Terms of Service

Stublr Terms of Use

Policy Effective

This policy is effective as of December 1, 2011.

The last revision was September 17, 2013

General

These Terms of Service govern the terms under which Stublr.com (“Stublr”, “Site”, “we” or “us”) provides the content, data, materials, information, products and services through the Stublr.com site and any other sites, software, or electronic services originating from or containing our content (“Extended Network”). Your access and use of the site indicates your agreement with the Terms herein, so please read them before accessing or using the Site. If you do not accept these Terms, then please do not use the Site.

By using Stublr the Extended Network, you acknowledge that you have read and understood these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.

From time to time, we may make changes to the Terms of Use. Any such changes will become effective on the date of posting and your continued use of the site will constitute your acceptance of any changes to the terms.

While we try to keep Stublr available, bug-free and safe, your use of the site is at your own risk. We provide the site on an “AS IS” basis without any warranties, express or implied. We are not responsible for the actions, content, information or data of third parties. You release us, our directors, officers, employess, agents and contractors from any and all claims and damages, both known and unknown, arising from or in any way connected with any claim you have against such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect or incidental damages arising from the use of this Site or services incorporated herein or on the extended network, even if we have been advised of the possibility of such damages.

We try to keep the information on Stublr accurate and up to date but make no warranty as to the freshness or accuracy of data. Whenever using our site to assist in buying tickets on a third party site, you should always double check to make sure all sale information, including links, start time and other event details are correct. Please note, that we cannot be responsible for errors or technical glitches that happen on third party sites, nor are we responsible for tickets that are not available or listed as sold out before you can get any. Many live events have more demand than they do supply so inevitably, some people who wanted tickets will not get them on the primary market.

Privacy

Because Stublr gives you opportunities to share information about yourself and your activities on the Internet, we take your privacy very seriously. We have created a separate policy to deal specifically with privacy concerns. Please read it, in addition to the Terms of Use before using the site. It can be found here: Privacy Policy.

Definitions

For the purposes of this document, please refer to the following definitions of terms used herein.

  • “Site” refers to the web site at Stublr.com and integrated services that are provided and on subdomains as well as any other versions or representations of Stublr data or content that are owned and operated by us, such as desktop applications, toolbars, applications on other web sites or software, or mobile versions of our site, content or data.
  • “Extended Network” refers to web sites or applications that are not fully operated by us but include Content that originates or is passed on by Stublr. Examples could include a widget on another blog; entries in an activity stream on Facebook, etc.
  • “Stublr Network” refers to the aggregate of the Site and the Extended Network.
  • “User” refers to any person or entity that accesses the data or content on the Stublr Network, whether they have registered an account or not.
  • “Registered User” refers to anyone who creates a Stublr account by completing the registration process at Stublr.com. It does not include users who use third party services to log in to the Site.
  • “Seller” refers to any user who has a paid active seller account.
  • “Authenticated”, “Authentication” and “Authenticated User” refer to the process and result of the process of logging in to the Stublr Network.
  • “Content” refers to any data or information provided or stored within the Stublr Network.
  • “User-Generated Content” refers to Content added by Users and is distinct from Content added by agents or licensors of Stublr.

Content on the Site

All of the text, images, software, service marks, trademarks and other information on the Stublr Network is owned by us or has been licensed to us. You may not copy or transmit any of the content on the Site, except for your personal, non-commercial use on your computer. Any reproduction of the Site or content on it, whether digital, virtual or otherwise, must appear on all copies you print or otherwise reproduce. You are not granted the right to use any of the marks included on the Site.

Your License on the Site

You are hereby granted a limited, non-exclusive, non-assignable, non-sublicenseable, revocable right to access and use the Site for the purpose of performing any of its intended use of helping you and your friends organize the tasks associated with your exeperience attending a live event. The license is granted in accordance with these Terms of Use and applicable laws. You are not granted other rights, implied or otherwise.

