Terms & Conditions
- Limited License; Restrictions
- Forums and Public Communication
- Limitation of Liability
- Links from this Site
- General Provisions
- Amending the Terms and Conditions of Use
- Governing Law
All of the content of this website (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to “BANDMERCH”.
2. Limited License; Restrictions
3. Use of the Website or Forums and Public Communication Related to the Website
“Forum” means a chat area, message board, or e-mail function offered as part of the “BANDMERCH”. You may not use the website, or if you participate in any Forum within the website, you must not:
- defame, abuse, harass, harm or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous, or indecent language or images;
- advertise or sell to or solicit others;
- use the website or Forum for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus or other harmful component; or
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
- restrict or inhibit any other user from using and enjoying the services or features of the website.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the website.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
- use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website.
- gain, or attempt to gain, unauthorized access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
- gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.
To use certain features of the website, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. “BANDMERCH” DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, “BANDMERCH” DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
While we try to provide accurate information on this website, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on this website or sites that link to or from the “BANDMERCH” website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the “BANDMERCH” website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER “BANDMERCH”, AEG LIVE LLC, ANSCHUTZ ENTERTAINMENT GROUP, INC., NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVEY, THE “RELEASEES”) WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF “BANDMERCH” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
This website may contain links to other Internet sites. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. You may establish a hypertext link to this website so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of this website, or incorporate into another website or other service any of our material, content or intellectual property.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the “BANDMERCH” website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the “BANDMERCH” website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the “BANDMERCH” website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
9. General Provisions
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
10. Amending the Terms and Conditions of Use
11. Governing Law
Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the California State Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of California (subject to appeal) and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
Any waiver of any provision of these terms must be in writing signed by “BANDMERCH” to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and “BANDMERCH”.
Billing / Pricing: You will only receive “BANDMERCH” text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for products sponsored by “BANDMERCH” or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
Supported Carriers: The following carriers are supported for “BANDMERCH” text alerts: Alltel, Boost Mobile, Cingular Blue (AT&T), Cingular Orange (Cingular), Dobson Cellular, Sprint/Nextel, T-Mobile, US Cellular, Verizon Wireless, and Virgin Mobile. Pre-paid phones or calling plans may not be supported. The foregoing carriers are supported within the United States and may be supported in Canada.
Frequency of Messages: We anticipate that you may receive 2 to 3 text alerts for a particular event and additional text alerts for similar events thereafter. When tickets to the event you requested or events similar to such event go on sale to the general public, you may be sent a text alert. “BANDMERCH” is CAN-SPAM compliant. You can opt out of any future text alerts, if any, after receiving a text alert by replying with the text “STOP” to such text alert or sending the text “STOP” to the shortcode. If you text “STOP” to the shortcode, you will not receive important text messages including advance notice of ticket sales for any future events. We will make every attempt to remove your phone number from the “BANDMERCH” text database as soon as possible, but please allow up to five (5) days. If your carrier does not permit text alerts, you may not receive “BANDMERCH” text alerts. For more info or help, visit our contact page.
Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.