The following terms and conditions constitute a legally binding agreement between atx&o LLC, a Texas limited liability company (“Company” or “We”) and you (“You”), and govern your use of the website www.atxando.com (the “Site” and/or events associated with such website (collectively “atx&o” or the “Service”) and the services and events associated therewith, whether your use of atx&o is as Guest, Vendor, Sponsor or Venue.
2. Description of the Service
atx&o is a collaborative online platform for Vendors, Sponsors, Guests and Venues. atx&o’s role is solely to facilitate the availability of Events. Similarly, atx&o is not a contracting agent or representative of any Vendor. Instead, atx&o’s role is solely to facilitate the availability of the Venue and Vendors for Guests and to provide services related thereto. atx&o cannot and does not control the quality of goods and services provided by the Vendors or Venue.
3. Guest Conduct
4. Cancellation of Reservation
If a Reservation is cancelled by a Guest, the Guest shall not be entitled to any return, credit, or reimbursement. The Company reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Guest. atx&o shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of cancelation of a Reservation of an Event.
To enjoy the Service in any capacity you must be over the age of twenty-one. By registering, you affirm that you are twenty-one years of age or older. We reserve the right to request proof of age from anyone using the Service at any time to verify that minors under the age of twenty-one are not using the Service. In the event that it comes to our knowledge that a person under the age of twenty-one is using the Service, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any personal information with regard to such User.
6. Compliance with Law
All Users agree to comply with all applicable laws, statutes, regulations and ordinances (collectively “Laws”), and further agree not to use the Service for any illegal, unlawful or unauthorized purpose. In connection with the foregoing agreements, as a Vendors, Partners, Guests or Venues, such applicable Laws may include provisions relating to or restricting the operation of dining or food establishments and/ or the service of alcohol. The Service is not intended to permit Vendors or Venues to operate food establishments when not permitted.
7. Use Restrictions
You agree that neither you nor anyone on your behalf will at any time: • Use the Service in connection with any form of spam, unsolicited mail, or similar conduct; • Allow access to your Eventbrite account to anyone other than yourself, including, without limitation, any persons under the age of twenty-one. You accept full responsibility for any unauthorized use of the Service on your behalf, including by minors; • Use the Service for any purpose, whether personal or commercial, other than the intended use; • Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users, whether manually or automatically; • Post, publish, or otherwise make available through the Service any content or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; • Provide false, inaccurate, or misleading information to the Service; • Transmit, distribute, display, or otherwise make available through the Service any content that may infringe third party rights, including Intellectual Property rights and privacy rights; • Interfere with or disrupt the operation of the Service, including but not limited to taking any action that imposes, or may impose an unreasonable or disproportionately large load on our platform infrastructure; • Bypass any measures we may use to prevent or restrict access to the Service; • Copy, distribute, sublicense, make available, modify, alter, adapt, make, translate, reverse engineer, decompile, or disassemble any portion of the Service in any way; or • As a Vendor, Sponsor or Venue, submit any Event with false or misleading information, including but not limited to false or misleading price information.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us via the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of atx&o and you hereby irrevocably assign to atx&o and agree to irrevocably assign to atx&o all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
A portion of Event ticket sales will be donated to Hops and Heroes Comics for College Scholarship Fund. Sponsors and partners may make in-kind donations towards Hops and Heroes Comics for College Scholarship Fund.
10. Intellectual Property Rights
You acknowledge and agree that the “Intellectual Property” (as defined below) of atx&o remains the sole property of atx&o, and that no right of use, license, or interest in such property is created by these Terms or by your use of the Service except to the extent such rights of use are specifically stated in these terms. You further agree that you will not remove or delete any copyright or trademark notices, restrictions, and signs indicating proprietary rights of the Service contained in or accompanying the content included in the Service, and that you will abide by all applicable laws in this respect. For purposes of this Agreement, “Intellectual Property” means all inventions, patents, patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, algorithms, technical data, other data, interfaces, interactive features, and software whether in source or object code, related to the Service, other than User Content. atx&o may photograph and/or record Guests engaging in an Event, and any such image, recording or video (collectively “Recording”) will be owned exclusively by atx&o and the Vendor photographers and videographers. You agree that to the extent that your name, likeness, biography and/or voice appears in any such Recording, you grant to atx&o an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.
11. User Content
atx&o allows you to upload, post, publish, and make available your own copyrightable materials such as text, images, photos, and videos to your own social media account(s) (User Content).. You represent and warrant that you are the rightful owner of the User Content you upload or that you have and will continue to have all the necessary licenses, rights, and consents that are required to use, and enable atx&o to use, the User Content you upload and that such User Content does not infringe any third party's copyright or other rights. When you upload, post, publish, or make available any User Content, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty free, transferable, assignable, sub-licensable, and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public, and perform that User Content.
