Terms And Conditions


(Venues & Talent)

Terms and Conditions.v2 (00385287-2).DOCX

User Agreement, Terms of Service and Privacy Policy

This User Agreement, Terms of Service and Privacy Policy Agreement (the “Agreement”) sets forth the following terms and conditions (the “Terms”) which govern the provision by Storm the Stage, LLC, an Illinois limited liability company (“Company”) of the venue matching services (the “Services”) provided by the Company’s website (the “Site”) to the performing artists (the “Talent”) and venue (the “Venue”, together with the Talent, the “Customers”) that subscribe to or otherwise use the Services.  The Company, the Talent and the Venue are collectively referred to herein as the Parties.  This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Site and to become a Customer.

 

1.                Obligations of the Company .  The Company shall take commercially reasonable efforts to provide a platform for its Customers to fill (in the case of the Venue) or find (in the case of the Talent) Booking Date(s) (as defined in Section 2).  Unless, agreed to in writing under a separate agreement, the Company shall have no other obligations to either the Talent or the Venue other than to provide a Booking Date platform via the Site in accordance with the term of the Agreement set forth herein.    

 

2.                Obligations, Representations and Warranties of the Talent. In the event the Talent uses the Services to secure a Venue through the use of the Site, the Talent shall be obligated to perform at such Venue in accordance with the terms of such agreements between the Talent and the Venue.  The Talent acknowledges that the Company has not investigated, vetted or otherwise determined the validity of the suitability of the dates, place, size, acoustics or any other attribute of performance (the “Booking Date(s)”) independently.  Further, the Talent represents and warrants that the Talent: (a) shall use its best efforts to cooperate fully with the Venue to fulfill its obligations with respect to the Booking Date; (b) has uploaded, described or otherwise provided a true representation of its own performances to the Site; (c) warrants posting and use of the Talent’s content by the Company will not infringe or violate the rights of any third party; (d) grants the Company a limited, royalty free license to use the Talent’s trademarks on the Site in connection with the Services in accordance with the terms set forth herein; and (e) shall not use the Services to obtain a Booking Date at a Venue for which the Talent has been banned or otherwise prohibited from appearing, performing or entering. In the event that the Talent breaches any of the representations and warranties set forth herein, the Talent may be suspended or permanently prohibited from use of the Services and/or the Site.     

 

3.                Obligations, Representations and Warranties of the Venue .   In the event the Venue uses the Services to secure Talent through the use of the Site, the Venue shall be obligated to allow the performance of such Talent in accordance with the terms of such agreements between the Venue and the Talent.  The Venue acknowledges that the Company has not investigated, vetted or otherwise determined the validity of the suitability, performance quality, popularity or any other attribute of the Talent independently.  Further the Venue represents and warrants that the Venue; (a) has the appropriate licensure and/or permissions to fulfill its obligations with respect to the Booking Date; (b) shall use its best efforts to cooperate fully with the Talent to fulfill its obligations with respect to the Booking Date; (c) has uploaded, described or otherwise provided a true representation of the Venue subject to the Booking Date to the Site; (d) warrants posting and use of the Venue’s content by the Company will not infringe or violate the rights of any third party; (e) grants to the Company a limited, royalty free license to use the Venue’s trademark on the Site in connection with the Services set forth herein.  In the event that the Talent breaches any of the representations and warranties set forth herein, the Venue may be suspended or permanently prohibited from use of the Services and/or the Site.    

 

4.                Customer Account . Your customer account is identified by your chosen user ID (your "User Name") and each Customer is the only party authorized to use such Customer’s User Name. Each Customer is responsible for maintaining the confidentiality of their registered account with the Company and any password(s) such Customer has chosen or we, the Company, may issue to a Customer in connection with access and use of the Site and the Services.  Each Customer is responsible for all uses of such Customer’s account, whether or not actually or expressly authorized by the Customer. If you believe that: (a) your account and/or password(s) have been misused or compromised in any manner; or (b) a false, misleading or inaccurate profile of the Talent or Venue, was created without your authorization, please contact us immediately.

 

5.                Payment Terms .  The Venue shall be obligated to make payments for the use of the Site and the Services in accordance with the Booking Fee Agreement by and between the Venue and the Company.