Our License with Your Content

When you post any content or information on the Stublr Network, you retain ownership of it and control, to an extent, how it is shared through your privacy settings. Further you agree to grant license to us to use the information and Content you post on the Stublr Network in accordance with the privacy settings you select and with respect to whether or not the content appears in a private forum. Content posted in private fourms will only be visible to other members of the same forum unless another user distributes the content in violation of the Terms of Use and Privacy Policy. Our license applies to Content that is not covered by intellectual property rights as well as Content that is covered by intellectual property rights. In the case of content for which you own the intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license. In either case, the license is effective until such time as you deactivate your Stublr account. Upon deletion of your account, the content may be stored for a reasonable amount of time on our servers for purposes of back up or account recovery, but will no longer be made available on the Site. Information that is shared through the Extended Network and resides on third party sites will be subject to their Terms of Use regarding how the information is both used and stored. Deactivating your Stublr account may not delete the content on third party sites. For more information on our policies regarding User-Generated Content, please see our Privacy Policy.

Your Account

If you Register an account or if the site is used with your Authentication data through a third party provided, you are fully and solely responsible for use of the site under your account under all circumstances. Therefore, we recommend that you do not provide access to your Registered account to anyone else. In some cases, you may need to enter a password that provides access to your account. You are responsible for keeping that password secret. We recommend that you create a secure password that is different from passwords you use for web sites, software or other accounts. If you share your log in information for third party log in services such as Facebook, with others, please be aware that your account there could be used to access your Stublr account, so you should use discretion in sharing those passwords as well. You may not create an account unless you fall within the age guidelines of these Terms. Your account is revocable and may be deleted any time, at our discretion.

Your use of the site is dependent upon your willingness and successful completion of a monthly, yearly or other fee. We reserve the right to change fees and fee structures. If you sign up and complete payment for the site you will be given access to it for the term specified at the time of your sign up. You will not be granted a refund for any reason and you will not have a right to a different fee or fee structure for any reason. Ocassionally, we may run promotions that offer reduced fees or other perks and you may not have a right to the new fee.

You can cancel your account at any time. You MUST cancel through your PayPal.com account and will not be entitled to a full or partial refund if you do. Your account access to premium areas of the site will be revoked at the time of cancellation. If you have cancelled your account, there may be limitations on your ability to rejoin the site. Any attempt to seek a refund that does not fit with the guidelines laid out in the Stublr Terms of Use may result in a permanent revocation of your right to full or partial use of the site.

Refunds are not given for any reason including cases in which the user forgot to cancel their account or did not do it when they thought about doing so; users subscribed twice to the site; users went on vacation and did not log in. In special circumstances under which a refund is awarded, in no case will refunds ever be given for transactions more than 60 days old due to PayPal policies.

Your subscription level choice is made at your own discretion and you agree that you will not be entitled to a full or partial refund if Stublr, for any reason including but not limited to, legal, contractual or otherwise, is unable to carry on all services that were available at the time of your subscription or for the duration of your subscription.

Acceptable Use

You may only use the Site as it was intended, for the legitimate search for events to attend and tickets to purchase and to organize the process of procuring them and as outlined in these terms. You agree not to use the Site for any other reason, including unlawful or illegal purpose or in any other manner forbidden by the Terms of Use. Your violation of any provisions of the Terms of Use may result in the deactivation of your account at our soul discretion and without notice. It is prohibited to post or otherwise transmit on the site or Network, any content that may be objectionable, obscene, defamatory or directed at any group based on race, creed, color, gender, orientation or other characteristic. We reserve the right to remove such content without notice and restrict your access to the site or deactivate your account and block Authentication of any sort based on it.

Sharing your account with another user, whether they have a paid account or not, is expressly prohibited. Users who are found to be sharing their account with others will have their account terminated without refund or reparation. By allowing others to use your account, you agree to pay the maximum current membership fee for each person that used your account for any month, defined by the period between your subscription anniversary dates, in which another person accessed the site using your account. Your employees and contractors are not excluded from this provision. Examples are below.

If your subscription starts on the fifth day of January and someone else uses your account on January 8th and February 10th, you agree to pay your currently monthly membership fee x 2 to cover the other user’s usage in two different months. In the same scenario if one person uses your account on January 8th and February 10th a second person uses your account on February 12th, you agree to pay your current monthly membership fee x 3 to cover two months of use by one user and one month of use by the other.

It is prohibited to post Content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence on the Site or Extended Network. You are solely responsible for the photos, profiles, including your name and likeness, and any text including reviews and comments that are uploaded, published or displayed on or through the Site, or transmitted to or shared with other users through your account, whether posted by you or someone using your account, with or without your knowledge. We reserve the right to suspend or terminate your account and/or access to the site at any time at our sole discretion and cooperate with law enforcement officials in relation to the investigation of such postings.

