StageBloc General Terms and Conditions of Use
Last updated August 5, 2009
StageBloc, Inc. ("StageBloc", "we") offers a variety of online products and services (the "Service") on the following terms. By using the Service in any way you agree to comply with these terms. Unless explicitly stated otherwise, all Services available through StageBloc, its sub-domains, as well as all affiliated domains, sub-domains, and services operated by StageBloc, Inc., shall be subject to these General Terms and Conditions of Use ("Terms and Conditions").
StageBloc may offer a variety of special products and/or services with separate registration and login procedures, and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When using any service or product through StageBloc that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. StageBloc, Inc. may also supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of StageBloc. StageBloc may at times offer additional services that are governed by the terms of service of the respective service partners. StageBloc, Inc. reserves the right to amend these Terms and Conditions at any time.
By using, accessing, or attempting to interact with StageBloc or other StageBloc software, services, websites, or any associated software or services (collectively "Services"), you agree to be bound and abide by these Terms and Conditions without limitation or qualification. This applies to all other applicable StageBloc or associated Service guidelines or rules, which are hereby incorporated by reference into these Terms and Conditions.
Conditions and Restrictions on Use
You (the "User") agree that the Services, which includes, but is not limited to, all software and documentation, both electronic or printed media, contain copyrighted material and other proprietary intellectual property. The Services are the proprietary property of StageBloc, Inc. They are protected by copyright and other proprietary rights and laws. They may only be used or accessed as specifically provided for in this Agreement.
Use of StageBloc and its Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that StageBloc, Inc. may terminate your access to StageBloc or any associated Services if you fail to comply with these Terms and Conditions or any other guidelines and rules published by StageBloc, Inc. Any such termination shall be in StageBloc Inc.'s sole discretion and may occur without prior notice, or any notice. StageBloc, Inc. further reserves the right to terminate any User's access to StageBloc or any of the Services for any conduct that StageBloc Inc., in its sole discretion, believes is or may be directly or indirectly harmful to other Users, StageBloc, Inc. or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. StageBloc, Inc. further reserves the right to terminate any User's access to StageBloc or to any of the Services for any or no reason, in StageBloc Inc.'s sole discretion, without prior notice, or any notice.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner to commercially exploit the Services, in whole or in part.
The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All User-specific information provided by User in connection with Services may be used in whole or in part to provide services and features to the User, and maintain StageBloc and any associated websites or Services.
In order to use StageBloc and its Services, Users must have access to the World Wide Web and must navigate the Internet to http://www.stagebloc.com or any of its associated domains. It is not the responsibility of StageBloc, Inc. to provide free support for the User in the use and operation of the Services.
Where there is mature or adult content on StageBloc or through any of its Services, individuals who are less than 18 years of age are not permitted to access such content. There may be other areas of StageBloc not available to persons under 18 years of age. With respect to general audience content, if StageBloc, Inc. learns that anyone under the age of 13 has accessed the Services, StageBloc Inc. will require verified parental consent. This is in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of StageBloc may not be available to children under 13 under any circumstances.
Privacy
You may be asked to provide some personal information for use of StageBloc and its Services. When providing such account information, you represent and warrant that the information is valid, current, and complete, and that you will maintain and promptly update it. StageBloc reserves the right to terminate any account that does not include valid account, current, and complete information and refuse any and all current or future use of StageBloc or any associated Services. StageBloc, Inc. shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.
All user-specific information provided by user in connection with Services shall be governed by the StageBloc Privacy Policy (located at http://www.stagebloc.com/legal/privacy). User understands and accepts all terms and conditions contained within the StageBloc Privacy Policy.
Acceptable Use
You acknowledge and agree that all information, text, music, images, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the Content producer. This means that you, not StageBloc, Inc., are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. StageBloc, Inc. does not control the User or third party Content posted via StageBloc or any of its Services. As such, it does not guarantee the accuracy, integrity, or quality of such User or third party Content. Under no circumstances will StageBloc, Inc. be liable in any way for any User or third party Content, including, but not limited to, any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via StageBloc and its Services. StageBloc, Inc. reserves the right to pre-screen User or third party Content posted on StageBloc in addition to monitoring some, all, or no areas of StageBloc and its Services for adherence to these Terms and Conditions or any other rules or guidelines posted by StageBloc, Inc.
StageBloc and its Services may only be used for the intended purpose for which such Services are being made available.
StageBloc does not allow any of the following content, or links to such content, to be uploaded, posted, emailed, or otherwise transmitted through the Service:
- Content of a lewd, obscene, pornographic, sexually explicit, threatening, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites or software, or any Content that facilitates hacking or "cracking."
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
In addition, StageBloc does not allow any of the following:
- Use of StageBloc or its Services to send unsolicited messages (also known as junk mail or SPAM) to promote any website or content published on the Service.
- Use of the network resources of StageBloc, Inc. for impersonation of another person or misrepresentation of others or StageBloc, Inc.
- Use of automated means, including additional computers, software, and scripts, to manipulate statistics, data, or information on StageBloc or any of its Services.
- Use automated means, including spiders, robots, crawlers, or the like, to download data from any StageBloc, Inc. Network database.
- Attempts to undermine the security or integrity of computing systems or networks of StageBloc, Inc., its Partners, or those accessed through or with their product, or any attempt to gain unauthorized access.
