1. Eligibility and Registration. In order to participate in My Tickets you must first register with My Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Tickets, and accessing the Services, you are representing to us that you are at least 18 years of age. The Scotiabank Convention Centre or Tickets.com may suspend or terminate your My Tickets account if you are not qualified to use the Services.
2. Accuracy of Information. You agree, and by using the Services you represent and warrant that the information you provide to anyone in connection with your use of the Services (including, without limitation, the Scotiabank Convention Centre or Tickets.com) is true and accurate in all respects. Neither Tickets.com nor the Scotiabank Convention Centre guarantees the truth or accuracy of any statements or representations made by My Tickets users. Neither Tickets.com nor the Scotiabank Convention Centre will be liable or bear any responsibility for statements made by other My Tickets users.
3. Scotiabank Convention Centre Ticket Holders and Applicable events. Not all Ticket accounts holders of record are authorized by the Scotiabank Convention Centre to use My Tickets to forward any Ticket through Ticket Forward. Only Tickets for Scotiabank Convention Centre as designated by Scotiabank Convention Centre from time to time may be forwarded through Ticket Forward.
4. Specific Terms Governing Use of Ticket Forward. If you forward a Ticket through Ticket Forward, you agree to be bound to the following terms. If you are a qualified My Tickets account holder of record and are forwarding a Ticket, you are referred to below as the “Sender”. If you are receiving a forwarded Ticket, you are referred to below as the “Recipient”.
5. Termination of Participation. Scotiabank Convention Centre may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if Scotiabank Convention Centre determine that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Tickets participants, (C) you have violated any policy, rule, regulation or direction of Scotiabank Convention Centre relating to either the Scotiabank Convention Centre and/or Scotiabank Convention Centregrounds, as each may be amended from time to time by Scotiabank Convention Centre in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. Neither Tickets.com, nor Scotiabank Convention Centre will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future event dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to Scotiabank Convention Centre or Tickets.com at law or in equity may be taken against you.
6. Legality of Transaction. Neither Scotiabank Convention Centre, nor Tickets.com makes any assurance that the Services complies with applicable Federal, province, municipal or other local law or regulation. Users of the Services assume all risk in connection with any transaction conducted with the Services.
7. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on any of this Website or Scotiabank Convention Centre Websites is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever.
8. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NEITHER TICKETS.COM, NOR SCOTIABANK CONVENTION CENTRE WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THIS WEBSITE OR SCOTIABANK CONVENTION CENTRE WEBSITES (OR ANY SERVERS THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER SCOTIABANK CONVENTION CENTRE, NOR TICKETS.COM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, OR SCOTIABANK CONVENTION CENTRE, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, OR SCOTIABANK CONVENTION CENTRE WILL CREATE A WARRANTY OF ANY KIND.
9. LIMITATION OF LIABILITY. NEITHER TICKETS.COM, OR Scotiabank Convention Centre OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, OR SCOTIABANK CONVENTION CENTRE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MY TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, OR SCOTIABANK CONVENTION CENTRE OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES WHATSOEVER.
10. INDEMNITY. EACH PERSON WHO USES THE SERVICES AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS SCOTIABANK CONVENTION CENTRE, OR TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND THEIR USE.
11. Compliance with Laws. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, province and local laws, statutes, ordinances, rules, regulations and orders regarding ticketing.
12. No Guarantee of Security. Neither Tickets.com, or Scotiabank Convention Centre guarantees secure access to either Scotiabank Convention Centre or the My Tickets Website and none of Scotiabank Convention Centre nor Tickets.com assures the security of any information provided by you in connection with the Services.
13. Password Use. In order to use the Services you will be required to register with My Tickets, and as part of such registration, you will receive a user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and are solely responsible for all actions that occur under your user name and password.
14. General. This Agreement will be governed in all respects by the laws of the Province of Ontario without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Niagara Falls, Ontario, pursuant to the Commercial Rules of the American Arbitration Association and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to Scotiabank Convention Centre, nor Tickets.com under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy.