Terms of Service
1. User Accepts:
B. Although we may attempt to notify the User when major changes are made to these Terms of Service, it is encouraged that the User periodically reviews the most up-to-date version of these Terms of Service, as they may be subject to change. StageBeetle.com reserves the right to modify or revise these Terms of Service at any time, and the User agrees to be bound by such changes. Nothing in these Terms of Service shall be construed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of StageBeetle.com, including users who contribute content on StageBeetle.com. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to StageBeetle.com. The Service includes all aspects of StageBeetle.com, including but not limited to all products, software and services offered through StageBeetle.com, such as the different pages, features, and other applications found on the website.
B. StageBeetle.com may contain links to third party websites that are not owned or controlled by StageBeetle.com. StageBeetle.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StageBeetle.com will not and cannot censor or edit the content of any third-party site. By using StageBeetle.com, you expressly relieve StageBeetle.com from any and all liability arising from your use of any third-party website.
3. StageBeetle.com Accounts
A. In order to access some features on StageBeetle.com, the User will have to create a StageBeetle.com account. The User may never use another's account without permission. When creating an account, the User must provide accurate and complete information. The User is solely responsible for any and all activity that occurs on his/her account, and agrees to keep the account password secure. The User must notify StageBeetle.com immediately of any breach of security or unauthorized use of the account.
B. Although StageBeetle.com will not be liable for any losses caused by any unauthorized use of the User’s account, he/she may be liable for the losses of StageBeetle.com and/or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
StageBeetle.com hereby grants the User permission to access and use StageBeetle.com as set forth in these Terms of Service, provided that:
A. The User agrees not to distribute in any medium any part of the Service or the Content without StageBeetle.com's prior written authorization, unless StageBeetle.com makes available the means for such distribution through functionality offered on the website.
B. The User agrees not to alter or modify any part of StageBeetle.com.
C. The User agrees not to access content through any technology or means other than the video playback pages of StageBeetle.com or other explicitly authorized means StageBeetle.com may designate.
D. The User agrees not to use StageBeetle.com for any of the following commercial uses unless you obtain StageBeetle.com's prior written approval:
§ the sale of access to StageBeetle.com;
§ the sale of advertising, sponsorships, or promotions placed on or within StageBeetle.com or content; or
§ the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via StageBeetle.com, unless other material not obtained from StageBeetle.com appears on the same page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
§ uploading an original video to StageBeetle.com, or maintaining a StageBeetle.com Performer/Audience profile page, to promote the User’s business or artistic enterprise;
§ showing StageBeetle.com videos through the embeddable player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
§ any use that StageBeetle.com expressly authorizes in writing.
F. If the User uses the embeddable player on any third-party website, he/she may not modify, build upon, or block any portion or functionality of the embeddable player, including but not limited to links back to StageBeetle.com.
G. If the User uses StageBeetle.com video uploader, he/she agrees that it may automatically download and install updates from time to time from StageBeetle.com. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The User agrees to receive such updates (and permits StageBeetle.com to deliver these) as part of the User’s use of the video uploader.
H. The User agrees not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses StageBeetle.com in a manner that sends more request messages to StageBeetle.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, StageBeetle.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. StageBeetle.com reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from StageBeetle.com, nor to use the communication systems provided by StageBeetle.com (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any users of the StageBeetle.com with respect to their content.
I. In the User’s use of StageBeetle.com, he/she will comply with all applicable laws.
J. StageBeetle.com reserves the right to discontinue any aspect of the StageBeetle.com website at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.
A. The content on StageBeetle.com, the trademarks, service marks and logos ("Marks") on StageBeetle.com, are owned by or licensed to StageBeetle.com, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. The User may access content for his/her information and personal use solely as intended through the provided functionality of StageBeetle.com and as permitted under these Terms of Service. The User shall not download any content unless there is a “download” or similar link displayed by StageBeetle.com for such content. The User shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of StageBeetle.com or the respective licensors of the content. StageBeetle.com and its licensors reserve all rights not expressly granted in and to the website and its content.
C. The User agrees not to circumvent, disable or otherwise interfere with security-related features of StageBeetle.com or features that prevent or restrict use or copying of any content or enforce limitations on use of StageBeetle.com or the content therein.
