Last Updated: February 7th, 2019
Table of Contents
Users under the age of sixteen (16) (a "Young User") are expressly prohibited from using the Backstage Website Services, as defined in Section 2 below. Young Users who would like to participate in any of the Websites must have their parent or legal guardian (a “Parent Registered User”) register to use the Websites, using the Parent Registered User’s name, email, and credit card information, and consent to and upload the Young User’s information to the Websites. Parent Registered Users are responsible for directly engaging with all Services on the Websites, including but not limited to submitting applications and messaging other users, updating the settings of and terminating their account and thereby use of the Websites on behalf of the applicable Young User.
If you are a Parent Registered User, you also agree that you are responsible for using and monitoring the account on behalf of your Young User.
If a parent or guardian believes that any Website has collected information of a child under the age of thirteen (13), or under the age of sixteen (16) if they reside in a country within the EEA, without proper consent, please contact Backstage at firstname.lastname@example.org.
2. Website Content and Premium Services.
The Websites contain content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, “Content”) that is accessible by Users. The Websites may also offer breakdowns, casting notices, forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas for Users to communicate with each other, and the information therein is also considered Content. The creation of a user account may be required for the use of certain portions of the Websites. In addition, certain contents and services of the Websites, such as premium communication and messaging functionality and certain digital and print content, may only be accessed through purchase or paid subscription. We refer to the services available on or through the Websites, including the premium communication and messaging functionality and digital and print content subscription services collectively as the “Services.” All Services available to Users only through purchase or paid subscription, including communication and messaging functionality, is referred to collectively as the “Premium Services.” All Content, available with or without payment or subscription, may include facts, views, opinions and recommendations of or concerning individuals, organizations, or projects not affiliated with Backstage. Backstage does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations.
The Websites provide an online venue for Users to interact and communicate with individuals posting casting notices. Any agreement or transaction that arises from these interactions or communications does not involve Backstage, and Backstage is not a party to any agreement between Users. Backstage is not an employer with respect to any opportunity advertised on the Websites, and Backstage is not responsible for any employment, hiring, or salary decisions made by you or anyone else using the Websites.
3. Proprietary Rights.
Backstage owns, operates, licenses, controls, and provides access to the Websites. You acknowledge and agree that Backstage, and its licensors, retain all right, title and interest in and to all past, present and future Content, excluding User Provided Content (as defined below), applications, software, content and materials provided on or through the Websites (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Websites, the compilation of all content and materials on the Websites, and the business process, procedures, methods and techniques used in the Websites) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
Backstage, the Backstage logo, Actorfest, the Actorfest logo, Audition Update and the Audition Update logo are the registered or common law or trademarks of Backstage, LLC, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Websites are the property of Backstage, LLC unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Backstage's intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Backstage. All rights are expressly reserved.
4. User Provided Content.
Portions of the Websites may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Websites ("User Provided Content"). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. For User Provided Content, Backstage is merely hosting and providing access.
The decision to submit User Provided Content to the Websites is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Backstage, you agree to furnish Backstage with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.
Backstage cannot vouch for the validity, accuracy or credibility of any User Provided Content, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Websites. Through your use of the Websites you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. Backstage does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Websites, you assume all associated risks, and Backstage expressly disclaims any and all liability in connection with User Provided Content.
In addition, you grant to Backstage, 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 host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that Backstage may publish or otherwise disclose your name in connection with your User Provided Content.
5. Third Party Content and Linked Sites.
Third parties, including Users, provide some of the Content of the Websites. Backstage 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 or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer opportunities, goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. Backstage will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Backstage makes no warranty concerning, is not responsible for and does not endorse any third party provided opportunities, goods, services or other materials, and you agree that any recourse for dissatisfaction or problems with those opportunities, goods, services or other materials will be sought from the third party provider and not from Backstage.
Descriptions of, or references to opportunities, products, services, materials or publications within the Websites do not imply endorsement by Backstage of that opportunity, product, service, material or publication. The Websites may include links to other sites that are not maintained by Backstage. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Backstage 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 Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Backstage shall have no liability for any loss or damage arising from your use of any such sites.
6. Limited License.
View and listen to the Content contained on the Websites;
Create profile pages on the Websites for non-commercial and private use;
Participate in the Websites' community areas and communicate with other Users; and
Download the Content contained on the Websites onto a computer or other personal electronic device 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.
In addition to the foregoing, you may not use the Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by Backstage, you agree not to re-transmit, disclose or distribute any Content to any other person, organization or entity. You expressly agree that the Services and Content shall be used solely for your own benefit and that the Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Services are subject to change without notice to you.
