Terms Of Service
Terms of Service
By using or visiting the Site, you expressly agree to be
bound by these Terms and to follow these Terms and all applicable laws and
regulations governing the Site. BackstagePassDirect reserves the right to
change these Terms at any time, effective immediately upon posting on the Site.
Please check this page of the Site periodically. If you violate these Terms,
BackstagePassDirect may terminate your use of the Site, bar you from future use
of the Site, cancel
Backstage Passes you receive through the site, cancel your
Permitted Use
You agree that you are only authorized to visit, view and to
retain a copy of pages of this Site for your own personal use, and that you
shall not duplicate, download, publish, modify or otherwise distribute the
material on this Site for any purpose other than to review event and
promotional information, for personal use, or to order or purchase Backstage
Passes, unless otherwise specifically authorized by BackstagePassDirect to do
so. You also agree not to deep-link to the site for any purpose, unless
specifically authorized by BackstagePassDirect to do so. The content and
software on this Site is the property of BackstagePassDirect and/or its suppliers
and is protected by
Truthfulness and
Accuracy of the Information You Provide; Compliance with Laws; Verifications
and Authorizations
The sale or purchase of Backstage Passes to entertainment events may be regulated by certain states, counties and cities. You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or Backstage Passes you provide during any registration, ordering, purchase, Backstage Pass 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 Backstage Passes may be cancelled and you may be prohibited from using the Site.
Links and Search
Results
The Site may automatically produce search results that reference or link to third party sites throughout the Internet. BackstagePassDirect has no control over these sites or the content within them. BackstagePassDirect cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. BackstagePassDirect does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against BackstagePassDirect for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
Prohibited Content
The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:
* Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
* Harasses or advocates harassment of another person;
* Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
* Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
* Displays pornographic or sexually explicit material of any kind;
* Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
* Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
* Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
* Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Offline Conduct
Although BackstagePassDirect cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
Commercial Use
You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not use the Site to resell or link to other sites for the purpose of selling Backstage Passes of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to this Site or cancel a Backstage Pass order or a Backstage Pass with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms or BackstagePassDirect's rights, or utilizing automated means to process or place Backstage Pass orders, or who has ordered a number of Backstage Passes that exceeds the stated limit. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.
Access and
Interference
You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or Backstage Passing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of BackstagePassDirect.
Unauthorized Use of
the Site
Any illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Site includes, but is not limited to, using the site to facilitate illegal Backstage Pass sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert) to request, more than 1000 pages of the Site in any twenty-four hour period (hereafter referred to as "Abusive Use"); or (b) to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a pre-sale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from BackstagePassDirect, or from the fan club or other organization with whom BackstagePassDirect is working to enable such pre-sale or offer) or if your participation in such pre-sale or other offer is inconsistent with such pre-sale's or offer's terms.
Suspected Violation
of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated
Damages
Violations of these Terms of Use, including Unauthorized Use of the Site, may beinvestigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in BackstagePassDirect's sole discretion, and without prior notice, BackstagePassDirect may terminate your access to the Site, cancel your Backstage Pass order or Backstage Passes acquired through your Backstage Pass order, cancel your Backstage Pass postings, remove any unauthorized User Content or exercise any other remedy available, if BackstagePassDirect believes that your conduct or the conduct of any person with whom BackstagePassDirect believes you act in concert, or the User Content you provide, or any resale of such Backstage Passes purchased through BackstagePassDirect, violates or is inconsistent with these Terms or the law, or violates the rights of BackstagePassDirect, a client of BackstagePassDirect or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to BackstagePassDirect for violations of these Terms and you consent to injunctive or other equitable relief for such violations.You agree that Abusive Use of the Site, as defined above, causes damage and harm to BackstagePassDirect in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient 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 1000 pages of the Site 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 ten dollars ($10.00) per page request each time that a page request is made after that first 1000 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 of Use being in effect.BackstagePassDirect 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 BackstagePassDirect's rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site 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 all of the Site 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.
Privacy
We believe that your privacy and the privacy of all our users is important. As such, there are no circumstances under which we will share or disclose your personal information to third parties, except if required by law or matters of public safety.
Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so.
