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THE INFORMATION WE COLLECT
There are two types of information ElectroStub collects, personal information and non-personal information. Personal information is information that identifies you such as your name and email address. Non-personal information does not identify you personally, but gives us information about your computer and about your activities on our site such as your IP address, browser type, the date and time you access the site, the website that referred you to our site, and etc.
You may use many features of ElectroStub?s website without providing any personal information. However, in order to take advantage of all the services and products ElectroStub?s Website provides, it may be necessary to furnish your personal information such as, but not limited to, your: name, postal address, telephone number, fax number, geographic location, email address, age, gender, birth date, credit or debit card number or other payment account number and the applicable expiration date(s), comedic preferences, purchasing history and other identification and contact information. In addition, you may also be providing personal information when you submit comments on this Website. ElectroStub collects persona information when you voluntarily provide it. If you are a registered user of ElectroStub, we may retain your information as long as you maintain your registered status.
It is possible to use many features of the Website without providing ElectroStub with any personal information. However, in order to be able to use all of the opportunities, advantages or features of this Website, you may be required to provide ElectroStub with your personal information.
On occasion, ElectroStub may ask you some questions about yourself (such as your interests and activities, your age, etc.) so we know how to best serve you and to help ensure you are maximizing the products and services ElectroStub offers. However, you are under no obligation to answer these questions.
We also use a tracking cookie to analyze your activity with respect to advertising, searching and purchasing on the Website. You may choose to opt out with respect to the tracking cookie by visiting http://www.247realmedia.com/EN-US/opt-out.html
We and our service providers may also use "web beacons," to track your use of ElectroStub?s Website. A web beacon is similar in function to cookies. Web beacons also enable ElectroStub to provide you with an experience more tailored to your preferences and interest the next time you visit. Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a specific identifier and are used to track the online movements of web users or to access cookies. Web beacons differ from cookies in that the information is not stored on your hard drive, but are invisibly embedded on the web pages (or in email.) When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened. Web beacons do not contain any personal information.
ElectroStub may also receive information about its users from third parties (such as purchase history and demographic information), and we may allow third parties to display advertisements on our Website. These companies may use tracking technologies, such as cookies, to collect information about people who view or interact with their advertisements on our Website. This information allows them to deliver targeted advertisements and judge their effectiveness. ElectroStub does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on ElectroStub unless you choose to share it with them.
PROTECTING YOUR INFORMATION
We realize you value your information and so do we. Therefore, we have taken appropriate security procedures to help safeguard this information from unauthorized access and disclosure. We use data security systems to encrypt your personal and financial information to reduce the risk that your information will be obtained by unauthorized persons. We also encrypt credit card numbers and other sensitive information before it is sent from your computer to ours. We also use firewalls to help prevent unauthorized access to your personal information. Only authorized employees are permitted to access your personal information, and they may do so only for limited reasons. Our employees are kept up-to-date on our security and privacy practices, and the servers that store personal information are in a secure environment.
We want you to feel confident using our Website to transact business. However, no method of transmission over the Internet, or method of electronic storage, can be completely secure. Therefore, although we take steps to secure your information, we cannot guarantee its absolute security. If you feel your information has been compromised in any way from the use of this Website, please contact us immediately. The U.S. Federal Trade Commission has released a comprehensive guide that can help you guard against and deal with identity theft. This guide and other useful tools can be obtained by visiting a credit score website. ElectroStub is not affiliated with any of the services the FTC provides
HOW ELECTROSTUB COLLECTS AND USES YOUR INFORMATION
Our primary goal in collecting personal information is to provide our visitors with a superior customized online experience. Among other things, we use customer contact information to inform the venues of who have purchased tickets to their shows, contact purchasers to inform them of any changes to any shows, contact our customers of upcoming shows they may be interested in attending, to remind customers of shows through our reminder service(s), to send our customers' friends or loved ones emails about upcoming shows, and to send service and promotional emails.
ElectroStub may use the information we collect about you in order to do the following:
- to process payment for purchases or sales you make;
- to deliver the tickets, products and services you request;
- to enroll you in programs in which you choose to participate;
- to manage your account and provide you with customer service;
- to perform research and analyze your use of, or interest in, our products, services or content (or products, services or content offered by others on our Website);
- to better tailor your Website experience to your interests, and to show you content in which you may be interested and to display the content according to your preference;
- to communicate with you by e-mail, regular mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliated companies or other third parties;
- to help us develop and display content and advertising tailored to your interests on our Website and other websites;
- to contact you in the event of a change in the Website's Terms of Service and/or this Policy, or to notify you of other administrative matters in connection with the Website;
- to conduct internal business purposes, such as to target advertising, for data analysis, for audits and for other internal purposes;
- to conduct online surveys and offer online sweepstakes or contests;
- to verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- to enforce our Terms and Conditions;
- to protect against or identify fraudulent transactions;
- to generally manage our business; and
- to perform other functions, which we will describe to you at the time we collect the information.