7. Restrictions on Use.
The Websites is provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:
alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or
manipulate the Websites in any way not intended and directed by Backstage; or
copy or seek to copy or "rip" any audio, video or audiovisual content from the Websites; or
exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of Backstage, including, for example, inserting your own or a third party's advertising, branding or promotional content into the Websites’ 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 Backstage'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 Websites or interferes with, overburdens, impairs or disrupts the Websites, 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 Backstage's sole discretion restricts the ability of any other person to enjoy the use of the Websites; or
solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
8. Copyright Notices and Celebrity Material Infringement.
Backstage takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Attn: General Counsel's Office
45 Main St.
Brooklyn, NY 11201
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Websites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Websites may be found) and that you will accept service from the person (or an agent of that person) who provided the Websites with the complaint at issue.
Completed Counter-Notices should be sent to:
Attn: General Counsel's Office
45 Main St.
Brooklyn, NY 11201
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Right of Publicity.
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. Backstage reserves the right to remove any Content contained in or posted to the Websites that Backstage determines in its sole discretion does or may allegedly infringe another person's copyright, trademark, celebrity material or other rights.
Notices to Backstage regarding any alleged infringement on the Websites should be directed to Backstage 's General Counsel's Office at email@example.com, 212-493-4243.
9. User Accounts.
You understand that you may not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that Backstage, in its sole discretion, deems inappropriate. You agree that any information that you provide to the Websites, including but not limited to User Information, 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 Websites, 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 Websites (including the Premium Services) using your name, user name or password in whole or in part.
Each User name permits one person to access the password-protected portion of the Websites (including the Premium Services), and you shall not share the user name and password with any third party. You shall be solely responsible for any and all use of the Websites, including without limitation, any and all charges incurred by a third party, under or using your user name and password. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify Customer Service at 1-917-725-6367 and confirm such notice in writing. Upon receiving such telephonic and written notice, Backstage will assign a new password to you without charge.
10. Subscription Terms, Fees and Payments; Automatic Renewal and Cancellation.
Backstage offers month-to-month, semi-annual (6 month) and annual (12 month) subscriptions on Backstage.com to all Premium Services except for print publication subscriptions, which are only available on annual (12 month) terms. The length of the subscription period is selected by you during the enrollment process. The frequency of print subscriptions may change at any time without notice.
All Subscriptions are Automatically Renewing.
When you initially subscribe to the Premium Services, your credit or debit card will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription period. When you initially subscribe to a free trial of the Premium Services, you will be not charged for the initial term of the free trial. Unless you notify Backstage of your decision to terminate your subscription or, as applicable, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.
You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the “Billing Date”), which will your be the corresponding monthly, semi-annual or annual anniversary of the activation date of subscription. If, however, the activation date of your subscription (or, as applicable, your free trial) is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Billing Date applies to the subscription period immediately following the Billing Date (e.g., a charge for a monthly subscription applies to the month immediately following the Billing Date). You understand that any applicable sales or use taxes will be payable by you, and may be included in each periodic statement.
Backstage may, in its sole discretion, suspend access to your account or deactivate your account without notice to you if Backstage is unable to process your payment or if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on Backstage.com.
BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PREMIUM SERVICES:
YOUR SUBSCRIPTION TO THE PREMIUM SERVICES WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD AND CONTINUE FOR ANOTHER SUBSCRIPTION PERIOD;
YOU WILL AUTOMATICALLY BE BILLED AT THE START OF EACH NEW SUBSCRIPTION PERIOD; AND
THAT PERIODIC CHARGES FOR EACH NEW SUBSCRIPTION PERIOD WILL BE AUTOMATICALLY BILLED TO YOUR DESIGNATED BILLING PAYMENT METHOD.
Opting Out Of Renewal.
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY CONTACTING BACKSTAGE ONLINE, EMAILING CUSTOMERS@BACKSTAGE.COM, OR CALLING 1-917-725-6367. YOUR SUBSCRIPTION TO THE PREMIUM SERVICES SHALL BE DEEMED TERMINATED ON THE LAST DAY OF THE THEN IN EFFECT SUBSCRIPTION PERIOD, UNLESS PROVIDED WITHIN TEN BUSINESS DAYS OF AN AUTORENEWAL. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID.
YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT BACKSTAGE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Unless you notify Backstage of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release Backstage from all liabilities and claims of loss resulting from any such error or discrepancy.
Fees Subject to Change.
Backstage may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online at https://www.backstage.com/accounts/subscribe/. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must call Customer Service at 1-917-725-6367 or update your information through your account settings on Backstage.com.
Cancellations and Refunds.
