TERMS AND CONDITIONS
TERMS OF TICKET PURCHASES, ACCESS TO, AND PARTICIPATION IN SINGSTRONG EVENTS
LAST UPDATED: FEB 4, 2020
LAST UPDATED: FEB 4, 2020
THIS IS A LEGAL AGREEMENT
These terms form an important, binding legal agreement between you (any of the following: the purchaser of a ticket or pass, volunteer, artist, teacher, coach, participant, competitor, student at SingStrong, or user of this website, or licensee of SingStrong materials: hereinafter collectively referred to as "you" or "participant") and SingStrong Inc. a New York not-for-profit corporation, and its board, volunteers, agents, affiliates and assigns ("WE" or "our" or "US" or "SingStrong").
READ AND AGREE TO ALL TERMS BEFORE PARTICIPATING
Read all terms carefully before purchasing tickets and before participating in any SingStrong festival event as an artist, volunteer, employee, staff, attendee, sponsor, or in any other capacity at SingStrong. By purchasing a ticket, volunteering, competing, or attending any SingStrong-related event or by accessing SingStrong's website or its materials or other events, live in any forum, or on this website or otherwise, by attending our events, official or otherwise, our festivals or related events, or participating in any capacity or any way, you hereby agree to these terms:
BEHAVIOR OF ALL THOSE AT SINGSTRONG
SingStrong is a community event in which all attendees, in every capacity, are expected to behave in a manner that is respectful, polite and compassionate. We nurture positivity, inclusion and mutual support. This festival and its events are about about reaching new heights together! Of course, it follows from our philosophy that prejudice, bullying, exclusion or harassment -especially of any protected class (race, religion, gender, sexuality, national origin, pregnancy, etc.)- is strictly prohibited. Our Sexual Harassment Policy and Complaint Form as published on SingStrong.org are incorporated into this agreement and made a part of it by reference.
DISCOUNTS MAY REQUIRE ID
To receive any status discount (senior, student, music teacher, etc), you may be asked to display your valid identification, proving you are a member of the discounted class; If you cannot, you may be charged the applicable full rate as if you were not a a member of the discounted class.
BULK DISCOUNT REQUIRES SIMULTANEOUS PURCHASE
To receive the online discount for groups of ten or more, or any other size/bulk discounts, you must *SIMULTANEOUSLY* purchase all tickets in one single order, during a single purchasing session, and only one credit card may be used to pay for the entirety of the order. Multiple or sequential orders cannot be combined for a discount. To receive bulk/group discounts in person, you must simultaneously purchase all tickets at the door or box office, in one single order.
SINGSTRONG IS USUALLY STADIUM SEATING
Unless we note otherwise, SingStrong events are General Admission/ Stadium Seating rather than reserved seating. We therefore advise early arrival for best viewing or for those needing extra time.
HANDICAPPED INDIVIDUALS OR THOSE NEEDING SPECIAL ATTENTION MAY CONTACT US SO WE CAN ASSIST
If you are handicapped or need special attention, please advise us in advance so that we may have time to best address your needs.
TICKETS, ACCESS, AND KEEPING YOUR TICKETS SAFE
SingStrong's Online Ticketing service, which may be provided by a 3rd party, will provide additional instructions regarding ticket use and you agree to those terms. Each ticket may only allow entry once per show/class/event. Once the first print or copy of a ticket is presented for entry, it may be scanned and any additional copies of that same ticket may become invalid, null and void, and not be accepted for admission. For this reason, you must keep your tickets and passes secure and prevent others from copying them.
To help avoid the potential of scams, SingStrong recommends that each person, or group, purchases their own tickets and keeps them secure, and that no one ever purchases or sells scalped or resold tickets. There is no way for a purchaser to determine whether a ticket being offered for sale is authentic, if it has been purchased from any other source besides singstrong.org or our authorized 3rd parties described there. There is no way to determine whether any given ticket has been sold by an unauthorized 3rd party to more than one buyer until the ticket is presented for entry.
ACCURATE INFORMATION
Online purchases and other sign-ups require complete and accurate information. Please take extra care to enter your credit card and email information with precision.
ARRIVE AT LEAST 15 MINUTES EARLY FOR ANY CONCERT, OR, JUST LIKE AIRLINE FLIGHTS, YOU CAN LOSE YOUR SEAT
Like airline flights, Concerts may be oversold . To ensure seating, all ticket holders, including Weekend pass holders must be on site 15 minutes prior to the scheduled show time. If weekend pass/ticket holders arrive following this time, they will be admitted only on an availability basis. (This policy helps keep ticket prices lower and addresses the fact that many attendees purchase weekend passes, but are unable to attend all events included in the pass.)
FREE GROUP COACHING REQUIRES PURCHASING PASSES FOR ALL ATTENDEES AND MAKING A REQUEST FOR COACHING
All attending members of an a cappella group must purchase weekend passes, (VIP, Adult or Discount) or ClassPasses to be eligible to receive a free group coaching. A representative of the group must request a group coaching using this link after all members have purchased the necessary passes. Coachings are assigned on an availability-basis for some classes of tickets or passes.
INDIVIDUAL TICKETS TO EVENTS ARE LIMITED TO THAT EVENT
Tickets to individual concerts or day classes are for the stated event (a particular concert or day's master classes) only, and do not include any additional access, unless we specifically state that they do.
PHOTOGRAPHY, VIDEOGRAPHY, RECORDINGS AND YOUR ASSIGNMENT OF COPYRIGHT TO SINGSTRONG
Photography or recording by you at concerts or classes or otherwise at the site or of SingStrong or at its events is not allowed unless an announcement is made that such recording is permissible. Whether or not you have permission, and regardless of any announcements made, you hereby agree that all rights, including copyright, to any photos, videos or other recordings made by you at or of SingStrong Events, including but not limited to concerts or classes, belong wholly and entirely to SingStrong Inc.. We can use those materials in any way we choose, and we can prohibit the use of those materials by others, including you. If this grant of copyright is found unenforceable for any reason by a court of competent jurisdiction, including by an arbitrator of competent jurisdiction, then you hereby grant to SingStrong Inc. a perpetual, universe-wide, royalty-free, payment-free, fully paid, exclusive, transferable license to take any actions or refrain from any actions described or alluded to in this paragraph, or which any sole copyright holder could enjoy, and waive all moral rights or other objections thereto.
