Terms of Service
Welcome to TuneStub! The following are the Terms and Conditions ("Terms") that govern the use of TuneStub and tunestub.com. It is important that you read carefully and understand the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS. DO NOT USE THIS WEBSITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS. Please check this page of the website periodically as the Terms may change.
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. TuneStub may, in its sole discretion, modify or revise these Terms and policies at any time, and expressly reserves the right to change these Terms at any time, effective immediately upon posting on the Website. By accessing the Website, you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Website. The terms "you" and "your" refer to you, as a user of the Website. The terms "we," "us," "our,", and "TuneStub" refer to TuneStub LLC.
- "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Website, such as ratings, reviews, compliments, invitations, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Website. "TuneStub Content" means Content that we create and make available on the Website. "Third Party Content" means Content that is made available on the Website by parties other than TuneStub or its users, such as the venues, artists, or data providers who license data to TuneStub for use on the Website. "Site Content" means all of the Content that is made available on the Website, including Your Content, User Content, Third Party Content, and TuneStub Content.
You must be at least 18 years old and a resident of the United States. All others are prohibited from using the Website. If you use the Website on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind company, entity, or organization to the Terms (which authority you hereby exercise).
To use some of the features on the Website, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are three types of accounts:
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your user name and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account. You also agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.tunestub.com and immediately notify us of the problem by emailing us at firstname.lastname@example.org.
A business account is an account to be used solely for the purpose of representing your venue on the Website. In creating or updating a business account, you must be an authorized representative of the venue(s) in question, and you must provide complete and accurate information about the venue(s) you represent. In addition, you agree to (a) provide accurate, current and complete information about all past, present, and future Events, lineups, and artists; (b) maintain and update your venue information to keep it accurate, current, and complete; (c) to post material suitable for viewing by users 18 and over; (d) allow TuneStub the explicit right to use your copyrights, trademarks, service marks, trade names, logos, and other intellectual and propriety rights for the purpose of promoting your business anywhere on the Website TuneStub deems appropriate and in all TuneStub created media, including social media networks (such as Facebook, Twitter, YouTube, and MySpace) and all content and functionality available through the tunestub.com domain name; (e) allow TuneStub to sell tickets to Events held at your venue(s) or any other venue(s) or location(s) at which your business conducts an Event; (f) refrain from engaging in any conduct that would unfairly prevent any person who purchased tickets to one of your Events from the Website from attending the Event for which s/he purchased tickets and agree to treat such individual in the same manner as if s/he purchased their ticket directly from you; (g) refrain from engaging in any conduct that would harm, infringe, destroy, or otherwise negatively affect TuneStub's relationship with its users including individuals who purchase tickets to Events; (h) accept TuneStub's roster of individuals who purchased a ticket to your Event(s) and provide those individuals with access to your Event(s); (i) allow TuneStub to place information about your Events anywhere on its Website it deems appropriate; (j) update and keep accurate any payment information necessary for TuneStub to provide your business with compensation for Event ticket sales; (k) allow information about your Events to be embedded by other users on other websites; and (l) allow only current employees have access to your business account. You acknowledge that, if any information provided by your venue is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website.
As part of the registration process, the venue will provide a username. You are responsible for selecting your own password. Each business account's user name and password are personal to it. Each venue is responsible for the confidentiality and use of its username and password, and for any and all activities (including purchases, as applicable) affiliated with your venue, and agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.tunestub.com and immediately notify us of the problem by emailing us at email@example.com.
USE OF THE WEBSITE
We grant you permission to use the Website subject to the restrictions in these Terms. In using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. TuneStub does not endorse such Content, and cannot vouch for its accuracy..
RESTRICTIONS ON USE
TuneStub hereby grants you permission to access and use the Website as set forth in these Terms, provided that you do not:
- Restrict or inhibit any other user, visitor, member, artist, business, or venue from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
- Use the Website, its products and services, or Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website;
- "Frame" or "mirror" any part of the Website without our prior written authorization;
- Link to any page of or content on the Website other than the URL located at www.tunestub.com;
- Use any robot, spider, offline reader, website search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent. Notwithstanding the foregoing, TuneStub grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TuneStub reserves the right to revoke these exceptions either generally or in specific cases;
- Harvest or collect information about Website visitors or members without their express consent;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
- Request more than 1,000 pages of the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals;
- Use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale or other offer on the Website if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from TuneStub, or from the fan club or other organization with whom TuneStub is working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale's or offer's terms';
- Post content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or post content that could be harmful to minors;
- Harass or advocates harassment of another person;
- Promote information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Display pornographic or sexually explicit material of any kind;
- Provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engage in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- Infringes TuneStub's or any third party's copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.
