Welcome to 354401 Alberta Ltd. o/a festivalXpress (Hereinafter “festivalXpress”)

Last Updated January 30, 2020

The following are the Terms of Use (“Terms”) that govern the use of festivalXpress owned or managed websites (collectively, the “Site”). These Terms, including festivalXpress’s 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. festivalXpress, and each of their respective parents and subsidiaries (collectively “festivalXpress” or “we”) reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and you agree not to duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorized by festivalxpress to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by festivalxpress to do so. The content and software on this Site is the property of festivalxpress and/or its suppliers and is protected by U.S., Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits. These Terms give you a non-exclusive license to copy the Site for your own personal use only so long as you comply with all of the terms and conditions set forth herein. Any violation of these Terms exceeds the scope of that license.

Ticket Purchase Policy

Please review the Purchase Policy, which will govern your order or purchase of any tickets through the Site.

Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations

The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You may be asked to provide information during various processes that you engage in on the Site. 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.

User Contributions to the Site

From time to time, we may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats, using bulletin boards, and providing ratings and reviews. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as “User Content.” Such contributions do not necessarily represent the view or opinions of festivalXpress. festivalxpress cannot preview User Content before it appears. festivalXpress does not guarantee the accuracy, safety, completeness, or usefulness of any User Content, and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content or any opinion, recommendation or advice expressed therein, and festivalxpress expressly disclaims any and all liability in connection with User Content

When using the Site, you may choose to read or otherwise be exposed to User Content. festivalXpress is not liable or responsible for the intellectual property rights of or relating to such User Content. You agree and acknowledge that such content may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against festivalXpress with respect thereto as described more fully below, and agree to indemnify and hold festivalXpress harmless to the fullest extent allowed by law regarding all matters relating to your use of the Site as described more fully below. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us atinfo@festivalXpress.com if the material is on a festivalXpress owned or managed website. We will investigate your claim and may then take all actions we deem appropriate.

You agree that you will not submit “Prohibited Content,” as described below, as User Content. Please review the Customer Rating And Reviews Policy which will further govern your submission of customer ratings, reviews, and other User Content.

Prohibited Content

The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:
Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic or sexually explicit material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
Infringes festivalXpress’s or any third party’s copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.

Offline Conduct

Although festivalXpress cannot monitor the conduct of users off the Site, it is also a violation of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. festivalXpress has no control over these sites or the content within them. festivalXpress cannot guarantee, represent or warrant that the content contained in those third party sites is accurate, legal and/or inoffensive. festivalXpress does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against festivalXpress for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at info@festivalXpress.com, and we will investigate your claim and take any actions we deem appropriate.

Commercial Use

No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not use the Site to resell tickets or to link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Access and Interference

You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. You agree that you will not use any robot, spider or other automatic or manual device, process or means to give yourself or others acting for your benefit or on your behalf the ability to navigate the Site or purchase tickets on the Site faster than users of the Site who use a standard commercial browser and manually enter on their computers all information needed to navigate the Site and purchase tickets. You agree that you will use no robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems used on the Site, including but not limited to the “CAPTCHA” system used as part of the Site’s ticket purchasing process. The CAPTCHA system requires the retyping of characters on your computer screen. You agree that the retyping will only be done manually by you on the keyboard for the computer that you are using to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior, express written permission of festivalXpress.

Unauthorized Use of the Site

Any illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Site includes, but is not limited to, using the Site to facilitate illegal ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert) to request more than 1000 pages of the Site in any twenty-four hour period (hereafter referred to as “Abusive Use”); (b) for any individual (or group of individuals acting in concert) to reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval; or (c) to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a pre-sale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from festivalXpress, or from the fan club or other organization with whom festivalXpress is working to enable such pre-sale or offer) or if your participation in such pre-sale or other offer is inconsistent with such pre-sale’s or offer’s terms.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages

Violations of these Terms of Use, 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 festivalXpress’s sole discretion, and without prior notice, festivalXpress may terminate and block your access to the Site or to festivalXpress’s other services, cancel your ticket order and/or tickets acquired through your ticket order, refuse to honour pending and future ticket purchases made from all credit card accounts or online accounts festivalXpress believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if festivalXpress believes that your conduct or the conduct of any person with whom festivalXpress believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through festivalXpress, violates or is inconsistent with these Terms or the law, or violates the rights of festivalXpress, a client of festivalXpress or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honour all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.

You agree that monetary damages may not provide a sufficient remedy to festivalXpress for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that Abusive Use of the Site, as defined above, causes damage and harm to festivalXpress in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect.

festivalXpress 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 festivalXpress’s rights. For more information about how we handle copyright infringements on the Site, please see our Copyright Policy, below. 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 the entire 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.

Privacy

We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. festivalXpress will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom festivalXpress is allowed to disclose your contact information under the Privacy Policy. Please note that 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 in these Terms “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 festivalXpress 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, festivalXpress 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. You understand that if you post tickets on TicketExchange through the posting process applicable to licensed resellers, under certain circumstances some of your contact information may be displayed to the public.

festivalXpress is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

License Terms

You have a non-exclusive, limited, revocable license to visit and use the Site while you are in compliance with the Terms of Use, Purchase Policy, Customer Ratings and Reviews Policy, and all other conditions and limitations described for use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges of any kind with respect to the Site or any content on the site.

Release, Waiver And Limitation on Liability

As a condition of access to the Site, you fully waive and release festivalXpress and festivalXpress shareholders, partners, affiliates, directors, officers, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Site, other users’ use of the Site, User Content posted on the Site, and any dispute you have or claim to have against festivalXpress and its affiliates or one or more users on the Site.

You acknowledge that you may have or may in the future have claims against festivalXpress which you do not know or suspect to exist in your favour when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Disclaimers

FESTIVALXPRESS DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. FESTIVALXPRESS CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FESTIVALXPRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FESTIVALXPRESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. FESTIVALXPRESS MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE FESTIVALXPRESS SERVICE.

FESTIVALXPRESS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, FESTIVALXPRESS USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE FESTIVALXPRESS SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE FESTIVALXPRESS SERVICE.

FESTIVALXPRESS IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE VENUE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to festivalXpress at info@festivalXpress.com if on festivalXpress owned or managed websites. festivalXpress may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

IN NO EVENT WILL FESTIVALXPRESS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF FESTIVALXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in Canada, then the dispute will be governed by the laws of the Province of Alberta without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Calgary, Alberta.

Indemnity

You agree to indemnify and hold festivalXpress and its affiliates, and each of festivalXpress and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Trademarks

festivalXpress is a registered trademark of Festival Xpress Ltd. and is licensed to 354401 Alberta Ltd. All rights are reserved.

354401 Alberta Ltd. o/a festivalXpress Legal Office
700 9th Ave. SW Suite 3000 Calgary, Alberta T2P 3V4
info@festivalXpress.com