- Attempts to decompile, disassemble, reverse engineer, copy, create a derivative work, or display StageBloc of its Services software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
Users posting any of the above content on their sites or exhibiting any prohibited activity will have their Services suspended until a resolution is met between StageBloc, Inc. and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, Users must exercise caution when hosting large downloads. Large downloads are defined as being larger than 10 Megabytes. StageBloc reserves the right to refuse to host any large downloadable files.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of StageBloc, Inc.
Super Users
StageBloc and its Services allow for Super User accounts, which enable such Super Users access to multiple associated User accounts. Super Users may only be associated with and gain access to other User accounts with the express and verified consent of such other Users. This consent will be verified using a variety of methods including, but not limited to, approval via the Services account backend and use of provided personal account contact information. If at any time, a User account wishes to block access to any or all associated Super Users, an account representative must contact StageBloc, Inc. providing at least 5 working days notice.
To setup a Super User account or provide a current User account with Super User capabilities, please contact StageBloc.
Limited Liability
User shall defend, indemnify, save and hold StageBloc, Inc. and its officers, directors, employees, licensors, and other associated individuals or groups harmless from any and all demands, liabilities, losses, costs and claims, including attorneys' fees ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed, or any product used or sold by or to User, its agents, employees or assigns.
User shall defend, indemnify and hold harmless StageBloc, Inc. and its officers, directors, employees, licensors, and other associated individuals or groups against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall StageBloc, Inc. and its officers, directors, employees, and licensors, or any one else involved in creating, producing or distributing StageBloc or its Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use StageBloc or its Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to StageBloc records, programs or Services. This paragraph shall apply to all content and functionality of StageBloc and its Services.
Such limitations shall apply to StageBloc, Inc. total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Limited License to Posted Content
StageBloc, Inc. does not claim ownership to any Content posted by you on StageBloc. The copyright to all such posted Content shall remain with its original owner.
By posting Content on StageBloc, you warrant and represent that you have the right to post said Content and that doing so does not violate the rights of any third party. You agree to pay all royalties and fees owed to any person in response to any Content you post through StageBloc and its Services.
To provide for StageBloc and its Services, you hereby grant StageBloc, Inc. a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (such as in the re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform, and distribute any Content posted by you on or through StageBloc, to publish and promote such Content in connection with the Services, to publish and promote such Content on any other StageBloc, Inc. website, and to sublicense such rights solely as necessary to provide the Services. The license shall terminate at such time as you remove your Content from StageBloc.
Fees
User agrees to either a one (1) month or twelve (12) month contract agreement with StageBloc.
User can upgrade or downgrade their service agreement to any other contract agreement that StageBloc is currently offering at any time during User's contract term. In the event of a contract downgrade, credit equal to the difference in the cost of the two contracts will be applied to future User contract agreements with StageBloc, and is in no way transferable to a cash refund.
Super User service agreements are handled on a separate basis from standard User accounts. As with standard User service agreements, Super Users agree to either a one (1) or twelve (12) month contract agreement with StageBloc. All other terms apply.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the User's account Management section or via StageBloc's support email addresses. Any cancellation must be done at least 3 working days prior to the end of the contract term to allow for adequate processing time.
Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by StageBloc, Inc. and its partners are provided for a fee and the User is liable for such fees.
Chargeback / Refund Policy
StageBloc will not, under any circumstances, issue cash refunds for early contract cancellation. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
StageBloc, Inc. has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Service Reliability and Warranties
StageBloc, Inc. makes no warranties or representations of any kind, whether expressed or implied for the Services.
User's use of StageBloc, Inc. services are at User's sole risk. Neither StageBloc, Inc., its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that StageBloc, Inc. service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the StageBloc, Inc. Service, unless otherwise expressly stated in this Agreement.
StageBloc, Inc. also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of StageBloc, Inc. is at the User's own risk, and StageBloc, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
You expressly understand and agree that StageBloc, Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the provided Services. StageBloc, Inc. disclaims any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. StageBloc, Inc. disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the Services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. StageBloc, Inc. makes no warranty regarding the reliability or accessibility of Content or any storage facilities or Services offered by StageBloc, Inc.
Under no circumstances shall StageBloc, Inc. or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Changes in Services and Terms and Conditions
StageBloc reserves the right to modify the Services and rates for any reason, including the right to terminate the Services, and will communicate these changes to the subscriber within 30 days of their effect. In addition, StageBloc reserves the right to modify these Terms and Conditions without notice. Please review these Terms and Conditions from time to time so you are aware of any changes. Revisions will be considered agreed to by the User through continuing to use or access the Services in any way.
Violation of Terms and Conditions and Termination
StageBloc, Inc. may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of these Terms and Conditions or any other rights of StageBloc, Inc. and all associated companies and Services. StageBloc, Inc. and all associated companies reserve the right to seek legal prosecution and all equitable remedies against you including, without limitation, terminating any and all user accounts on any and all of the StageBloc, Inc. websites or Services.
In order to terminate Service, an account representative must contact StageBloc, Inc. providing at least 5 working days written notice. Upon termination of Services by StageBloc, Inc., or voluntary termination of service by User, StageBloc, Inc. has the right to delete all data, files, or other information that is stored in the User's account for any reason.