Website Use and Ticket Sales Terms and Conditions
Last Modified: July 10, 2011
These Terms and Conditions govern all visits to the CageTix website and, if you purchase tickets via CageTix, are in addition to the terms contained on the tickets themselves. By visiting CageTix’s website you are agreeing to abide by all the terms and conditions in this document.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO BROWSE AND/OR PURCHASING TICKETS VIA CAGETIX YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms and Conditions may be modified periodically. The date of the most recent revision is displayed above. By using this website you agree to visit the Terms and Conditions subpage periodically and to review any changes that have been made.
You agree that by using this website you do not obtain ownership rights in any of the text, design, code, graphics or any other aspect of its content. You acknowledge CageTix’s intellectual property rights in the same and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of CageTix. CageTix and other names, slogans, and graphics on this website are state, federal, and/or common law trademarks of CageTix. Other marks used on the website may be the property of CageTix and/or other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.
CageTix has created, commissioned or licensed all aspects of this website and possesses copyright, trademark and/or other intellectual property rights in the website and its contents. You are given a limited license to use the website in accordance with these Terms and Conditions. Any unauthorized use is strictly prohibited. You acknowledge and agree that you may not reproduce any aspect of this website in any other forum without the advance written permission of CageTix.
You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the security features of the same. You further agree not to take any actions that would interfere with the website’s operations.
If you have been given a password to access a secured area of the site, you agree to keep your password confidential and agree to notify CageTix if your account has been compromised.
If CageTix believes you have violated these Terms and Conditions, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the website. CageTix may also disclose your personal information if necessary to prevent injury to or interference with the website based on your actions or the actions of a third party.
You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the website.
This website is designed for use by adults residing in the United States. If you access the same from outside the United States, you are responsible for complying with all local rules and regulations. Some functionality may not be available outside the United States.
You may not use the website to break any law. If your actions using those items cause harm to CageTix or any third party, you hereby agree to indemnify CageTix, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. CageTix has the right, but not the obligation, to review and/or remove any user posted material.
Any ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of CageTix with no compensation of any kind due to you for any use by CageTix including, without limitation, the reposting or display of such commentary or ideas. By submitting information to CageTix and/or its affiliates, you acknowledge that CageTix may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant CageTix all rights in your submission.
You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify CageTix and its agents and affiliates from any harm that may result from your uploading, sending, or posting of content and/or any harm to the intellectual property rights of others based on CageTix’ use of the content or idea.
If you create a Profile or upload or post any content, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate.
CageTix is not responsible for any websites owned by third parties linked to this website.
You agree that CageTix has no obligation to allow you to use the website or the server and that your access may be denied at any time for any reason.
CageTix’s failure to insist on strict compliance with any of these Terms and Conditions is not a waiver and you agree that such failure shall not inhibit CageTix’ right to enforce such terms in the future based on laches, estoppel or any other legal doctrine. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
Your use of this website is at your own risk. Neither CageTix nor its affiliates offers any representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to product descriptions or pricing) or representations to the percentage or length of time the website will be available for public access. CageTix has no duty to update or maintain this website. CageTix assumes no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.
CAGETIX DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CAGETIX DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNITERRRUPTED.
Under no circumstances will CageTix, its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, EXEMPLARY or consequential damages (including but not limited to lost profits, lost data, or interruption of business activities) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.
THE TOTAL LIABILITY OF CAGETIX AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEBSITE OR FOR THE USE OF ITS SERVER OR NETWORK SHALL NOT EXCEED $100.
THIS disclaimer applies to any damages, liability or injuries INCLUDING BUT NOT LIMITED TO THOSE caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
By using or visiting this website or purchasing tickets from CageTix, you explicitly agree to hold harmless CageTix and its owners, employees, and affiliates from any and all claims, costs, and damages which may arise directly or indirectly from your visit to this website.
CageTix does not warrant or guaranty the quality or use of any tickets or other items purchased via this website. You agree to take up any issues with such tickets or products solely with the event promoter or the manufacturer of said products.
You acknowledge and agree that events may be rescheduled and/or that fight cards may change and that CageTix has no liability or responsibility for such occurrences. You agree that if an event is canceled, your sole and exclusive remedy is a refund of the purchase price of the ticket, excluding all service fees, which are non-refundable.
If you do not receive confirmation after submitting payment, or if you experience an error message or service interruption after submitting payment, it is your responsibility to confirm your order with CageTix. CageTix will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
If you attempt to re-sell any tickets purchased via CageTix, you agree to comply with all local, state, and federal regulations governing the re-sale including anti-scalping provisions.
In the event that you violate these Terms and Conditions, you agree that CageTix will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If CageTix does take legal action against you, you agree to pay all attorneys fees and costs of such action.
These Terms and Conditions and any disputes related thereto shall be governed by the laws of the State of Nebraska and you consent to the state and federal courts nearest to Omaha, Nebraska as the exclusive venues for resolving any conflicts related to these Terms and Conditions, without regard to Nebraska’s choice of law provisions. You further consent to personal jurisdiction in such state and federal courts and waive any objections related to jurisdiction, venue, and forum non conveniens.
If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
All sales are final, no refunds or exchanges will be made. Treat tickets like cash as stolen tickets will not be replaced.
If you believe that any aspect of this website infringes on your intellectual property in any way, or you have any questions about these Terms and Conditions, please notify us immediately at:
c/o David Nelmark
Belin McCormick, PC
666 Walnut St., Suite 2000
Des Moines, IA 50309