It also prohibited to use the site to solicit users for any purpose, including but not limited to advertising a competitive site by posting in public areas of the site, including the chat room, comments boxes or elsewhere, or in private areas such as private messages or profile comments boxes or private forums. Any attempt to solicit or attract users will lead to the deactivation of your account at our sole discretion.

Bots, Spiders, Automated Requests

The following actions are prohibited for any Content or assets that appear on the Stublr Network:

  1. The Use of bots, spiders or any method of making automated requests to our servers except for the purpose of indexing in a major general search engine.
  2. The Use of bots, spiders or any method of making automated requests to our servers without express written permission in any event if you or your assigns operate a search engine or service for which more than 20 percent of your content is related to live events or tickets.
  3. The circumvention or bypassing, or the attempt thereof, of any restrictions on the site including, but not limited to, robot exclusion headers.
  4. The imparting, whether intentional or not, of an unreasonable load on our computer or network equipment.
  5. Any interference via software or any process, automated or not, that interferes with or attempts to interfere with the normal operation of the Site.
Any person company or other entity who wishes to access our data for display on another site can do so by signing up for a data sharing subscription at $5,000 month. Any user who circumvents this process and extracts data manually or in an automated or semi-automated way agrees to pay $5,000 plus a $1,000 circumvention fee and a $1,000 compliance monitoring fee for each calendar month in which data was fully or partially extracted. This covers extraction for display on another web site or for any other purpose. If this fee is not paid without legal proceedings, the user also agrees to pay legal fees for collecting the payment.

Your Access to Others Information

Content on the Site that was not posted by you, even if it appears in your profile page or Playbook, is not owned by you. You may not copy or distribute such content on the Site, Extended Network or anywhere else. Abuse of others information may lead to the deactivation of your account at our discretion.

Indemnity

By using the site, you agree to defend and hold harmless, Stublr.com, its directors, officers, employees, representatives, agents, partners, affiliates, other members and contractors harmless in the case of any loss or damage, including lost profits or lost savings, injury or death, except in states where limitations on liability are prohibited by law, resulting from any use or interaction with the Stublr Network including cases in which:

  1. Damages are incurred to your computer hardware or software or other equipment as a result of downloading content from the Site or for any other reason.
  2. Delays or interuptions in connection or access to the Site prevent your use of it or acquisition of information or data on it.
  3. Our partners, third-party technology providers or contractors are unable to perform on technological or other grounds.

Ticket Links

Sites who provide tickets for events that are listed on Stublr are independent of Us. We cannot guarantee the accuracy or completeness of information on the site about them or their sales. Your transactions and interactions with them are at your own risk and independent of your relationship with us and you agree that you will not hold Stublr responsible for any act of third party companies or organizations or for the handling or responsibilities that result from your disputes with them. The listing of tickets or information from another site does not imply or constitute approval, endorsement or sponsorship of Stublr by those sites.

Ticketing Partners’ and other partners’ web sites can be reached though links on the Stublr Network. Neither the existence of these links, nor your use of them constitutes our endorsement of the information or products on the sites, nor of the companies or organizations that own them, even in cases where we have a financial or other arrangement with them. Their policies are independent of ours and you should read the terms of use and privacy policy of each of the sites you visit.

Breach

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 that breach or future or similar breaches. If a court finds any portion of these Terms of Use to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the other portions of the Terms of Use will remain valid and enforceable. These Terms of Use, together with all materials made a part of these Terms of Use by reference, make up the entire agreement between us relating to your use of the Stublr Network, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Stublr Network.

Contacting Us

You may contact us here. Please do not send any private or personal information. If you send us any information regardng business or business development ideas, you release all claims for compensation, monetary or otherwise, for such suggestions whether we we have begun to use similar tactics or strategies or not. We may not read all suggestions that are sent to us and cannot take responsibility for doing so.

Copyright Infringement Complaints

It is against the Stublr Terms of Use to upload or otherwise distribute other’s intellectual property through the Stublr Network. We respect the intellectual property rights of others and remove such materials when made aware of them. If you believe that any material on the Stublr Network infringes upon any copyright that you own or control in accordance with the Digital Millennium Copyright Act, please send written notification of that infringement to the postal mailing address listed below.