ABOUT THE SERVICE
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
Any personal data that users outside of the United States provide via the Service will be transferred to the United States. Where permitted by law and if required by applicable law, you expressly consent to the transfer of your personal information to the United States and to the collection and processing of your personal information in the United States. In giving this consent, you acknowledge your understanding that the laws on holding, processing, using and transferring personal information in the United States may vary and be less protective of your privacy than the laws of your state or country.
Your use of the Service, including any content you may post through the Service, must comply with all applicable laws and regulations. The Service is for personal use only, and Users may not use the Service in connection with any commercial endeavors, or for the benefit of any third party or charge any person, or receive any compensation for, the use of any Service. Stages reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Stages regards as inappropriate or unlawful, including actions or communications that occur off the Service. You are solely responsible for your use of and activity in relation to the Service. Your permission to use the Service is conditioned in part upon these use and conduct restrictions.
SOFTWARE AND APP LICENSE
THIRD PARTY SITES, CONTENT AND SERVICES
The Service may contain links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). The content and links are provided as a courtesy to Users. We have no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content posted on or available through the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Stages. If you decide to leave the Service and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.
USER CONTENT, LICENSE TO STAGES AND FEEDBACK
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Stages is not responsible for any public display or misuse of your User Content. Stages does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Stages by you (collectively “Feedback”); and (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Stages or otherwise relating to the Service (collectively, “Revisions”), are and will remain the property of Stages. You authorize Stages to treat any User Content as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revisions. All Feedback and Revisions are the sole and exclusive property of Stages and Stages may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Stages any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Stages’ request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Stages, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information accessed through the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Stages. We take no responsibility and assume no liability for any User Content that you or any other User or third party posts or sends over the Service. All User Content, whether publicly posted, privately transmitted, or exported from the Service to other platforms, formats, or media, is the sole responsibility of the persons who originated such User Content. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to Users.
The Service may be unavailable from time to time for maintenance or other reasons. You acknowledge and agree that Stages, its Affiliates and its Third Party Service Providers are not responsible for, and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate User Content posted in the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any User Content, communications or personalization settings; (iii) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any User or User communications; or (iv) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet or in connection with the Service.
ALL USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICE AND ANY CONTENT AND INFORMATION PRESENTED ON THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, STAGES AND OUR AFFILIATES AND THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STAGES MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY CONTENT OR OTHER MATERIALS THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
STAGES, OUR AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDES DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY USER OR OTHER PERSONS THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL STAGES OR ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
LIMITATION OF LIABILITY; RELEASE
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, AND WHETHER OR NOT STAGES OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF THIS SUBSECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STAGES AND YOU.
If you have a dispute with one or more Users or any other third party resulting from or arising out of or in connection with your use of the Service, you release us and our Affiliates (defined above), from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.”
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY.
Informal Process First
Arbitration (“Arbitration Agreement”)
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed upon location. The arbitration will be conducted in the English language. Delaware law will apply without regard to conflict of law issues. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those reasonable fees for claims totaling less than $10,000, unless the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). In such case, you agree to reimburse Stages for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void and Stages shall have the right to terminate or suspend this Agreement immediately upon notice to you. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In the event that this Arbitration Agreement is found not to apply to you or a particular Claim, you and Stages agree that any judicial proceeding will be brought in a state or federal court located in the State of New Jersey, and both you and Stages consent to the personal jurisdiction and venue of the courts located within the State of New Jersey for the purposes of resolving such Claims. If for any reason a claim proceeds in court rather than in arbitration, you and Stages each waive any right to a jury trial.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. Stages respects the intellectual property rights of others and requests that Users do the same. Stages may, at our discretion, remove or disable access to material, including any User Content, on the Service without any liability to the User who provided such content. Stages also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Service who are repeat infringers. We may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Stages’ designated copyright agent at: firstname.lastname@example.org or 200 Princeton South Corporate Center, Suite 110, Ewing, NJ08628, Attention Copyright Agent:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description 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;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
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; and
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.
Stages is not liable for any content removed as a result of a notification of infringement by a copyright owner or his agent.
Counter-Notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Stages copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may (in our discretion) be reinstated on the Service in 10 to 14 business days or more after receipt of the counter-notice.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO STAGES
Communications made through the Service will not constitute legal notice to Stages or any of its officers, employees, agents or representatives in any situation where notice to Stages is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about Stages and special offers. You may opt out of such email by changing your account settings or sending an email to [Insert email address] or mail to the following postal address:
200 Princeton South Corporate Center
Ewing, NJ 08628
Attention: Customer Service
Opting out may prevent you from receiving messages regarding Stages or special offers.
TERM AND TERMINATION
We may modify the Service, and all content, software and other items used or contained in the Service, at any time without notice. You may terminate your Stages registration at any time by signing into the App, then clicking on the “Settings” heading, then following the instructions for terminating your account. Your access to, use of, or participation in the Service, including any content therein, may be prevented by us at any time after your termination of your account.
If you terminate your Stages registration, you may submit a request to Stages to request removal of your User Content by sending an email to email@example.com.
Mobile Services. Please be aware that when accessing the Service via the Site (on a mobile device) or App, your carrier's normal messaging, data and other rates and fees will apply. You are solely responsible for any internet connection fees or mobile device/telecommunication fees that occur when accessing the Service. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the App may be prohibited or restricted by your carrier or an app store, and the App may not work with all carriers or devices. Therefore, you should check with your carrier or the app store, as applicable, to find out if the App is available for your mobile device, and what restrictions, if any, may be applicable to your use of the App.