- You shall not use our Services to list or sell stolen tickets;
- You shall not use our Services to list invalid tickets;
- You shall independently monitor ticket listings to ensure accuracy and completeness;
- You shall independently review all terms and conditions and other agreements of third-party marketplaces to ensure compliance;
- You shall treat your account credentials as confidential information and not disclose your account credentials to anyone outside of the Ticket Brokerage;
- You shall refrain from any public or private comments that you will share DTR Software's technology or processes with others;
- You shall not use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
- In connection with your use of the Services, you will not engage in any activity that may create a risk of injury, death, property damage, and/or liability of any kind;
- When accessing and/or using the Services, you shall not inflict emotional distress on any person, humiliate any other person, assault or threaten any other person;
- You shall not sublicense, rent, lease, sell, trade, gift, bequeath, or otherwise transfer your account to anyone without DTR Software's written permission; and
- You shall not access or use an account that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without DTR Software's written permission.
DTR Software does not guarantee that your tickets will be sold or will appear on any marketplaces within a certain time. DTR Software will not, for any reason, provide compensation for tickets that do not sell, even if it is due to any unavailability of our Services resulting from an outage, maintenance, enhancements, or other delays.System Requirements, Maintenance, Updates, and Limitations on ServiceUse of the Services requires a computing device that is compatible with the Services and may require obtaining updates or upgrades from time to time in order to continue using the Services. Because use of the Services involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You acknowledge and agree that DTR Software is not responsible for supplying you with hardware necessary to use the Services.DTR Software reserves the right, in its sole discretion, to change, improve, correct, modify, suspend, discontinue or permanently cancel the operation of the Services or portions thereof at any time without any notice to you, and without incurring any obligations or liabilities to you or to any third-party. Your use of these Services after any changes are posted will be considered acceptance of such changes. The Services may not be available during maintenance breaks and other times. DTR Software reserves the right to modify or discontinue, temporarily or permanently, any aspect of the Services for any reason and without notice. You agree that DTR Software is not responsible for any costs, loss of revenue, or loss of business of any kind as a result of maintenance of the Services, or as a result of the Services being inaccessible for any other reason.The version of the Services' software may be upgraded from time to time to add support for new functions and services, improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions (hereinafter "Enhancement(s)"). You agree to receive such updates (and permit DTR Software to deliver these to you) as part of your use of these Services.In any such event when and if DTR Software provides Enhancements to the Services, User shall accept any DTR Software Enhancements to or for the Services. In the event that there is or will be an incremental cost increase in a material amount to the Services associated with the Enhancement, the amount of said incremental cost increase shall be acceptable to DTR Software and User. DTR Software does not guarantee that we will continue to support any version of our Services for which you initially received a license for.It is User's obligation to work with DTR Software (or designate an approved contact) which DTR Software and its support vendors can work with to resolve any issues upon which you provide us sufficient notice of. User will provide power and high speed Internet access for any equipment utilizing any of the services or products associated with the Services. DTR Software is not responsible for issues involving an Internet Service Provider and User or any other third parties which make changes to User's network via direct (change) or indirect (outage) action.Limited LicenseUnless and to the extent indicated otherwise, the Services and all materials and information ("Materials") contained on the Services (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the Services are owned, controlled or licensed by DTR Software. The contents of the Services and Materials, including the selection, coordination and arrangement of the Services and Materials, are protected by, or subject to protection by, worldwide copyright, trademark, patent, trade secret, and/or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws worldwide in your use of these Services and Materials. Except as expressly provided herein, DTR Software does not grant any express or implied right to you under any patents, trademarks, or copyrights.Subject to your continued compliance with the Terms and Conditions, DTR Software grants you a non-exclusive, non-transferable, limited right to access, view, and use these Services and Materials for your Ticket Broker business only. All rights, title, and interest in the Services and Materials not expressly granted to you in these Terms and Conditions are reserved by DTR Software. You agree not to dispute DTR Software's claims of ownership or validity of its rights to the Services and Materials.DTR Software may suspend or terminate any and all of your rights and authorization at any time for any reason. If you violate any of the Terms and Conditions, your rights under this Section will terminate at the sole discretion of DTR Software and DTR Software may terminate your access to the Services and Materials without notice and without any refund of fees.Any right or authorization granted to you by DTR Software is subject to the following obligations and restrictions:
