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ViewStub Terms of Service

Our terms of service are intended to define the policies that allow our clients to use our platform, software, & image.

ViewStub™ End User Terms of Service

Last Modified: January 03, 2024

Important Notice: at this time the Services may not be accessed or used by persons (1) under the age of 18, or (2) from outside of the United States. Please see Section “l” below titled “Geographic, Residency and Age Restrictions” for more information.

Important Notice: In the unlikely event that any dispute between you and the Licensor is not resolved by Licensor’s customer service team or consultations between you and the Licensor, these Terms of Service require arbitration on an individual basis, rather than jury trials or class actions. Please see Section “v” below titled “Dispute Resolution; Binding Arbitration; Governing Law” to learn more.

ViewStub, Inc., a Delaware corporation (“Licensor”), provides access to: (i) its website viewstub.com, any of such website’s subpages and any other website where Licensor posts these Terms of Service (collectively, the “Website”) to visitors and other users thereof, and (ii) its online ticketing and event marketing and management platform, known in the marketplace as ViewStub™ (the “Platform), whether accessed on and through the Website or through its downloadable ViewStub™ mobile application (the “App,” and, together with the Platform and Website, the “Services”) to registered users thereof. “You” are an individual user of Licensor’s Services. Your authorization and/or license to access and use the Services is subject to your prior acceptance of and your full compliance with these Terms of Service (these “Terms of Service”). Licensor reserves all rights in and to the Services not expressly granted to you under these Terms of Service.

These Terms of Service only permit use of Licensor’s Services for an individual’s own, personal use. These Terms of Service do not govern or permit access to and use of the Services by event venues, event organizers or other businesses that are actual or prospective business subscribers to Licensor’s business-facing version of the Services (“Event Organizers”). Access to the Services by such parties is governed by Licensor’s separate ViewStub™ Strategic Alliance Agreement, and no Event Organizers may access and use Licensor’s Services unless and until they have entered into the Strategic Alliance Agreement.

BY ACCESSING, DOWNLOADING AND/OR USING THE SERVICES, OR BY CHECKING OR CLICKING THE “AGREE,” “I CONSENT” OR SIMILAR BUTTON OR BOX IF AND WHEN THIS OPTION IS PRESENTED TO YOU, YOU:

(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; 

(B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OTHERWISE OF LEGAL AGE TO ENTER INTO A BINDING LEGAL AGREEMENT; 

(C) REPRESENT THAT YOU PRESENTLY COMPLY AND WILL AT ALL TIMES COMPLY WITH ALL GEOGRAPHIC, RESIDENCY AND AGE RESTRICTIONS SET FORTH IN SECTION “l” BELOW TITLED “GEOGRAPHIC, RESIDENCY AND AGE RESTRICTIONS”; AND 

(D) AGREE TO AND ACCEPT THESE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEIR TERMS.  

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, DOWNLOAD, INSTALL OR USE THE SERVICES.

