Terms
Last revised 06-21-2022
Welcome to Bomond, a ticket-selling website and social utility. The Bomond service and network (collectively, "Bomond" or "the Service") are operated by Bomond, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.bomond.com or the mobile version thereof (together the "Site") you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Bomond. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
User Conduct
You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Bomond does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Bomond website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send us a written notification of such infringement.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Terms of Sale
All ticket sales are electronic, to be scanned for admission or picked up at will call at venue where the event will take place, unless otherwise noted. Tickets will not be mailed to you. A service fee is applied to each ticket sold, see exact event details for more information. All ticket sales are final and non-refundable unless the event is canceled entirely (not postponed or rescheduled).
Refundable Wording
We provide refunds if and when…
You cannot Attend your Purchased Event due to any of the reasons below and have provided the evidence requested below. Please read the General Conditions of Refunds.
- Illness / Injury
- Pre-existing Medical Condition
- Pregnancy Complication
- Death of Immediate Family
- Public Transport Failure
- Flight disruption
- Mechanical Breakdown
- Adverse Weather
- Home Emergency
- Theft of Documents
- Workplace Redundancy
- Jury Service
- Court Summons
- Armed Forces & Emergency Services Recall
- Relocated for Work
- Changes to Examination Dates
If the event you have purchased tickets for is canceled or postponed by the organizer, you should contact our Customer Service team directly via the refunds form - HELP PAGE FORM / REFUNDS.
We may consider other Emergency Circumstances at our discretion.
You must read the General Conditions of Refund, and the individual reasons section below, for full information on what we will and will not refund for each reason.
General Conditions of Refund
- We do not refund for any reason associated with a communicable disease pandemic or epidemic, including Covid-19.
- Any reason for a refund must not be foreseeable at the time you made the purchase.
- If the event you have purchased tickets for is canceled (not postponed or rescheduled), please contact the Customer Service team directly for further advice about your Refund HELP PAGE FORM / REFUNDS.
- We do not refund if You made Your Purchase by mistake, or it is no longer wanted or needed.
- You must make all arrangements to Attend the Booking, including arranging any necessary travel or documents and allowing suitable travel time.
- We may ask for any reasonable additional evidence required to support your application, which may include proof of eligibility and intent to Attend.
- You will be asked to provide supporting evidence at Your own expense, and a copy of the purchase confirmation.
- The maximum refund value per refund will not exceed the total face value of the tickets.
Requesting a Refund
To apply for a Refund, simply fill out the refund form at our help page HELP PAGE FORM / REFUNDS.
The application must be completed up to 60 days after the purchase.
|
Illness / Injury |
means an Illness or accidental Injury to a person who purchased tickets or an Immediate Relative. |
|
What we do not refund |
Where you cannot provide evidence that the person affected is within the Group due to Attend the Event. Telephone or online consultations. Where You have not been physically examined by a Doctor prior to the date of the Event. Unpredictable conditions and the event is more than two months in the future. |
|
Evidence required |
Doctor’s note or Medical Certificate confirming:
|
Pre-existing Medical Condition | means a physical or mental health condition that You already had when You made the purchase that would not normally prevent You from Attending. |
What we do not refund | Where guidelines for Your pre-existing medical condition would normally prevent You from Attending the Event. Telephone or online consultations. Unpredictable conditions and the event is more than two months in the future. Pre-existing medical conditions of Immediate Relatives. |
Evidence required | Doctor’s note or Medical Certificate confirming:
|
Pregnancy Complication | means a complication of pregnancy You were unaware of when purchasing and which means You cannot Attend the event. |
What we do not refund | Normal Pregnancy |
Evidence required | Doctor’s note or Medical Certificate confirming:
|
Death | means death any time prior to the event or the death of an Immediate Family member or any person(s) in the Group due to Attend the event, up to 35 days prior to the date of the purchased event. |
What we do not refund | Where you cannot provide evidence that the person was within Your Immediate Family or in the Group due to Attend the Event. |