You may cancel a free trial at any time during the free trial period and incur no charge. After the free trial is complete, you will be charged at the rate and schedule selected when you enrolled in the trial. Monthly subscriptions are not eligible for a refund, but can be cancelled to prevent additional future charges. For all initial purchases of subscriptions longer than one month, you may cancel prior to renewal to prevent future renewal charges; or cancel during the first ten (10) business days after renewal to remain eligible for a full refund on the renewal payment. If your subscription begins with a free trial and converts into an annual subscription, the ten business day refund period begins once the free trial ends. If the cancellation occurs after the first ten business days or if the charge was for a monthly subscription, you will not receive a refund. For all renewals of subscriptions longer than one month, you may cancel within ten business days of the renewal date and receive a full refund; cancellations made after this period are not eligible for a refund. Monthly subscriptions (both initial subscriptions and renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Websites until your subscription expires. Cancellations may be made by filing a customer support ticket at www.backstage.com/contact, or by emailing firstname.lastname@example.org, or by calling customer service at 1-917-725-6367. Your cancellation must be received by end of business (5:00 p.m. Eastern Time) on the appropriate day as described above, or earlier. All refunds will be given to the original credit or debit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Notwithstanding the above, refunds for casting notices listed in print editions of Backstage Magazine are governed by a separate policy, found under the Print Options section.
We will remove your listing information, including your photograph, from the Websites within ten days of your request made by filing a customer support ticket at www.backstage.com/contact, by emailing email@example.com, by calling customer service at 1-917-725-6367, or by receipt of a written request mailed to us at the address set forth in Section 21 below.
Apple App Store Subscription Terms
Notwithstanding sections 10.1 - 10.6, the following terms relate solely to purchasing a subscription to Backstage via the Backstage Casting IOS App through the Apple App Store. The Backstage app is free to download, and all users can view and search available casting notices. Upgrading to a subscription allows users to build a professional talent profile and apply to all casting notices available on Backstage.
If you choose to purchase a subscription to Backstage, your payment will be charged to your iTunes account at confirmation of purchase. Your subscription will automatically renew each month or year 24-hours before the end of the current period unless auto-renew is turned off. Auto-renew may be turned off at any time from your iTunes account settings. Prices for subscriptions are in U.S. dollars, and may vary in countries other than the U.S. and are subject to change without notice. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription. No cancellation of the current subscription is allowed during the active subscription period. If you don’t choose to purchase a Backstage subscription, you can continue to use the Backstage Casting app for free.
All refund requests and cancellation requests for subscriptions created in the Backstage Casting IOS App and processed by the Apple App Store must be submitted to Apple via your iTunes account.
11. Additional Terms.
12. Entire Agreement
13. Equipment and Internet Access.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Websites (including the Premium Services). You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Websites (including the Premium Services) through an Internet access provider or other third-party service, including any applicable taxes.
14. No Oral Agreements or Modifications.
15. Dispute Resolution.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
If a dispute arises between you and Backstage, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly.
All administrative fees and expenses of arbitration will be divided equally between you and us, except that for claims of less than $500, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
The arbitration will take place in your hometown area if you so notify Backstage in your notice of arbitration or within five (5) days following receipt of Backstage’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in New York, New York, unless the parties agree to video, phone or Internet connection appearances.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND BACKSTAGE AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN BACKSTAGE AND YOU INDIVIDUALLY. YOU AND BACKSTAGE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
Exceptions to Negotiations and Arbitration.
You and Backstage agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Backstage’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.
You and Backstage agree that if any portion of the Arbitration Agreement is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If for any reason the Arbitration Agreement is deemed inapplicable or invalid, you and Backstage both agree (i) that all Claims will be exclusively decided either the courts of the State of New York situated in the County of New York or in the United States District Court for the Southern District of New York, and you and Backstage agree to submit to the personal jurisdiction of those courts, and (ii) that you and Backstage both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using the Websites, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.
16. Governing Law, Jurisdiction and Venue.
17.Recovery of Fees.
18. Limitation of Liability.
Incidental Damages and Aggregate Liability.
In no event will Backstage or any of ITS AFFILIATES be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Websites, including without limitation damages related to any information received from the Websites, removal of content from the Websites, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Websites, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Backstage, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL BACKSTAGE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR, IF YOU HAVE NOT PAID BACKSTAGE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-Backstage Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BACKSTAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
20. Disclaimers of Warranty.
THE WEBSITES (INCLUDING THE PREMIUM SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BACKSTAGE, AND EACH OF ITS AFFILIATES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF BACKSTAGE. BACKSTAGE MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (V) THE WEBSITES, NETWORKS OR SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF BACKSTAGE’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. BACKSTAGE IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES (INCLUDING THE PREMIUM SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITES.
21. Contact Information.
Attn: General Counsel's Office
45 Main St.
Brooklyn, NY 11201
22. Electronic Communications
You consent to receive communications from Backstage electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in “writing.” Notice will be deemed given 24 hours after it is posted on any of the Websites or sent via email. Alternatively, Backstage may still decide to provide notice by certified mail to the address provided in a User’s payment information.