HOW ELECTROSTUB SHARES YOUR INFORMATION
Except as otherwise stated in this Policy, we do not sell, trade, or rent your personally identifiable information collected on our Website to others. The information collected by our Website is used to process orders, to keep you informed about any changes to the show, to notify you of upcoming shows, performances, appearances, events, special events, classes, or other similar artistic showcases ("Events"), products, services, or special offers that may be of interest to you, to keep you informed of the latest on your favorite artists, and for statistical purposes for improving our Website. We will disclose your personally identifiable information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), improve the functionality of our Website, customize our marketing efforts with you and perform statistical and data analyses, deliver your order and deliver promotional emails to you from us. These third parties may not use your personally identifiable information other than to provide the services requested by us. For example, we must release your credit card number to confirm payment and release your mailing address information to the delivery service to deliver products that you ordered. We also share website usage information we gather from visitors to our Website who have received a targeted promotional campaign with our third-party advertising service partner for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners note some of the pages you visit on our Website through the use of clear GIFs
We may provide aggregated statistics about our customers, sales, traffic patterns, and related website information to third parties that do not include personally identifiable information. Moreover, we may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms of Service or to protect the rights, property and safety of our users, others and ourselves.
In addition, we may share your personal information with:
Authorized service providers. Our authorized service providers are companies that perform certain services on our behalf. These services may include fulfilling ticket orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting our Website functionality, and supporting contests, sweepstakes, surveys and other features we offer. These service providers may have access to your personal information to the extent necessary to perform their functions, but we do not allow them to share or use any of your personal information for any other purpose.
Business partners. When you make a purchase or participate in a promotion, we may share your personal information with the business for which you purchase tickets and with merchants offering the products, services, promotions, contests and/or sweepstakes. We will not share your personal information with these businesses unless you choose to purchase tickets or participate in their offer or program. When you choose to purchase tickets or engage in a particular offer or program, you authorize us to share your email address and other information with the relevant business or merchant.
Venues. We sell tickets on behalf of others; we don?t organize, produce or otherwise bring you Events. The venues, promoters, artists? representatives and fan clubs, troupes, performers, ensembles, and others who are involved in or bring you Events are known as "Event Providers." When you buy tickets, you consent to allow us to provide your personal information to the Event Providers and their contractors. We share this information so Event Providers can contact you about the Event or other Events you may be interested in.
Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods, products, and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by emailing us at [email protected]
Other Situations. ElectroStub may also access and disclose your personal information as needed to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of ElectroStub, ElectroStub?s Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms of Service or other published guidelines.
ElectroStub reserves the right to transfer any and all information that we collect from users of the Website to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of ElectroStub?s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). However, the use of this information by any successor entity would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction, and you will continue to have the right to opt out of sharing your information with third parties.
In certain circumstances under California law, customers are entitled to certain information regarding any personally identifiable information (as defined by certain California laws) we may share with direct marketing companies. Personally identifiable information generally is defined under California law as information that identifies specifics about an individual and can be used to identify, contact, or locate an individual including that individual's name, mailing address, telephone number, mobile phone number, email address and other identification and contact information. If you are an eligible customer and would like to receive a list detailing the types of personally identifiable information we share with direct marketing companies and the names and addresses of all direct marketing companies that we provide personally identifiable information to, please email us at [email protected] Your concern will be investigated and you will be notified as soon as possible of the outcome of the investigation and any action required as a result.
In addition, under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
THIRD PARTY USE OF YOUR INFORMATION
BLOGS, BULLETIN BOARDS, REVIEWS AND CHAT ROOMS
We may provide areas on our website where you can post information about yourself, communicate with others, post reviews or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Service, so be sure to review them before posting. In addition, keep in mind that postings may appear on other websites or when searches are conducted on search engines on the subject of your posting.
Also, whenever you disclose personal information publicly (such as on publicly viewable web pages), that information becomes public and can be collected and used by others. For example, if you post your email address, you may receive unsolicited email messages. We can?t control who reads your posting or what others may do with information you voluntarily post, so we encourage you to use your discretion with respect to posting personal information.
CHANGING OR REMOVING INFORMATION
Access and control over most personal information on ElectroStub is readily accessible through the profile editing tools. ElectroStub users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their ElectroStub account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of ElectroStub.
At any time, you can choose to no longer receive commercial or promotional emails from us by clicking on My Account page and following the instructions to "manage your email alerts." You may modify your choices at any time in your account. Also, in any commercial email we send, you will be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says "unsubscribe." It may take up to 10 days for us to process an opt-out request.
Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices, and surveys. Please note that changing information in your My Account page or opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as an Event Provider) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.