BY ATTENDING, YOU AGREE TO BE RECORDED AND TO LET US USE ANY RECORDING IN WHICH YOU OR YOUR MATERIALS APPEAR
You may be photographed, filmed, streamed, broadcast or otherwise recorded while at SingStrong events. You hereby grant SingStrong Inc. the broadest possible rights and permissions to use such recordings including, without limitation, and without obligation on our part, the non-exclusive right to freely use your name and likeness, and any information or other materials you provide to us. Regarding both recording and performance that, in any manner, records, captures or reproduces you, or your materials, or regarding recordings made by you of or at SingStrong events, you hereby grant SingStrong Inc. and our agents and assigns the broadest possible rights and permissions including without limitation or obligation, to copy, distribute, sell, transmit, archive, publicly display, compile, perform, alter, destroy, create derivative works from, create compilations from, or prohibit the use of such images, materials or recordings, in whole or in part, in any way throughout the Universe, without restriction, without obligation, and without any payment, credit or notification to you. You hereby waive all moral rights or other objections regarding these. If this grant of copyright is found unenforceable for any reason by a court of competent jurisdiction, including by an arbitrator of competent jurisdiction, then you hereby grant to us a perpetual, universe-wide, royalty-free, payment-free, fully-paid, exclusive, transferable license to take any actions or refrain from any actions described in, or alluded to in this paragraph, and waive all moral rights or other objections thereto.
ALL SALES ARE FINAL, NON-REFUNDABLE AND NON-EXCHANGEABLE
All sales and associated fees are final and all ticket purchases and associated fees are non-refundable and non-exchangeable.
ACTUAL LINE-UP OF PERFORMERS MAY CHANGE FROM THOSE POSTED OR ADVERTISED
The advertised line-up of performers, teachers and coaches are subject to changes and substitutions without notice. Illness, acts of God, travel issues and countless other factors will effect the actual line up at any given concert or other SingStrong-related event. For this reason, SingStrong often schedules multiple performers at each concert. You accept the risk that some advertised or scheduled individuals may not be a part of a given event.
WEATHER AND CANCELATION OF THE FESTIVAL IN ITS ENTIRETY
This situation has not occurred in over 20 festivals, but it is prudent to address the possibility of a COMPLETE OR PARTIAL FESTIVAL CANCELATION. In the unlikely event of a complete or partial cancelation of the festival, SingStrong will make announcements on www.SingStrong.org that will describe details of reschedule, or reimbursement, as appropriate. In the event of inclement weather, SingStrong events typically still occur. Only the most severe of conditions would cause a cancelation. We will post on SingStrong.org any updates regarding inclement weather. Please do allow yourself much more time to travel slowly and safely during any inclement weather event, as safe speeds and safe roads may be drastically reduced or altered.
USE AND PARKING OF VEHICLES AT OWN RISK
If you use or park a vehicle at SingStrong event, you do so entirely at your own risk, and you hold SingStrong Inc and its board, partners, employees, agents, volunteers, assigns and affiliates harmless and indemnify them for any loss or damage from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs) related to the vehicle, its passengers, driver, or its contents, whether parked or in motion. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
PROHIBITED ITEMS. PROHIBITED BEHAVIOR.
Alcohol, tobacco, weapons, firearms, and illegal drugs are strictly forbidden at SingStrong events. Anyone appearing inebriated or not in full control of themselves, smelling of alcohol, smoking, acting in a belligerent manner, disrupting the enjoyment of other attendees, causing or threatening harm to persons or property, or failing to obey the instructions of SingStrong Producers, Staff or Volunteers may be, at SingStrong's Producers' sole discretion, removed from any and all SingStrong events without advance notice or warning, and without refund of any kind, and may have any of their or their group's payment, awards, monetary or otherwise, stripped, revoked, canceled or otherwise nullified; and both the individual and the group they represent, if any, may be immediately barred from attendance, competition, participation or performance now or in the future as the Producers in their sole discretion shall determine. All SingStrong's remedies are in addition to all others available to it under any theory of law or equity, all of which are reserved.
BEHAVIOR WE ENCOURAGE
We want every attendee to be a positive role model. We strongly encourage attendees to look after their own well being, physically and emotionally. If anything or anyone at or during the festival makes you uncomfortable, we want you to let a producer know so that we can try to make it right and get you to a safe space. If the situation is at the level of an emergency, such as where your physical safety is under imminent threat, reach safety, call 911 first and then let us know. We encourage taking a proactive role in asking for permission in advance to touch others, especially if the touch might be surprising or unwanted. If you are uncomfortable with handshakes, hugs, pats on the shoulder and similar physical contact typically used in greeting, we ask that you proactively warn others of your discomfort wherever possible. We encourage all participants not to make assumptions about the gender, sexual preferences, or other characteristics of others.
BEHAVIOR WE DISCOURAGE
We discourage any two or more individuals being alone together anywhere at or during the festival, unless they are completely comfortable with one another and enjoy an extended, positive and completely trustworthy history. Though we are aware of no significant issues of any kind, it is prudent to take every precaution to maintain safety, especially in the case of minors. Extra precautions should be taken in situations in which students or others in lower perceived power positions are with teachers, coaches, judges or others with actual or perceived authority.
YOU HOLD US HARMLESS
All participants, attendees and ticket purchasers agree to hold the producers harmless and indemnify them reasonable attorneys fees and from any and all claims which may arise in connection with their participation in any SingStrong-related events, official or otherwise, including but not limited to personal injury, intentional infliction of emotional distress, copyright infringement, trademark infringement, slander and libel.
MINORS MUST BE SUPERVISED BY AN ADULT
SingStrong Inc. allows the attendance at our events by all ages, but we do do not supervise attendees, including minors. Parents, Guardians and Teachers must properly supervise their minor children and students.
AFTERGLOWS AND PARTIES ARE NOT AN OFFICIAL PART OF THE FESTIVAL. ADULTS ATTEND AT YOUR OWN RISK. MINORS NEVER ATTEND.
