Here are some highlights from the Agreement:
The Agreement is divided into 10 sections. Please click on each one to drop down to it.Our Relationship
FanCollab is an unprecedented way to download and listen to the concert you just visited. It is for entertainment purposes only. Pictures and other bonus features are also available to download. It's our goal to provide you with an archive of live artist performances for you to either relive or enjoy the ones you missed.
By your acceptance of the Agreement the Artist grants you a non-exclusive, revocable, non-transferable limited license to use FanCollab in accordance with the terms set forth in the Agreement. This license is for personal use only and may not be used for any commercial purpose.
When accessing FanCollab, if you receive information about another user, you must keep the information confidential. Do not distribute another user's information to a third party.
You may not copy, reproduce or distribute any of the materials you access on this site or the site itself. FanCollab, the FanCollab logo, the Artist's name, and all music made available through the site are owned by the Artist or their associated music publishers and are protected either by copyright or trademark laws. The FanCollab website is protected by applicable domestic and international copyright laws. Copyright © 2009- FanCollab. All Rights Reserved. Violators will be prosecuted to the maximum extent allowable by law.
The limited license you receive by accepting the terms of this Agreement is not assignable. You cannot give your rights under the Agreement to a third-party user. The third party must accept the terms of this Agreement on their own accord if they wish to use FanCollab.
You may elect to purchase exclusive content from FanCollab. In the event that you choose to do so, you agree that any purchase you make is nonrefundable.
Select purchases may be subject to additional fees at checkout.
To protect the security of your information and the website, you agree not to give your password/username to anyone. Also, if you learn of a third-party's password/username you agree that you will not use it or transmit it to any other third-party. You acknowledge and agree that FanCollab is not responsible for any damages that may arise from unauthorized use of your username and password.
You agree that FanCollab may provide notice to you by posting it on the website or emailing it to the email address listed on your account. You will be deemed "notified" 24 hours after the time it was either posted or emailed, unless we receive a notification that the email was improperly delivered.
If you have any questions, concerns, or notifications for FanCollab, you may contact the administrator of FanCollab at email@example.com.
This agreement runs perpetually. That is, it remains in effect until terminated either by you or FanCollab.
Under the limited license, you are allowed to view and privately display the site by way of one or more computers connected to FanCollab via IP networks only. You may "cache" pages solely to increase the speed and efficiency of your access to FanCollab in the future. No other copy or use of any portion of the site is permissible. Any attempt to do so would result in a copyright infringement lawsuit.
You may not use this site in any way other than this Agreement expressly permits. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit FanCollab.
You must be at least 18 years of age to use this website. Due to the contractual consequences of minors accepting this Agreement, you may not use this website if you are under 18 years of age.
You must be a United States of America resident to use this website. Due to the contractual consequences of nonresidents accepting this agreement, you may not use this website if you are a nonresident.
To use many of the features in FanCollab, you may be required to register and provide certain personal information. Such personal information may include a user name, password, and a valid email address. You agree to keep any information provided to FanCollab accurate.
No business entity may use this website. You must be an actual person, and not a corporation, LLC, partnership, or sole proprietorship. This is for personal use only.
Please Note: the above list may not be fully comprehensive. There may be more actions that are prohibited, which FanCollab will update at a later time.
If you violate any of the terms of this Agreement or laws in any jurisdiction, FanCollab may close your account without notice and refuse to provide access to FanCollab. FanCollab reserves the right to terminate its relationship with you at any time.
If you violate any terms of this Agreement or laws in any jurisdiction, FanCollab may take legal action against you to enforce its rights. This includes filing a lawsuit for damages, which may include punitive (punishable) damages. Also, we may notify the proper authorities if we learn that you have broken any law. For instance, if we learn that you have violated any Copyright.
You will be held liable for any and all damages that result from your breach of this Agreement. This may include, but is not limited to, any punitive damages that are allowable by law. Also, you are liable for any damages that the Artist or FanCollab might incur as a result of your breach, including attorney's fees, court costs, and any other charges incurred. You must reimburse the Artist and FanCollab for any charges paid out by either.
