Back Stage Website Terms of Use Effective as of January 27, 2012

Please read the following Terms of Use carefully.


I. General Rules and Definitions

Back Stage, LLC, including its owners, parents, subsidiaries, affiliates, licensors, directors, officers, managers, members, agents and employees ("Back Stage"), requires that all visitors to its Internet sites, applicable to www.BackStage.com, and related properties (together, the "Website"), adhere to the following Terms of Use.

By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use the Website.

In consideration of your use of the Website, you represent that you are at least thirteen years old and are not a person barred from using the Website under the laws of the United States or other applicable jurisdiction.

Back Stage reserves the right to change these Terms of Use at its sole discretion and at any time without personal notice to you. If Back Stage makes a material change to these Terms of Use, Back Stage will update this page and post a notice on the Website's homepages for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. Your continued use of the Website constitutes your acceptance of any changes.

II. Intellectual Property

A. Ownership; License

Back Stage owns, operates, licenses, controls, and provides access to the Website. All past, present and future information, materials, applications, software, and other contents of the Website (or any predecessor websites relating to Back Stage properties) are the property of Back Stage unless otherwise noted and are protected by applicable intellectual property and other laws. All trademarks, logos, service marks, trade names, and trade dress are proprietary to Back Stage unless otherwise noted and are protected by applicable intellectual property and other laws. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Back Stage, no rights (either by implication, estoppel or otherwise) in or to the Website or their contents are granted to you.

The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of websites the contents of the Website, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.

Subject to your compliance with these Terms of Use, Back Stage grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

  1. listen to music and view videos streamed from the Website, and participate in the Website's community areas;
  2. create profile pages on the Website for non-commercial and private use;
  3. communicate with other members of the Website's communities;
  4. embed and display the contents of the Website on your own personal website or other non-commercial external websites; and
  5. download the contents of the Website onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein

B. User Uploaded Information

The Website may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on the Website ("User Uploaded Information"). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. Your use of any User Uploaded Information is at your own risk. Back Stage does not endorse any User Uploaded Information or any opinion, recommendation, or advice expressed therein, and Back Stage expressly disclaims any and all liability in connection with User Uploaded Information. Back Stage reserves the right, to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. Back Stage undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information.

You are solely responsible for all User Uploaded Information that you make available via the Website. Under no circumstances will Back Stage be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via the Website including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.

When you upload User Uploaded Information via the Website, you grant to Back Stage, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.

C. Copyright

Back Stage reserves the right to remove any content contained in or posted to the Website that Back Stage determines in its sole discretion does or may allegedly infringe another person's copyright or other rights.

Notices to Back Stage regarding any alleged copyright infringement on the Website should be directed to Back Stage's agent at backstage@backstage.com, 212-493-4420.

If you are a copyright owner or an agent thereof and 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 Back Stage's General Counsel's Office with the following information:

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the site;
  3. your address, telephone number, and email address;
  4. 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;
  5. 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; and
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Back Stage's General Counsel's Office should be contacted at the following address: backstage@backstage.com, 212-493-4420.

D. Trademark and Celebrity Material

Back Stage responds to complaints that user-provided content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Websites and you don't have the celebrity's permission. If you are a trademark owner or a celebrity and you believe your rights have been infringed by user content on the Websites, please submit a notification of infringement to our General Counsel listed in Section II.C above. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where you believe the infringement is occurring.

III. User Accounts, Additional Terms, End User License Agreements & Subscriptions

The creation of a user account may be required for the use of certain portions of the Website (e.g., e-mail, newsletters, competitions, forums, content downloads, promotions, etc.), and certain contents and services of the Website may only be accessed through purchase or paid subscription. In some instances, special terms and/or end user license agreements apply to some services, products, software, competitions or promotions offered via the Website. Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Use. In the event of a conflict, the additional terms prevail over these Terms of Use. Back Stage may change, suspend or discontinue any aspect of the Website at any time and without prior notice.

You agree that any information that you provide to the Website shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Website, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website using your name, user name or password in whole or in part. Personally identifiable information that may be received at the Website is provided voluntarily by a visitor to the Website and is governed by the terms of our Privacy Policy.

Portions of the Website are available through subscription only. Subscriptions details can be found at www.backstage.com/subscribe. Subject to the terms of the applicable subscription, subscribers may cancel at any time by contacting customer service at 800-658-8372 or by emailing nbs@omeda.com. (Outside the U.S., call 847-559-7531.)

IV. Restrictions on Use

The Website is provided for lawful purposes only. By accessing or using the Website, you agree and warrant that in connection with your use of the Website you will not:

  • alter any trademark, copyright and other proprietary or legal notices contained in the Website; or
  • manipulate the Website in any way not intended and directed by Back Stage; or
  • copy or seek to copy or "rip" any audio and/or audiovisual content from the Website; or
  • exploit any part of the Website for commercial gain or undertake any commercial activity utilizing the contents of the Website without the prior written consent of Back Stage, including, for example, inserting your own or a third party's advertising, branding or promotional content into the Website's contents, materials or services; or
  • upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
    • any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in Back Stage's sole discretion is otherwise objectionable; or
    • information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
    • material of any kind that restricts or inhibits any other user's uninhibited use and enjoyment of the Website or interferes with, overburdens, impairs or disrupts the Website, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
    • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
    • use or attempt to use another person's information, account, password, service or system except as expressly permitted; or
  • impersonate another person or entity; or
  • engage in any conduct that in Back Stage's sole discretion restricts the ability of any other person to enjoy the use of the Website; or
  • solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.

V. Termination

You may terminate your account by submitting a termination request to Back Stage. Back Stage reserves the right to restrict, suspend, deny or terminate access to all or part of the Website and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities.

VI. Third Party Content and Linked Sites

Third parties provide some of the contents of the Website. Back Stage makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.

In addition, third parties may offer goods, services and other materials to you on the Website. Such dealings are solely between you and the third party. Back Stage will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances, Back Stage may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Website do not imply endorsement by Back Stage of that product, service or publication.

The Website may include links to other sites that are not maintained by Back Stage. Back Stage is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Website, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Back Stage shall have no liability for any loss or damage arising from your use of any such site.

VII. Disclaimer; Restriction of Liability

The Website and its contents are provided "as is" and "as available." To the fullest extent permissible by applicable law, Back Stage disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, non-infringement and fitness for a particular purpose.

Back Stage will not be liable for any damages or injury caused by any use of the Website or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Website. Back Stage will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to

  1. the Website or User Uploaded Information;
  2. the use of, inability to use, or performance of the Website or any of the contents or features thereon;
  3. any action taken in connection with an investigation by Back Stage or law enforcement authorities regarding your use of the Website or the contents thereof;
  4. any action taken by or in connection with copyright owners;
  5. any errors or omissions in the Website's technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Website).

VIII. Jurisdiction

Back Stage controls and operates the Website and makes no representation that the contents of the Website are appropriate or available for use outside of the United States. If you use the Website from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws.

IX. Miscellaneous

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of New York, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York, for all matters involving you and Back Stage.

If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Website.

Nothing in these Terms of Use is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms of Use.

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