Evidence required | A death certificate. Proof of relationship. |
Public Transport Failure | means unexpected disruption or failure of the public bus, train, tram or ferry network which is not foreseeable before the date of the event. |
What we do not refund | If there is a financial failure of any Transport provider. Heavy traffic or road closures. |
Evidence required | Confirmation of failure or disruption of the public transport. (This can normally be obtained from the transport company’s website) |
Flight disruption | means cancellation or significant delay of flight(s) which You were unaware of before the date of the event, that prevents You from Attending Your event. |
What we do not refund | If Your flight is canceled or postponed, your refund will not be paid through this service, contact Customer Services. If You were aware of the disruption prior to the date of the event and did not make reasonable suitable alternative travel arrangements. If there is a financial failure of any Transport provider. If the purpose or reason for which You booked Your flight to Attend has altered or been canceled. If You have not allowed sufficient time between flights. If You have only secured a standby position for the flight. |
Evidence required | A copy of Your airline ticket and notice of cancellation or disruption from the airline. |
Mechanical Breakdown | means in the 24 hours prior to the event, the mechanical breakdown, accident, fire or theft of a vehicle taking You to the event. |
What we do not refund | If You did not leave sufficient time to travel to the event. If You did not make reasonable alternative arrangements to Attend the event. Any vehicle You plan to use during for the event. |
Evidence required | Breakdown – A copy of the call-out note from a national breakdown recovery service. An incident number or report from the Police or relevant traffic authority. |
Adverse Weather | means weather where a Government Agency has issued warnings not to travel which mean You cannot Attend. |
What we do not refund | Adverse weather with no Government Agency warnings not to travel. |
Evidence required | A copy of the travel warning from the Government Agency. Confirmation of relevant route closures. |
Home Emergency | means a Burglary, Fire, Malicious Damage or Flood at Your main private residence within 48 hours immediately before the Event. |
What we do not refund | Any Home Emergency for which You cannot provide evidence as below. |
Evidence required | Burglary, Flood, Malicious Damage – A Police reference number or evidence from the submission of a claim to Your home insurance company. Fire – A report from the fire service and/or police. |
Theft of Document(s) | means the theft of a document necessary for attending the event, which cannot be replaced in time for the event. |
What we do not refund | If the documents can be replaced in advance of the event or on the day. Lost documents. |
Evidence required | A police report or crime number to confirm the theft dated within 24 hours of the theft taking place. (Self-declaration not accepted) An email from the agent confirming they are unable to replace/re-issue the tickets. |
Relocated for Work | means a requirement to move address imposed on You by Your current employer, unknown to You at the date of purchase. The move may be temporary or permanent and must be to a location that makes the travel requirement to your event unreasonable. |
What we do not refund | Attendance at business meetings and business travel. Any temporary relocation for work must be for a period of at least 3 months. Voluntary relocation or where you are changing employer for a new role. Where You are the business owner or registered Director, or a member of Your family is. |
Evidence required | A letter from Your current employer confirming the relocation details. Evidence of living at the new address. |
Workplace Redundancy | means You are unexpectedly made compulsorily redundant by Your employer with whom You have been permanently employed full time for a period of at least 2 years. |
What we do not refund | Where the redundancy was voluntary. Where You are dismissed from employment. Where You are the business owner or registered Director, or a member of Your family is. |
Evidence required | A letter of compulsory redundancy from Your employer. Evidence that You have been in this employment for over two years. |
Armed Forces & Emergency Services Recall | means You as a member of the Armed Forces, Reserve Armed Forces or Emergency Services are recalled to work on the date of the event or are posted overseas and cannot attend the event. |
What we do not refund | You were aware of or had scheduled work on the date of the event, prior to making the purchase. You made an unsuccessful request for annual leave for the date of the event. |
Evidence required | A note from Your Commanding Officer or Line Manager to confirm being called into work or duty and that this was not Your original schedule. |
Jury Service | means a summons for You to Attend Jury Service over the date of the event of which You were unaware at the time of making the purchase. |