12. Third Party Websites
The Site and Service may contain links to third-party websites or resources. You acknowledge and agree that atx&o is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by atx&o of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We respect your privacy and are committed to protect the information you share with us. You may have designated certain of your information as public when you register for the Service, and your information may be shared with Vendors and Venues and vice versa in order to facilitate the Service. In addition, atx&o may disclose any of your information if we believe in good faith that it is reasonably necessary: a) to respond to subpoena, government request, or other applicable law, regulation, or legal process; b) to respond to claims asserted against atx&o, c) to enforce or administer our agreements with users, such as these Terms, d) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or e) to protect the rights, property or safety of atx&o, its users, or members of the public. Except for the foregoing limited circumstances, we will not share your personal information with other Users or other third parties.
If you use the service of a Vendor or Venue or provide a service to any Guest who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you should immediately report such person to atx&o, and as appropriate you may also report such person to appropriate authorities. atx&o reserves the right, at any time and without prior notice, to remove or disable access to any User Content that atx&o, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or the Service. Venues, Sponsors, Vendors and Guests agree to cooperate with and assist atx&o in good faith, and to provide atx&o with such information and take such actions as may be reasonably requested by atx&o, in connection with any complaints or claims made by Users relating to Events or any personal or other property located at an Event location or with respect to any investigation undertaken by atx&o or a representative of atx&o regarding use or abuse of the Site or the Services.
15. Disclaimer and Exclusion of Warranties
The Company has no control over the conduct of any Guest, Vendor, Musician, Sponsor or Venue, and disclaims all liability in this regard; participating in Events is entirely at the risk of all Users. We do not accept any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with your use of the Service or your participation in any Event. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: A) WARRANTIES REGARDING THE QUALITY OF AN EVENT; B) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TRUTHFULNESS FO ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICE; C) WARRANTIES OF TITLE OR NON-INFRINGEMENT; OR D) IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
16. Exclusion of Damages; Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICE OR ANY EVENT, OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE AMOUNT PAID TO THE COMPANY BY THE INDIVIDUAL ASSERTING LIABILITY OF THE COMPANY.
17. Changes to the Service
THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE, AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, INCLUDING BUT NOT LIMITED TO: A) CHANGES IN PRICING STRUCTURE; B) IMPLEMENTING CHARGES FOR ASPECTS OF THE SERVICE FOR WHICH THE COMPANY DID NOT PREVIOUSLY IMPOSE A CHARGE; AND C) DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES; IN EACH CASE WITHOUT NOTICE TO YOU.
18. Amendments to these Terms
The Company may change these Terms from time to time in its sole discretion. Such amendments may take effect immediately upon placement of the updated Terms on the atx&o website or at such other time as determined by the Company in its sole discretion. You hereby agree and acknowledge to accept and to be bound by any of the changes made in the Terms; your continued use of the Service after such changes will constitute your acceptance to the new Terms.
19. Service Termination
The Company may at any time, at its sole discretion and without notice, cease the operation of the Service or any part thereof, temporarily, or permanently. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of operation of the Service and loss of any data, including User Content, as a result, as long as your pending Reservation is handled properly.
20. Other Representations and Warranties
You hereby represent and warrant as follows: a) You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use atx&o in accordance with these Terms, and to fully perform your obligations hereunder; and b) your agreement to these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order, or judgment to which you are subject.
21. Governing Law and Jurisdiction
These terms and conditions shall be interpreted under the laws of the State of Texas without regard to the conflict of law rules of any state. Any dispute arising out of or related to your use of atx&o will be subject to the exclusive jurisdiction of the state courts of Travis County, Texas, and the federal court for the Western District of Texas, Austin Division. You hereby irrevocably consent to such personal jurisdiction and waive all objections thereto.
You agree to release, defend, indemnify, and hold atx&o and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site or the Service or your violation of these Terms; (b) your User Content; and (c) your (i) interaction with any Member, (ii) booking of an Event, (iii) creation of an Event, (iv) the use, condition or rental of an Event by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Event, or (v) injuries, damages or other claims to any persons present at an Event.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severed from these Terms and will not affect the validity and enforceability of all remaining provisions, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter hereof and supersede any and all prior or contemporaneous discussions, understandings, representations, and agreements, whether written or oral, with regard to the subject matter hereof.