VIASTAGE.COM TERMS OF USE FOR ALL USERS

ViaStage (“ViaStage” or “us” or “our”) operates this website, www.viastage.com, and any certain individual sites we have now or in the future. The website, the information contained on the website, and all links contained therein will be collectively referred to as the “Site” in these Terms of Use. By using our Site and our services provided through the Site, you (“you” or, “User”) agree to these Terms of Use, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any particular Venue (as defined below), as any of the same may exist from time to time (collectively, the “Terms of Use” or “Agreement”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE.

1. Use of Site. The Site provides an interactive online service operated by ViaStage, consisting primarily of an online means for various venues for live entertainment (“Venues”) to promote and market certain live entertainment events that they may be hosting from time to time (“Live Event”), for artists to engaging in online networking with other artists and venues, and for Users of the Site to search for various Live Events that are being hosted by various Venues. By using the Site you agree to at all times comply with these Terms of Use. You may only make use of the Site for your own non-commercial use and enjoyment, for legitimate purposes only. Any information you submit to the Site must be accurate, true, complete and correct.
You acknowledge that there may be interruptions in service or events that are beyond our control. You further acknowledge that the Site does not independently confirm the accuracy of any information posted by a Venue with regard to any Live Event, and therefore the Site provides no warranty with respect to the accuracy of any information posted by a Venue including, but not limitation the time, date and location of any particular Live Event. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. ViaStage retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason. Users of this Site and the services rendered therein must be over the age of 13, as the Site is not intended to be used by any Users under the age of 13.
All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. You agree to use the Site only for lawful purposes and only for your personal and non-commercial use. Notwithstanding the foregoing, Users may post any Live Events to social media websites including, but not limited to Facebook, Twitter, and other similar such websites.
Everything located on or in this Site is the exclusive property of ViaStage or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCRAPING, OR OTHERWISE MODIFYING OF THIS SITE (INCLUDING ANY INFORMATION CONTAINED THEREIN) WITHOUT THE EXPRESS WRITTEN PERMISSION OF VIASTAGE IS EXPRESSLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You agree not to upload, share, submit, post, transmit, email, send to or otherwise make available to the Site, or otherwise transmit, share, post or send to any communication to a third party (through the Site’s messaging system or otherwise) any content:
a) That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) That is pornographic, depicts a human being engaged in actual sexual conduct or any material which is sexual in nature;
c) That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) That impersonates any person or entity, including, but not limited to or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) That includes personal or identifying information about another person without that person’s explicit consent and/or express permission;
f) That is false, deceptive, misleading, deceitful, argumentative, or misinformative in any way;
g) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unsolicited commercial advertisements;
i) That constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed the Site or its Users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
j) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) That disrupts the normal flow of dialogue with an excessive amount of Content (also known as a “flooding attack”) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
l) That employs false or misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site; or
m) That is otherwise illegal or relate to illegal activities.

2. Copyright and Trademark. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ViaStage or the copyright owner is permitted. The term “ViaStage” is a trademark of ViaStage. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
The Site and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to the ViaStage website design, the ViaStage logo and other related trade dress.
The content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ViaStage.
You further agree not to reproduce, duplicate or copy any content from the Site without the express written consent of ViaStage, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.
You automatically grant and you represent and warrant that you have the right to grant, to ViaStage a royalty-free, irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, publicly perform, display, distribute, adapt, enhance, edit, translate, modify or reproduce from, any content that you upload, transmit to, or otherwise display on the Site, and to prepare derivative works of, or incorporate into other works in any medium now in existence or hereinafter developed without restriction for any purpose including commercial purposes without any compensation to you, said content, and to grant and authorize sublicenses of the foregoing without any acknowledgement or compensation to you.
Furthermore, by uploading, sharing, submitting, posting, transmitting, emailing, sending or otherwise making available to the Site any information, data or content, you automatically grant ViaStage an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to generate revenue from said content by any means now in existence or hereinafter developed including, but not limited to advertising, subscriptions, display, publication, periodicals and promotions without any acknowledgement or compensation to you. By accepting the terms of this Agreement, you expressly agree and acknowledge that you shall not be entitled to any compensation whatsoever nor shall you share in any revenue generated by any activities or usage of the Site, by any content uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Site by you at any time or by ViaStage itself.
Any content, data or information that is uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Site by you include, but are not limited to text, articles, comments, messages, forum postings, files, text, images, photographs, videos clips, sounds, data or any other information or data transmissible over the Internet. The Site includes any area or online resource that the user has access to and/or where the user has the ability to upload, share, submit, post, transmit, email, send or otherwise make available any content to the Site, ViaStage computer servers or to ViaStage itself.
In addition, by uploading, sharing, submitting, posting, transmitting, emailing, sending or otherwise making available to the Site your content, you automatically grant ViaStage all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of your content by any party for any purpose.

