Last Updated January 9, 2015
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR OFFERINGS.
2. Offerings StageAgent provides a number of Offerings and/or Services (referred to as “Offerings”) for Members on its Site. Specifically, the Offerings provided by StageAgent.com include, but are not limited to, online social networking opportunities for the performing arts community helping connect performers, producers and other talented individuals. Unless explicitly stated otherwise, any new features that augment or enhance the current Offerings or Services, including the release of new StageAgent features, shall be subject to these Terms. You understand and agree that all StageAgent services are provided "as-is" and that StageAgent assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings.
3. Website Access In order to utilize StageAgent Offerings, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet. Although StageAgent works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific or consistent experiences from using the Site or Offerings available on this Site. By accessing and using StageAgent.com, you must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country or residence. Any new features or enhancements to the Site are subject to these Terms. Furthermore, you understand and agree that temporary interruptions of the Site may occur as normal events that are out of our
control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "as is" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, material posted by you, or personalization settings.
4. Intended StageAgent Users StageAgent.com is intended solely for users who are 13 years of age or older. Any use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent and a parent or legal guardian must complete and agree to your StageAgent Membership registration. Accordingly, by accessing and/or using our Site, you warrant that you are at least 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the term, condition, representations and warranties set forth in these Terms; otherwise, please exist the Site.
5. Rules of Behavior You are solely responsible for your own communications and content transmitted, including any data, images, graphics, text, audio, video, links, and screen names. You agree to use the Site only to transmit and receive communications and content that is legal and proper. Specifically, you must NOT use the Site to: Abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others; Violate the privacy rights of others; Transmit any material that is harmful, threatening, abusive, harassing, fraudulent, invasive of privacy or publicity rights, hateful, inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group); Solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personally identifiable information for commercial or unlawful purposes; Transmit anything that promotes or distributes pyramid schemes or chain letters, or other disruptive communications; Transmit anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the third party, which permissions you agree to disclose to us on our request; Impersonate another person or entity, which includes not using anyone else's username or password; Register for more than one User/Member account and/or register for a User/Member account on behalf of an individual other than yourself, and/or register for a User/Member account on behalf of any group or entity; Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including without limitation, addresses, phone numbers, email addresses, Social Security Numbers and/or credit card numbers; Reproduce, republish, or download any Site content without the prior express written consent of StageAgent; Transmit any material that you know or reasonably should know cannot be distributed legally, or for any illegal or unauthorized purpose; Transmit any viruses, worms, defects, or any items and/or code of a destructive nature; Transmit any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Site; Interfere or disrupt the Site or servers or networks connected with the Sire or disobey any requirements, procedures, policies or regulations of networks connected to the Sire; Create member accounts under any false or fraudulent pretenses (including by automated means) and/or create member accounts utilizing inaccurate, incomplete and/or false information;
Expressly state or imply that StageAgent or StageAgent.com is associated with, or endorses, or is in any way connected with you, your business, or any material you transmit using the Site; Retrieve, store or collect personal information about other users for any unauthorized purpose; Transmit, upload, share and/or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” and/or engage in any spamming or ad "slamming;” Harvest and/or collect email addresses or other contact information of other StageAgent users and/or members from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other form of communication; Utilize automated scripts to collect information from the Site or that interact with the Service or the Site.
WHILE STAGEAGENT EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE ENTIRELY AT YOUR OWN RISK. IN THE EVENT THAT YOU ARE EXPOSED TO PROHIBITED CONDUCT AND/OR CONTENT, NEITHER STAGEAGENT NOR ESTAGE ENTERPRISES, INC, SHALL BE HELD LIABLE. MOREOVER, STAGEAGENT DOES NOT AND HAS NO OBLIGATION TO MONITOR CONTENT TRASMITTED VIA THE SITE. YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, STAGEAGENT CAN TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE OR ANY RIGHT OF REFUND.
6. Content As a registered member or user, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials. This means that you, not StageAgent, have sole responsibility for all content that you upload, transmit or otherwise make available through the Site, and to make sure that you are in compliance with the Rules of Behavior relating to such content.
StageAgent does not control or monitor content transmitted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. StageAgent shall have no liability of any kind with respect to any content transmitted by you or other users of the Site. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you should not rely on any content created or transmitted by other users of the Site or otherwise created, distributed and displayed on any part of the Site. You will own the Content created by you or you will have been granted the prior permission to use it. StageAgent does not own any content you transmit through the Site. StageAgent shall have no responsibility for enforcing any rights you claim in any content, which shall be your responsibility entirely.