Afterglows and/or any parties which occur at the hotel or during the weekend of events, regardless of who attends, are NOT an official part of SingStrong. However, as a material term of this agreement, to the fullest extent allowed by law, you expressly indemnify and hold harmless SingStrong Inc. and its directors officers, partners, volunteers, agents and assigns for reasonable attorneys fees and for any harm, including personal injury or death, that should come to you or others, or damage to property, as a result of you attending, or participating in, or traveling to or from, any of the Afterglow(s), parties or similar events. You agree that Bars and restaurants, especially those that serve alcohol or stay open late, are INHERENTLY DANGEROUS. Attend only at your own risk. SingStrong Inc. does not control attendance, but we do strongly discourage minors from attending. The AFTERGLOW(s) and any Afterparties or similar events are NOT official SingStrong events. SingStrong tickets or passes are NOT required. SingStrong Inc. is not renting, insuring, directing, serving or controlling any aspect of the restaurant or bar. SingStrong Inc. does not receive any benefit of any kind, monetary or otherwise, from your attendance or lack of attendance. Do NOT drink and drive, ever, under any circumstances. It is highly dangerous and potentially lethal to yourself and others. Pregnant women or those who suspect they may be pregnant, should not drink alcohol as it can cause harm to the fetus. Do not mix alcohol and any drug whether prescription or over-the-counter, whether legal or illegal as doing so can cause injury or death. Do not use illegal drugs as they can cause injury or death. New York law prohibits those under 21 years old from drinking alcohol. Shuttles may be provided by Adelphi University. Entertainment or access to facilities may be facilitated by SingStrong. You agree that this does not alter any sentence in this paragraph, or elsewhere in these terms. Nontheless, you expressly agree to indemnify and hold those providers harmless to the fullest extent allowed by law.
SEVERABILITY
Any portion of this contract which is deemed by a court of competent jurisdiction not to be in compliance with the law shall be modified to the smallest degree necessary to be in legal compliance, and all other sections of this agreement shall not be affected thereby but shall remain in full force and effect.
LIMITATION OF DAMAGES
In the event that this contract is deemed to allow damages to a prevailing plaintiff, these damages shall be limited to a maximum amount equal to the entry fees paid by the competitor/participant and/or the cost of a purchased ticket or pass, as appropriate.
TICKETS DO NOT INCLUDE HOTEL, FOOD, DRINK, MERCHANDISE, ETC.
Tickets do not include hotel or other lodging, food, drink, transport, services or merchandise, unless specifically stated in the terms of purchase.
PRICES SUBJECT TO CHANGE
Ticket prices and availability are subject to change without notice.
HEADINGS ARE SOLELY FOR CONVENIENCE
Headings, capitalization, italics and other similar emphasis are solely for the convenience of the parties and shall not affect the interpretation or meaning of this contract.
AGE APPROPRIATE CONTENT
Unless we specifically state to the contrary, SingStrong encourages and sometimes contractually requires our artists, teachers and volunteers to behave professionally and to present only materials that are in keeping with the local NYC standards of current family-friendly content there, and on radio and/or TV. However, we have found that from time to time, we do have artists that may not strictly comply with this instruction. Their infractions are generally by accident, such as the brief use of an unplanned vulgarity, or the inclusion of suggestive or explicit material in a song. This is often a question of taste and rarely if ever are are children exposed to anything objectively shocking or stressful. However, if you or your child is highly sensitive, you may want to take this into account before purchasing tickets or passes.
WARRANTY OF COPYRIGHT PERMISSION, NON-INFRINGEMENT, NON-DEFAMATION, ETC.
If you or your minor child is performing material at SingStrong in concerts, classes or otherwise, you hereby warrant and affirm that either the material was created by the child and you and the child grant all necessary permissions to perform or display that arrangement or original music and lyrics or other material, or that you or the performers have otherwise obtained any necessary permissions or licenses to arrange, and perform the particular arrangement of any material, including copyrighted songs. You further warrant and affirm that your performance will not libel, slander or defame any person or entity or infringe upon the intellectual property rights of another. If you knowingly or unknowingly violate this warranty and affirmation, you agree to hold us harmless and indemnify SingStrong Inc. and its agents, affiliates, assigns, board of directors, employees and volunteers from any and all harm or damages which may result, including reasonable legal fees and claims of copyright infringement.
SINGSTRONG'S DISCLAIMER OF WARRANTIES
WE PROVIDE ALL SINGSTRONG-RELATED PRODUCTS AND SERVICES, AND ALL SINGSTRONG-RELATED CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE FESTIVAL AND THIS SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
ADDITIONAL LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR LIVE EVENTS OR FESTIVAL-RELATED ACTIVITIES, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH SAME OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANY 3RD PARTY, INCLUDING ANOTHER USER OF THE SITE OR ATTENDEE AT OUR EVENTS TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR EVENTS, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE OR UNSECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FESTIVAL OR OTHER EVENT IS TO STOP ATTENDING THE FESTIVAL OR EVENT. THE LIMITATIONS IN THIS SECTION AND THROUGHOUT THIS AGREEMENT WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US FOR THE EVENT IN QUESTION, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL YOUR ATTORNEYS' FEES BE AWARDED OR RECOVERABLE FROM US.
STATUTE OF LIMITATIONS/ TIME FOR BRINGING CLAIMS
YOU AGREE THAT ANY AND ALL CLAIMS OF ANY NATURE OR KIND WITHOUT LIMITATION, ARISING UNDER ANY THEORY OF LAW, EQUITY, ADMIRALTY OTHERWISE MUST BE BROUGHT BY EITHER PARTY WITHIN ONE CALENDAR YEAR OF THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT ALL CLAIMS BROUGHT LATER THAN ONE YEAR ARE TIME-BARRED, WAIVED, NULL, FORGIVEN, AND OF NO FORCE AND EFFECT. HOWEVER, IF A 3RD PARTY WHO IS NOT A PARTY TO THIS AGREEMENT BRINGS A CLAIM AGAINST EITHER YOU OR US FOR WHICH THE OTHER HAS PROMISED CONTRIBUTION OR INDEMNIFICATION OR SIMILAR, THEN IN SUCH EVENT THE STATUTE OF LIMITATIONS SHALL NOT BE REDUCED AND SHALL SURVIVE AND SHALL BE THE FULL LENGTH AS ESTABLISHED UNDER LAW OR EQUITY.
INDEMNIFICATION
If anyone brings a claim against us related to your use of the Site, your User Content or your violation of these Terms OR your acts or omissions related to a SingStrong Festival or event, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
DISPUTES, MANDATORY ARBITRATION, CLASS ACTION WAIVOR
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
The arbitration agreement in these Terms is governed by the Federal Arbitration Act, including its procedural provisions. It is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages, if they are available), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Jonathan Minkoff. The arbitration will be conducted by any arbitrator we both agree to, or JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules.
We each agree that the arbitrator may not consolidate more than one person's claims UNLESS we agree to it, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
NO RELIANCE AND NO FORWARD LOOKING STATEMENTS
In the unlikely event that any thing on this site or in any SingStrong events, activities or communications is deemed to be of the nature of an investment, you are warned that the information contained on the Site may not be current and should not be used or relied on for any investment decision regarding us, our securities or for any similar purpose.
