Terms and Conditions (“Terms”)
Last updated: January 1, 2017
Thanks for using our products and services (“Services”). The Services are provided by Fan Central Station, Inc. (“FCS” or “Company”).
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms, for any reason at any time, by posting a new version on Our Application; these changes do not affects rights and obligations that arose prior to such changes. Your continued use of Our Application following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Application in any way, your only recourse is to immediately terminate use of Our Application.
1. We do not sell Live Entertainment Products
Our Application is a live entertainment search engine. FCS does not provide, own or control any of the live entertainment services or products that you can access through Our Application, such as tickets, merchandise, audio and video streaming, or transportation services (the “Live Entertainment Products”). The Live Entertainment Products are owned, controlled or made available by third parties (the “Live Entertainment Providers”) either directly (e.g. entertainment content producer) or as an agent (e.g. ticketing company). The Live Entertainment Providers are responsible for the Live Entertainment Products. The Live Entertainment Provider’s terms and privacy policies apply to your purchase so you must agree to, and understand those terms. Further, the terms of the actual Live Entertainment Provider (musical performance, baseball team, transportation provider, etc.) apply to your purchase, so you must also agree to and understand those terms. Your interaction with any Live Entertainment Provider accessed through Our Application is at your own risk and FCS does not have any responsibility should anything go wrong with your purchase or during the production of the live entertainment.
The display on Our Application of a Live Entertainment Product or Live Entertainment Provider does not in any way imply, suggest, or constitute a recommendation by FCS of that Live Entertainment Product or Live Entertainment Provider, or any sponsorship or approval of FCS by such Live Entertainment Provider, or any affiliation between such Live Entertainment Provider and FCS.
FCS hosts content, including prices, made available by or obtained from Live Entertainment Providers. FCS is in no way responsible for the accuracy, timeliness or completeness of such content. Since FCS has no control over the Live Entertainment Products and does not verify the content uploaded by the Live Entertainment Providers, it is not possible for us to guarantee the prices displayed on Our Application. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a purchase is the one you expected. At FCS, we don’t set the prices, so it’s not possible for us to guarantee what other companies are selling.
2. Purchases through FCS
If you purchase Live Entertainment Products through Our Application, that purchase is made with the Live Entertainment Provider named on the purchase page and Our Application only acts as a user interface. Accordingly, FCS has no responsibility for the purchase or the Live Entertainment Product because FCS is not involved in creating the description of the Live Entertainment Product, in defining the price and any fees, and in providing the Live Entertainment Products that you purchase. If you have any issues or disputes around your purchase and/or the Live Entertainment Product, you agree to address and resolve these with the Live Entertainment Provider and not with us.
If you wish to purchase any product or service made available through our Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and other personal identification information.
3. Intellectual Property
We, along with our corporate affiliates, the Live Entertainment Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Application. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Application must appear on all copies you print. Other non-FCS product, service, or company designations on Our Application belong to those respective third parties and may be mentioned in Our Application for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Application does not grant you any license or right to use any of the marks included on Our Application.
4. Use of Our Application
If you become a registered user, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Application by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your registered user account. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Application), you must promptly change your personal information that is affected.
If you decide to receive messages or other communications from Our Application directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Application on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account. You may only use Our Application to search for legitimate Live Entertainment Products and Services and you may not use Our Application to make any purchase in anticipation of demand. By using Our Application you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of FCS:
1. (i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of FCS pages in a search index. Use of any automated system or software to extract data from Our Application (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
2. (ii) violate the restrictions in any robot exclusion headers on Our Application or bypass or circumvent other measures employed to prevent or limit access to Our Application;
3. (iii) violate the restrictions set forth in the BOTS ACT.
4. (iv) deep-link to any portion of Our Application for any purpose;
5. (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Application or take any action that imposes an unreasonable load on our computer or network equipment;
6. (vi) reproduce, duplicate, copy, sell, trade, resell or exploit Our Application;
7. (vii) use any feature of Our Application for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
8. (viii) post or distribute any material on Our Application that violates the rights of any third party or applicable law;
9. (ix) use Our Application to collect or store personal data about others;
10. (x) use Our Application for any commercial purpose unless we’ve given you written permission;
11. (xi) transmit any ad or promo materials on Our Application.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Application. Further, you can always delete your account here.
5. Your intellectual property rights
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Application or otherwise any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to the email address disclosed in Section 9, “Arbitration and Waiver.”
6. Warranty disclaimer
Our Application, all content and services provided on Our Application and all Live Entertainment Products you obtain on FCS are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available vendors. Accordingly, we do not always display the lowest available price for a particular Live Entertainment Product. FCS expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance
7. Our liability is limited
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Application, your downloading of any content from Our Application or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Application; (ii) any failure or delay (including without limitation the use of or inability to use any component of Our Application); or (iii) the performance or non-performance by us or any Live Entertainment Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
8. You Agree to Protect Us
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Application, or the Intellectual Property.
9. Arbitration and Waiver
If You intend to seek arbitration You must first send to FCS, by certified mail, a written Notice of Dispute (“Notice”) to P.O. Box . The Notice to FCS must be sent to 2200 Brothers Road, Santa Fe, New Mexico 87505 and emailed to firstname.lastname@example.org. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Company and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY
11. General Requirements
We may change Our Application and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of Our Application constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Application, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Application.
To the extent permitted by law, the laws of the State of California (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Application or these Terms, or our Services, you agree to file such action only in the state and federal courts located in San Jose, California(USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Application and/or these Terms, will be resolved individually, without resort to any form of class action.
12. Your Feedback
We encourage you to share your comments and questions with us here but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future FCS products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of FCS. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
Last updated: January 1, 2017