3. Account Creation. If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

4. Live Events. The Venue is the host of the Live Event and is fully responsible for all goods and/or services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to your attendance at a Live Event or not. You waive and release ViaStage and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Venue and/or Live Event in connection with your attendance of a Live Event at any particular Venue or the goods or services that a Venue provides in connection with your attendance at a Live Event. IN NO EVENT IS VIASTAGE OR ITS OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION PROVIDED BY A VENUE WITH REGARD TO A LIVE EVENT, INCLUDING WITHOUT LIMITATION THE TIME, DATE OR LOCATION OF ANY PARTICULAR LIVE EVENT. FURTHERMORE, IN NO EVENT IS VIASTAGE OR ITS OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS RESPONSIBLE FOR THE QUALITY OF THE VENUE OR THE LIVE EVENT, OR ANY GOODS RECEIVED OR SERVICES RENDERED BY (OR FACILITATED THROUGH) THE VENUE HOSTING ANY PARTICULAR LIVE EVENT.

5. Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER VIASTAGE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, OWNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, DATA, OR SERVICES PROVIDED THROUGH THIS SITE OR TRANSMITTED TO YOU BY ANY ARTIST FROM THE SITE OR ANY MESSAGING SYSTEM EMPLOYED BY THE SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIASTAGE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VIASTAGE FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY INFORMATION PROVIDED BY A VENUE WITH REGARD TO A LIVE EVENT, INCLUDING WITHOUT LIMITATION THE TIME, DATE OR LOCATION OF ANY PARTICULAR LIVE EVENT. YOU ACKNOWLEDGE AND AGREE THAT VIASTAGE IS NOT RESPONSIBLE FOR CHECKING, CONFIRMING, OR INDEPENDENTLY VERIFYING ANY INFORMATION OR DATA RELATED TO ANY LIVE EVENT DISPLAYED, DISSEMINATED OR POSTED BY ANY VENUE.

6. Limitation of Liability. IN NO EVENT SHALL VIASTAGE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE. IN NO EVENT WILL VIASTAGE LIABILITY IN CONNECTION WITH A VIASTAGE EXCEED THE AMOUNT PAID BY YOU FOR THE PRICE OF ONE (1) ADMISSION TICKET TO THE LIVE EVENT AT ISSUE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE THOUSAND DOLLARS, WHICHEVER IS LESS.

7. Dispute Resolution. EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using this Site you agree that any claim, dispute, or controversy you may have against ViaStage or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with this Agreement this Site or the attendance of any Live Event, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Chicago, Illinois, or at such other location as may be mutually agreed upon by you and ViaStage; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or ViaStage’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or services shall be governed by the internal laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision set forth above shall be governed by the Federal Arbitration Act.
You agree that any claim against ViaStage arising out of this Agreement, your use of the Site, or your attendance of any particular Live Event at any particular Venue, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
If the ViaStage employs attorneys to enforce any rights arising out of or relating to these Terms of Use or to defend itself in any claim brought by you, a Venue, and/or any Live Event, you shall reimburse ViaStage for its reasonable attorneys’ fees. In the event that you, a Venue, and/or any Live Event brings any claims against ViaStage that are ultimately unsuccessful, you agree to reimburse ViaStage for any attorneys fees incurred in connection with the defense of the unsuccessful claims brought by you.

You hereby waive all right to initiate any class action lawsuit or arbitration against ViaStage, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against ViaStage. In the event that ViaStage brings any action against you to enforce any provision or right under these Terms of Use, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.

8. Third Party Websites. The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

9. Indemnification. You agree to defend, indemnify and hold harmless ViaStage, its subsidiaries, affiliates and their respective directors, officers, owners, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms of Use.
You are solely responsible for your interactions with and attendance to any particular Venue or Live Event, as well as to any other users of the Site. To the extent permitted under applicable laws, you hereby release ViaStage from any and all claims or liability related to any product or service of a Venue and/or Live Event, any action or inaction any particular Venue and/or Live Event, including a Venue or Live Event’s failure to comply with applicable law and/or failure to abide by these Terms of Use, and any conduct or speech, whether online or offline, of any other user.

10. Approval; Termination. VisStage reserves the right to approve or disapprove any artist or venue seeking access to the Site in its sole discretion. ViaStage may terminate these Terms of Use at any time. Without limiting the foregoing, ViaStage shall have the right to immediately terminate or suspend any of your passwords or accounts in the event ViaStage considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

11. Miscellaneous Terms. We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we may (but are not required to) notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective immediately upon our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site and for all Live Events posted by any Venue after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.
No waiver by either you or ViaStage of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
The provisions of these Terms of Use apply equally to and are for the benefit of ViaStage, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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