6.1 Digital Millennium Copyright Act

All Users who submit content to our Site must comply with applicable copyright laws. If we receive proper notice of copyright infringement, as set out in Section 6.2, we will remove or disable access to the allegedly infringing content. If we remove or disable access to any content in response to a notice of copyright infringement, we will attempt to contact the User that submitted such content so that they may make a counter notification refuting the notice of copyright infringement.

6.2 Notice of Alleged Infringement

If you are a copyright owner or an agent of a copyright owner and believe any content on our Site infringes upon your or a copyright owner’s copyrights, you may, pursuant to the Digital Millennium Copyright Act (“DMCA”), submit a written notification, using the Contact Information below, with the following information:

1. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content;
2. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
3. The following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
4. The following statement: “I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
5. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent a claim of copyright infringement.

6.3 Counter-Notification

The User who submitted content that is subject to a notice of copyright infringement may submit a counter-notification, using the Contact Information below, with the following information:

1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
2. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
3. One of the following statements:
   If you are in the United States: “I consent to the jurisdiction of the Federal District Court for the [insert the federal judicial district in which your address is located].”
   If you are outside the United States: “I consent to the jurisdiction of the Federal District Court for the Western District of Washington.”;
4. The following statement: “I will accept service of process from the person who provided the notice of copyright infringement or his/her agent”;
5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the challenged content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
6. Your signature, in physical or electronic form.

Upon our receipt of the counter-notification, we will promptly provide the person who provided the notice of copyright infringement with a copy of the counter-notification. We will replace the removed content or cease disabling access to it not less than 10 business days following receipt of the counter-notification, unless our Designated Agent first receives notice from the person who submitted the notice of copyright infringement that such person has filed a lawsuit seeking a court order to restrain the posting of the allegedly infringing content on our system.

6.4 Designated Agent

Notice of copyright infringement and counter notice should be provided to our designated agent:

Rob Crocker
E-mail: rob@noisycreek.com
Address: 1101 East Pike Street, Suite 300, Seattle, Washington 98122
Phone Number: 206-323-7101

6.5 Repeat Infringers

We reserve the right to disable content, remove content, and refuse future content submissions from Users who are repeat infringers.

7.1 Applicability

In connection with your use of the Site, you may be able to post, upload, or submit content to be made available on the Site and viewable by other users (“Submitted Content”). These content standards apply to all Submitted Content and all Submitted Content must comply with these standards in its entirety.

7.2 Prohibited Content

Submitted Content must not:

1. Be false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
2. Constitute, encourage, promote, or provide instructions for an illegal activity or a criminal offense; give rise to civil liability; violate the rights of any party in any country of the world; or otherwise create liability or violate any local, national, or international law or regulation or the rules of any securities exchange;
3. Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
4. Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party—in particular, content that is, or that promotes, an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated music or links to pirated music files;
5. Constitute mass mailings or “spamming”, “junk mail”, “chain letters”, or “pyramid schemes”;
6. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including us;
7. Include private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
8. Contain restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
9. Include or be intended to facilitate viruses, corrupted data, or other harmful, disruptive, or destructive files.

7.3 License

In order to operate the Site, we must obtain from you certain license rights in the Submitted Content so that actions we take in operating the Site are not considered legal violations. Accordingly, by providing your Submitted Content to the Site, you grant us a license to access, store, transmit, use, reproduce, create derivative works of, distribute, publicly perform, display, reformat, incorporate into advertisements and other works, promote, archive, and modify your Submitted Content in our sole discretion and for any purpose, in any and all media now or hereafter known. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, assignable, perpetual, worldwide, and irrevocable, and include a right for us to make your Submitted Content available to, and pass these rights along to, others with whom we have contractual relationships related to the operation of the Site, and to otherwise permit access to or disclose your Submitted Content to third parties, at our sole discretion. As part of the foregoing license grant, you agree that other users of the Site may have the right to comment on or tag your Submitted Content.

7.4 Your Responsibility

You are solely responsible for ensuring that your Submitted Content complies with these standards. By submitting content to us, you represent and warrant that your Submitted Content meets all of the requirements set out in these Terms and that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for your Submitted Content, including the written permission of every identifiable person in your Submitted Content to use that person’s name and likeness. You may expose yourself to liability if, for example, your Submitted Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or otherwise violates these Terms.