You agree to indemnify, defend and hold harmless StageAgent and its affiliates, agents, contractors, and employees from and against any claim regarding other users or members reproducing or using your content as well as for claims by other users that you are reproducing or using their content without permission. StageAgent will not arbitrate, mediate or resolve any intellectual property or other disputes between users and has no responsibility for doing the same. StageAgent may preserve and store your account information and content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the content violates the rights of third parties, to protect the rights, property or personal safety of StageAgent, its users and the public.
7. Use of StageAgent.com & Interacting with Other Site Members StageAgent solely provides its members with both an educational platform that allows member access to informational materials including, but not limited to, study guides and expert-written materials, as well as a networking and/or communications platform enabling connections between other StageAgent Members. Specifically, StageAgent provides a social community for performers, as well as producers and/or casting directors. Through the use of StageAgent.com, its members and/or users are provided marketing and/or networking tools allowing (for example) actors to discover and prepare for auditions, casting directors to discover new talents, and/or theatre companies to sell more tickets. Please note that StageAgent does not take part in the interaction between you and other members, nor does StageAgent have control over the quality, timing, legality, failure of connections, or any other aspect whatsoever of any ratings provided by you or other members, nor of the integrity, responsibility or any of the actions or omissions whatsoever of you or any members of the Site. StageAgent does not have control over the quality, timing or legality of interactions between members. StageAgent makes no representations about the suitability, reliability, timeliness, or accuracy of the interactions requested and provided by members identified through the Site whether in public, private, or offline interactions. Furthermore, StageAgent cannot confirm that each member is who he or she claims to be. StageAgent does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
The Service is only a venue for connecting members. Because StageAgent is not involved in the actual contact between members or in the completion of the interactions, in the event that you have a dispute with one or more members, you release Estate Enterprises, Inc., dba StageAgent.com (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) 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. StageAgent expressly disclaims any liability that may arise between users of its service. When interacting with other Site members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. Neither StageAgent nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. StageAgent and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
8. Advertisements and Links to Third Party Websites As a user of the Site you understand and agree that the Site may include advertisements. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that StageAgent shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Site. The Site, or third parties including users of the Site, may provide links to other websites or resources. StageAgent has no control over these websites and content and therefore you acknowledge that StageAgent is not responsible for the availability of such links, resources and content, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials made available on or from these linked web sites. You also acknowledge and agree that StageAgent is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or for any intellectual property or other third party claims relating to your posting or using such links.
9. Indemnity You agree to indemnify and hold StageAgent, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney's fees and costs, made by arising out of: (a) your use of the Site; (b) your violation of the TOU; and/or (c) your violation of any rights of another.
10. No Resale You agree not to, without the express prior written consent of Estage Enterprises, Inc. and/or StageAgent.com, to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site.
11. Modifications and Termination of the Site StageAgent.com and Estage Enterprises, Inc, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that StageAgent will not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
13. Registration In order to use the Site you will be required to register an account utilizing either an email address, or utilizing an existing third-party social media or network account including, but not limited to, Facebook, Twitter, or Google+ (hereinafter “Third-Party Account”). Registering on StageAgent.com allows you the ability to: Create a profile on StageAgent.com to display your photos, resume and other personal information; Connect with other StageAgent Members; Post and/or edit audition and performance announcements; Manage arts organization pages on StageAgent.com; Access special discounts on events; And interact with the Site and its content in order to vote for your favorite shows, authors, organizations and actors.
When you create a StageAgent account, we ask for some personal information, including but not limited to, your email address, first and last name, date of birth and geo-location based off of your IP Address as well as a request from your browser. If you choose to register utilizing an existing Third-Party Account, you represent that the information accompanying that Third-Party Account is true and accurate. By allowing us to access your existing social media account, you expressly acknowledge and agree that we may obtain and/or share your name and a profile picture, as well as the name and profile pictures of friends who are common friends with other StageAgent users in your network or geo-location. Moreover you allow StageAgent to post content onto your Third- Party Account, including but not limited to, updates to your Facebook “feed.” Please note that by accessing StageAgent through a Third-Party Account, such as Facebook, Twitter or Google+, you will be subject not only to our Terms but also to the terms applicable to those services. Please take precautions to protect your password and contact us if you believe an unauthorized person has accessed your account. Members may not register for more than one account, register for a User account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity. Members may cancel and/or terminate their accounts directly through StageAgent.com at any time using your Account Toolbox.
