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LISTERS: VENUES, BANDS, ARTISTS AND LABELS AGREEMENT
Last up date: 01/05/2009 - effective immediately - This agreement can be modified at anytime
Welcome to SHOWSINTHEUS.COM
LISTERS: VENUES, BANDS, ARTISTS, RECORD LABELS, PROMOTERS, BOOKING AGENCY, FESTIVAL AGREEMENT
WHO WE ARE: Showsintheus.com is a website (“Site”) designed to connect venues, bands and artists in general with the public at large about all events of interest in their community.
1 / GENERAL INFORMATION
Venues: To preserve the validity of our data, all venues may only post (list) artist(s) or band(s) who are under specific contract, agreement (verbal or written) with you or company. We can suspend any account, without notice, if a lister post (list) false information or shows.
Bands / Artists: To preserve the validity of our data, you may only post (list) venues who are under specific contract, agreement with you, band or company. We can suspend any account, without notice, if a artist or band post (list) false information or shows.
Records labels: To preserve the validity of our data, you may only post artist(s), band(s) who are under specific contract, agreement with you or company. We can suspend any account, without notice, if a record label post (list) false information or shows.
Promoters / Booking agency: To preserve the validity of our data, all promoters, booking agencies may only post (list) artist(s), band(s) or venues who are under specific contract, agreement (verbal or written) with you or company. We can suspend any account, without notice, if a promoter or booking agency post (list) false information or shows.
Festivals: To preserve the validity of our data, all venues may only post (list) artist(s), band(s) or venues who are under specific contract, agreement (verbal or written) with you or company. We can suspend any account, without notice, if a festival post (list) false information or shows.
Things We Don’t Allow
Adult Materials: You agree not to list or sell any adult, racial, obscene or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so. You agree not to post or list, directly or indirectly (included through banners), any links with adult, racial and obscene content or inappropriate web sites links. Illegal Activity: You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.
We Don't Do Certain Things: Sporting events, cinema, theatre (movies), religious events, parties, radio broadcast, sponsoring.
Violations, Termination and Suspension: We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we reasonably believe your conduct may cause legal liability for you, for other members, or for Showsintheus.com. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. Showsintheus.com is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this Agreement.
Disclosure of Information: You agree that Showsintheus.com may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Showsintheus.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Investigations: We may investigate complaints and violations of our policies. You agree to cooperate fully with all such investigations, including without limitation, providing us specific information regarding any transactions of interest to us.
Making Adjustments: You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Buyer Protection Guarantee; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (d) you are not able to produce the exact seats that you listed on the Site; or (e) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
Other Information: You represent and warrant that any information you provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data, or personal information.
Laws and Regulations: You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the tickets.
Indemnity: You agree to indemnify and hold Showsintheus.com and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless from and against any and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Showsintheus.com and (if applicable) any parents, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.
Changing and Updating Personal Information: Consumers can change all of their personal account information by going to the My Account page at http://www.showsintheus.com and clicking the "my Account" button. You can change your address, telephone number, email address, as well as your privacy settings (login id and password). Supplementing Information: In order for this Site to properly fulfill its obligation to protect all of its users, it is necessary for us to verify your credit card information with a third party. Currently we use Authorized.net, but we reserve the right to change verification agents if we deem it necessary. We collect credit card information for verification purposes only; we do not store your credit card information with your profile other than that your credit card has been verified.
2 / TICKET TRANSACTIONS
Who Can Sell Tickets: Showsintheus.com authorized only official venues, members or business to sell tickets through the website. To access the selling ticket page, contact us at customerservice@showsintheus.com or showsintheus@yahoo.com. What you need: permit and licenses to prove that your venue or business is official. Each venue can sell their tickets ONLY and no others. All tickets sold through Showsintheus.com are NOT for resale. Because Showsintheus.com doesn’t provide any contracts, venues, members or business can start or stop to sell tickets at anytime. The Lister can provide to the user, via links to different websites, information about their ticket(s). Please be aware that Showsintheus.com exercises no control over linked sites and is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before postings those links in Showsintheus.com.
