Terms of Use

A)    ACCEPTANCE OF TERMS
PawnTicketList, its associates, and affiliates, provide an assortment of online resources pertaining to pawn tickets, pawn shops and affiliated programs not limited or pertaining to goods and services of trading all other goods ("Our Service") are subject to the following Terms of Use ("TOU"). By using Our Service in any way, you are agreeing to comply with the TOU. In addition, when using PawnTicketList services, you agree to abide by any applicable posted guidelines for all PawnTicketList services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with PawnTicketList in any way, your only recourse is to immediately discontinue use of PawnTicketList. PawnTicketList has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
    
B)    MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions at http://www.pawnticketlist.com/terms-use, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: feedback@pawnticketlist.com.
    
C)    CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from our Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via our Service. You understand that PawnTicketList does not control, and is not responsible for Content made available through our Service, and that by using our Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the PawnTicketList site and Content available through our Service may contain links to other websites, which are completely independent of PawnTicketList. PawnTicketList makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PawnTicketList be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via our Service. You acknowledge that PawnTicketList does not pre-screen or approve Content, but that PawnTicketList shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via our Service, for violating the letter or spirit of the TOU or for any other reason.
    
D)    INTELLECTUAL PROPERTY RIGHTS AND NOTICES
All contents of the PawnTicketList's Website and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2011 PawnTicketList.com, and or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of PawnTicketList and or it suppliers, affiliates, or licensors. All rights reserved. PawnTicketlist, PawnTicketList.com, and the PawnTicketList logo are including without limitation, either trademarks, service marks or registered trademarks of PawnTicketList, and may not be copied, imitated, or used, in whole or in part, without PawnTicketList’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. PawnTicketList may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
    
E)    THIRD PARTY CONTENT, SITES, AND SERVICES
The PawnTicketList site and Content available through our Service may contain features and other functions that may link you or provide you with access to third party content which is completely independent of PawnTicketList, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and or individuals found on or through our Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that PawnTicketList shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PawnTicketList is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PawnTicketList, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. (If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.")
    
F)    NOTIFICATION OF CLAIMS OF INFRINGEMENT AND THEFT
If you believe that any of your belongs or personal items are wrongly being posted from another individual then please report the abuse to us and your local police department. If you have enough evidence to prove your case please ensure the proper authorities are informed.

abuse@PawnTicketList.com

Please provide our Agent with the following Notice:
1.    Identify the material on the PawnTicketList site that you claim is infringing or stolen, with enough detail so that we may locate it on the website;
2.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3.    A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner, (3) you must be 100% positive that you and all legal authorities agree that your personal belong(s) are in fact stolen or lost;
4.    Your address, telephone number, and email address; and
5.    Your physical or electronic signature.
    PawnTicketList will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millennium Copyright Act (DMCA).
    
G)    PRIVACY AND INFORMATION DISCLOSURE
PawnTicketList has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.PawnTicketList.com/our-privacy-policy

Your use of the PawnTicketList website or our Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that PawnTicketList may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of PawnTicketList, its users or the general public.
    
H)    CONDUCT
You agree not to post, email, or otherwise make available Content:
1.    that impersonates any person or entity, including, but not limited to, a PawnTicketList employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
2.    that violates discrimination, in any notice or ad, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
3.    that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
4.    that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
5.    that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
6.    that is false, deceptive, misleading, deceitful, misinformation, or constitutes "bait and switch";
7.    that includes personal or identifying information about another person without that person's explicit consent;
8.    that constitutes or contains any form of advertising or solicitation if: posted in areas of the PawnTicketList sites which are not designated for such purposes; or emailed to PawnTicketList users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
9.    that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
10.    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;
11.    that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
12.    that includes links to commercial services or web sites, except as allowed in "services";
13.    that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to our Service, or that otherwise negatively affects other users' ability to use our Service; or
14.    that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through our Service.
15.    contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
16.    "stalk" or otherwise harass anyone;
17.    collect personal data about other users for commercial or unlawful purposes;
18.    post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
19.    use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Service - unless expressly permitted by PawnTicketList;
20.    attempt to gain unauthorized access to PawnTicketList's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our Service or the PawnTicketList website;
21.    use any form of automated device or computer program that enables the submission of postings on PawnTicketList without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
    
I)    POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to our Service on behalf of others. To moderate demands on PawnTicketList's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from PawnTicketList. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from PawnTicketList.
    