What we do not refund | Any Jury Service for which You cannot provide evidence as below. |
Evidence required | A copy of the letter requiring Jury Service. |
Court Summons | means You are summoned to appear as a witness in court proceedings on the day of the event of which You were unaware of the time of making the purchase. |
What we do not refund | Any Court Summons in which You are not there as a witness, including civil and criminal cases where you are involved in the case yourself as the plaintiff or defendant. |
Evidence required | A copy of the Court Summons. |
Changes to Examination Dates | means the unforeseen change of the date of an examination that You are already registered to the day(s) of the event. |
What we do not refund | If You failed the examination previously and had to re-sit. Where the examination is being provided by a commercial business (not by an educational board). |
Evidence required | A copy of a notice from the examination body, school, college, or university confirming the change of date. |
Emergency Circumstances | means an unforeseen circumstance completely outside Your control and of no fault of Yours and completely prevents you from Attending the event. The decision to refund is entirely at the discretion of our Customer Service Team. We will consider these circumstances and have no obligation whatsoever to provide a refund. |
What we do not refund | Anything that our Customer Service Team considers is not intended to be included in this list of valid reasons for refund. Any change to your work schedule (other than the specific situations listed under Work Relocation or Emergency Services Recall sections of these terms). |
Evidence required | Any evidence requested by our Customer Experience Team to verify the emergency circumstances. |
Specific reasons why refunds will not be provided:
We do not refund for non-attendance of an event directly or indirectly associated with:
- actual or perceived: wildfires, volcano eruption, tsunami, earthquake; war, hostilities, terrorism, civil commotion; strikes and industrial action; imprisonment, repatriation, deportation; poisonous biological materials, radioactivity; Cyber Incident or Cyber Act; state property seizure;
- naturalization, visa, in-vitro fertilization or other appointments;
- failing to comply with any law;
- any purchase emanating from Cuba, Iran, North Korea, Russia, Sudan or Syria; where exposed to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
- if it exceeds 18 months from the date originally booked to the conclusion of the transacted event.
Definitions
The following words or phrases have the meaning shown below wherever they appear in bold in this document.
We/Us/Our – We are the ticketing agent with whom You made the purchase.
You/Your/Yourself – A person who has made a purchase alone or as part of a group with Us.
Provider – the company or organization that is responsible for the running of the event.
Armed Forces – Naval Service, Marines, Army or Air Force.
Attend – participate in, take part in, use, or be present at.
Event – The pre-planned and pre-booked service(s)/event(s)/flight(s)/ticket(s) transacted with Us by You.
Communicable Disease – any disease capable of being transmitted from an infected person or species to a susceptible host, either directly or indirectly, that has caused quarantines or restriction of movement of people.
Doctor – A qualified medical practitioner registered and licensed with a recognized professional body. A doctor cannot be You or a member of Your family.
Emergency Services – Police, Fire and Rescue Service or other Emergency Services.
Immediate family – Your husband, wife, partner, civil partner, parent, child, brother, sister, grandmother or grandfather, or stepfamily.
Immediate household – persons living together at the same permanent address.
Provider – the company or organization that is responsible for the running of the Event.
Paying Party – Any organization or body that has a legal liability to pay compensation for the failure of the service, against whom You have a right of refund.
IMPORTANT
Any translation of this document from English is for assistance and information only. In event of a Refund Application, the English language version shall be the basis of settlement.
These reasons for a refund are considered on an entirely discretionary basis and are not to be taken as a guarantee of refund.
This is not an insurance policy. A Refundable Ticket is an optional extension to Our standard Terms & Conditions of sale and trade, and it provides a refund for certain defined circumstances outlined in this document.
User Disputes
You are solely responsible for your interactions with other Bomond users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Bomond, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Application and/or prohibit you from using or accessing the Service or the Site or any Application for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Illinois.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.