Selling Ticket Process: As part of the listing process, the Seller assigns a price to the tickets, how many tickets are available and provides information such as the event, date, section, seat, and row in accordance with the process outlined in the Seller's Handbook. The Seller sets a definite price. After purchasing a ticket(s), the Buyer will receive, through his personal “message” page, an invoice with his ticket(s) attached. To access to the event, the buyer must print each ticket(s) and each ticket holder must have a valid ID that matches the name on the printed ticket. The venue has access to a special page which tracks every transaction, with name of the Buyer(s), other name(s) on the buyer list, credit card authorization. Every ticket sold has a different bar code or code or authorization number to secure each transaction, and has at least the name of the purchaser. The purchaser acknowledges that the name(s) entered on the order form will be released to the venue, business. The purchaser acknowledges if (a) for any reason, one of the person names on the ticket(s) purchased can’t go to the show, the venue or Showsintheus.com won’t refund the ticket, (b) the name printed on the ticket doesn’t match the ticket holder id, the venue or business can refuse the access to the event, and the venue, business or Showsintheus.com won’t refund the ticket. For each show, Shows in the US, inc. sends a statement via mail or email to the seller with the total tickets sold, the gross sales, the total fee, and the total Shows in the US, inc. owes the venue or business. Shows in the US inc. will pay the venue or business in 10 (ten) working days (maximum) from the day after the show.
Cancelled Show with Tickets Sold: If an event for which you have posted a ticket becomes cancelled, postponed or rescheduled before you sell any tickets, promptly remove your posting. If you sold a ticket(s), then the Purchase Policy Cancellation Policies will no longer apply to that ticket and you or anyone else who previously held that ticket. If the event is cancelled, the venue agrees to a refund for the face value of the ticket. Refund request must be made within 3 days of the event’s originally scheduled date. Unless the event is canceled or rescheduled there are no refunds. Showsintheus.com will not refund you any fees on any transactions.
When a Ticket Posting Becomes Irrevocable: If you change your mind, and decide to use the tickets at your box office, simply turn off (at any time), the ticket posting before the tickets are ordered. Once the tickets are in a posting and ordered by a purchaser, you will not be able to modify, cancel the purchase, or to stop the tickets sale. At that point, you have to accept all tickets sold before you turned off the ticket posting.
Are There Fees For Using This Service? : It is FREE to list, and to modify a show (s). Only one show by day can be posted on your page (a show = one page = one day). If you sell tickets, there is a fee on Ticket SOLD ONLY to cover our costs of managing the logistics of your transaction. This fee is simply subtracted from your payment. When setting your price, please keep in mind of this fee. Below, you can see the fee rates. You should set a sale end date which ends at a time and date that you are still available to check your page and have the ability to print what was sold.
| Ticket sale Price | Transaction Fee For Each Ticket Sold | | From $5.00 to $10.00 | FREE | | From $10.01 to $15.00 | FREE | | From $15.01 to $20.00 | FREE | | From $20.01 to $25.00 | FREE | | From $25.01 or more | FREE |
Your Warranties To Us: Accurate Descriptions: For all tickets you list as the Seller, you warrant that your descriptions of the tickets accurately detail the amount of tickets for sale, and describe the tickets offered for sale. Note especially the DATE of the event, the SECTION and ROW of your tickets.
3 / PACKAGE PLAN / BANNERS
How It Works: Choose the package plan that suits your needs. Upon purchase, you can access to “add my banner picture” space to my page. If you don’t have a banner at the time of the purchase, don’t worry. After the purchase validation, the “banner spot(s)” are automatically reserved for your convenience. You have just to upload your banner picture. You can change your banner only when you renew the package plan.
Banner description: The banner you are buying is located on the top of your page. If you want to buy banners outside your page, contact us: see link below. We don’t do or provide any banners. You can put a link in your banner, after purchase. We don’t charge for “clicks” (most of the website charge the advertiser, when someone “click” on the banner). The banner dimensions must be 728x90 – static & flash banner are accepted.
Who Can Buy a Package Plan: If you are a Lister: band, an artist, a venue, a club, a theatre, a record label, promoter, booking agency, you are eligible to buy any package plan at any time.