Statements on the Site, if any, regarding our financial condition, results of operations and business and our expectations or beliefs concerning future events that are not historical facts are "Forward-Looking Statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words "believes," "expects," "anticipates," "plans," "estimates" or words of similar meaning is intended to identify Forward-Looking Statements but is not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices, acts of God or force measure, as well as the risks and uncertainties set forth in any documents we might file with the SEC or other federal agencies. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events or otherwise.
In the event of a conflict between terms of use, terms expressed in different sections of our site, or any contracts between YOU and SingStrong, those terms which protect SingStrong and its interests and limit its liability, as determined solely by SingStrong, shall be the terms that govern and control and, if applicable, any such terms are hereby incorporated to this agreement by reference.
SingStrong may alter these terms without notice by posting changes or modifications on SingStrong.org (or the website or subpage it links to) or by a signed writing between the parties. You agree to check the most updated version of these terms as posted on our website on the day of the event and to not participate or attend if you do not accept them.
This is the complete and final agreement between the parties.
These terms form an important, binding legal agreement between you (any of the following: the purchaser of a ticket or pass, volunteer, artist, teacher, coach, participant, competitor, student at SingStrong, or user of this website, or licensee of SingStrong materials: hereinafter collectively referred to as "you" or "participant") and SingStrong Inc. a New York not-for-profit corporation, and its board, volunteers, agents, affiliates and assigns ("WE" or "our" or "US" or "SingStrong").
READ AND AGREE TO ALL TERMS BEFORE PARTICIPATING
Read all terms carefully before purchasing tickets and before participating in any SingStrong festival event as an artist, volunteer, employee, staff, attendee, sponsor, or in any other capacity at SingStrong. By purchasing a ticket, volunteering, competing, or attending any SingStrong-related event or by accessing SingStrong's website or its materials or other events, live in any forum, or on this website or otherwise, by attending our events, official or otherwise, our festivals or related events, or participating in any capacity or any way, you hereby agree to these terms:
BEHAVIOR OF ALL THOSE AT SINGSTRONG
SingStrong is a community event in which all attendees, in every capacity, are expected to behave in a manner that is respectful, polite and compassionate. We nurture positivity, inclusion and mutual support. This festival and its events are about about reaching new heights together! Of course, it follows from our philosophy that prejudice, bullying, exclusion or harassment -especially of any protected class (race, religion, gender, sexuality, national origin, pregnancy, etc.)- is strictly prohibited. Our Sexual Harassment Policy and Complaint Form as published on SingStrong.org are incorporated into this agreement and made a part of it by reference.
DISCOUNTS MAY REQUIRE ID
To receive any status discount (senior, student, music teacher, etc), you may be asked to display your valid identification, proving you are a member of the discounted class; If you cannot, you may be charged the applicable full rate as if you were not a a member of the discounted class.
BULK DISCOUNT REQUIRES SIMULTANEOUS PURCHASE
To receive the online discount for groups of ten or more, or any other size/bulk discounts, you must *SIMULTANEOUSLY* purchase all tickets in one single order, during a single purchasing session, and only one credit card may be used to pay for the entirety of the order. Multiple or sequential orders cannot be combined for a discount. To receive bulk/group discounts in person, you must simultaneously purchase all tickets at the door or box office, in one single order.
SINGSTRONG IS USUALLY STADIUM SEATING
Unless we note otherwise, SingStrong events are General Admission/ Stadium Seating rather than reserved seating. We therefore advise early arrival for best viewing or for those needing extra time.
HANDICAPPED INDIVIDUALS OR THOSE NEEDING SPECIAL ATTENTION MAY CONTACT US SO WE CAN ASSIST
If you are handicapped or need special attention, please advise us in advance so that we may have time to best address your needs.
TICKETS, ACCESS, AND KEEPING YOUR TICKETS SAFE
SingStrong's Online Ticketing service, which may be provided by a 3rd party, will provide additional instructions regarding ticket use and you agree to those terms. Each ticket may only allow entry once per show/class/event. Once the first print or copy of a ticket is presented for entry, it may be scanned and any additional copies of that same ticket may become invalid, null and void, and not be accepted for admission. For this reason, you must keep your tickets and passes secure and prevent others from copying them.
To help avoid the potential of scams, SingStrong recommends that each person, or group, purchases their own tickets and keeps them secure, and that no one ever purchases or sells scalped or resold tickets. There is no way for a purchaser to determine whether a ticket being offered for sale is authentic, if it has been purchased from any other source besides singstrong.org or our authorized 3rd parties described there. There is no way to determine whether any given ticket has been sold by an unauthorized 3rd party to more than one buyer until the ticket is presented for entry.
ACCURATE INFORMATION
Online purchases and other sign-ups require complete and accurate information. Please take extra care to enter your credit card and email information with precision.
ARRIVE AT LEAST 15 MINUTES EARLY FOR ANY CONCERT, OR, JUST LIKE AIRLINE FLIGHTS, YOU CAN LOSE YOUR SEAT
Like airline flights, Concerts may be oversold . To ensure seating, all ticket holders, including Weekend pass holders must be on site 15 minutes prior to the scheduled show time. If weekend pass/ticket holders arrive following this time, they will be admitted only on an availability basis. (This policy helps keep ticket prices lower and addresses the fact that many attendees purchase weekend passes, but are unable to attend all events included in the pass.)
FREE GROUP COACHING REQUIRES PURCHASING PASSES FOR ALL ATTENDEES AND MAKING A REQUEST FOR COACHING
All attending members of an a cappella group must purchase weekend passes, (VIP, Adult or Discount) or ClassPasses to be eligible to receive a free group coaching. A representative of the group must request a group coaching using this link after all members have purchased the necessary passes. Coachings are assigned on an availability-basis for some classes of tickets or passes.
INDIVIDUAL TICKETS TO EVENTS ARE LIMITED TO THAT EVENT
Tickets to individual concerts or day classes are for the stated event (a particular concert or day's master classes) only, and do not include any additional access, unless we specifically state that they do.