J)    RESTRICTIONS AND LIMITATIONS ON SERVICE
You acknowledge that PawnTicketList may establish limits concerning use of our Service, including the maximum number of days that Content will be retained by our Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by our Service, and the frequency with which you may access our Service. You agree that PawnTicketList has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by our Service. You acknowledge that PawnTicketList reserves the right at any time to modify or discontinue our Service (or any part thereof) with or without notice, and that PawnTicketList shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.
    
K)    PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to Our Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
    
L)    NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to PawnTicketList email addresses or through PawnTicketList computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Texas. Any unauthorized use of PawnTicketList computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.
    
M)    PERMISSION AND ACCESS TO OUR SERVICE
PawnTicketList grants you a limited, revocable, nonexclusive license to access our Service for your own personal use. This license does not include: (a) access to our Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of our Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by PawnTicketList. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to our Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our files. "General purpose internet search engine" do not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings which is in the business of providing classified ad listing services.

PawnTicketList permits and allows you to display on your website, or create a hyperlink on your website to, individual postings on our Service so long as such use is for noncommercial and or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by PawnTicketList to do so. You may also create a hyperlink to the home page of PawnTicketList sites so long as the link does not portray PawnTicketList, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of our Service beyond the scope of authorized access granted to you by PawnTicketList immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of our Service or any Content made available via our Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from PawnTicketList.
    
N)    CANCELLATION AND TERMINATION OF SERVICE
You agree that PawnTicketList, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise cancel or terminate your access to or use of our Service (or any part thereof), immediately and without notice, and remove and discard any Content within our Service, for any reason, including, without limitation, if PawnTicketList believes that you have acted inconsistently with the letter or spirit of the TOU. Furthermore, you agree that PawnTicketList shall not be liable to you or any third-party for any termination of your access to our Service. Further, you agree not to attempt to use our Service after said termination. Sections B, E, G and J-Q shall survive termination of the TOU.
    
O)    PROPRIETARY RIGHTS
Our Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through our Service is protected by copyright as a collective work and or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of PawnTicketList. You further agree not to reproduce, duplicate or copy Content from our Service without the express written consent of PawnTicketList, and agree to abide by any and all copyright notices displayed on our Service. You may not disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Service. PawnTicketList is a pending mark in the U.S. Patent and Trademark Office.

Although PawnTicketList does not claim ownership of content that its users post, by posting Content to any public area of our Service, you automatically grant, and you represent and warrant that you have the right to grant, to PawnTicketList an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of our Service, you automatically grant PawnTicketList all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on our Service by any party for any purpose.
    
P)    DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE PAWNTICKETLIST SITE AND OUR SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PAWNTICKETLIST SITE AND OUR SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PAWNTICKETLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PAWNTICKETLIST SITE AND OUR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PAWNTICKETLIST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PAWNTICKETLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PAWNTICKETLIST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PAWNTICKETLIST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PAWNTICKETLIST SITE OR OUR SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
    
Q)    LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PAWNTICKETLIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PAWNTICKETLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PAWNTICKETLIST SITE OR OUR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PAWNTICKETLIST SITE OR OUR SERVICE, FROM INABILITY TO USE THE PAWNTICKETLIST SITE OR OUR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PAWNTICKETLIST SITE OR OUR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PAWNTICKETLIST SITE OR OUR SERVICE OR ANY LINKS ON THE PAWNTICKETLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PAWNTICKETLIST SITE OR OUR SERVICE OR ANY LINKS ON THE PAWNTICKETLIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
    
R)    INDEMNITY
You agree to indemnify and hold PawnTicketList, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through our Service, your use of our Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
    
S)    GENERAL INFORMATION
The TOU constitute the entire agreement between you and PawnTicketList and govern your use of our Service, ceding any prior agreements between you and PawnTicketList. The TOU and the relationship between you and PawnTicketList shall be overned by the laws of the State of Texas and the United States Government, without regard to its conflict of law provisions. You and PawnTicketList agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Antonio, Texas. The failure of PawnTicketList to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    
T)    VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by emailing to: abuse@PawnTicketList.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for PawnTicketList to pursue legal action to enforce these Terms, you will be liable to pay PawnTicketList for liquidated damages, which you accept as reasonable estimates of PawnTicketList damages for the specified breaches of the TOU.

Otherwise, you agree to pay PawnTicketList's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, PawnTicketList retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
    
U)    FEEDBACK
We welcome your questions and comments on this document in the PawnTicketList feedback email: feedback@PawnTicketList.com
    
V)    REITERATION OF THE TOU AGREEMENT
You here by agree to all terms stated within this document and any changes made to this document in the future. This is a legal binding agreement to all who use Our Service.

 

7-17-11