 

6.                Account Suspension or Termination .  In order to protect the integrity of the Site and enhance the Customers’ experience with the Service, the Company will take action against any of its Customers to suspend or permanently prohibit any Customer from utilizing the Service for: (a) providing misleading or fraudulent information (including but not limited to, providing reporting false violations against another Customer, bid rigging, paying for positive comment or feedback or securing a Booking Date to prevent other Talent from performing or making the Venue unavailable); (b) failing to undertake obligations to perform (in the case of the Talent); (c) failing to provide the performance location described on the Site (in the case of the Venue); (d) failing to make any payments due for the Services; (e) violating of any portion of this Agreement; (f) originating the source of any disruption (including but not limited to, uploading a virus, releasing malware or engaging in a denial of service attack) of the Site or its Services whether or not such disruption is intentional or accidental; (g) using the Site or the Services to obtain a Booking Date that the Talent is not otherwise eligible to book; (h) receiving multiple complaints with regard to the Talent or the Venue; (i) using the Service to obtain contact or other information make contact with Customers to secure (in the case of the Talent) or offer Booking Dates (in the case of the Venue) to Customers outside of the Service; (j) using the Site or the Service to engage in or facilitate any illegal activity; and/or (k) any other violation or misleading action which damages the reputation of the Company or decreases the Customer experience with the Site or the Services as determined in the sole discretion of the Company.  In the event that a Customer’s account is suspended or permanently prohibited, the Customer will receive an electronic communication from the Company detailing the violating actions(s), the required actions to cure such violations (if within the sole discretion of the Company a cure to the violation is possible) and the time period in which to cure such actions (if applicable) prior to permanent prohibition.  Notwithstanding the previous sentence, some violations or actions, in the sole discretion of the Company, will lead to immediate permanent prohibition of the Customer’s account to use the Site and the Services.  The Company is under no obligation to reconsider, appeal or otherwise change its decision with respect to any violations of policy or rules herein. 

 

7.                Limitation on Company Liability .  The Parties acknowledge that the limitations set forth in this Section 7 are integral to the amount of fees levied in connection with this Agreement, and that, were Company to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher. Company does not monitor or exercise control over the content of the information, validity of the dates, suitability of the performance locale or caliber of the performers transmitted through its Site. Use of the Services or any information that may be obtained therefrom is at the Customers’ own risk. Company shall have no responsibility or liability for the accuracy or quality of information obtained through its Services. The Company shall not be deemed to be in default of any provision of this Agreement or be liable for any delay, failure of performance, Act of God or interruption of the provision of Services to the Talent or the Venue resulting, directly or indirectly, from any (a) weather conditions, natural disasters or other acts of God, (b) action of any governmental or military authority, (c) failure caused by      telecommunication or other Internet provider, or (d) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to the Talent or the Venue arising out of or related to this Agreement shall be the refund of the fees paid by such Talent or Venues to the Company with respect to the Agreement. NO PARTIES TO THIS AGREEMENT SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES BY THE CUSTOMERS OR ANY THIRD PARTIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM ANY REASON WHATSOEVER. THE COMPANY PROVIDES THE SERVICES AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES CHOICE OF ARTIST AND/VENUE AND THE COMPANY SHALL HAVE NO LIABILITY THEREFORE. The limitations of liability provided in Section 7 of this Agreement shall inure to the benefit of the Company and all of the Company’s affiliates and to all of the respective officers, directors, attorneys, employees and agents of the Company and such other entities (“Limited Liability Parties”). The limitations of liability afforded the Company in this Agreement shall apply whether (i) the action in which recovery is sought is based in contract, tort (including, but not limited to, negligence or strict liability), statute or otherwise or (ii) a Limited Liability Party is alleged to be liable jointly with one or more parties or otherwise.