PHOTOGRAPHY, VIDEOGRAPHY, RECORDINGS AND YOUR ASSIGNMENT OF COPYRIGHT TO SINGSTRONG
Photography or recording by you at concerts or classes or otherwise at the site or of SingStrong or at its events is not allowed unless an announcement is made that such recording is permissible. Whether or not you have permission, and regardless of any announcements made, you hereby agree that all rights, including copyright, to any photos, videos or other recordings made by you at or of SingStrong Events, including but not limited to concerts or classes, belong wholly and entirely to SingStrong Inc.. We can use those materials in any way we choose, and we can prohibit the use of those materials by others, including you. If this grant of copyright is found unenforceable for any reason by a court of competent jurisdiction, including by an arbitrator of competent jurisdiction, then you hereby grant to SingStrong Inc. a perpetual, universe-wide, royalty-free, payment-free, fully paid, exclusive, transferable license to take any actions or refrain from any actions described or alluded to in this paragraph, or which any sole copyright holder could enjoy, and waive all moral rights or other objections thereto.
BY ATTENDING, YOU AGREE TO BE RECORDED AND TO LET US USE ANY RECORDING IN WHICH YOU OR YOUR MATERIALS APPEAR
You may be photographed, filmed, streamed, broadcast or otherwise recorded while at SingStrong events. You hereby grant SingStrong Inc. the broadest possible rights and permissions to use such recordings including, without limitation, and without obligation on our part, the non-exclusive right to freely use your name and likeness, and any information or other materials you provide to us. Regarding both recording and performance that, in any manner, records, captures or reproduces you, or your materials, or regarding recordings made by you of or at SingStrong events, you hereby grant SingStrong Inc. and our agents and assigns the broadest possible rights and permissions including without limitation or obligation, to copy, distribute, sell, transmit, archive, publicly display, compile, perform, alter, destroy, create derivative works from, create compilations from, or prohibit the use of such images, materials or recordings, in whole or in part, in any way throughout the Universe, without restriction, without obligation, and without any payment, credit or notification to you. You hereby waive all moral rights or other objections regarding these. If this grant of copyright is found unenforceable for any reason by a court of competent jurisdiction, including by an arbitrator of competent jurisdiction, then you hereby grant to us a perpetual, universe-wide, royalty-free, payment-free, fully-paid, exclusive, transferable license to take any actions or refrain from any actions described in, or alluded to in this paragraph, and waive all moral rights or other objections thereto.
ALL SALES ARE FINAL, NON-REFUNDABLE AND NON-EXCHANGEABLE
All sales and associated fees are final and all ticket purchases and associated fees are non-refundable and non-exchangeable.
ACTUAL LINE-UP OF PERFORMERS MAY CHANGE FROM THOSE POSTED OR ADVERTISED
The advertised line-up of performers, teachers and coaches are subject to changes and substitutions without notice. Illness, acts of God, travel issues and countless other factors will effect the actual line up at any given concert or other SingStrong-related event. For this reason, SingStrong often schedules multiple performers at each concert. You accept the risk that some advertised or scheduled individuals may not be a part of a given event.
WEATHER AND CANCELATION OF THE FESTIVAL IN ITS ENTIRETY
This situation has not occurred in over 20 festivals, but it is prudent to address the possibility of a COMPLETE OR PARTIAL FESTIVAL CANCELATION. In the unlikely event of a complete or partial cancelation of the festival, SingStrong will make announcements on www.SingStrong.org that will describe details of reschedule, or reimbursement, as appropriate. In the event of inclement weather, SingStrong events typically still occur. Only the most severe of conditions would cause a cancelation. We will post on SingStrong.org any updates regarding inclement weather. Please do allow yourself much more time to travel slowly and safely during any inclement weather event, as safe speeds and safe roads may be drastically reduced or altered.
USE AND PARKING OF VEHICLES AT OWN RISK
If you use or park a vehicle at SingStrong event, you do so entirely at your own risk, and you hold SingStrong Inc and its board, partners, employees, agents, volunteers, assigns and affiliates harmless and indemnify them for any loss or damage from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs) related to the vehicle, its passengers, driver, or its contents, whether parked or in motion. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
PROHIBITED ITEMS. PROHIBITED BEHAVIOR.
Alcohol, tobacco, weapons, firearms, and illegal drugs are strictly forbidden at SingStrong events. Anyone appearing inebriated or not in full control of themselves, smelling of alcohol, smoking, acting in a belligerent manner, disrupting the enjoyment of other attendees, causing or threatening harm to persons or property, or failing to obey the instructions of SingStrong Producers, Staff or Volunteers may be, at SingStrong's Producers' sole discretion, removed from any and all SingStrong events without advance notice or warning, and without refund of any kind, and may have any of their or their group's payment, awards, monetary or otherwise, stripped, revoked, canceled or otherwise nullified; and both the individual and the group they represent, if any, may be immediately barred from attendance, competition, participation or performance now or in the future as the Producers in their sole discretion shall determine. All SingStrong's remedies are in addition to all others available to it under any theory of law or equity, all of which are reserved.
BEHAVIOR WE ENCOURAGE
We want every attendee to be a positive role model. We strongly encourage attendees to look after their own well being, physically and emotionally. If anything or anyone at or during the festival makes you uncomfortable, we want you to let a producer know so that we can try to make it right and get you to a safe space. If the situation is at the level of an emergency, such as where your physical safety is under imminent threat, reach safety, call 911 first and then let us know. We encourage taking a proactive role in asking for permission in advance to touch others, especially if the touch might be surprising or unwanted. If you are uncomfortable with handshakes, hugs, pats on the shoulder and similar physical contact typically used in greeting, we ask that you proactively warn others of your discomfort wherever possible. We encourage all participants not to make assumptions about the gender, sexual preferences, or other characteristics of others.
BEHAVIOR WE DISCOURAGE
We discourage any two or more individuals being alone together anywhere at or during the festival, unless they are completely comfortable with one another and enjoy an extended, positive and completely trustworthy history. Though we are aware of no significant issues of any kind, it is prudent to take every precaution to maintain safety, especially in the case of minors. Extra precautions should be taken in situations in which students or others in lower perceived power positions are with teachers, coaches, judges or others with actual or perceived authority.
YOU HOLD US HARMLESS
All participants, attendees and ticket purchasers agree to hold the producers harmless and indemnify them reasonable attorneys fees and from any and all claims which may arise in connection with their participation in any SingStrong-related events, official or otherwise, including but not limited to personal injury, intentional infliction of emotional distress, copyright infringement, trademark infringement, slander and libel.
MINORS MUST BE SUPERVISED BY AN ADULT
SingStrong Inc. allows the attendance at our events by all ages, but we do do not supervise attendees, including minors. Parents, Guardians and Teachers must properly supervise their minor children and students.
