Last up date: 06/01/2007 - effective immediately
This agreement can be modified at anytime
Welcome to SHOWSINTHEUS.COM
1 / WHO WE ARE
When we say “we” or “Showsintheus.com” in this privacy policy statement, we mean Shows in the us, Inc., a California corporation, and those of its corporate subsidiaries used to provide listing and ticketing services in the United States and Canada that operate primarily under the “Showsintheus.com” brand name. Accordingly, all information we receive may be shared among the different parts of Showsintheus.com in connection with the operation of Shows in the us, Inc.
When we say “Showsintheus.com”, we mean:
showsinalabama.com, showsinalaska.com, showsinarizona.com, showsinarkansas.com, showsincalifornia.com, showsincarolina.com, showsincolorado.com, showsinconnecticut.com, showsindakota.com, showsindelaware.com, showsinflorida.com, showsingeorgia.com, showsinhawaii.com, showsinidaho.com, showsinillinois.com, showsinindiana.com,
showsiniowa.com, showsinkansas.com, showsinkentucky.com, showsinlouisiana.com, showsinmaine.com, showsinmaryland.com, showsinmassachusetts.com, showsinmichigan.com, showsinminnesota.com, showsinmississippi.com, showsinmissouri.com, showsinmontana.com, showsinnebraska.com, showsinnevada.com, showsinnewhampshire.com, showsinnewjersey.com, showsinnewmexico.com, showsinnewyork.com, showsinohio.com, showsinoklahoma.com, showsinoregon.com, showsinpennsylvania.com, showsinrhodeisland.com, showsintennessee.com, showsintexas.com, showsinutah.com, showsinvermont.com, showsinvirginia.com, showsinwashington.com, showsinwashingtondc.com, showsinwisconsin.com, showsinwyoming.com
are subsidiaries websites of “Showsintheus.com”.
Services
Showsintheus.com is a Site designed to connect venues, bands, and artists in general with the public at large about all events of interest in their locale.
Information We Collect From You
In order to operate the Site and provide you with information or products and services that may be of interest to you, we may collect “contact information” (i.e., information such as full name, postal address, phone number, and email address as well as your computer’s unique IP address, if any. In addition, we may also collect “demographic information” (e.g., zip code, hometown, gender) from you as well. Please note that we won’t collect any “financial information” (credit card data) unless you purchase a ticket.
Terms of Use: Privacy Policy
The following are the Terms of Use (“Terms”) that govern use of the Showsintheus.com web sites (collectively, the “Site”). When we say the “Site”, we are also referring to all the sections of the Site. 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. Showsintheus.com and its related entities (collectively “Shows in the us Inc.”, or “we”) reserve the right to change these Terms at any time, without advance notice, effective immediately upon posting to the Site. Please check this page of the Site periodically, as we may update it from time to time. If you violate these Terms, Showsintheus.com may terminate your use of the Site, bar you from future use of the Site, cancel tickets you receive through the Site, cancel your ticket order, and/or take appropriate legal action against you. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in our privacy policy at that time. Please review our privacy policy periodically, as we may update it from time to time as well. Please note that by using the Site, you agree you are expressly and affirmatively consenting to our use and appropriate disclosure of the information that you provide, and consenting to receive messages, as described below in this privacy policy statement.
2 / HOW TO BECOME A MEMBER
Requirements
To be a member of this Site, you must agree to accept the terms and conditions of this Agreement.
Registration
You must be registered with us before listing any events or selling any tickets. To register, you must provide your real name, business name and address, and email address.
Member Name and Password
You will need a member name and password to access the Site and use the services. You are solely responsible for maintaining the security of your member name and password and for all activity that occurs under your member name and password. You should not disclose your member name or password to any other person, because you alone are solely responsible for any and all action taken under your member name and password.
3 / TICKET INFORMATION
Ticketing Service Provider
Showsintheus.com is a web site service that allows members who want to buy tickets (“Buyers”) to find venues who want to sell their tickets (“Sellers”). It is crucial to recognize that we simply act as a neutral facilitator to allow the purchase and sale of tickets. We are not involved in the actual transactions between Buyers (we don’t buy) and Sellers (we don’t sell).
Purchaser may be able, in some instances, to purchase tickets directly from the venue box office without paying Showsintheus.com's convenience fee.
Currency
All ticket prices for events that occur in the United States are stated in U.S. Dollars (“USD”).
Responsibility
Showsintheus.com will not be responsible or otherwise liable for any use or disclosure of your contact information by a third party to whom Showsintheus.com is allowed to disclose your contact information under this privacy policy.
4 / THINGS THAT WE DON’T ALLOW
Adult material, and ALL subjects out of Art, Music or Entertainment.
You agree not to list, sell or buy any adult materials, obscene materials, or pornographic materials through this Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so. You agree not to post or list, directly or indirectly (through banners) any links or content to adult or inappropriate web sites.
Illegal Activity
You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, authentication, 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, you may be prohibited from using the Site.
Although Showsintheus.com cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information from this Site in order to harass, abuse or harm any other person, or in order to contact, advertise to, solicit or to sell to any Site user without their prior explicit consent.
