Your use of this web site ("Site"), owned by OurStage, and the features at this Site are subject to these Terms and Conditions ("Terms"), which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. OurStage may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that OurStage will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.
Content on this Site provided by OurStage or its Licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("OurStage Content") is the property of OurStage and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Submitted Content"), such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by OurStage subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although OurStage.com makes efforts to insure that all material on this site is correct, accuracy cannot be, and is not, guaranteed by OurStage.com.
You agree not to download, display or use any OurStage Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of OurStage, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OurStage and/or its licensors, that dilutes the strength of OurStage's or its licensor's property, or that otherwise infringes OurStage's or its licensor's intellectual property rights. You further agree to in no other way misuse any OurStage Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Contact Us link and follow the instructions at that area. Users who believe that user-posted content includes infringing materials should click on the Copyright icon while playing or judging.On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:
• No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by OurStage.After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). OurStage may delete any Submitted Content that in the sole judgment of OurStage violates these Terms or the Submission Rules.
• Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to OurStage a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.OurStage.com acts as a place for venues to post gig opportunities and artists or bands to post their information and potentially secure gigs. OurStage does not represent either the artist or the venue, and is not a booking agency, but rather provides a neutral place for artists and venues to connect. OurStage Marketplace may be used only for lawful purposes by venues seeking artists or bands, or artists and bands seeking gigs.
OurStage is not involved in the actual transaction between venues and artists or bands. OurStage is not an employer of any artist or band and shall not be responsible for any decisions made by a venue to select artists or bands for a particular gig at a venue. OurStage makes no representations about any gigs. OurStage has no control over the content submitted by either party, the quality, safety or legality of the gigs posted, the truth or accuracy of the listings, the ability of venues to offer gig opportunities to artists or bands or the ability of artists or bands to fill gig openings and OurStage may take any action with respect to content submitted that it deems necessary or appropriate in its sole discretion to protect OurStage. Content submitted via OurStage Marketplace shall be deemed "Submitted Content" for purposes of these Terms. While OurStage reserves the right in its sole discretion to remove content submitted, gig postings, artist or band information or other material from OurStage from time to time, OurStage does not assume any obligation to do so and disclaims any liability for failing to take any such action. Users should be aware of the risk of risk of physical and other harm that is inherent in dealing with third parties you connect with via websites such as OurStage. OurStage assumes no responsibility for any such dealings or contact. OurStage cannot and does not confirm that each venue, artist or band is who they claim to be. Any disputes between venues, artists and bands must be resolved amongst themselves, and by using OurStage, all venues, artists and bands hereby agree to release OurStage (and its officers, directors, employees and agents) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." OurStage specifically prohibits any of the following in connection with Marketplace: (a) post any information for any purpose other than a venue seeking an artist or band or a artist or band seeking a gig; or (b) post any incomplete, false or inaccurate biographical information or information.OurStage reserves the right to require paid access for certain OurStage Marketplace features. In such event, a valid credit card number will be required. You will be billed for your first month immediately upon selecting such option. Such service will be billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For any upgrade or downgrade, your credit card that you provided will automatically be charged the new rate on your next billing cycle. The OurStage Marketplace offerings and pricing are subject to change at any time with or without notification. If OurStage terminates your account membership because you have breached these Terms, you will not be entitled to any refund of fees paid. Downgrading your service may cause the loss of content, features, or capacity of your Account. OurStage does not accept any liability for such loss. You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing community@ourstage.com and formally requesting your account being cancelled. All of your content will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately. OurStage, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other OurStage service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. OurStage reserves the right to refuse service to anyone for any reason at any time.
OurStage helps with dispute resolution by providing members with an online tool to report and track their disputes using the dispute console. Technical support is only provided to paying account holders and is primarily available via email. When suspicious activity is reported, Community investigates the situation. We will warn, suspend, or otherwise restrict accounts that violate our policies. Questions and concerns can be addressed to Community by going to http://www.ourstage.com/contact/community.
You agree to indemnify and hold OurStage, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.
OurStage and the Community work together to keep OurStage running and the Community safe. If you have concerns about OurStage or a user on OurStage, please contact the OurStage staff directly.
OurStage's Community Team works to ensure that the site is safe, accessible, and enjoyable to all of our members, partners, and sponsors. OurStage, at it sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the OurStage web Site, remove content, and take other technical or legal steps to keep users off the Site if they are acting in a manner inconsistent with OurStage's Terms and Conditions and/or Community Values. You also agree that you will not: • Infrastructure: Utilize any technology or take any action with the intent of overloading or disrupting the normal operation of the OurStage infrastructure;At this Site you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to these Terms, including the Submission Rules.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.
This Site may hyperlink to sites not maintained or related to OurStage. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or OurStage, and OurStage makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and OurStage has no control over how your information is collected, used, or otherwise handled.
OurStage makes no representations about the reliability of the features of this Site, the OurStage Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. OurStage makes no representations regarding the amount of time that any OurStage Content or Submitted Content will be preserved. OurStage does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by OurStage without the prior review and written approval of OurStage. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OURSTAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL OURSTAGE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OURSTAGE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OURSTAGE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH OURSTAGE.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY OURSTAGE.COM.Both you and OurStage acknowledge and agree that no partnership is formed and neither of you nor OurStage has the power or the authority to obligate or bind the other.
This Agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Boston, Massachusetts. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and OurStage, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and OurStage regarding the use of the Site and your account. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.OurStage shall have the right at any time to (a) change the terms of these Terms, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.
The failure of OurStage to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of OurStage, shall not be deemed a breach of these Terms. If OurStage fails to act with respect to your breach or anyone else's breach on any occasion, OurStage is not waiving its right to act with respect to future or similar breaches.
If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.