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Terms and Conditions

Terms and Conditions

 TERMS OF USE AGREEMENT

 This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and StageSpot, LLC, a Texas limited liability company ("StageSpot"), the owner and operator of the site accessible through www.stagespot.com, with respect to the use of this website ("Web Site").  This Web Site is provided subject to compliance with the terms of this Agreement.  YOUR CONTINUED USE OF THIS WEB SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.  Please read this Agreement carefully as it forms a binding contract between you and StageSpot.  Please print a copy of this Agreement for your records.

 StageSpot takes the issue of privacy on the Internet very seriously.  To view our Privacy Policy, click here.  Additionally, if you have any questions or concerns about products or services you have ordered or may order through the Web Site, please view our Ordering Policies by clicking here.

 Personal Use of Contents

 The content of the Web Site is for your personal, noncommercial use.  Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices.  For commercial use of any portion of the contents you must secure the written consent from StageSpot.

 Use of Web Site

 Your use of the Web Site is at the sole discretion of StageSpot, which may deny you further use of the Web Site at any time, for any reason, with or without cause.  Your use of the Web Site does not entitle you to continued use of the Web Site.

 Your use of the Web Site must always comply with applicable law.  In particular, but without limitation, you agree and represent not to use the Web Site to:

 (a)        impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

 (b)       upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 (c)        upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

 (d)       upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

 User Submissions

 By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Web Site, you agree that such submissions are non-confidential for all purposes.  You further agree that such submissions become the property of StageSpot and that all title and interest therein, including all rights of copyright, shall vest with StageSpot at the time they are submitted and/or posted.  Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice.  The submission of such materials in no way creates any obligation or duty on the part of StageSpot to post or use such materials or, if we do so, to give you credit.

 Links to Other Web Sites

This Web Site may contain links to third party websites.  Such third party websites are not under the control of StageSpot.  Please note that StageSpot is not responsible for the accuracy or content of web sites of other providers that may have links from this Web Site.  Accordingly, StageSpot can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that StageSpot has provided this link serve as an endorsement by StageSpot of this or any other site.  In creating hypertext links to any other web site, StageSpot is not recommending that web site or giving any assurances as to its standing.  StageSpot is providing this link only as a convenience to you.  The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.  StageSpot makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites.  If you decide to access linked third party web sites, you do so at your own risk. 

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS StageSpot, AND ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF StageSpot, ARISING FROM OR RELATED TO YOUR USE OF THE WEB SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS WEB SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)        YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  StageSpot EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.  THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE WEB SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b)       StageSpot MAKES NO WARRANTY THAT:

(1)       YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(2)       THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR

(3)       THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.

 (c)        ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 (d)       NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM StageSpot OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT StageSpot SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF StageSpot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

 (a)        THE USE OR THE INABILITY TO USE THE WEB SITE;

 (b)       UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

 (c)        STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR

 (d)       ANY OTHER MATTER RELATING TO THE WEB SITE.

 IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.  NOTWITHSTANDING THE FOREGOING, StageSpot'S (AND ITS AFFILIATES', IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS WEB SITE.

 StageSpot SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS WEB SITE.

 Intellectual Property Rights

 The Web Site is protected by copyright, trademark, trade dress and other intellectual property rights.

 (a)        StageSpot grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Web Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Web Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

 (b)       The StageSpot logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by StageSpot.  You agree not to copy, display or otherwise use any of the Marks without the prior written permission of StageSpot.  Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized, sponsored or endorsed by StageSpot, or affiliated with StageSpot.

 (c)        The entire Web Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2006-07, StageSpot.  All rights reserved.  The copyrighted and proprietary property of StageSpot may not be duplicated or used without StageSpot's express prior written consent.

 Modification

StageSpot may update, revise, supplement, modify or amend this Agreement at any time.  Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Web Site.  You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Web Site after, the updates, revisions, supplements, modifications or amendments.

 Digital Millennium Copyright Act

 You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party.  It is our policy not to permit materials known by us to be infringing to remain on the Web Site.  StageSpot has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site.  If you believe any material on this Web Site is infringing, please contact us immediately.

 You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:

 StageSpot, LLC

Attn: Webmaster

3204 Texas Topaz

Austin, Texas 78728

(888) -567-8243

webmaster@stagespot.com

 Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA.  You are encouraged to review them (see 17 U.S.C. ¤ 512(c)(3)) before sending your claim.

 Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

 Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

 Entire Agreement

 This Agreement constitutes the entire agreement between you and StageSpot with respect to your use of the Web Site.  There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Web Site except as set forth in this Agreement.  The terms herein as they relate to the ordering of merchandise from the Web Site are supplemented by our Ordering Policies and Privacy Policy.  To view our Ordering Policies, please click here.  To view our Privacy Policy, click here.

 Severability

 If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction,  then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

 Governing Law and Venue

 This Agreement, the entire relationship between you and StageSpot, and any litigation or other legal proceeding between you and StageSpot (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

 This contract is fully performable in Travis County, Texas.  Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas.  You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

 Termination

 StageSpot may terminate your right to use this Web Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

 Contact Information

If you have a comment, question or request, or if you need to contact StageSpot for any other reason, there are three easy ways to do so.

 (a)        E-mail:  You can e-mail at info@stagespot.com.

 (b)       Telephone Number: You may call us at 888-567-8243.  If you call after normal business hours, please leave a message and your telephone number.  We will get back to you as quickly as possible.  Normal office hours are [Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time].

 (c)        U.S. Mail:  Send mail to StageSpot at:

              3204 Texas Topaz

              Austin, Texas 78728

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