AFTERGLOWS AND PARTIES ARE NOT AN OFFICIAL PART OF THE FESTIVAL. ADULTS ATTEND AT YOUR OWN RISK. MINORS NEVER ATTEND.
Afterglows and/or any parties which occur at the hotel or during the weekend of events, regardless of who attends, are NOT an official part of SingStrong. However, as a material term of this agreement, to the fullest extent allowed by law, you expressly indemnify and hold harmless SingStrong Inc. and its directors officers, partners, volunteers, agents and assigns for reasonable attorneys fees and for any harm, including personal injury or death, that should come to you or others, or damage to property, as a result of you attending, or participating in, or traveling to or from, any of the Afterglow(s), parties or similar events. You agree that Bars and restaurants, especially those that serve alcohol or stay open late, are INHERENTLY DANGEROUS. Attend only at your own risk. SingStrong Inc. does not control attendance, but we do strongly discourage minors from attending. The AFTERGLOW(s) and any Afterparties or similar events are NOT official SingStrong events. SingStrong tickets or passes are NOT required. SingStrong Inc. is not renting, insuring, directing, serving or controlling any aspect of the restaurant or bar. SingStrong Inc. does not receive any benefit of any kind, monetary or otherwise, from your attendance or lack of attendance. Do NOT drink and drive, ever, under any circumstances. It is highly dangerous and potentially lethal to yourself and others. Pregnant women or those who suspect they may be pregnant, should not drink alcohol as it can cause harm to the fetus. Do not mix alcohol and any drug whether prescription or over-the-counter, whether legal or illegal as doing so can cause injury or death. Do not use illegal drugs as they can cause injury or death. New York law prohibits those under 21 years old from drinking alcohol. Shuttles may be provided by Adelphi University. Entertainment or access to facilities may be facilitated by SingStrong. You agree that this does not alter any sentence in this paragraph, or elsewhere in these terms. Nontheless, you expressly agree to indemnify and hold those providers harmless to the fullest extent allowed by law.
SEVERABILITY
Any portion of this contract which is deemed by a court of competent jurisdiction not to be in compliance with the law shall be modified to the smallest degree necessary to be in legal compliance, and all other sections of this agreement shall not be affected thereby but shall remain in full force and effect.
LIMITATION OF DAMAGES
In the event that this contract is deemed to allow damages to a prevailing plaintiff, these damages shall be limited to a maximum amount equal to the entry fees paid by the competitor/participant and/or the cost of a purchased ticket or pass, as appropriate.
TICKETS DO NOT INCLUDE HOTEL, FOOD, DRINK, MERCHANDISE, ETC.
Tickets do not include hotel or other lodging, food, drink, transport, services or merchandise, unless specifically stated in the terms of purchase.
PRICES SUBJECT TO CHANGE
Ticket prices and availability are subject to change without notice.
HEADINGS ARE SOLELY FOR CONVENIENCE
Headings, capitalization, italics and other similar emphasis are solely for the convenience of the parties and shall not affect the interpretation or meaning of this contract.
AGE APPROPRIATE CONTENT
Unless we specifically state to the contrary, SingStrong encourages and sometimes contractually requires our artists, teachers and volunteers to behave professionally and to present only materials that are in keeping with the local NYC standards of current family-friendly content there, and on radio and/or TV. However, we have found that from time to time, we do have artists that may not strictly comply with this instruction. Their infractions are generally by accident, such as the brief use of an unplanned vulgarity, or the inclusion of suggestive or explicit material in a song. This is often a question of taste and rarely if ever are are children exposed to anything objectively shocking or stressful. However, if you or your child is highly sensitive, you may want to take this into account before purchasing tickets or passes.
WARRANTY OF COPYRIGHT PERMISSION, NON-INFRINGEMENT, NON-DEFAMATION, ETC.
If you or your minor child is performing material at SingStrong in concerts, classes or otherwise, you hereby warrant and affirm that either the material was created by the child and you and the child grant all necessary permissions to perform or display that arrangement or original music and lyrics or other material, or that you or the performers have otherwise obtained any necessary permissions or licenses to arrange, and perform the particular arrangement of any material, including copyrighted songs. You further warrant and affirm that your performance will not libel, slander or defame any person or entity or infringe upon the intellectual property rights of another. If you knowingly or unknowingly violate this warranty and affirmation, you agree to hold us harmless and indemnify SingStrong Inc. and its agents, affiliates, assigns, board of directors, employees and volunteers from any and all harm or damages which may result, including reasonable legal fees and claims of copyright infringement.
SINGSTRONG'S DISCLAIMER OF WARRANTIES
WE PROVIDE ALL SINGSTRONG-RELATED PRODUCTS AND SERVICES, AND ALL SINGSTRONG-RELATED CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE FESTIVAL AND THIS SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
ADDITIONAL LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR LIVE EVENTS OR FESTIVAL-RELATED ACTIVITIES, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH SAME OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANY 3RD PARTY, INCLUDING ANOTHER USER OF THE SITE OR ATTENDEE AT OUR EVENTS TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR EVENTS, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE OR UNSECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FESTIVAL OR OTHER EVENT IS TO STOP ATTENDING THE FESTIVAL OR EVENT. THE LIMITATIONS IN THIS SECTION AND THROUGHOUT THIS AGREEMENT WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US FOR THE EVENT IN QUESTION, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL YOUR ATTORNEYS' FEES BE AWARDED OR RECOVERABLE FROM US.
STATUTE OF LIMITATIONS/ TIME FOR BRINGING CLAIMS
YOU AGREE THAT ANY AND ALL CLAIMS OF ANY NATURE OR KIND WITHOUT LIMITATION, ARISING UNDER ANY THEORY OF LAW, EQUITY, ADMIRALTY OTHERWISE MUST BE BROUGHT BY EITHER PARTY WITHIN ONE CALENDAR YEAR OF THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT ALL CLAIMS BROUGHT LATER THAN ONE YEAR ARE TIME-BARRED, WAIVED, NULL, FORGIVEN, AND OF NO FORCE AND EFFECT. HOWEVER, IF A 3RD PARTY WHO IS NOT A PARTY TO THIS AGREEMENT BRINGS A CLAIM AGAINST EITHER YOU OR US FOR WHICH THE OTHER HAS PROMISED CONTRIBUTION OR INDEMNIFICATION OR SIMILAR, THEN IN SUCH EVENT THE STATUTE OF LIMITATIONS SHALL NOT BE REDUCED AND SHALL SURVIVE AND SHALL BE THE FULL LENGTH AS ESTABLISHED UNDER LAW OR EQUITY.