If You Don’t Want a Package Plan: By declining a package plan, you agree to accept, and keep any banners on your page, posting or listing. Be aware, on your page(s), the banner(s) can be a competitor, another club, another band or something related.After declining a package plan, you still have the possibility to buy a package plan, at anytime.Can I Change the Package Plan?Monthly Package Plan: You can change your plan, provided you upgrade it. We will charge you the difference (by days left in the old plan). If you want to downgrade your plan, you have to wait until the end of your monthly subscription. You can change your plan at any time, in your account page, “My package plan”.Day by Day Package Plan: You can change your plan, provided you upgrade it. We will charge you the difference (by days left in the old plan). If you want to downgrade your plan, you have to wait until the end of your day by day subscription. You can change your plan at any time, in your account page, “My package plan”.
Package Plan Description
General: All banner(s), and picture(s) on packages 1, 2, 3 are the same (one same banner, one same picture). After subscription or each re-subscription the banner can be changed only one time. After purchase, every time you post a listing, your banner will appear automatically on the top of your listing. Monthly package plan: General subscription (Free Package): To get your own free package you need to subscribe. All subscriptions are FREE. Now you have your own page with a picture, and free access to post your shows.Package 1: In addition to the free package, you can purchase the “banner spot” in your own page (only in your profile page – top page), and purchase the “banner spot” in your calendar.Package 2: In addition to the free package and package 1, promote your club, your art gallery, or your band by adding your own banner on every listing. No matter how many shows you organize a month (maximum one show a day), every single page will display your banner. In addition, all our subscribers have preferences, and can save them in their own page (favorite types, shows, artists, or events). As soon you validate a posting (listing), all subscribers in the state correspondent, and who match the posting profile, will receive a message about your show. Five days before the show and again on the day of the show, the subscriber gets another message reminder. Your banner, plus your picture will be contained in each message reminder.Package 3: In addition to the free package, package 1 and package 2, you have access to change the picture, in each listing, when you add an event. Now the picture you just upload is different than your profile page. In addition, you have access to change the banner, in each listing, when you add an event. Now the banner you just upload is different than your profile page. Package 4: In addition to the free package, package 1, package 2 and package 3, if you are a club, venue who has authorization to sell tickets through our Site, your banner will appear on every step of the purchase process. When a purchase is confirmed, the subscriber will receive confirmation through his personal message account. In this message, the subscriber will see his “ticket(s)”, your banner on the top of the page(s), plus all the information relate of the show (club name, address, artist etc…).Day by day package plan: General subscription (Free Package): To get your own free package you need to subscribe. All subscriptions are FREE. Now you have your own page with a picture, and free access to post your shows.Package 1: In addition to the free package, you can purchase the “banner spot” in your own page (only in your profile page – top page), and purchase the “banner spot” in your calendar.Package 2: In addition to the free package and package 1, promote your club, your art gallery, or your band by adding your own banner on every listing. No matter how many shows you organize a month (maximum one show a day), every single page will display your banner. In addition, all our subscribers have preferences, and can save them in their own page (favorite types, shows, artists, or events). Five days before a show and again on the day of the show, the subscriber gets a message reminder from all “Listers” about all shows who match the “Lister posting profile” and “Subscriber profile”. Your banner, plus your picture will be contained in the message reminder.As a listing party with us, you are responsible to upload your banner. The day you purchase any package plan represents the subscription start date for the “package plan”. If your subscription starts on May 14, for example, you will receive a message from Showsintheus.com on June 9 (5 days before the end of your subscription cycle), informing you the end of your subscription. This procedure is automatic and for your convenience. You don’t have to reply to those messages (if you want to stop the subscription) unless you wish to re-subscribe to the same or another package plan. The cancellation will take effect at the end of the subscription period. Showsintheus.com will not refund any days left in your package plan, if you decide to discontinue your package plan during the month.Terms of Use: If you buy one of the package plans (from numbers 1 to 5), you agree to put in the banner section your own advertisement about art, music or entertainment, and you agree to add in your own banner a link about art, music or entertainment. We don’t accept in the banner and the link: any pornographic pictures or subject matter, alcohol advertisements, cigarette advertisements, any violent pictures, or other objectionable subject matter, as we determine in our sole discretion. As the principal subscriber, you agree to these Terms of Use. We reserve the right, at any time, to remove an inappropriate banner from your page or listing, without warning.Any illegal or unauthorized use of the banner shall constitute a violation of these Terms of Use. Illegal or unauthorized use of the banner section includes, but is not limited to, unauthorized use of any robot, spider, software or routine or other automated process on the Site, that interferes with the proper working of the Site. Any and all authorized copyright, trademark or tradenames used in Showsintheus.com are for descriptive purposes only. Any and all unauthorized copyright, trademark or tradenames used in Showsintheus.com are prohibited.There shall be no refund of any monies to any person or entity for violating any of the Terms of Use.
