Acceptable Use Policy

Permitted Use

AudienceView Ticketing Corporation and its affiliates (collectively, “AudienceView“) provide hosting and dedicated services (hereafter referred to as the “Site“) to its clients in support of the commercial sale of tickets, merchandise and other items. To protect the interests of all clients and to ensure optimal service levels, AudienceView has developed the following Acceptable Use Policy (“AUP“) for clients to set out client rights and responsibilities when utilizing services offered by AudienceView. Use of any service offered by AudienceView by any client will constitute acknowledgment of and agreement to the terms outlined in this AUP. This AUP may be revised in part or in full at any time by AudienceView.

Content

All services provided by AudienceView may be used for lawful purposes only. AudienceView does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by AudienceView except to determine if violations of the AUP have occurred once a suspected violation has been brought to AudienceView’s attention. Therefore, clients are solely responsible for the content and use of their service as provided by AudienceView and should ensure that such use falls within the guidelines of the AUP. AudienceView cannot and will not monitor, edit, censor, or otherwise interfere with information or content clients may retrieve from sources outside the AudienceView network even when such information is made available to clients through the use of material deliverable to any site or service maintained by AudienceView, such as via email. Because of this, AudienceView will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless AudienceView, its parent and its affiliates and subsidiaries and their respective directors, officers, employees and shareholders, from claims resulting from the use of any provided service which damages the client of any other party.

User Contributions

We may provide you or your end users with opportunities to upload content, which may include, but not be limited to, graphics, web site links, and text. Anything that is contributed to the Site by you or other Site users will be referred to in this AUP as “User Content.” Such contributions do not necessarily represent the view or opinions of AudienceView. AudienceView cannot preview User Content before it appears. AudienceView 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 AudienceView expressly disclaims any and all liability in connection with User Content.

You agree that you will not submit or upload “Prohibited Content,” as described below, as User Content.

Prohibited Content

The following is a partial list of the kind of User Content which is illegal or prohibited. It includes User Content that:

  1. Is 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;
  2. Could be harmful to minors;
  3. Harasses or advocates harassment of another person;
  4. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  5. Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. 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;
  7. Displays pornographic or sexually explicit material of any kind;
  8. Provides material that exploits others in a sexual or violent manner or otherwise, or solicits personal information from minors;
  9. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  11. Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
  12. Infringes AudienceView’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.

Links

You may customize your Site to refer or link to third party sites throughout the World Wide Web. AudienceView has no control over these sites or the content within them. AudienceView cannot guarantee, represent or warrant that the content contained in those third party sites is accurate, legal and/or inoffensive. AudienceView does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your systems. You agree to obtain any required authorization before linking or referring to third-party web sites. If a third-party web site contacts AudienceView due to your unauthorized linking we will contact you and inform you of the objection. We reserve the right to take whatever actions are legally required to remedy any such situation, normally limited to the removal of the offending links.

Misuse of system resources

To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources within the AudienceView network are prohibited. This includes, but is not limited to, the use of programs that consume excessive system resources (disk space, CPU time, network bandwidth); use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource. AudienceView’s network is intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns will be subjected to additional charges. AudienceView reserves the right to suspend, discontinue or throttle traffic in the event of excessive use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers hosted by AudienceView.

Access and Interference.

You agree that you will not use any robot, spider, program or other automatic or manual device, process or means to: (i) access the Site for the purposes of completing purchases, or (ii) 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. 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 will not conduct a vulnerability scan, port scan, penetration test, intrusion test, synthetic monitoring or contract with an organization to undertake any of these activites targeted against the AudienceView Hosting platform or any systems within.

Unauthorized Use of the Site

Any illegal or unauthorized use of the Site shall constitute a violation of this AUP. You do not have permission to access the Site in any way that violates, directly or indirectly, this AUP. Illegal or unauthorized use of the Site includes, but is not limited to, using the Site to facilitate illegal ticket sales, or unauthorized use of any robot, spider or other automated process on the Site, and use of the Communication tool not in compliance with applicable privacy and anti-spam legislation such as CAN-SPAM, CASL, PIPEDA and EU privacy directives.

Credential Management

You agree that use of the Site to access the AudienceView system by anyone other than authorized client users is strictly prohibited and that you are be responsible to ensure that only authorized client users are permitted to enter or retrieve data from the AudienceView system. You acknowledge and agree that such restriction is reasonable and necessary in order to maintain compliance with the Payment Card Industry data security standards, and to avoid unauthorized access to other private and confidential data. You agree to protect all client user login access points with appropriate passwords and other protective measures such as antivirus software, etc., before connecting to the AudienceView system, and to periodically update such measures and apply all security patches recommended by AudienceView, applicable device manufacturers and/or antivirus software providers.

Suspected Violations

Violations of this AUP, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive proceedings. You agree that AudienceView may take whatever actions are necessary and appropriate to stop suspected violations, including the removal of content, blocking of unauthorized activity, or other actions as we deem appropriate such as suspension to termination of your access and rights to the Site.  Where commercially reasonable we will undertake to contact you and notify you of suspected violations, and provide you with a reasonable amount of time to rectify the situation.  However we reserve the right, at our sole discretion, to take actions as necessary to maintain our services, contacting you afterwards if warranted.

Privacy

If you post any User Content to the Site we will treat it as non-confidential and non-proprietary to you. When we say in this AUP “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. 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 AudienceView 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, AudienceView cannot prevent it from being used in a manner that violates this AUP, the law, or your personal privacy and safety. By posting such information on the Site, you violate this AUP, and you assume the risks and sole liability for the results of such posting.

 

Last updated: June 26, 2019