Furthermore, as a registered user, you:
– represent that you are of legal age to form a binding contract and are not a person barred from using the Site under the laws of the United States or other applicable jurisdiction.
– agree to provide true, accurate, current and complete information as required on the Site’s account registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, StageAgent has the right to suspend or terminate your account and refuse your current or future use of the Site.
– agree that StageAgent may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the Site. Cause for such termination shall include, but not be limited to: i) breaches or violations of the TOU or other policies, guidelines or rules, ii) your engagement in fraudulent or illegal activity, iii) unexpected technical or security issues, and iv) requests by law enforcement or other government agencies. You also agree that any termination is in StageAgent’s sole discretion and that StageAgent will not be liable to you or any third party for any termination of your account, password, username, access to the Site, or for deletion of content.
– agree that your account is non-transferable and any rights to your account, password,
username, terminate upon your death.
– are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password, account or any other breach of security, please contact StageAgent immediately. It is up to you to maintain the confidentiality of your password and account. StageAgent is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
14. StageAgent Pro Accounts: Certain content as indicated on StageAgent.com is only available through a StageAgent Pro Account (“Pro Account”). Members may choose to upgrade their Account to a Pro Account by selecting the upgrade via your Member’s Account Toolbox.
Pro Account Membership Fee: Pro Account Members are required to pay a recurring fee to utilize the Pro Account. Any additional terms related to the Pro Account and specifically the recurring fee associated with the Pro Account, may be presented to you during the registration process and are deemed part of these Terms.
Pro Account Recurring Billing: By starting your StageAgent Pro Account Membership, you are authorizing StageAgent to charge you an automatic recurring Membership Fee associated with the type of membership you chose during registration. You must select your preferred cycle of automatic renewal when registering for a Pro Account. The recurring Membership Fee may automatically renew either MONTHLY, every THREE MONTHS (90 days), or ANNUALLY. You also authorize StageAgent to charge you the Membership Fee at the then-current rate to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. You also authorize StageAgent to renew your Pro Account Membership and bill you the Membership Fee at the then-current rate against your Payment Method on the renewal date. YOU AUTHORIZE STAGEAGENT TO RENEW THE MEMBERSHIP UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP. The recurring renewal and payment dates depend on the current membership type at the time of renewal. You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes via e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card number, expiration date, etc., you may edit your Payment Method information from your Account Tool Box page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. YOU MUST PROMPTY NOTIFY STAGEAGENT IF YOUR PAYMENT METHOD IS CANCELLED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY. Please note, you must submit payment information through a third party payment processor such as, Stripe and/or PayPal and StageAgent does not store Credit Card information.
14.1 Pro Account: Ongoing Membership Your StageAgent Pro Account will continue in effect unless and until you cancel your membership or we terminate your membership. You authorize StageAgent to renew your membership automatically until you cancel your membership at the time of renewal. You may cancel your membership as per Section 14.2 of these Terms (located below).
14.2 Pro Account: Cancellation You may cancel your membership at any time by emailing us at email@example.com or via the Site through your Account Toolbox. Cancellation will be effective immediately. If you cancel prior to the end of the current billing period, you will continue to have access to the program until that billing period ends. However, if you fail to cancel your membership before a new billing period begins you will be charged the Membership Fee at the then-current rate for that billing period plus any applicable tax to the Payment Method you provided. We do not provide refunds or credits for any partially used billing periods.
15. Promoted Posts In addition to free event positing, StageAgent Members may also be presented with the opportunity to promote their events by purchasing “Promoted Posts.” Promoted posts may provide increased exposure for your promoted events, such as performances and auditions. Promoted posts are also granted certain privileges and priorities, including but not limited to, being listed at the top of relevant pages of StageAgent.com, featured in email newsletters circulated to StageAgent.com Members and distributed to StageAgent Members by various other means.
Promoted Posts Billing: In order to purchase a Promoted Posts, StageAgent Members are required to pay a recurring fee. Any additional terms related to the Promoted Posts and specifically the recurring fee associated with the Promoted Post, may be presented to you during the purchasing process and are deemed part of these Terms.