- a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials and the Services;
- b) you may not copy, reprint, modify, distribute, translate, port, publish, sublicense, assign, transfer, sell, lease or otherwise distribute the Materials or the Services in any way or reproduce or publicly display, perform, or otherwise use them for any public purpose or any other purpose than your Ticket Broker business;
- c) you may not commercially exploit the Services, Materials nor underlying data, including without limitation, (i) creating derivative works of the Materials and the Services, (ii) using any data mining, robots, or similar data gathering and extraction tools on the Materials or the Services, (iii) creating a database, systematically downloading, storing any or all of the Materials from the Services or the Services itself, (iv) linking or framing any portion of the Materials, (v) extracting, deriving or attempting to extract or derive any source code or structure of all or any portion of the Materials or the Services by reverse engineering, disassembly, decompilation or any other means, or (vi) using other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Materials or the Services provided by DTR Software;
- d) you may not transfer the Materials or Services to any other person without the written consent of DTR Software;
- e) you may not use the Services or Materials with other content or in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, nor may your use victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- f) you may not register for or use the Services or Materials in a manner that impersonates any other person, business or entity, including DTR Software, and its employees and agents;
- g) you may not interfere, try to interfere, disrupt, or try to disrupt the DTR Software servers or networks, or disobey any network access or security requirements, policies, directives, procedures, or regulations of DTR Software or its representatives and agents who facilitate your use of the Services;
- h) you may not use the Services or Materials as a means to engage in conduct that reflects poorly upon, disparages or devalues DTR Software's reputation or goodwill, as determined in DTR Software's sole discretion; and
- i) you may not establish a link or otherwise hold yourself out as an exclusive user of the Services or suggest an affiliation with, approval of, or endorsement by DTR Software when none exists.
or in writing at:
DTR Software, Inc.
2718 East Katella Avenue
Anaheim, CA 92806Disclaimer to Terms and ConditionsDTR Software may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.YOU AGREE THAT YOUR USE OF THESE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DTR SOFTWARE, AND THEIR AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SERVICES AND YOUR USE THEREOF. DTR SOFTWARE, AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT AND THE PROCESSES PROVIDED BY THESE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THE PROCESSES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, TICKET INFORMATION, AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PROCESSES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES AND ANY PROCESSES PROVIDED BY THE SERVICES. DTR SOFTWARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DTR SOFTWARE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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. NEITHER DTR SOFTWARE NOR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.User also acknowledges and agrees that AS TO DTR SOFTWARE, (i) USER ACCEPTS THE SERVICES AS-IS, AND THAT DTR SOFTWARE HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION OR WARRANTY OR COVENANT WITH RESPECT TO FITNESS, MERCHANTABILITY, CONDITION, QUALITY, DURABILITY OR SUITABILITY OF ITS SOFTWARE, SERVICES, WEBSITE, ANY TICKETS, ANY EVENT, OR ANY CONTENT, IN ANY RESPECT OR IN CONNECTION WITH, OR FOR THE PURPOSES AND USES OF USER, OR AS TO TITLE THERETO OR ANY OTHER REPRESENTATION OR WARRANTY OR COVENANT OF ANY KIND OF CHARACTER, EXPRESS OR IMPLIED WITH RESPECT THERETO; and (ii) THAT IN NO EVENT SHALL DTR SOFTWARE, OR ANY SUB-CONTRACTOR, VENDOR, OR AUTHORIZED SERVICE PROVIDERS HIRED BY DTR SOFTWARE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENTS, BE LIABLE TO USER OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY (WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO DTR SOFTWARE), FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, SAVINGS, REVENUES, LEGAL COSTS AND/OR EXPENSES, OTHER ECONOMIC LOSS, LOSS OF (OR COST OF SUBSTITUTE) EQUIPMENT OR MATERIALS OF ANY KIND WHATSOEVER, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, IN ANY MANNER IN CONNECTION WITH: (i) THE USE OF OR ANY PROCESSES RELATED TO THE SERVICES; (ii) FOR ANY PURCHASE, USE OR LICENSE OF ANY COMPUTER SOFTWARE; (iii) FOR ANY DATA FURNISHED UNDER OR AS A RESULT OF THE AGREEMENTS; (vi) THE DURATION OR MANNER IN WHICH YOUR TICKETS ARE LISTED AT MARKETPLACES; (v) ANY INACCURACIES IN THE TICKET LISTINGS; (vi) ANY TICKET DOUBLE SELLS; OR (vi) ANY OTHER ACTIVITIES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.Release and Covenant Not to SueTo the maximum extent permitted by applicable law, you hereby release, and waive all claims and demands against DTR Software and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Services.Marketplace or Consumer DisputesYou are solely responsible for any activities related to your tickets, ticket listings, and ticket order fullfillments, whether or not performed through the Services. DTR reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more consumers or marketplaces, you release DTR Software and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, employees, and