THIS IS A LEGALLY BINDING AGREEMENT.
Signature Network, Inc, and Fanfire.com ("Signatures Network," "Fanfire.com," "we," "us") and its agents and representatives make content, products and/or services available on this website on behalf of the musical recording and/or performing artist,POISON
You represent and warrant to us and Artist that you are at least13 years of age, and if under the age 18, are using this website under the active supervision of a parent, legal guardian, or other responsible adult. CHILDREN UNDER THE AGE OF 13 ARE NOT ALLOWED TO USE THIS WEBSITE OR SEND PERSONAL INFORMATION TO US. CHILDREN UNDER THE AGE OF 18 ARE NOT ALLOWED TO BECOME MEMBERS.
DO NOT COPY.
All content available on this site and the technology used to transmit it are protected by applicable laws and regulations regarding intellectual property rights and other proprietary rights. You agree not to reproduce, publish, copy, distribute in any manner, modify, adapt, edit or create derivative works of materials or content, or technology, available on or through this site.
You agree not to (and not to permit others to) use any portion or feature of this website to post or transmit content that:
- is false , misleading, defamatory, or harassing;
- is invasive of another's privacy;
- promotes bigotry, racism, hatred or harm against any group or individual;
- disrupts the flow of discussions in chat rooms;
- is obscene;
- infringes another's legal rights or violates and laws or regulations;
- constitutes unsolicited bulk e-mail, "junk mail," "spam," chain letters, or a "pyramid scheme,"
- is an attempt to impersonate another Member or person (including celebrities).
You may not use the website to sell, promote or advertise any product or service, or for a any other commercial purpose. You agree not to collect or store personal data about other users.
SWEEPSTAKES AND CONTESTS.
We may provide links to third-party sites; however, we have no control over these sites and are not liable the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by us or Artist.
We try to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Us is not as described, your sole remedy is to return it in unused condition.
RULES & REGULATIONS GOVERNING TICKET SALES
Prohibited Purchases & Sales.
We reserve the right to block access to or cancel a ticket order of any user that we believe, in our sole and absolute discretion: (i) is or is associated with any ticket broker or scalper, (ii) is utilizing automated means to process or place ticket orders, or (iii) whose ticket order exceeds the stated limit.
When purchasing tickets, you may be limited to a specified number of tickets for each event (also known as a "ticket limit"). This ticket limit is set at our sole discretion and the quantity is verified with every transaction. The ticket limits can vary by event and/or membership. We urge you to read the applicable rules, which are linked from the particular activity.
Ticket Sales are Final/Cancelled Events.
All ticket sales are final. There can be no exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. Cancelled and postponed events will, at our sole discretion, be rescheduled or refunded. Event dates, times, venues and subject matter, which are listed on the ticket, are subject to change. It is up to you to verify the most recent changes. Tickets may be substituted with comparable or better seat locations. Actual seat and row numbers may vary from those purchased on the Site. We reserve the right to determine what constitutes a "comparable" or "better" ticket for substitution purposes.
Content of Others.
You may not post the content of others in violation of any law, contract, third party intellectual property rights or other proprietary rights.
By uploading or posting content, you automatically grant us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, display, modify, adapt, publish, transmit and distribute such content in any form, medium or technology now known or later developed.
Member accounts and content may be monitored by us, but we are not obligated to do so. We are not obligated, but reserve the right, to alter or remove any content or postings in our sole discretion or as required by law.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts and/or memberships of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the website's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The website's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Office of the General Counsel
Signatures Network, Inc.
2 Bryant Street, Suite 300
San Francisco, CA 94105
Telephone: (415) 247-7400
Fax: (415) 247-7407
LIMITATIONS ON LIABILITY.
You acknowledge that we have unlimited discretion to establish general practices and limits concerning use of the website in our sole discretion.
WE MAKE NO REPRESENTATIONS ABOUT THE WEBSITE, INCLUDING THE SUITABILITY OF ANY CONTENT, INFORMATION, SERVICES, MEMBERSHIP, DOCUMENTS, AND GRAPHICS (COLLECTIVELY, "SITE CONTENT") CONTAINED IN ITS WEBSITE FOR ANY PURPOSE. THE WEBSITE AND ALL SITE CONTENT ARE PROVIDED FOR USE AT YOUR OWN RISK, "AS IS," WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE UNDER ANY THEORY OF DAMAGES TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, NOR SHALL WE BE RESONSIBLE FOR ANY LOST PROFITS OR LOST DATA, RESULTING FROM USE OF, INABILITY TO USE, OR TERMINATION OF THE RIGHT TO USE THE WEBSITE OR WEBSITE CONTENT OR MEMBERSHIP SERVICES.
You agree to indemnify and hold us and Artist, as well as our respective affiliates, subsidiaries, owners, employees, licensees, licensors, and agents(the "Indemnified Parties") harmless from and against any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against any of the Indemnified Parties arising out of your use of the website or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole and exclusive discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms. The foregoing indemnification survives expiration or termination of this Agreement.
Notices to us under this Agreement shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier services or by certified or registered mail, return receipt requested, to: Signatures Network, Attn: Legal Dept., 2 Bryant Street, Suite 300, San Francisco, CA 94105.
These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to any conflict of law provisions. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms. 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 website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION, BEFORE A SINGLE ARBITRATOR, IN LOS ANGELES, CALIFORNIA UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE AWARD MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE TERMS WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THESE TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF FOR ANY INTELLECTUAL PROPERTY RELATED CLAIMS IN ANY STATE OR FEDERAL COURT IN THE STATES OF CALIFORNIA, AND YOU HEREBY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS.
Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.