These Terms of Use shall apply to (a) all websites owned and/or operated by Active Network, LLC, including without limitation the website on which these Terms of Use are posted and Active’s subsidiary and/or affiliate entities whether or not referred to directly as Active or Active Network, LLC (collectively, “Active”), as well as mobile versionst thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (the “Services”). By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, Active’s Privacy Policy located at: http://www.activenetwork.com/information/privacy-policy (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. Active and any and all entities that control, are controlled by, or are affiliated or under common control with Active, are collectively referred to herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence.
Active may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. If we make any material changes to these Terms of Use, we will endeavor to notify you in advance of such change, by highlighting the change on the Sites or by sending an email to you at the email address that you have registered with us. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.
To the extent that there is a conflict between these Terms of Use and the Additional Terms for an event, camp, license, class, ticket, contest, permit, facility/equipment reservation, transaction, sale, membership, reservation, donation, and/or activity for which you are using the Site to register or purchase (each, an “Event”), the Additional Terms of use shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms of Use, including any indemnification obligations, warranties, and limitations of liability.
By using or attempting to use the Site, you certify that (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, your parent has consented to your use of the Site via our consent mechanism as provided to your parent, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. You also certify that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the Site immediately.
Registration.
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Active and select a password and screen name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Active in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Active, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Active has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Active has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion.
Registration data and certain other information about you are subject to the Privacy Policy. Through your use of the Site and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by Active and its affiliates.
We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at support@active.com. In the event of any dispute between two or more parties as to account ownership, you agree that Active will be the sole arbiter of such dispute in its sole discretion and that Active’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Active hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your personal, non-commercial use, and to search for, view, register for, and interact with, Events that are listed on the Site, provided that you comply with these Terms of Use, and solely to the extent permitted under all applicable laws and regulations.
Code of Conduct. In connection with User Content (as defined in Section 6 below) and your use of the Site, you agree that you will not, nor permit