D. The User understands that when using StageBeetle.com, he/she will be exposed to content from a variety of sources, and that StageBeetle.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. The User further understands and acknowledges that he/she may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and the User agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she has or may have against StageBeetle.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless StageBeetle.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the website.
6. Your Content and Conduct
A. As a StageBeetle.com account holder, the User may submit content to the website, including videos, user comments, and performance event information. The User understands that StageBeetle.com does not guarantee any confidentiality with respect to any content he/she submits.
B. The User shall be solely responsible for his/her own content and the consequences of submitting and publishing such content on StageBeetle.com. The User affirms, represents, and warrants that he/she owns or has the necessary licenses, rights, consents, and permissions to publish content he/she submits; and the User licenses to StageBeetle.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on StageBeetle.com pursuant to these Terms of Service.
C. For clarity, the User retains all of his/her ownership rights in your content. However, by submitting content to StageBeetle.com, the User hereby grants StageBeetle.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the website and StageBeetle.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the StageBeetle.com (and derivative works thereof) in any media formats and through any media channels. The User also hereby grants each user of StageBeetle.com a non-exclusive license to access his/her content through StageBeetle.com, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the website and under these Terms of Service. The above licenses granted by the User in video content he/she submits to StageBeetle.com terminates within a commercially reasonable time after the User removes or deletes his/her videos from the website. The User understands and agrees, however, that StageBeetle.com may retain, but not display, distribute, or perform, server copies of his/her videos that have been removed or deleted. The above licenses granted by the User in user comments he/she submits are perpetual and irrevocable.
D. The User further agrees that content he/she submits to StageBeetle.com will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless he/she has permission from the rightful owner of the material or he/she is otherwise legally entitled to post the material and to grant StageBeetle.com all of the license rights granted herein. E. The User further agrees that he/she will not submit to StageBeetle.com any content or other material that is contrary to the StageBeetle.com Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. StageBeetle.com does not endorse any content submitted to the website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and StageBeetle.com expressly disclaims any and all liability in connection with content. StageBeetle.com does not permit copyright infringing activities and infringement of intellectual property rights on the website, and StageBeetle.com will remove all content if properly notified that such content infringes on another's intellectual property rights. StageBeetle.com reserves the right to remove content without prior notice.
7. Account Termination Policy
A. StageBeetle.com will terminate a User's access to the website if, under appropriate circumstances, the User is determined to be a repeat infringer.
B. StageBeetle.come reserves the right to decide whether content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, excessive length, or any of the violations enumerated in the Community Guidelines. StageBeetle.com may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a User’s account for submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
StageBeetle's designated Copyright Agent to receive notifications of claimed infringement is P. M. Cicchini, 1323 Lamb, Troy, MI 48085; email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to StageBeetle via the feedback/contact links found throughout the site. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Alexandria, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, StageBeetle may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at StageBeetle's sole discretion.
9. Warranty Disclaimer
THE USER AGREES THAT HIS/HER USE OF THE SERVICES SHALL BE AT THE USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STAGEBEETLE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USER’S USE THEREOF. STAGEBEETLE.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM STAGEBEETLE.COM’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH STAGEBEETLE.COM SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. STAGEBEETLE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STAGEBEETLE.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL STAGEBEETLE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF STAGEBEETLE.COM’S SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM STAGEBEETLE.COM’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE USER SPECIFICALLY ACKNOWLEDGES THAT STAGEBEETLE.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
StageBeetle.com is controlled and offered by StageBeetle from its facilities in the United States of America. StageBeetle makes no representations that the website is appropriate or available for use in other locations. Those who access or use StageBeetle.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, the User agrees to defend, indemnify and hold harmless StageBeetle.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the User’s use of and access to StageBeetle.com; (ii) the User’s violation of any term of these Terms of Service; (iii) the User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User’s content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and the User’s use of the website.
12. Ability to Accept Terms of Service
The User affirms that he/she is either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, the User affirms that he/she is over the age of 13, as only the KidsStage section of StageBeetle.com is intended for children under 13 without parental supervision. If the User is under 13 years of age and not under parental supervision, then please restrict your use of StageBeetle.com to only the KidsStage area of the site.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StageBeetle.com without restriction.
Dated: November 12, 2013