While using the Website, you agree to comply with all applicable laws, rules and regulations. TuneStub reserves the right to discontinue any aspect of the TuneStub Website at any time.
The Website, including all Website software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by TuneStub in conjunction with others pursuant to contractual arrangements, and will remain the property of TuneStub and its licensors and suppliers. The Website is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Website or the Materials.
The TuneStub trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the registered and unregistered trademarks of TuneStub or TuneStub's licensors and suppliers, and others. The Trademarks owned by TuneStub, whether registered or unregistered, may not be used in connection with any product or service that is not offered by TuneStub, in any manner that is likely to cause confusion with customers, or in any manner that disparages TuneStub. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of TuneStub or TuneStub's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and TuneStub will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
We may use Your Content in a number of different ways, including displaying it on the Website, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media.") As such, you irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Website 's users and the users of any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content .
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TuneStub.
You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may remove or reinstate Your Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
TuneStub and its licensees may display advertisements and other information adjacent to or included with Your Content on the Website and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Descriptions or images of, or references to, products or services on the Website do not imply TuneStubs endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to TuneStub's acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to TuneStub's refund and exchange policies then in effect.
You agree that all purchases made by you on the Website cannot be exchanged and are non-refundable. All purchases are subject to TuneStubs service fees and charges, which are also non-refundable. You will be responsible for paying all applicable taxes in connection with your purchase of any tickets. You may not be able to use tickets purchased on the Website if you do not follow our Purchase Policy, located at www.tunestub.com/Purchase Policy.
Business account owners shall receive a payment related to the number of valid tickets sold on the Website. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to business accounts holders shall be sent by TuneStub within approximately seven (7) days after the end of the calendar week (Monday through Sunday) in which the Event(s) occurs if you earned a balance of $50 or more. Payments are accumulative and rolled over into the following seven (7) day pay period if the threshold is missed. However, all payments will be distributed at the end of the month even if the threshold limit is not reached.
In the event the Agreement is terminated, TuneStub shall pay your earned balance to you within approximately thirty (30) days after the end of the calendar week (Monday through Sunday) in which the Agreement is terminated following TuneStubs receipt of your written request, including by email, to terminate the Agreement or by TuneStub. In no event, however, shall TuneStub make payments for any earned balance less than $1.00. Notwithstanding the foregoing, TuneStub shall not be liable for any payment based on: (a) tickets for which an inaccurate or invalid credit card number, bank account, or any other form of payment is used which results in TuneStub being unable to collect payment from another for the purchase of the ticket; (b) Event(s) that were cancelled due to no fault of TuneStub; (c) a result of any breach of this Agreement by you. TuneStub reserves the right to withhold payment or charge back your account due to any breach of this Agreement by you, pending TuneStubs reasonable investigation of the breach.
To ensure proper payment, you are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with your business account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation. TuneStub may change its pricing and/or payment structure at any time. If you dispute any payment made, you must notify TuneStub in writing within thirty (30) days of any such payment; failure to so notify TuneStub shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by TuneStub. No other measurements or statistics of any kind shall be accepted by TuneStub or have any effect under this Agreement.
You acknowledge and agree that TuneStub may should it decide to do so, without further notice to you, contribute to a charitable organization selected by TuneStub all funds, payments and other amounts held by TuneStub and that are due to you (if any), but which TuneStub is unable to pay or deliver to you because your business account payment information is inaccurate or invalid or you business account is inactive. Inactive means that, based on TuneStubs records: (a) for a period of twelve (12) months or more you have not logged into your business account or accepted funds, payments or other amounts TuneStub has attempted to pay or deliver to you, and (b) TuneStub has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the address shown in TuneStubs records.
INFORMATION PROVIDED BY TUNESTUB
Although TuneStub strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Website is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although TuneStub endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Website by various artists, artists, business, entities, venues, and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and TuneStub expressly disclaims any liability with respect to the foregoing.