When you complete the ticket purchase for a show, you will be automatically enrolled in ElectroStub?s newsletter. In addition, for some shows you may receive a complimentary subscription to a trade magazine, venue?s newsletter, or a artist?s newsletter. For this purpose, we will provide your name and mailing address to the magazine subscription fulfillment company. You may choose to simultaneously opt out of the subscriptions during the checkout process.
If you apply for a position with ElectroStub and submit your personal information through our Website, the information you submit will be used only in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions.
The third party collecting your personal information will share such information with ElectroStub so ElectroStub can review your information and, if applicable, respond to your query or job application. Please note ElectroStub has no obligation to respond to all queries or job applications submitted. Any personal information ElectroStub receives from such third party will be treated in accordance with this Policy.
USE OF THIS WEBSITE BY CHILDREN
The Children's Online Privacy Protection Act took effect on April 21, 2000, and imposes certain requirements on websites directed toward children under 13 that collect information on those children, or on websites that know they are collecting personally identifiable information from children under the age of 13. It currently is our policy not to collect personally identifiable information from any person under 13. If ElectroStub determines it has collected personal information of children under the age of 13, ElectroStub will immediately delete such information and any accounts believed to be held by children under 13.
CONTACTING ELECTROSTUB REGARDING THIS WEBSITE
If you have any questions concerning this Policy, you may send them by email to [email protected] Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. You must send any official correspondence via postal mail to: ElectroStub LLC, 2038 Armacost Avenue, Los Angeles, California 90025. Attention: General Counsel
USE OF THIS WEBSITE OUTSIDE THE UNITED STATES
We will occasionally update this Policy to reflect changes in our practices and services. When we post changes to this Policy, we will revise the "last updated" date at the top of this Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending an e-mail to the e-mail address you most recently provided us in your account, and/or by prominently posting notice of the changes on our Website. We recommend that you check our Website from time to time to remain updated as to any changes in our Policy or any other policies. Thank you for using ElectroStub!
A. INTRODUCTION AND ACCEPTANCE
B. INTELLECTUAL PROPERTY
C. WEBSITE ACCESS AND USE
?remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
?circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
?use an automatic device (such as a robot or spider) or manual process to copy or ?scrape? the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
?transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
?forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
?collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, or email addresses;
?solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
?attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
?decompile, reverse engineer, or disassemble any portion of any the Website;
?use network-monitoring software to determine architecture of or extract usage data from the Website;
?encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person?s Account (as ?Account? is defined below without permission, etc.);
?affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
?violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
?engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
D. USER REGISTRATION
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 21, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you agree that you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a ?Account?), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately at [email protected] of any breach of security or unauthorized use of your Account.
E. USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, ?submit?) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (?User Content?). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
?violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
?affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
?impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
?encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
?is an advertisement for goods or services or a solicitation of funds;
?includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
?contains a formula, instruction, or advice that could cause harm or injury; or
?results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called ?spamming? and ?phishing.?
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called ?moral rights? or rights of ?droit moral? with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the ?Advertisers?) such as our advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
This Website may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately so that we may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
H. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, or our service providers, suppliers, Advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes (?Promotions?). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
I. WEBSITE CONTENT & THIRD PARTY LINKS
We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our respective officers, directors, employees, partners, agents, licensors, service providers, strategic partners, Property Partners, and distribution partners,, and each of their related companies (collectively, the ?Indemnified Entities?) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. THE WEBSITE AND WEBSITE CONTENT AND ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE PROVIDED BY US ON AN ?AS IS? AND ?AS AVAILABLE? BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED ENTITIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED.
L. LIMITATION ON LIABILITY
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
N. COPYRIGHT POLICY
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (?DMCA?), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its ?Designated Agent?). Our Designated Agent may be reached via email at: [email protected], and via regular mail and facsimile at: Copyright Agent, SBEEG Holdings, LLC, 5900 Wilshire Blvd. #3100, Los Angeles, CA 90036, Attn: General Counsel, fax number: (323) 655-8001.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work?s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
?A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
?Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
?Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, such as a specific URL address.
?Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
?A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
?A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user?s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
?Identification of the copyrighted work that was removed, and the location on this Website where it would have been found prior to its removal;
?A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
?Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
O. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY ? IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. We and you (each a ?party? and together, the ?parties?) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section O(1) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties? relationship with each other and/or you use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the ?AAA?), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority 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. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator?s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
THE AAA?S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS? FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.
- Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section O(2) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exceptions ? Intellectual Property Claims. Notwithstanding the parties? agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party?s intellectual property rights.
- Exceptions ? Small Claims Court Claims. Notwithstanding the parties? agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court?s jurisdiction.
- 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections O(2), O(3), O(4) and O(5) by sending written notice of your decision to opt-out to the following address: SBEEG Holdings, LLC, 5900 Wilshire Blvd. #3100, Los Angeles, CA 90036, Attn: General Counsel. The notice must be sent within thirty (30) days of registering to use the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
P. AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to discontinue any aspect or feature of the Website.