 

8.                Indemnification . In addition to other indemnification provided herein, the Talent and the Venues each agrees to indemnify and hold harmless the Company, its officers, directors, employees and agents and each of the Company affiliate (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments      (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or such Talent’ or Venues’ use of the Services and will reimburse an Indemnified Party for any and all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Losses whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

 

9.                Use of Customer’s or Company’s Name . The Company shall be permitted to use on a royalty free basis, the Customer's name and/or likeness in connection with advertising and promotional materials on the Site, and otherwise in electronic form for marketing purposes, including, but not limited to, use in connection with (a) compliance with applicable laws or regulations; and (b) the protection of any rights relating to the Company or its business. The Customer may use the Company’s name and web address in connection with the Services.  However, any use of the Company’s name on any Customer promotional materials shall only be permitted with Company's prior written consent.   The Customer’s posting of content on the Site or as part of the Service, shall automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.

 

10.             Independent Contractor Status. Nothing in this Agreement or in the course of dealing between Company and Customers pursuant hereto shall be deemed to create between Company and Customer (including their respective directors, officers, employees and agents) a partnership,         joint venture, association, employment relationship or any other relationship other than that of independent contractors with respect to each other.

 

11.             Our Email Policy .

 

a.       Email Addresses .  A Customer’s account must always have a valid, working email address so the Customer can be contacted by other Customers or the Company. If a spam filter prevents messages from reaching an account, the account is considered to have an invalid email address and may be suspended until the issue is resolved. Customers are required to take steps to ensure their account is valid and working.

 

b.      Prohibited Communications The Site is an open forum to connect the Talent and the Venue, therefore we encourage open communication between our Customers.  However, we strictly prohibit our Customers from using the Site and the Services to send spam, offers to provide Booking Dates outside of the Site, threats, profanity, hate speech or other inappropriate feedback and/or commentary. We also prohibit the exchange email addresses or links that do not directly help Customers complete a transaction on Site.

 

12.             Privacy Policy .  Our policies have been developed with the recognition that Internet technologies and underlying business models are rapidly evolving.  This Section describes your privacy rights regarding our collection, use, disclosure, retention, and protection of your personal information as of March 1, 2015.

 

a.       Where this Policy Applies .  It applies to this Site and our Services regardless where this privacy policy is referenced, regardless of how you access or use the Site or the Services, including through mobile devices. By using our Site, Services and/or registering for an account with us, you are accepting the terms of this privacy policy and this Agreement, and you are consenting to our collection, use, disclosure and retention of your personal information as described herein. If you do not provide the information we require, we may not be able to provide all our Services to you. 

 

b.      Definition of Personal Information. “Personal Information” is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that the Company has or is likely to have access to such as your name, addresses, telephone numbers, etc. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. If you give us personal information about someone else, you must do so only with their consent. You agree to inform them that we have collected their personal information and tell them how we collect, use and disclose the personal information.

 

c.       Changes to this Notice. We may amend this privacy policy at any time by using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Site of the amended terms and updating the effective date of such changes. By continuing to use the Site and our Services after we post any such changes, you accept the privacy policy as modified.

 

d.      How we use your information .  We use the Personal Information we collect to operate, improve and personalize our Site and Services, to contact you and provide you customer service, customize our advertising and marketing, and to detect, prevent and mitigate fraudulent or illegal activities. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access or correct it.  You can see, review and change most of your personal information by signing on to your account. Please update your personal information immediately if it changes or is inaccurate.  However, once you make a public posting on our Site you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible and in accordance with applicable law.  We will honor any statutory right you might have to access, modify or erase your personal information.  You can use the Contact Us to request access and find out whether any fees may apply, as permitted by law.  Where you have a legal right to request access or request the correction of information, we can still withhold that access or decline to correct information in some cases in accordance with applicable law, but will give you reasons if we do so.

 

e.       How we use Cookies. “Cookies” are pieces of information that are passed to your browser and stored on your computer's hard drive. The Company uses cookies to recognize repeat visitors and to provide additional features to make a user’s experience easier and more efficient. If you do not wish to receive cookies, you can turn them off using your browser's settings. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site.

 

f.       Links .  This Site may contain links to other web sites. We provide these links for your convenience, but we do not review, control or monitor the privacy practices of websites operated by others nor do we endorse such websites. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other web sites is subject to the terms and conditions of those web sites, including the privacy policies of those web sites.