You agree to indemnify, defend and hold harmless the Artist, FanCollab, and their respective agents from all liability and costs incurred in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. FanCollab reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of FanCollab.
There is an inherent risk involved in transmitting any information via the Internet. Neither the Artist nor FanCollab guarantees that its system is free from hackers or viruses. Also, the Artist and FanCollab cannot guarantee that information provided by users will not be stolen or otherwise surreptitiously obtained. You acknowledge and understand that you bear the risk when transmitting personal information.
You agree that neither the Artist nor FanCollab is liable for any infections or contamination of your system. Also, the Artist and FanCollab are not responsible for delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the Materials contained on this site. You acknowledge and understand that such risk is inherent in interacting with any website, and take full responsibility for any harm, danger or damage that ensues due to a breach in security.
Pursuant to this Agreement, the Artist and FanCollab expressly disclaim any liability for information transmissions. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and you shall be responsible for all charges related thereto.
FanCollab DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SECURITY BREACHES OR VIRUSES. FanCollab DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. NEITHER the Artist NOR FanCollab GUARANTEES ITS SITE TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
The Artist AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
The Artist, FanCollab, AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF The Artist, FanCollab, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In the event that you pay for, and attempts to make a purchase unsuccessfuly, no refund will be given. Instead, you will be entitled to credit for other purchases on the website.
If you choose to participate in a forum, you must abide by the terms set forth in this Agreement. Additionally, you also give up certain rights to your postings. This section discusses what you are agreeing to when you decide to post to a forum.
"Your Posted Material" means any information, messages, e-mails, postings, online discussions, literary works, drawings, illustrations, images, films, digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via the site. You agree that none of Your Posted Material will contain information or content that:
Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that:
FanCollab shall have the right to edit, to refuse to post, or to remove any material submitted to or posted on the site for any reason.
You are solely responsible for all materials posted on the site. You acknowledge that FanCollab may not be monitoring the forums and you are not relying upon any moderation. FanCollab takes violations of its customers' rights and its own rights seriously, and will report violations to appropriate authorities.
Your Posted Material grants the Artist and FanCollab a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material. This includes, but is not limited to: all rights in copyright to such material. You warrant that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third-party; and (b) the Artist or FanCollab's exercise of its rights granted by you will not infringe upon any copyright or any other subsisting right of any third-party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to the Artist or FanCollab's exercise of their rights.
You agree to indemnify and hold the Artist and FanCollab harmless from and against any and all for any claims arising from the Artist's or FanCollab's use of Your Posted Material.
We appreciate your patronage and want you to feel like you have had a great experience at FanCollab. If you have a problem with the service FanCollab provides, please feel free to contact our website administrator at firstname.lastname@example.org.
You agree that this Agreement is governed by Ohio law, using the law applicable to contracts made and performed solely in Ohio, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Franklin County, Ohio in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement.
FanCollab or the Artist's failure to act with respect to a breach by you or others does not waive their right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is held invalid, unenforceable or void, the remainder shall not be affected and shall continue in full force and effect. Each provision is severable from the whole of this agreement.
This Agreement constitutes the entire agreement between you, the Artist, and FanCollab related to this site. No prior or contemporaneous written, oral, electronic representation, or any other negotiation form a part of this agreement. This Agreement supersedes all prior written, oral, or electronic agreements between you, the Artist, and FanCollab relating to this site.
This Agreement constitutes a written, contractual agreement between you, the Artist, and FanCollab. A printed version of this Agreement, and of any electronic notice related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
The site is operated in the State of Ohio, USA. No representation or warranty is made that FanCollab is legal, appropriate, or available for use in other locations. Those who choose to access it from other locations do so at their own risk and are responsible for compliance with any and all local laws. No software from FanCollab may be used, downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
The Artist and FanCollab will not have any liability to you by reason of any delay or failure to perform any obligation if the delay or failure to perform is because of any act of God. (e.g. storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.)
