Terms Of Use
We welcome you to the JAX365.com website and thank you for visiting. We ask that you review the following basic terms that govern the use of the site. By using the JAX365.com website you agree to follow and be bound by these terms.
The following terms and conditions (this “TOS”) govern all use of the http://www.JAX365.com website and services available on or through the Site or otherwise provided by JAX365., Inc. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by JAX365. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY JAX365. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
Description of Services
JAX365 provides a means for users to find events and activities occurring in the local area and for event organizers and planners (“Organizersâ€) to promote their events. Organizers collect event registration fees for their events online from registered users who want to attend such events (“Buyersâ€). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through the JAX365 payment processing gateway (the “Gateway”). For more information, please see http://www.JAX365.com.
License
JAX365 hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
Content
All of the content on the JAX365.com website including text, logos, images, videos, links, contact information and any other content or media has been provided and approved for use exclusively for JAX365.com by the proper authorities of the company advertising and/or promoting their company, events, services and everything else on the JAX365.com website and is to be used exclusively for the JAX365.com website. Copying or unpermitted use of anything from the JAX365.com website without permission from owner of the content is not permitted. The contents of JAX365.com are intended for the personal non-commercial use by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent. This includes using JAX365 trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines.
Collection and use of information
Jax365.com understands that privacy and security of personal and confidential information is important. JAX365.com may collect personal information such as name, email, phone, home address, age, gender, date of birth, zip code, personal interest and credit card information for transactions and registration. JAX365.com might also collect personal information to send news updates, changes, prize entries, promotions or information regarding other programs or services that might be of interest to you. We may also use your personal information to contact you if needed for customer service purposes. JAX365 will not distribute, share, sell, trade, or give out any personal or confidential information to any third party company or agency. If information does need to be shared for the purpose of registering for an event or something similar your information will only be shared if you agree to provide consent, normally done through an “opt-in†or “opt-out†option on the registration form. You may choose not to submit certain personal information while on JAX365.com, in such instances we might not be able to provide certain services.
Event Organizers - You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Contentâ€) as an Organizer, you hereby grant to JAX365 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If JAX365 determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with this TOS, JAX365 will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Buyers. JAX365 reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
Buyers/Non-Organizers - You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), whether as a Buyer or other non-Organizer, you hereby grant to JAX365 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). JAX365 reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
Registration Obligations
To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or JAX365 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JAX365 has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). JAX365 is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify JAX365 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. JAX365 cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
Refunds
It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer and JAX365 will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and JAX365 will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly.
Conduct
You are solely responsible for any and all acts and omissions that occur while You use this Site, and You agree not to engage in unacceptable use of the Site, which includes, but is not limited to, use of the Site to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as “spam”); (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) impersonate any person or entity, including, but not limited to, a JAX365 employee or agent; (vi) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the Site or any other computer network; (viii) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (ix) harm minors in any way; (x) solicit personal information from anyone under eighteen (18) years of age; (xi) solicit confidential information; (xii) interfere with or disrupt the Site or the servers or network connected to provide service to the Site; (m) provide instructional information about illegal or unlawful activities (xiii) “stalk” or otherwise harass another person; (xiv) intentionally or unintentionally violate any applicable local, state, national or international law; (xv) engage in outside commercial or business activities without Our express written consent; and/or (xvi) engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this Site or in conflict with the spirit or intent of the User Agreements. Any violation of this section can result in termination of Your account and/or license to use this Site and any ticket orders and/or Event listings that You place with Us, as well as other legal action. We will not routinely attempt to match Your personally identifiable information to Your usage of the Site or to other information in our possession. However, in instances where We, in Our sole discretion, suspect or determine that the Site is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to Your use of this Site may be disclosed to other parties as We deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by Us or by another party.
Linking
Links may be established on the JAX365.com website to those owned by third parties. JAX365 does not control any such third party websites and is not responsible for any damages you may suffer from using such third party sites. Linking to JAX365 website is prohibited without JAX365 prior written consent.
Feedback
Any comments or feedback submitted by users of the website shall be and remain the property of JAX365. JAX365 is under no obligation to pay for or respond to any such comments or feedback provided by users.
Visiting our website from outside the United States
If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.
Disclaimer
The contents of the JAX365 website are provided on an as is basis, without warranty of any kind, neither expressed or implied, including without limitation, warranties of merchant ability or fitness for a particular purpose. You use JAX365 site at your own risk and you assume all responsibility. JAX365 will not be responsible for any damages you may suffer as a result of your use from this site or the activities that the site promotes. JAX365 will not be responsible for any lost money or compensate if an event is cancelled, rescheduled or times change for events promoted or advertised on the JAX365.com website. JAX365.com is in no way responsible for any financial transactions between the website visitor and the third party vendor. We collect funds on behalf of third party clients and refund policies are subject to the refund policies of those clients. If registering for an event through JAX365 it is recommended you review the event organizers website for their refund policy.
Limitations on Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JAX365 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. JAX365 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JAX365 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL JAX365 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JAX365 AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Software Available On This Web Site
Any software that is made available to download from this Web site (“Software”) is the copyrighted work of JAX365. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: JAX365 hereby grants to the User a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose. Please note that all Software, including without limitation all HTML code contained in this Web site, is owned by JAX365 and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, JAX365 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Web site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is JAX365.
Use Of Information
The name, address and payment information (if applicable) that the User provides via this Web site, together with information regarding the manner in which the User uses this Web site, will not be processed or disclosed by JAX365 except as permitted by these terms and conditions. By being a user of this Web site, the User agrees that JAX365 may share with other parties both aggregate information, individual information, and locator gathered by JAX365 in the course of the User’s continuing individual use of this Web site. “Aggregate information” is information that describes the habits, usage patterns and/or demographics of users as a group but does not describe or reveal the identity of any particular user. “Individual information” is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies any user or enables the recipient to communicate directly with any user. “Locator information” consists of a user’s name, e-mail address, physical address and/or other data about the user that enables the recipient to personally identify the user. Any user who does not wish to receive any special offers or communications from JAX365 on behalf of suppliers, or directly from JAX365 or its affiliates, may so notify JAX365 at the listed below under SERVICE CONTACT. (Note that a user’s election not to receive such information will not affect the user’s receipt of offers and communications that were processed prior to the users’ election.) Locator information and individual information will be processed and stored by JAX365 in the United States and, if the user does not live in the United States, possibly in the country of residence. Users may contact JAX365 to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by JAX365.
Indemnity
As a condition of use of this Web site, the User agrees to indemnify JAX365 and its suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from User’s use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
Applicable Law
By visiting JAX365, you agree that the laws of the state of Deleware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and JAX365 or its affiliates.
Disputes
Any dispute relating in any way to your visit to JAX365 or to products you purchase through JAX365 shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate JAX365 intellectual property rights, JAX365 may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Violations
Please report any violations of this TOS by email to .(JavaScript must be enabled to view this email address).