Any illegal or unauthorized use of the Site shall constitute a violation of these Terms. You do not have permission to access the Site in any way that violates these Terms. Illegal or unauthorized use of the Site includes, but is not limited to, using the Site to facilitate illegal ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, software or routine or other automated process on the Site, that interferes with the proper working of the Site.
Changes to this Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Material changes to this policy will be posted on this Site and be effective immediately. 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, and to restrict access to any part or to all, without notice to you. We shall not be liable to you or to any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
Business Transitions
In the event Showsintheus.com is a party to a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on our Site for a period of 30 days following a change of ownership or control of their personal information, if personal information will be used contrary to this policy. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of initial collection, users will be given the option to continue sharing their information consistent with our notification of changes section. However, nothing in this privacy policy is intended to interfere with the ability of Showsintheus.com to transfer all or part of its business and / or assets (including the Site), for any purposes, without any limitation whatsoever. Showsintheus.com specifically reserves the right to transfer or share a copy of personally identifiable information collected from its Site to the buyer of that portion of its business relating to that information.
Our Contacts
Shows in the us, Inc., is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, nonprofit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information for promoting the use of fair information practices. This privacy statement covers the site http://www.showsintheus.com. Because Showsintheus.com wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
Users with questions or concerns regarding their privacy or this statement should contact Showsintheus.com Customer Service at:
Shows in the us, Inc.
PO Box 46505
Los Angeles, CA 90046 - USA
To send us a message: see link below
What We Collect
When you browse through our Site, we collect basic information about your computer, browser and connection to make sure that we can give you proper information and customer service and for security purposes. In addition, we collect aggregate information on what pages visitors, or members access or visit in order to improve our Site.
5 / WE OWN THE INTELLECTUAL PROPERTY RIGHTS - SITE AND SERVICE
Ownership of Intellectual Property
You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) is and shall remain our sole private property, and (ii) nothing in this Agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of Showsintheus.com’s Intellectual Property.
Copyright - Trademark
Shows in the us is a registered Trademark - Copyright © 2007 Shows in the us, Inc. The software and the Site, including, without limitation, all text, graphics, logos, buttons, icons, images, audio clips, and computer programs are the property of Showsintheus.com or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Showsintheus.com and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content of the Site is strictly prohibited.
Any and all copyrights, trademarks or tradenames used, listed by any lister on Showsintheus.com website are for descriptive purpose only. We are not acting on the authority of or by the permission of any of the above mentioned entities. Any problem, contact us.
6 / ADDITIONAL TERMS THAT AFFECT OUR AGREEMENT
No Agency
You and Showsintheus.com are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
Notices
Except as expressly stated otherwise, all notices to Showsintheus.com shall be sent in the message addresses provided on the Site (e.g., customerservice@showsintheus.com). Our street address is PO Box 46505., Los Angeles, CA 90046. Except as expressly stated otherwise, all notices to you shall be sent to your message area. Such notice shall be deemed given 3 business days after the message is sent.
Governing Law-Arbitration
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our Intellectual Property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Los Angeles, California, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our Intellectual Property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Los Angeles, California, U.S.A.
Miscellaneous
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Showsintheus.com, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
7 / WHAT WE DON’T WARRANT – DISCLAIMERS AND LIMITATIONS
No Warranty
EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, SHOWSINTHEUS.COM PROVIDES THE SOFTWARE, SITE AND SERVICES ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SHOWSINTHEUS.COM MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, ANY TICKETS, ANY EVENT, THE SERVICES IT PROVIDES, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED, AND SHOWSINTHEUS.COM EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY, TITLE, NON - INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Waiver of Consequential Damages; Liability Limit
SHOWSINTHEUS.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT AND SPECIAL DAMAGES) THAT MAY RESULT FROM THE SERVICES, THE SITE, OR THE SUSPENSION, TERMINATION OR MALFUNCTION OF THE SERVICES OR THE SITE. THE LIABILITY OF SHOWSINTHEUS.COM TO YOU OR ANYONE ELSE IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) $100, OR (B) THE TOTAL DOLLAR AMOUNT OF ALL TICKETS AND OTHER ITEMS YOU BOUGHT AND/OR SOLD VIA SHOWSINTHEUS.COM IN THE 12 MONTHS PRIOR TO THE ACTION ALLEGEDLY GIVING RISE TO LIABLITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Allocation of Risk
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATION OF RISK.
Tax Indemnity
You agree that Showsintheus.com is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Showsintheus.com and (if applicable) any parents, subsidiaries, affiliates, officers, directors, members, agents and employees harmless from and against any and all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by Showsintheus.com that arise out of any third party or government claim that involves, relates to or concerns(i) any federal, state or county tax obligation or amounts due and owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Showsintheus.com.
Change or Suspension of Site
Showsintheus.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control.
Regular Maintenance
Each morning, the Site could be temporarily unavailable from 2am-5am Pacific time for regular maintenance.
Copyright © 2008 Shows in the us, Inc. All rights reserved
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