You understand and acknowledge that by proceeding with this Agreement by accessing the site, that you waive your right to a jury trial.
Any headings of the various sections within the Agreement are for convenience of reference only and do not define, limit or otherwise affect any of the terms or provisions.
You waive any and all electronic forms defenses you may have, and the lack of an actual signing by the parties.
The Artist and FanCollab have the right to modify this Agreement and any policies affecting the site, including without limitation the noncommercial use policy. Any modification is effective immediately upon a posting to the site, by or distribution via electronic mail or conventional mail. Your continued use of the site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of FanCollab or the Artist in providing the site, is to cancel your subscription by emailing us at email@example.com and to immediately discontinue use of the site.
The Artist and FanCollab has the right to modify, suspend or discontinue the site or any portion thereof at any time, including the availability of any area of the site. FanCollab or the Artist may also impose limits on certain features and services or restrict your access to all or part of FanCollab without notice or liability.
Auction winners payment card will be billed upon auction end. If for any reason the auction winner fails to make payment within (1) hour of auction end, The second highest bidder becomes winner by default.
All bidders must be 18+ to participate.
All Bid your Set credits and Auction purchases are non refundable.
Shipping varies based off of packaging and weight. All items will include tracking. Please allow 10-14 business days for delivery. Signature Confirmation required.
If you choose to pick your item up at the venue, please contact the clerk at the merchandise booth in order to coordinate item pick up.
A VIP upgrade or event ticket/article of admission is a revocable license and the right to refuse admission is reserved. A VIP upgrade or event ticket/article of admission is not cash redeemable. A breach of the rules and terms will cause termination of the license to gain access to the event without refund. The administrating party(ies) of the event reserve the right to eject, refuse admission, to any individual(s) whose conduct is deemed inappropriate, disorderly, abusive, vulgar, or does not comply with the administrating party(ies) rules either written or verbal.
In the instance the event is to be moved to another location, the VIP Upgrades and/or tickets/article of admissions will be provided if needed. Refunds are not typically given and are at the discretion of the administering party(ies). The amount refunded and policies for any exchanges are handled on an event by event basis by the administrating party(ies).
If for any reason an event is postponed, VIP upgrades and tickets/article of admissions are to be honored at the event's rescheduled date. In most cases, new articles of admission or upgrades are typically not provided. There are no refunds for dates that have been rescheduled or postponed.
Treat your VIP upgrades and tickets/article of admissions like cash. Only store them in safe locations. These items cannot be replaced if lost, damaged, or stolen.
By purchasing a VIP upgrade or ticket/article of admission, you are consenting to search of yourself and belongings. In addition, you waive any claims in relation to search. If you choose not to consent to a search, you may have your entry denied to the event without refund or any other form of compensation. Please check with the venue of the event for items prohibited on premises. Failure to adhere to venue or event rules either verbal or written may result in items confiscated, legal action, and or ejection from the event.
Artists or performers associated with the event or tour are subject to change or cancellation at any time without notice. No refunds will not be provided if there is a change in the lineup or length of the corresponding performers set length.
In the event an upgrade or ticket/article of admission is either incorrect in its pricing, not meant for sale, or listed prematurely becomes paid for, the right is reserved to cancel the transaction and refund the amount paid. This remains in effect whether due to a human error, machine error or provided/produced otherwise.
Audio recording devices are prohibited from use during the VIP side stage, VIP soundcheck, and other VIP experiences unless explicit permission is granted.
Violations of the terms listed or law will be subject to investigation. Information provided by the offender or associated party(ies) could be used to aid in the investigation or prosecution. We reserve the right to pursue legal action if deemed necessary and refuse any order placed. Violation of the terms or law may also result in account suspension, deletion without notice, and of which further use of the site is prohibited. You agree that we assume no liability to you or any other party acting on your behalf for the termination of your account.
In addition to local venue rules and regulations, no weapons or items that could effectively be deemed for use as a weapon allowed. No liquids other than those made available to guests are allowed on stage during VIP side stage experience.