The gist:
StageClick.com is a service designed to give you as much control and ownership over
the site's content as possible and encourage you to add / edit as much as you like.
However, be responsible in what you do. In particular, make sure that none of the
prohibited items listed below appear on the site or get linked to/from this site
(things like spam, viruses, hate content, etc). Please make sure you read through
the list and the rest of the terms and agree with them before you get started.
Terms
of Service:
The StageClick.com website (“Website”) is a hosted service operated by StageClick.com.
(“StageClick”). Any use of the Website is subject to the following Terms and Conditions
of Use (“Terms and Conditions”), as well as to StageClick's Privacy Policy,
all of which are incorporated by reference into these Terms and Conditions. Your
use of the Website will constitute your acceptance of these terms and conditions.
- Your StageClick.com Account and Pages. If you create an account on the Website, you
are responsible for maintaining the security of your account, and you are
fully responsible for all activities that occur under the account and any other
actions taken in connection with the pages and data on the Website. You must not describe or add
information to the Website in a misleading or unlawful manner, including in a manner intended
to trade on the name or reputation of others, and StageClick may change or remove
any page or information that it considers inappropriate or unlawful, or otherwise
likely to cause StageClick liability. You must immediately notify StageClick of
any unauthorized uses of the Website, your account or any other breaches of security.
StageClick will not be liable for any acts or omissions by You, including any damages
of any kind incurred as a result of such acts or omissions. StageClick may from time
to time set storage limits on the amount of data you may add or upload, or take any other measures StageClick
considers appropriate to manage the Website. StageClick will advise you of any such
change, and may do so in any reasonable manner, such as posting a change on the logon page or via the homepage at stageclick.com. StageClick may also
from time to time change its policies on offering commercial content or displaying
advertising, and it may do this without notice. However, StageClick may post blog
entries about its policy changes, and you may wish to check for StageClick’s
announcements about any such changes.
- Responsibility of Contributors. If you contribute information, (add or edit), post material
to the Website, post links on the Website, or otherwise make material available
by means of the Website (any such material, “Content”), You are entirely responsible
for the content of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text, graphics, an audio
file, or computer software. By making Content available, you represent and warrant
that:
- the downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and
have done all things necessary to successfully pass through to end users any required
terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as phishing)
or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically objectionable,
and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested
to do so by StageClick or otherwise.
By submitting Content to StageClick for inclusion on the Website, you grant StageClick
a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt
and publish the Content solely for the purpose of displaying, distributing and promoting
the shows, people, venues, and producers listed on the website. If you wish to delete Content, you must supply a reason, and StageClick will use reasonable efforts to remove
it from the Website, but you acknowledge that caching or references to the Content
may not be made immediately unavailable.
Without limiting any of those representations or warranties, StageClick has the
right (though not the obligation) to, in StageClick’s sole discretion (i) refuse
or remove any content that, in StageClick’s reasonable opinion, violates any StageClick
policy or is in any way harmful or objectionable, or (ii) terminate or deny access
to and use of the Website to any individual or entity for any reason, in StageClick’s
sole discretion. StageClick will have no obligation to provide a refund of any amounts
previously paid.
- Fees and Payment. Optional premium paid services are not available yet. Once they
become available, the following will apply. By selecting
a premium service you agree to pay StageClick the monthly or annual subscription
fees indicated for that service. Payments will be charged on the day you sign up
for a premium service and will cover the use of that service for a monthly or annual
period as indicated. Premium service fees are not refundable.
- Responsibility of Website Visitors. StageClick has not reviewed, and cannot review,
all of the material, including computer software, posted to the Website, and cannot
therefore be responsible for that material’s content, use or effects. By operating
the Website, StageClick does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies, typographical
mistakes, and other errors. The Website may also contain material that violates
the privacy or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of which
is subject to additional terms and conditions, stated or unstated. StageClick disclaims
any responsibility for any harm resulting from the use by visitors of the Website,
or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of
the material, including computer software, made available through the websites and
webpages to which StageClick.com links, and that link to StageClick.com. StageClick
does not have any control over those non-StageClick websites and webpages, and is
not responsible for their contents or their use. By linking to a non-StageClick
website
or webpage, StageClick does not represent or imply that it endorses such website
or webpage. You are responsible for taking precautions as necessary to protect yourself
and your computer systems from viruses, worms, Trojan horses, and other harmful
or destructive content. StageClick disclaims any responsibility for any harm resulting
from your use of non-StageClick websites and webpages.