 

g.      Law enforcement, legal proceedings, and as authorized by law . To comply with our legal requirements, enforce our policies, respond to claims that content uploaded or otherwise appearing on our Site violates the rights of others, or protect anyone's rights, property or safety to law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose the Company or a Customer to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, listing history, and anything else we deem relevant as we in our sole discretion deem necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, postcode, country, phone number, email address and Customer name to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

 

h.      Children’s Privacy .  This Site is designed for an adult audience only, and children should not use our Site or Services. We will not intentionally collect online any Personal Information (such as a child's name or e-mail address) from children under the age of 18. If you think that we have collected Personal Information from a child under the age of 18, please contact us and we will address the issue.

 

i.        Questions about this Policy .  If you have a question or a complaint about this Privacy Policy use the Contact Us form.

 

13.  Amendment s. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated herein, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Site. Continued use of the Site and the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Site and all of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.

 

14.  Notice . The Company issue notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Site. Such notices may not be received if this Agreement is violated by accessing the Site or the Services in an unauthorized manner. Each of the Talent and Venue agree that each of them are deemed to have received any and all notices that would have been delivered had the Site and the Services been accessed in an authorized manner. By continuing to use the Site and our Services after we post any such changes, you accept the privacy policy as modified.

 

15.  Governing Law .  This Agreement, and any dispute arising therefrom, shall be governed by the laws of the State of Illinois without regard to principles of conflicts of law

 

16.  Entire Agreement; Other .  This Agreement, with the privacy policy and any specific guidelines or rules that are separately posted for particular services or offers on the Site, contains the entire agreement between the Talent, the Venue and the Company regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Each of the Talent and the Venue agree that their respective online accounts is non-transferable. No agency, partnership, joint venture or employment is created as a result of this Agreement and neither the Talent or the Venue may make any representations or bind the Company in any manner

 

Terms Of Use


(Fan)

The following are the terms of use ("Terms") that govern your use of the Storm the Stage© sites and applications where this appears (collectively, the "Site"). Our Privacy Policy, Purchase Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes. The Site is not intended for children under the age of 13 and no person under the age of 13 may use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

 

Account Registration

You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

 

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Restrict or inhibit any other person from using the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site users;
  • Order a number of tickets for an event that exceeds the stated limit for that event;
  • Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
  • Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

 

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content to purchase tickets as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of the Site other than the URL assigned to the home page of our site;
  • "Frame" or "mirror" any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
  • Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
  • Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
  • Reproduce or scan tickets in a format or medium different from that provided by the Site;
  • Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
  • Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

 

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.

 

Making Purchases

Please review our Purchase Policy, which will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

 

Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site ("User Content").

By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content. You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.

Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account.

 

Claims of Copyright Infringement On The Site

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.

 

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

 

Parental Controls

We cannot prohibit minors from visiting our Site, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors.

 

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

 

Rules for Sweepstakes, Contests and Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.

 

Mobile Messaging

We offer browsing and mobile messaging services which may include alerts, Promotions and offers for products. You may choose to receive mobile alerts by signing up or participating in a Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase something from us. Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

You may opt out of any alerts by replying with the text message "STOP" or by sending the text message "STOP" to the shortcode provided. If you opt out by sending us a text message, we will send you a text to confirm your request. It may take us up to 10 days to remove your mobile device number from our database. We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.

Mobile Device Application

If you install or use our mobile application, software and services, including any accompanying documentation (collectively, "App"), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. We will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).

 

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us. You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

 

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($10) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

 

Indemnification

If anyone brings a claim against us related to your use of the Site, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

 

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Cook County, Illinois, and we both consent to the jurisdiction of those courts for such purposes; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Cook County, Illinois, and we both consent to the jurisdiction of those courts for such purposes.
  •  

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will not reimburse those fees and in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Cook County, Illinois. We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

 

No Reliance and Forward-Looking Statements

The information contained on the Site may not be current and should not be used or relied on for any investment decision regarding securities or for any similar purpose. Statements on the Site regarding our financial condition, results of operations and business and our expectations or beliefs concerning future events that are not historical facts are "Forward-Looking Statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words "believes," "expects," "anticipates," "plans," "estimates" or words of similar meaning is intended to identify Forward-Looking Statements but is not the exclusive means of identifying such statements.

 

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

customerservice@stormthestage.com

© 2015 Storm the Stage, LLC. All rights reserved.