INDEMNIFICATION
If anyone brings a claim against us related to your use of the Site, your User Content or your violation of these Terms OR your acts or omissions related to a SingStrong Festival or event, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
DISPUTES, MANDATORY ARBITRATION, CLASS ACTION WAIVOR
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within New York County in NY, NY, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act, including its procedural provisions. It is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages, if they are available), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Jonathan Minkoff. The arbitration will be conducted by any arbitrator we both agree to, or JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules.
We each agree that the arbitrator may not consolidate more than one person's claims UNLESS we agree to it, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
NO RELIANCE AND NO FORWARD LOOKING STATEMENTS
In the unlikely event that any thing on this site or in any SingStrong events, activities or communications is deemed to be of the nature of an investment, you are warned that the information contained on the Site may not be current and should not be used or relied on for any investment decision regarding us, our securities or for any similar purpose.
Statements on the Site, if any, regarding our financial condition, results of operations and business and our expectations or beliefs concerning future events that are not historical facts are "Forward-Looking Statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words "believes," "expects," "anticipates," "plans," "estimates" or words of similar meaning is intended to identify Forward-Looking Statements but is not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices, acts of God or force measure, as well as the risks and uncertainties set forth in any documents we might file with the SEC or other federal agencies. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events or otherwise.
In the event of a conflict between terms of use, terms expressed in different sections of our site, or any contracts between YOU and SingStrong, those terms which protect SingStrong and its interests and limit its liability, as determined solely by SingStrong, shall be the terms that govern and control and, if applicable, any such terms are hereby incorporated to this agreement by reference.
SingStrong may alter these terms without notice by posting changes or modifications on SingStrong.org (or the website or subpage it links to) or by a signed writing between the parties. You agree to check the most updated version of these terms as posted on our website on the day of the event and to not participate or attend if you do not accept them.
This is the complete and final agreement between the parties.
Regarding your use of SINGSTRONG.ORG and any linked pages of our websites
Web Site Terms and Conditions of Use
Thank you ("you" "visiter" "user""reader") for visiting www.singstrong.org ("us""our""this site" "We"). Our aim is to provide our readers with highly useful materials. Your use of this site is governed by this agreement between us. If you do not agree to all the terms of this agreement, you cannot use this site or any materials contained therein.
Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and you further agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
All TERMS STATED ABOVE ARE HEREBY INCORPORATED TO THESE TERMS. In the event of a conflict between this section and the above section, SingStrong Inc. in its sole discretion shall determine the applicable term or interpretation.
Use License
Disclaimer
Limitations
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our site, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
Revisions and Errata
The materials appearing on this web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time without notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the sites linked to our web site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user's own risk.
Site Terms of Use Modifications
We may revise these terms of use for our web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to our web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Use of Information You Provide Us in Applying to Participate in SingStrong Events
Contact information such as telephone, address, name, handles, email and similar information, and biographical or other information about artists applying for competitions, performance or other programs, which are provided to us by you will be used to evaluate the appropriateness of your potential participation, and to contact you and communicate with you regarding that participation and otherwise facilitate the participation and performance. We may also retain and use that information to invite you to participate in similar events. Information you provide us in the form of surveys or forms may also be used to improve the goods or services we or our partners, agents or assigns, provide.
Materials are the Responsibility of the Originator
You understand that all materials, such as but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively "materials"or "content") which you may have access to as part of, or through your use of, this site are the sole responsibility of the person or entity from which such content originated.
Limitation on Use of Materials You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on any Materials, other than your own, in whole or in part, unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate written agreement.
Right But Not Obligation to PreScreen, etc. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Your Obligation to Protect Yourself or Any Viewer You Supervise from Offensive Materials
There are commercially available services and software to limit access to material that you may find objectionable and you agree to use such software to protect yourself or any sensitive viewers who may access our site.
You understand that by using our site you may be exposed to materials that you may find offensive, indecent or objectionable and that, in this respect, you use the site at your own risk and you agree to hold us harmless and indemnify us for any harm which results therefrom.
You Are Fully Responsible for Any Content You Provide to Us
You agree that you are solely responsible for, and that we have no responsibility to you or to any third party for, any Content that you create, transmit or display while using the Services and for the consequences of your actions including any loss or damage which we may suffer by doing so, and you agree to hold us harmless and indemnify us for any harm which results therefrom.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Claims of Copyright Infringement On The Site
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to Copyright Officer, Jonathan Minkoff. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Complete Final Agreement
ALL TERMS on this web page form the complete and final agreement between you and us regarding use of the site, except that, to the degree allowed by law, the terms of this agreement shall include by reference any terms which are, in our sole determination, more favorable to us, provided elsewhere on this site.
Unenforceable Provisions
If any portion of this agreement is unenforceable or otherwise not permitted under the applicable law as determined by a court of competent jurisdiction, the offending provision shall be altered to the smallest degree possible to comply with applicable law, and all other terms and provisions shall remain in full force and effect.
Headings
Headings are for convenience only and shall have no legal meaning.
Singular/Plural/Gender
Singular includes plural, masculine includes feminine; and vice versa.
What information do we collect?
We may collect information from you if and when you register on our site, place an order, subscribe to our newsletter or emails, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information, opinions, or social security number.
You may, however, visit our site anonymously.
If we ever choose to use ad services provided by google, it is important that you know that Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We may offer the use of a secure server which may be wholly operated by a 3rd party. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, who are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be deleted as soon as possible, unless you opt to have the information retained and the 3rd party or we offer to retain it. This information might rarely be kept on file for more than 60 days in order to complete an order in the event that some aspect of the order was particularly complex or troublesome –such as in the case of incorrect information being supplied which would require lengthy correction.
In the case of a 3rd party, such as BrownPaperTickets.com, or Adelphi University Ticketing, their posted terms and conditions and privacy policy will govern all information gathered by them which is not shared with us. In cases where the information is shared with both sites, each site shall utilize information in accordance with its own policies.
Do we use cookies?
Yes, we may sometimes use cookies. (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We may use cookies to help us remember and process the items in your shopping cart or via other ordering mechanism, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, or events, conducting our charitable activities or business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, whenever the design of our site necessitates the creation of a user profile page, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, or services or goods, whether freely, by purchase or otherwise, you consent to the terms of our Privacy Policy as well as all Terms and Conditions, including but not limited to those related to the purchase of tickets and made available on the web pages which allow purchase of tickets.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.