  1. Scope of License: Licensor grants to you a limited, nonexclusive, nontransferable authorization to access and use the Website and Platform and their respective contents and, in the case of the App, a license to download, install and use such mobile application only on an Android- or iOS-based product that you own or control (your “Mobile Device”), in each case for your own non-commercial and personal use only and strictly in accordance with these Terms of Service. These Terms of Service will govern any content, materials or services accessible from or within the Services as well as upgrades provided by Licensor that replace or supplement the Services from time to time, unless such upgrade is accompanied by separate or additional terms and conditions.
  2. Limitations and Restrictions: Except as and only to the extent that any of the following limitations and restrictions are prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Services, you may not: (i) copy the Services, except as expressly permitted by these Terms of Service (except that you may download or print a reasonable number of copies of pages displayed on the Services merely for reference purposes in connection with your own non-commercial and personal use of the Services by using the “download,” “export,” “print” or similar features and functionality of the Services, your browser or your Mobile Device that are specifically designed for this purpose and in no other manner and for no other purpose); (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the Services; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof (including any updates) or the underlying structure, ideas, know-how or algorithms relevant to the Services; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services (or any permitted copies thereof as set forth in clause (b)(i) above); (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where they are capable of being accessed by more than one person or device at any time; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; (vii) input, upload, transmit or otherwise provide to or through the Services any information or materials that are unlawful or injurious, or contain, transmit or activate any virus, malware or other harmful code; (viii) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Licensor’s or its service providers’ servers or systems associated with the Services or its or their ability to provide services to any third party; (ix) access or use the Services or otherwise act or fail to act in any manner that violates the Content Standards set forth in Section “c” below; (x) cause the Services or portions of it to be displayed, or appear to be displayed, by framing, deep linking, in-line linking or similar device on any other site; (xi) use any manual process (such as taking screenshots, printing, downloading or otherwise capturing) or automatic process (such as using robots, spiders or other automatic devices) that are not already offered as a feature or functionality of the Service, your browser or your Mobile Device (i.e., Print or Download features built into the Platform) to monitor or make a copy of any of the material on the Service (other than as expressly permitted by clause (b)(i) above) without Licensor’s prior written consent; or (xii) aid or assist any other person in taking any of the actions prohibited by this Section “b”. If you sell or gift your Mobile Device to a third party, you must remove the App from the Mobile Device before doing so. For the avoidance of doubt, if you violate any of the foregoing prohibitions, Licensor shall have the right immediately to terminate these Terms of Services and your right to access and use the Services, without any further action or notice required from Licensor; provided, that Licensor reserves the right to, in its sole and absolute discretion, temporarily suspend or block your account and/or access to and use of the Services and/or to reinstate your account and/or access to and use of the Services, in whole or in part, as an interim measure without prejudice to Licensor’s right to terminate these Terms of Service (and your access to and use of the Services) in accordance with this sentence. Any violation of the provisions of this Section “b” may violate copyright, trademark and other laws. 
  3. Content Standards: You must not access or use the Services (or any content, data or materials available via the Services) in any way (including but not limited to by sending communications through the Services or posting or publishing content on the Services or any social media platforms associated with the Services) that: (i) infringes, misappropriates or otherwise violates any intellectual property right, privacy right, right of publicity or other right of any person or entity, or that violates any applicable law or regulation; (ii) threatens, harasses, abuses, slanders or defames others; (iii) publishes, distributes, promotes or disseminates any inappropriate, profane, hateful, vulgar, defamatory, discriminatory, sexually explicit, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information; (iv) uploads, posts or otherwise transmits any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); (v) exploits, harms or attempts to exploit or harm minors in any way such as by exposing them to inappropriate content; (vi) impersonates or attempts to impersonate any person or organization, or misrepresents your identity or affiliation with any person or organization or impersonates another person for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, by providing misleading information to any feedback system employed through the Services, falsifying your identity in connection with any advertising campaign through the Services or committing trademark or service mark infringement (clauses (i) through (vi) of this Section “c,” the “Content Standards”).
  4. User Contributions: The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Services. You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant Licensor and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Licensor is not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Services. Licensor reserves the right to take any actions that it considers to be appropriate to ensure that the Services are operated in an appropriate manner. You understand and agree that Event Organizers likewise reserve the right to take any actions they consider appropriate to ensure live streamed virtual events are run in an appropriate manner, including but not limited to reporting, blocking, muting or removing users from a specific livestream (without any obligation to refund, in whole or in part, any purchase price paid for any tickets to such livestream). Licensor may remove or refuse to post any User Contributions for any or no reason in its sole discretion, and Licensor may take any action with respect to any User Contribution that it deems necessary or appropriate in Licensor’s sole discretion, including if Licensor believes that such User Contribution violates these Terms of Service, including but not limited to the Content Standards set forth herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Licensor. Licensor may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Notwithstanding the foregoing, Licensor does not undertake to review all material before it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Licensor assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Licensor has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