4 / COMMUNICATIONS FROM THE SITE
Service Announcements, Special Offers, Updates and Newsletter: On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users a message. Generally, users may not opt-out of these communications. However, these communications are not promotional in nature. Established members will occasionally receive information on products, services, special deals, and a newsletter (ONLY through “my message” area).
Transactions: Members who sell tickets will receive a number of messages throughout the transaction (purchase details, invoices, and other notices).
Back up Information: Showsintheus.com is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.
Customer Service: We communicate with users on a regular basis to provide requested services. We respond to issues relating to a user's account via message.
Sharing Information: At Showsintheus.com, we care about your privacy. We will not share your credit card number or any other financial information with any third party except for the verification purposes mentioned above. We may share your personal information with third parties in the following instances:
Co-Branded Partners: The contact information and transaction data (excluding credit card numbers) provided by customers on our co-branded sites and registered or transacted through a partner's co-branded website are essentially shared with the owner of that co-branded website. Your choices about being contacted are included with that information so that our co-branded partners can respect your preferences. Refer to that website's privacy policy for information on how they will handle your personal information.
Third - Party Service Providers: We may disclose information about individual users to third parties who provide services to Showsintheus.com. These third parties provide a variety of services to Showsintheus.com, including, without limitation, processing credit card transactions, and disbursing payments to Sellers. In addition, these services may include enhancing the information Showsintheus.com collects about its customers. We may also use third-party message providers to assist with sending our marketing messages. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. Any personally identifiable information that Showsintheus.com shares with its service providers may only be used to provide services to Showsintheus.com and the service providers will not be given permission to use such information for other purposes.
5 / TECHNICAL INFORMATION
Profile: We store information that we collect through cookies and log files to create a profile of our users. A profile is stored information that we keep on individual users which details their preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide offers and improve the content of the Site for the user. This profile is used to tailor a user's visit to our Site, and to direct pertinent marketing promotions to them. This information may also be used to help improve our services overall. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site.
Cookies: A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is not linked to any personally identifiable information while a user is visiting our Site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. If users reject the cookie, they may still browse our Site, however, they will not be able to buy or sell tickets. Persistent cookies can be removed by following the Internet browser help file directions.
Log Files: Like most standard website servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring pages, platform type, date/time stamp. IP addresses, etc. are linked to personally identifiable information. We use Log Files in error diagnostics, session management and determining our advertising efficacy.
External Links: The Site contains links to other web sites maintained by third parties. Please be aware that Showsintheus.com exercises no control over linked sites and is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information to them.
When we say "Showsintheus.com", we mean: showsinalabama.com, showsinalaska.com, showsinarizona.com, showsinarkansas.com, showsincalifornia.com, showsincarolina.com, showsincolorado.com, showsinconnecticut.com, showsindakota.com, showsindelaware.com, showsinflorida.com, showsingeorgia.com, showsinhawaii.com, showsinidaho.com, showsinillinois.com, showsinindiana.com, showsiniowa.com, showsinkansas.com, showsinkentucky.com, showsinlouisiana.com, showsinmaine.com, showsinmaryland.com, showsinmassachusetts.com, showsinmichigan.com, showsinminnesota.com, showsinmississippi.com, showsinmissouri.com, showsinmontana.com, showsinnebraska.com, showsinnevada.com, showsinnewhampshire.com, showsinnewjersey.com, showsinnewmexico.com, showsinnewyork.com, showsinohio.com, showsinoklahoma.com, showsinoregon.com, showsinpennsylvania.com, showsinrhodeisland.com, showsintennessee.com, showsintexas.com, showsinutah.com, showsinvermont.com, showsinvirginia.com, showsinwashington.com, showsinwashingtondc.com, showsinwisconsin.com, showsinwyoming.com
are subsidiaries websites of “Showsintheus.com”.
Copyright © 2009 Shows in the US, Inc. All rights reserved
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