The following are the Terms of Use ("Terms") that govern the use of www.touchstoneticketing.com. These Terms, including touchstoneticketing.com Privacy Policy, Ticket Purchase Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are hereby incorporated by reference into these Terms. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.
We reserve the right at any time to:
Change the terms and conditions of these Terms;
Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
By using or attempting to use the Site, you certify that are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements please discontinue using the Site immediately.
REGISTRATION
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with www.touchstoneticketing.com and to select a password and "User ID". touchstoneticketing.com is a registered subsidiary of parent company Touchstone Productions Limited and as such the information you provide will be submitted to Touchstone Productions Limited. You shall provide Touchstone Productions with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not:
select or use as a User ID, the name of another person with the intent to impersonate that person
use as a User ID, a name that is subject to the rights of a person other than you without appropriate authorization
use as a User ID, a name that is offensive, vulgar or obscene.
Touchstone Productions reserves the right to refuse registration, cancel a User ID or deny access to the Site in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's express permission. You will immediately notify Touchstone Productions in writing of any unauthorized use of your account, or other account related security breach of which you are aware. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by emailing us at admin@touchstoneticketing.com .
CODE OF CONDUCT
In connection with User Content (as defined below) and your use of the Site, you agree that you will not:
Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site or Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by Touchstone Productions, without our prior written consent;
Impersonate any person or entity, whether actual or fictitious, including any employee or representative of Touchstone Productions
Transmit
any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights
any material, non-public information about companies without the authorization to do so
any trade secret of any third party
any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by Touchstone Productions)
Engage in spamming or flooding
Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in the Site;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Harvest or collect information about Site visitors or members without their express consent;
OWNERSHIP AND RESTRICTIONS ON USE
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about the products and services offered or described on the Site by Touchstone Productions. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyright and other proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by Touchstone Productions and will remain the property of Touchstone Productions and its licensors and suppliers. The Site is protected by international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Touchstone Productions, their suppliers, and others. The Trademarks owned by Touchstone Productions, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Touchstone Productions, in any manner that is likely to cause confusion with customers, or in any manner that disparages Touchstone Productions. Touchstone Productions will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
MAKING PURCHASES
If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your “Transaction”, including, without limitation, credit card and other information. You understand that any such information will be treated by Touchstone Productions in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase tickets on the Site. You grant Touchstone Productions the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions or images of, or references to, products or services on the Site do not imply Touchstone Productions’ endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.
Verification of information applicable to a purchase may be required prior Touchstone Productions acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to Touchstone Productions refund and exchange policies then in effect.
INFORMATION PROVIDED BY TOUCHSTONE PRODUCTIONS
Although Touchstone Productions strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Touchstone Productions will make best efforts to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials will have been contributed to the Site by various artists, and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Touchstone Productions expressly disclaims any liability with respect to the foregoing.
FORUMS AND USER CONTENT
We and our designees may host message boards, blog feeds and other forums found on the Site (collectively, the "Forums"), and you may have the ability to provide or upload suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, "User Content"). By sending or transmitting User Content to us, or by posting such User Content to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, assignable, royalty-free, irrevocable right and license to use, reproduce, distribute, create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Touchstone Productions’ sole discretion, all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party.
None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If Touchstone Productions does decide, in its sole discretion, to attribute User Content to you, you hereby grant Touchstone Productions the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to Touchstone Productions does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that:
you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Touchstone Productions under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms
you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms or, if such persons are minors, the written consent, release, and/or permission of such minor's parent or legal guardian.
You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the User Content that you or third parties transmit or post; to alter or remove any such User Content (including, without limitation, any posting to a Forum); to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
LINKS
The Site contains links to other Internet websites, including affiliated websites which may or may not be owned or operated by Touchstone Productions. Touchstone Productions has not reviewed all of the websites that are linked to the Site, and has no control over such sites. Unless otherwise explicitly stated, Touchstone Productions is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Touchstone Productions offers such links does not indicate any approval or endorsement of any material contained on any linked site. Touchstone Productions is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
You agree that your use of other internet websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
TERMINATION
These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Touchstone Productions may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Touchstone Productions shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
VIOLATION OF THESE TERMS
Violations of these Terms, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Touchstone Productions’ sole discretion, and without prior notice, Touchstone Productions may terminate and block your access to the Site or to other services, cancel any orders for merchandise and or tickets, and refuse to honor pending and future purchases made from all credit card accounts or online accounts that Touchstone Productions believes may be associated with you.
Touchstone Productions is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Touchstone Productions’ Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
DISCLAIMERS
The site, the materials on the site, and any product or service obtained through the site is provided "as is" and without warranties of any kind, either express or implied. Touchstone Productions does not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, or that the site, the server(s) on which the site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of Touchstone Productions, whether made on the site or otherwise, shall create any warranty.
Touchstone Productions does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site, or featured in any banner or other advertising, and Touchstone Productions will not be a party to, or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
LIMITATION OF LIABILITY
Neither Touchstone Productions nor any of its affiliates, shareholders, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits, under any contract, negligence, strict liability or other theory arising out of, or relating in any way to the site and/or materials contained on the site, any linked site or any product or service purchased through the site. Without limiting the foregoing, you expressly acknowledge and agree that Touchstone Productions shall have no liability or responsibility whatsoever for
any failure of another user to the site to conform to the codes of conduct
personal injury or property damage, of any nature whatsoever, whether arising in or resulting from your access to and use of our site
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
any interruption or cessation of transmission to or from our site
any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through our site by any third party
any errors, mistakes, inaccuracies or omissions in any materials
any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site
Your sole and exclusive remedy for dissatisfaction with the site or materials or any linked site is to stop using the site, materials, or linked site, as applicable. The maximum liability of Touchstone Productions, and your sole and exclusive remedy, for all damages, losses suffered by you and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the site.
INDEMNIFICATION
You agree to indemnify, defend and hold Touchstone Productions its, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from
your breach of these Terms, including any violation of the Code of Conduct, above
any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party
your activities in connection with the Site.
PRIVACY
We believe that the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. Touchstone Productions will recognize the importance of the privacy of our clients and treat their personal information with confidentiality unless we are given permission to share such information. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say "post" we mean the provision of information to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Touchstone Productions or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, email address or other such information. If you post such information, Touchstone Productions cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.
© 2011 Touchstone Productions. All rights reserved.