employers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment or fulfillment of ticket orders.Force MajeureDTR Software shall not be liable for any delay or failure to provide the Services resulting from causes outside the reasonable control of DTR Software, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond DTR Software control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.Indemnity and Hold HarmlessBy using these Services you agree that you will defend, indemnify and hold harmless DTR Software, together with its subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, employees, and employers, from and against all the liabilities, liens, actions, claims, costs, taxes, damages and expenses (including reasonable attorneys' fees and costs) if any third party brings a claim against DTR Software in connection with, or arising out of (i) your breach of the Terms and Conditions; (ii) your violation of any law, rule or regulation of the United States or any other country; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your use of the Services; (v) any other party's access and use of the Services with your account credentials or other appropriate security feature; (vi) double ticket sells resulting from the Services; (vii) any inaccuracies in ticket listings; (viii) any tickets purchased as a result of the Services; or (ix) violation of any laws related to the resale of tickets. DTR Software reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with DTR Software's defense of such claim.ArbitrationWe look forward to a long and mutually productive relationship with you. However, if you become dissatisfied for any reason with the fees charged or the Services, we encourage you to bring that to our attention immediately. It is our belief that most such problems can be resolved by good faith discussions between the parties. Nevertheless, it is always possible that some dispute may arise which cannot be resolved by discussions between us. We believe that such disputes can be resolved more expeditiously and with less expense to all concerned by binding arbitration than by court proceedings.Any dispute between you and DTR Software (including, without limitation, any individual currently employed or formerly employed by DTR Software) shall, at the sole discretion of DTR Software, be subject to binding arbitration. In addition, all questions regarding the arbitrability of the dispute, including whether you and/or DTR Software has agreed to arbitrate the dispute, shall be decided by such arbitration. This agreement to arbitrate all disputes between us applies even if some person or entity claims that this Agreement is void, voidable or unenforceable for any reason. By agreeing to arbitrate, all parties are waiving jury trial.The arbitration shall be held in Orange County, California, before a mutually acceptable arbitrator, pursuant to the rules of arbitration of the American Arbitration Association. You consent to personal jurisdiction in California and venue in Orange County in any action, and agree to waive the right to proceed in any other jurisdiction or forum concerning a dispute between the parties or relating to this Agreement. This agreement to arbitrate shall survive the termination of the Services or this Agreement.MiscellaneousThese Terms and Conditions together with any additional terms to which you agree when using any aspect of these Services constitute the entire agreement regarding the Services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Services. You agree that these Terms and Conditions are governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflict/choice of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect.No delay or omission to exercise any right, power or remedy accruing to DTR Software upon any breach or default by User under the Agreements shall impair any such right, power or remedy of DTR Software, nor shall any such delay or omission be construed as a waiver of any breach or default, or of any similar breach or default occurring, nor shall any waiver of a single breach or default be deemed a waiver of any subsequent breach or default, nor shall any single or partial exercise of any right preclude the exercise of any other right or any other remedy at law or in equity. Except as expressly and specifically set forth in this these Terms and Conditions, no representations, statements, consents, waivers, or other acts or omissions by DTR Software shall be deemed a modification of these Terms and Conditions nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of DTR Software.If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in a competent Federal or State court of California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.The terms and conditions described in the Agreements shall be considered to be the complete and exclusive statement of the understanding between User and DTR Software, and cancels and supersedes all earlier promises, representations, discussions or agreements, written and oral, between the parties which relate in any way to the Services. To the extent there is any inconsistency between any obligations and rights in the Agreements, the latest issued provision shall prevail over the provision issued earlier in time. To the extent the provisions were issued contemporaneously, the terms and conditions herein shall prevail.The terms and conditions in the Agreements shall be binding upon and inure to the benefit of User and its permitted successors and assigns (subject to any other provision in the Agreements), and shall be binding upon and inure to the benefit of DTR Software and its successors and assigns.YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS AND UNDERSTAND THE OBLIGATIONS, RIGHTS, CONDITIONS, TERMS, RESTRICTIONS, CONDITIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICES OR REGISTER FOR THE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DTR SOFTWARE THE RIGHTS SET FORTH HEREIN.