This policy was last modified on the date noted at the top of the webpage.
Contacting Us
If there are any questions regarding this privacy policy or any terms of service, you may contact us or use the information below.
SingStrong, Inc
529 W42 St
Suite 7Z
New York, NY 10036
Thank you ("you" "visiter" "user""reader") for visiting www.singstrong.org ("us""our""this site" "We"). Our aim is to provide our readers with highly useful materials. Your use of this site is governed by this agreement between us. If you do not agree to all the terms of this agreement, you cannot use this site or any materials contained therein.
Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and you further agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
All TERMS STATED ABOVE ARE HEREBY INCORPORATED TO THESE TERMS. In the event of a conflict between this section and the above section, SingStrong Inc. in its sole discretion shall determine the applicable term or interpretation.
Use License
- Permission is granted to temporarily download one copy of the materials (information or software) provided on Our web site for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on our web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you agree to destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
- The materials on or in relation to this site web site are provided "as is" and "as available". We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Nothing provided in relation to this site is legal advice, even if the material may have been written or reviewed by an attorney. Nothing provided in relation to this site is tax-advice, even if the materials were provided by an accountant or tax attorney. All materials are provided for entertainment value or as general education and should not be relied upon. Instead individuals in need of legal or tax advice must speak with their own appropriately licensed expert advisors directly.
Limitations
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our site, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
- Restrict or inhibit any other person from using the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Impersonate or Parody or Satirize any person or entity, whether actual or fictitious, including any employee or representative of our company;
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, multi-level marketing, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- Engage in spamming or flooding;
- Harvest or collect information about Site users;
- Order a number of tickets for an event that exceeds the stated limit for that event;
- Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
- Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.
Revisions and Errata
The materials appearing on this web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time without notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the sites linked to our web site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user's own risk.
Site Terms of Use Modifications
We may revise these terms of use for our web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to our web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
Use of Information You Provide Us in Applying to Participate in SingStrong Events
Contact information such as telephone, address, name, handles, email and similar information, and biographical or other information about artists applying for competitions, performance or other programs, which are provided to us by you will be used to evaluate the appropriateness of your potential participation, and to contact you and communicate with you regarding that participation and otherwise facilitate the participation and performance. We may also retain and use that information to invite you to participate in similar events. Information you provide us in the form of surveys or forms may also be used to improve the goods or services we or our partners, agents or assigns, provide.
Materials are the Responsibility of the Originator
You understand that all materials, such as but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively "materials"or "content") which you may have access to as part of, or through your use of, this site are the sole responsibility of the person or entity from which such content originated.
Limitation on Use of Materials You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on any Materials, other than your own, in whole or in part, unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate written agreement.
Right But Not Obligation to PreScreen, etc. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Your Obligation to Protect Yourself or Any Viewer You Supervise from Offensive Materials
There are commercially available services and software to limit access to material that you may find objectionable and you agree to use such software to protect yourself or any sensitive viewers who may access our site.
You understand that by using our site you may be exposed to materials that you may find offensive, indecent or objectionable and that, in this respect, you use the site at your own risk and you agree to hold us harmless and indemnify us for any harm which results therefrom.
You Are Fully Responsible for Any Content You Provide to Us
You agree that you are solely responsible for, and that we have no responsibility to you or to any third party for, any Content that you create, transmit or display while using the Services and for the consequences of your actions including any loss or damage which we may suffer by doing so, and you agree to hold us harmless and indemnify us for any harm which results therefrom.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Claims of Copyright Infringement On The Site
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to Copyright Officer, Jonathan Minkoff. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Complete Final Agreement
ALL TERMS on this web page form the complete and final agreement between you and us regarding use of the site, except that, to the degree allowed by law, the terms of this agreement shall include by reference any terms which are, in our sole determination, more favorable to us, provided elsewhere on this site.
Unenforceable Provisions
If any portion of this agreement is unenforceable or otherwise not permitted under the applicable law as determined by a court of competent jurisdiction, the offending provision shall be altered to the smallest degree possible to comply with applicable law, and all other terms and provisions shall remain in full force and effect.
Headings
Headings are for convenience only and shall have no legal meaning.
Singular/Plural/Gender
Singular includes plural, masculine includes feminine; and vice versa.
What information do we collect?
We may collect information from you if and when you register on our site, place an order, subscribe to our newsletter or emails, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information, opinions, or social security number.
You may, however, visit our site anonymously.
If we ever choose to use ad services provided by google, it is important that you know that Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience: your information helps us to better respond to your individual needs, after all we can’t say hello if we don’t know how to reach you!
- To improve our website: we try pretty hard to improve our website based on the information and feedback we receive from you.
- To improve customer service: your information helps us respond more effectively.
- To process transactions: your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. That’s an important promise because we also hate being spammed.
- To administer a contest, promotion, survey or other site feature. (This will usually be obvious from the interaction itself.)
- To send periodic emails: the email address you provide may be used to send you information and updates pertaining to any order, or any event, in addition to receiving occasional news, updates, related product or service information, etc. We won’t abuse this ability since as we mentioned, we too hate spam.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We may offer the use of a secure server which may be wholly operated by a 3rd party. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, who are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be deleted as soon as possible, unless you opt to have the information retained and the 3rd party or we offer to retain it. This information might rarely be kept on file for more than 60 days in order to complete an order in the event that some aspect of the order was particularly complex or troublesome –such as in the case of incorrect information being supplied which would require lengthy correction.
In the case of a 3rd party, such as BrownPaperTickets.com, or Adelphi University Ticketing, their posted terms and conditions and privacy policy will govern all information gathered by them which is not shared with us. In cases where the information is shared with both sites, each site shall utilize information in accordance with its own policies.
Do we use cookies?
Yes, we may sometimes use cookies. (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We may use cookies to help us remember and process the items in your shopping cart or via other ordering mechanism, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, or events, conducting our charitable activities or business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, whenever the design of our site necessitates the creation of a user profile page, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, or services or goods, whether freely, by purchase or otherwise, you consent to the terms of our Privacy Policy as well as all Terms and Conditions, including but not limited to those related to the purchase of tickets and made available on the web pages which allow purchase of tickets.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.
This policy was last modified on the date noted at the top of the webpage.
Contacting Us
If there are any questions regarding this privacy policy or any terms of service, you may contact us or use the information below.
SingStrong, Inc
529 W42 St
Suite 7Z
New York, NY 10036