Disclaimers
BackstagePassDirect DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. BackstagePassDirect DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BackstagePassDirect WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. BackstagePassDirect MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE BackstagePassDirect SERVICE.BackstagePassDirect DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, BackstagePassDirect USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE BackstagePassDirect SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE BackstagePassDirect SERVICE. BackstagePassDirect IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to BackstagePassDirect. BackstagePassDirect may investigate the claim and take appropriate action, in its sole discretion.
Limitation on
Liability
IN NO EVENT WILL BackstagePassDirect BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVNUES OR BUSINESS OPPORTUNITIES, EVEN IF BackstagePassDirect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes
If you have a dispute and your dispute involves an event (or a Backstage Pass for an event) that is located in the United States, then the dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Broomfield County, CO.
Indemnity
You agree to indemnify and hold BackstagePassDirect and its affiliates, and each of BackstagePassDirect's and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Additional Policies
Our goal at BackstagePassDirect is to make your membership experience easy and efficient, so we can get you on your way to go backstage at live events as quickly as possible. The following policies are designed to ensure your satisfaction and understanding of the process on BackstagePassDirect. If you have any questions about the information below, please Contact Us. These Policies are subject to, and incorporate by this reference, the Terms of Service.
Payment Methods
BackstagePassDirect accepts several methods of payment to accommodate your needs, all via the PayPal payment portal. BackstagePassDirect accepts American Express, Visa, MasterCard, Discover and bank e-checks.
Who You Are Buying
From
Your membership in BackstagePassDirect provides you with the opportunity to obtain backstage passes to a wide range of entertainment types and venues. BackstagePassDirect acts as the agent to those who are promoting or otherwise providing the events for which you purchase Backstage Passes, such as venues, artists' representatives, and promoters ("Event Providers"). BackstagePassDirect generally is therefore only a services provider with respect to the sale.
Pricing and
Availability
Although BackstagePassDirect sells Backstage Passes on
behalf of others,
BackstagePassDirect has set the
Order Confirmation
If you do not receive a confirmation (in the form of a confirmation email) after submitting a request for a Pass, or if you experience an error message or service interruption, it is your responsibility to confirm with our Member Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the order process. BackstagePassDirect will not be responsible for losses if you assume that an order was not placed because you failed to receive confirmation.
Amount of Backstage
Passes Per Customer or "Backstage Pass
Limits"
When purchasing Backstage Passes on BackstagePassDirect, you
are limited to a maximum of five Backstage Passes for each event (also known as
a "
Cancelled and
Rescheduled Events
Refunds are available for all Backstage Passes where the event has been cancelled. If an event is rescheduled and it is not to your satisfaction, you are responsible for returning the Passes and requesting a refund.
Opening Acts
Opening acts or guests may sometimes tour with headlining performers. BackstagePassDirect is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or canceled.
Refunds and Exchanges
Before purchasing Backstage Passes, carefully review your
event since the purchase of Passes is non-refundable, except under the
conditions in Cancelled and Rescheduled Events above. Policies set forth by our
clients, including venues, and theaters, may prohibit
BackstagePassDirect from issuing exchanges or refunds after a
Billing Information
Verification
Orders are processed only after a billing address, and other
billing information, has been verified. Occasionally, we receive incorrect
billing or credit card account information for a
Multiple Browser
Windows
When ordering Backstage Passes online with
BackstagePassDirect, please ensure you are looking for Backstage Passes and
placing an order using only one browser window. Looking up Backstage Passes
using multiple browser windows could result in losing your
Limitation of
Liability
Objects may fly into the backstage area during an event.
Despite shielding, injury can occur. Stay alert at all times before, during and
after the performance. If struck, immediately ask for directions to a medical
station. By purchasing a
License; Ejection and
Cancellation; No Redemption Value
Event Providers reserve the right, without refund of any amount
paid, to refuse admission to, or eject, any person whose conduct management
deems disorderly, who uses vulgar or abusive language or who fails to comply
with Event Provider rules. Breach of terms or rules will terminate your right
to attend the event without refund. A
Recording,
Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission to utilize your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after performance) in any medium or context without further authorization or compensation.
You Are Subject to
Search
You and your belongings may be searched on entry. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Re-Sale of Backstage
Passes; Commercial Purposes
Resale of