COPYRIGHT DISPUTE POLICY
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TuneStub infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TuneStub to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by TuneStub against you, the DMCA permits you to send TuneStub a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to Scot Richardson, TuneStub LLC, 2038 Armacost Avenue, Los Angeles, California 90025, Main: (800) 927-0939, Fax: (800) 807-3109, or email us at firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
ACCESS BY MINORS
TuneStub cannot prohibit minors from visiting this Website. TuneStub must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that TuneStub does not endorse any of the products or services listed at such websites
ACCESS FROM OUTSIDE THE UNITED STATES
The Website is solely directed to individuals residing in the United States. We make no representation that materials, products, or services available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
RULES FOR SWEEPSTAKES, CONTESTS AND GAMES
We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you breach the Terms or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Website, Your Content, Site Content, or any other related information.
You may terminate the Terms at any time by closing your account, discontinuing your use of any and all parts of the Website, and providing TuneStub with a notice of termination. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Website, but may continue to display Your Content where it implicates other users.
In the event of any termination, whether by you or us, the Terms will continue in full force and effect, including our right to use Your Content .
We own the TuneStub Content , including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the website excluding User Content and third party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the TuneStub and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the TuneStub Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the TuneStub Content are retained by us. However, we do not own any copyrights, trademarks, service marks, trade names, logos, and other intellectual and propriety rights throughout the world that pertain to any of the artists or venues. Each artist and venue retains their own copyrights, trademarks, service marks, trade names, logos, and other intellectual and propriety rights which they have allowed TuneStub to display on its Website.
Violations of these Terms may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in TuneStubs sole discretion, and without prior notice, TuneStub may terminate and block your access to the Website or to TuneStubs other services, cancel your ticket order and/or tickets acquired through your ticket order, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts TuneStub believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if TuneStub believes that your conduct or the conduct of any person with whom TuneStub believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through TuneStub, violates or is inconsistent with these Terms or the law, or violates the rights of TuneStub, a venue or artist of TuneStub or another user of the Website. Violating any limitations or terms on the Website, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Website.
You agree that monetary damages may not provide a sufficient remedy to TuneStub for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
You agree that abusive use of the Website causes damage and harm to TuneStub in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Website. You further agree that monetary damages for abusive use of the Website are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Website in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1,000 during that twenty-four hour period. You also agree that this will be the measure of damages for any abusive use that occurred prior to this provision of these Terms being in effect.
TuneStub is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of TuneStubs rights. For more information about how we handle copyright infringements on the Website, please see our Copyright Dispute Policy. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Website at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to the entire Website without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
TuneStub is not liable for any lost data resulting from the operation of the Website or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Website.
U.S. EXPORT CONTROLS
This Website and software derived from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the Website or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
THE WEBSITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE Website IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAUGSTUB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. LAUGSTUB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF LAUGSTUB OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. LAUGSTUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LAUGSTUB WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
The Website, Materials or user reviews could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, Restrictions of Use above). Additionally, unauthorized alterations could be made by third parties to the Website, Materials or user reviews. Although we attempt to ensure the integrity of the Website, we make no guarantees as to the Website's completeness or correctness. In the event that a situation arises in which the Website's completeness or correctness is in question, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practical. For copyright infringement claims, see the sections on "Restrictions on Use," "Copyright Dispute Policy," and "Ownership," above.
LIMITATION OF LIABILITY
NEITHER TUNESTUB NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ARTISTS, BUSINESSES, VENUES, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TUNESTUB SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE WEBSITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TUNESTUB, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS, PRODUCTS, SERVICES OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, OR LINKED WEBSITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF TUNESTUB, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold TuneStub, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Restrictions of Use, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.
The information contained on the Website may not be current and should not be used or relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the stock of TuneStub or for any related purpose. TuneStub is a privately held Limited Liability Company.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TuneStub without restriction.
The Website is provided by TuneStub LLC. If you have any questions, comments or complaints regarding this Agreement or the Website, feel free to contact us at TuneStub LLC, 2038 Armacost Avenue, Los Angeles, California 90025, Main: (800) 927-0939, Fax: (800) 807-3109, or email us at firstname.lastname@example.org.
NOTICE FOR CALIFORNIA USERS
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.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with TuneStubs prior written consent. TuneStub may freely assign or otherwise transfer this Agreement without your consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Further, YOU AND TUNESTUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TUNESTUB WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on the Website.
Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Website and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.