- Copyright Infringement and DMCA Policy. As StageClick asks others to respect its
intellectual property rights, it respects the intellectual property rights of others.
If you believe that material located on or linked to by StageClick.com violates your
copyright, you are encouraged to notify StageClick in accordance with
StageClick’s Digital Millennium Copyright Act (”DMCA”)
Policy. StageClick will respond to all such notices, including
as required or appropriate by removing the infringing material or disabling all
links to the infringing material. In the case of a visitor who may infringe or repeatedly
infringes the copyrights or other intellectual property rights of StageClick or
others, StageClick may, in its discretion, terminate or deny access to and use of
the Website. In the case of such termination, StageClick will have no obligation
to provide a refund of any amounts previously paid to StageClick.
- Trademarks. StageClick, WordPress.com, the StageClick.com logo, and all
other trademarks, service marks, graphics and logos used in connection with StageClick.com,
or the Website are trademarks or registered trademarks of StageClick or StageClick’s
licensors. Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any StageClick or third-party
trademarks.
- Changes. The Website, including without limitation all content there available and
these Terms and Conditions, may be changed at the sole discretion of StageClick
and without notice. You are bound by any such updates or changes, including but
not limited to those affecting these Terms and Conditions, and so should periodically
review these Terms and Conditions.
- Limitation of warranties of StageClick, its suppliers and its
licensors. Except as otherwise expressly stated, all content posted to or available
from the Website is provided “as is”, and StageClick, its suppliers and its licensors
make no representations or warranties, express or implied, including but not limited
to warranties of merchantability, fitness for a particular purpose, title or non-infringement
of proprietary rights. You understand and agree that you download from, or otherwise
obtain content or services through, the Website at your own discretion and risk,
and that StageClick, its suppliers and its licensors will have no liability or responsibility
for any damage to your computer system or data that results from the download or
use of such content or services. Some jurisdictions may
not allow the exclusion of implied warranties, so some of the above may not apply
to you.
- Limitation of liability of StageClick, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will StageClick, its suppliers
or its licensors be liable to you or any other party for any direct, indirect, special,
consequential or exemplary damages, regardless of the basis or nature of the claim,
resulting from any use of the Website, or the contents thereof or of any hyperlinked
website including without limitation any lost profits, business interruption, loss
of data or otherwise, even if StageClick, its suppliers or its licensors were expressly
advised of the possibility of such damages. In no event will the aggregate liability
for any and all of your claims against StageClick, its suppliers and its licensors
arising out of or related to use of the Website, or the contents thereof or of any
hyperlinked website exceed the amounts actually paid by you to StageClick during
the 12-month period prior to the date a claim is made. Some jurisdictions may not
allow the exclusion or limitation of liability for certain incidental or consequential
damages, so some of the above limitations may not apply to you. The parties agree
that this Section 11 represents a reasonable allocation of risk.
- General Representation and Warranty. You represent and warrant that your use of
the Website will be in accordance with the
StageClick Privacy Policy, with these
Terms and Conditions, with any applicable laws and regulations, including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including
all applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside, and with any other applicable
policy or terms and conditions.
- Indemnification. You agree to defend, indemnify and hold harmless StageClick, its
contractors, and its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses, including attorneys’
fees, arising out of your use of the Website, including but not limited to out of
your violation of any representation or warranty contained in these Terms and Conditions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between
StageClick and you concerning the subject matter hereof, and they may only be modified
by a written amendment signed by an authorized executive of StageClick, or by the
posting by StageClick of a revised version. Except to the extent applicable law,
if any, provides otherwise, these Terms and Conditions, any access to or use of
the Website will be governed by the laws of the state of Louisiana, U.S.A., excluding
its conflict of law provisions, and the proper venue for any disputes arising out
of or relating to any of the same will be the state and federal courts located in
Jefferson Parish, Louisiana. If any part of these Terms and Conditions is held
invalid or unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect. A waiver
by either party of any term or condition of these Terms and Conditions or any breach
thereof, in any one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under these Terms and Conditions to any
party that consents to, and agrees to be bound by, its terms; StageClick may assign
its rights under these Terms and Conditions without condition. These Terms and Conditions
will be binding upon and will inure to the benefit of the parties, their successors
and permitted assigns.
This Terms of Service page is available under a Creative Commons Sharealike license.
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