7.5 Our Discretion

To the fullest extent permitted by applicable law, we reserve the right, and have absolute discretion, to remove, screen, edit, omit, modify, or delete any of your Submitted Content at any time, for any reason, and without notice, and you agree that we have no obligation to make available any of your Submitted Content.

8.1 Our Rights

We reserve the right, but are not obligated, to:

1. Review, screen, or monitor any Submitted Content for compliance with these Terms or applicable law;
2. Reject, remove, or disable access to any Submitted Content at any time and for any reason, in our sole discretion, including if we believe that the content violates these Terms or any applicable law;
3. Suspend or terminate your ability to submit content for any violation of these Terms, including any violation of the Content Standards set out in Section 7; and
4. Disclose your identity or other information about you to any third party who asserts that your Submitted Content violates their rights, or to any law enforcement authority, in each case as we deem appropriate.

8.2 No Obligation to Monitor

We do not undertake to review all Submitted Content before it is made available. We are not responsible for any failure to remove, or delay in removing, content that violates these Terms. We have no liability to any person for any action or inaction with respect to any Submitted Content.

8.3 Cooperation with Law Enforcement

We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any person submitting content to our Site. You waive, and hold harmless Noisy Creek from, any claims arising from any action taken by Noisy Creek during or as a consequence of investigations by Noisy Creek or law enforcement authorities.

9.1 Payments

All purchases or other transactions made through Bold Type Tickets are processed by a third-party payment processor. We do not collect, store, or process payment card information. Your use of third-party payment processor’s services to process any payments is governed exclusively by the terms, conditions, and privacy policies of the third-party payment processor, which you are responsible for reviewing and accepting. We are not responsible for or liable for their security or practices.

9.2 Third-Party Links

Our Site may contain links to Third-Party Content. We do not own, operate, control, or monitor such Third-Party Content and are not responsible or liable for their availability, accuracy, content, security, or practices. Your access and use of any Third-Party Content is entirely at your own risk and is governed exclusively by the terms, conditions and privacy policies of the applicable third party, which you are responsible for reviewing and accepting.

11.1 Reliance on Information

The information presented on our Site is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility to you or any third party for any reliance placed on such information.

11.2 Statements and Opinions

Our Site includes content submitted by third parties. All statements and opinions expressed in the respective content are solely the opinions and the responsibility of the persons and entities providing such content. We disclaim all liability and responsibility to you or any third party for any content provided by any third party.

11.3 General

YOUR USE OF OUR SITE IS AT YOUR OWN RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (A) THAT YOUR ACCESS TO OUR SITE WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (B) THAT OUR SITE WILL BE FREE OF VIRUSES AND MALWARE; (C) THAT THE INFORMATION OBTAINED ON OR THROUGH OUR SITE WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING, HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION; (E) YOUR USE OF ANY THIRD-PARTY SERVICES OR PRODUCTS, OR ANY THIRD-PARTY SITES LINKED TO FROM OUR SITE; AND (F) ANY THIRD-PARTY CONTENT.

15.1 Governing Law

These Terms and your use of our Site are governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict-of-law provisions.

15.2 Informal Resolution First

We want to address concerns without formal proceedings whenever possible. Before initiating arbitration or court proceedings, you agree to contact us at support@boldtypetickets.com and provide a brief description of the issue. We will work with you in good faith to try to resolve the matter informally.

15.3 Class Action Waiver

YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Arbitration

1. Arbitration Agreement. If we are unable to resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved through final and binding individual arbitration, rather than in court, except as described below.
2. Arbitration Procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration may be conducted remotely (such as by video conference or written submissions), unless an in-person hearing is requested by either party.
3. Arbitration Fees. Arbitration fees and costs will be governed by the AAA Consumer Arbitration Rules. We will not require you to pay arbitration fees that are higher than the filing fees you would pay to bring a claim in state or federal court.
4. Opt-Out Right. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending an email to support@boldtypetickets.com with the subject line “ARBITRATION OPT-OUT” and including your name and contact information. If you opt out of arbitration in a timely manner, any legal action arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction and venue of such courts.
5. Exceptions. Either party may bring an individual claim in small claims court, if eligible. In addition, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

15.5 Limitation of Time to File Claims

ANY CLAIM YOU MAY HAVE RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF SUCH CLAIM ARISES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.