Promoted Posts Recurring Billing: By purchasing a Promoted Post based on a recurring billing cycle, you are authorizing StageAgent to charge you an automatic recurring Fee associated with the type of promoted post you chose during the purchase. You must select your preferred cycle of automatic renewal when purchasing the Promoted Posts. The recurring Fee may automatically renew either WEEKLY or MONTHLY. You authorize StageAgent to charge you the Fee at the then-current rate to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. You also authorize StageAgent to renew your Promoted Post and bill you the Fee at the then-current rate against your Payment Method on the renewal date. YOU AUTHORIZE STAGEAGENT TO RENEW THE FEE UNLESS AND UNTIL YOU CANCEL THE PROMOTED POST. You acknowledge that the amount billed each billing period may vary and you authorize us to charge your Payment Method for such varying amounts. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes via e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card number, expiration date, etc., you may edit your Payment Method information from your Account Tool Box page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. YOU MUST PROMPTY NOTIFY STAGEAGENT IF YOUR PAYMENT METHOD IS CANCELLED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY. Please note, you must submit payment
information through a third party payment processor such as, Stripe and/or PayPal and StageAgent does not store Credit Card information.
16. No Endorsements StageAgent does not endorse or recommend any particular StageAgent Member on the Site. Any statements, programs, opinions, or other information that may be provided to you by any individual via StageAgent.com, including but not limited to, performers, casting directors or producers, or any other StageAgent Members, are solely attributable to the that individual - not StageAgent or the Site. Reliance on any information provided by any Member on or through the Site is solely at your own risk. StageAgent makes no representations or warranties as to the conduct, ability or the efficacy, accuracy, completeness, timeliness or relevance of the information provided by other Members and/or any ancillary services provided by said StageAgent Members or by third parties featured on the site. In no event shall StageAgent be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, resulting from your use of any information, program or suggestion provided to you by any Member or communications or meetings between members of or any other persons you meet through the site. You agree to take reasonable precautions in all interactions with other members, particularly if you decide to meet offline or in person.
17. Practices Regarding Use and Storage You acknowledge that StageAgent may establish general practices and limits regarding use of the Site including without limitation the maximum number of messages that may be sent or received from an account of the Site and the maximum size of any message that may be sent from or received by an account of the Site. You agree that StageAgent has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Site. You further acknowledge that StageAgent has the right to modify these practices and limits from time to time.
18. StageAgent Proprietary Rights You acknowledge and agree that the Site and any other software used in connection with the Site ("Software") contain proprietary and confidential information that is the property of StageAgent and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Site or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by StageAgent or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer, or create derivative works based on, the Site or Software, in whole or in part. You also acknowledge StageAgent’s exclusive rights in the StageAgent trademark and/or service mark.
19. Disclaimer of Warranties The use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ESTAGE ENTERPRISES, INC, AND/OR STAGEAGENT, ITS MEMBERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STAGEAGENT MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) THAT ANY ERRORS IN THE SITE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from StageAgent or through or from the Site shall create a warranty not expressly stated in the TOU.
20. Limitation of Liability IN NO EVENT WILL STAGEAGENT, STAGEAGENT.COM, ESTAGE ENTERPRISES, INC., OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. DMCA Takedown Notice StageAgent respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, StageAgent may, but is not obligated to disable, suspend and terminate the accounts of users of the Site who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated please contact StageAgent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
2. A description of the material you claim is infringing located on the Site;
3. A description of where the material that you claim is infringing is located on the Site,
sufficient for StageAgent to locate the material.
4. You name, address, telephone number, and email address (if any);
5. A statement claiming that you have a good faith belief that the disputed use has not been
6. A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
You may submit this information via: Email: firstname.lastname@example.org Mailing Address: StageAgent.com P.O. Box 1296 Palo Alto, CA 94301
22. DMCA Counter-Notification If you believe that your material has been removed by mistake or misidentification, please provide StageAgent with a written counter-notification containing the following information:
1. Your name, address, and telephone number.
2. A description of the material that was removed and the location where it previously
3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which StageAgent may be found (which includes the United States District Court for the Southern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
5. Your electronic or physical signature.
You may submit this information via: Email: email@example.com Mailing Address: StageAgent.com P.O. Box 1296 Palo Alto, CA 94301
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within thirty (30) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter- notification may not be processed. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
23. Governing Law You agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, and equitable claims) between StageAgent members and StageAgent and/or Estage Enterprises, Inc, arising from or relating to this agreement, its interpretation, or breach, termination or validity thereof, the relationships which result from this agreement, StageAgent’s advertising, or any related purchase shall be governed exclusively by the laws of the State of California without regard to conflicts of law.
24. Successors; Assignment; No Third Party Beneficiaries This TOU is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this TOU. No third party shall have any rights hereunder.
25. General Information
– The failure of StageAgent to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOU is
found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
– The section titles in the Agreement are for convenience only and have no legal or
– Nothing contained in the TOU shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain responsible for its own actions.
– You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU to StageAgent at firstname.lastname@example.org.