  5. Suspension of Services: Licensor may suspend or deny your access to or use of all or any part of the Services without any liability to you or others, if (i) Licensor is required to do so by law or court order, (ii) you have accessed or used the Services beyond the scope of the rights granted under or otherwise in violation of these Terms of Service (including a failure to comply with the limitations and restrictions described in Section “b” above), (iii) you have been involved in any fraudulent, misleading or unlawful activities relating to or in connection with the Services or your interactions with other users of the Services, or (iv) you have otherwise failed to comply with these Terms of Service. Licensor’s remedies in this Section are in addition to, and not in lieu of, its termination rights in Section “p” or any other rights or remedies under these Terms of Service, at law or in equity.
  6. Reservation of Rights: You acknowledge and agree that the Services are provided under limited authorization and/or license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms of Service, or any other rights thereto other than to use the Services in accordance with, and subject to all terms, conditions, and restrictions under, these Terms of Service. Licensor and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services and all content and materials made available to you through the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.
  7. Account Access and Security: New account holders must verify their account via email verification or other method prior to accessing their account. Approval or denial of new accounts is at the discretion of the Licensor. If you choose, or are provided with, a user name, password or any other piece of information as part of Licensor’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. If you permit any other person to use your account, you will be responsible and liable for their activities while using the Services. You agree to notify the Licensor immediately of any unauthorized access to or use of your user name or password or any other breach of security. Licensor has the right to disable any user name, password or other identifier, whether chosen by you or provided by Licensor, at any time in its sole discretion if, in Licensor’s opinion, the continued use of that user name, password or other identifier would be inappropriate. Accessing and using the Services without proper username and password is strictly prohibited, constitutes a breach of this Terms of Service resulting in the immediate termination of your right to use the Services, and may violate copyright and other laws.
  8. Consent to Use of Technical Data: You agree that Licensor, using automatic means such as cookies and otherwise, may collect and use technical data and related information—including but not limited to technical information about your computer, browser, Mobile Device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you, and otherwise in accordance with its Privacy Policy (as described in the next section).
  9. Consent to Use of Your Information; Privacy Policy: You also may be required to provide certain information about yourself as a condition to or in connection with downloading, installing, accessing and/or using the Services or certain of their features or functionality. All information Licensor collects through or in connection with the Services is subject to the ViewStub™ Privacy Policy (available online at https://viewstub.com/company/privacy_policy (the “Privacy Policy”). By downloading, installing, accessing, using and providing information about yourself to or through the Services, you consent to all actions taken by Licensor with respect to your information in compliance with the Privacy Policy. You are solely responsible for the user data you provide, input or upload to or in the Services and the consequences of providing it. Licensor does not control the user data you provide and does not have any obligation to monitor such information for any purpose.
  10. Text Message Program. When you sign up to use the Services or purchase a ticket to an event through the Services, and in either case if you choose to include your mobile telephone number at registration or check-out, you will be given an option to participate in our SMS text message program (the “Text Message Program“). We provide the Text Message Program to send you (or to permit event organizers from whom you have purchased tickets to send you) informational and transactional communications relating to your use of the Services, such as purchase confirmations, instructions for accessing electronic copies of tickets you have purchased or important updates regarding events to which you have purchased tickets. By subscribing to the Text Message Program, you voluntarily authorize and direct us to send text messages (or to allow particular event organizers from whom you have purchased tickets to send text messages, depending on the settings you have selected) using an automated system to the mobile telephone number you have provided. You are not required to use or subscribe to the Text Message Program as a condition of using the Services or in order to benefit from other features and functionality of the Services that are unrelated to the Text Message Program. Standard message and data rates may apply. Once enrolled in the Text Message Program, you may opt out of the Text Message Program (i.e., stop text messages) at any time. With respect to any text message, you may reply STOP, at which time we may reply by text to give you options about which text messages you would like to stop (e.g., stop all text messages or just stop text messages from a particular event organizer) and after which we will stop sending the specified messages. You may also opt out by adjusting the settings on your Website account settings page or by letting us know by contacting us at support@viewstub.com or by using another method of contact as listed in Section “ff” below. If you contact us by e-mail please include “Text Message Opt Out” or similar language in the subject line of your email, to assist us in our efforts to ensure prompt and proper processing of your email request. Regardless of the method you use to opt out, please allow us a few days to process your opt out request.
  11. COOPERATION WITH AUTHORITIES: LICENSOR RESERVES THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING IT TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE SERVICES. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY LICENSOR.

 

  1. Geographic, Residency and Age Restrictions: The Services and their associated content and services are provided from the United States and provided for access and use only by persons located in the United States. Any persons, located outside of the United States who make use of the services and their associated content and services, understand that they use this content and services at your own risk. While Licensor intends in the future to release a version of the Services for access and use by persons located outside of the United States, you agree Licensor has no obligation to do so. The Services and their associated content may not be accessed or used by persons under the age of 18 or otherwise not of the legal age of majority in their respective jurisdiction.
  2. Fees, Purchases and Related Policies and Disclaimers

(i) Disclaimer. The Services are designed to, among other things, enable users to purchase tickets to events hosted by Event Organizers. The Licensor contracts with Event Organizers to offer technology solutions used by them to (among other things) sell tickets to their events. The Licensor does not host, produce, organize or offer any events to anyone. The Licensor does not in any way undertake on your behalf or on behalf of any third party to vet or validate the quality, availability, suitability, safety, legality or appropriateness of any events or event venues. Because the Licensor does not (and cannot) control the events or event venues, you understand and agree that the Licensor is not responsible for, and makes no representations, warranties, guarantees, indemnities or commitments of any kind or nature regarding, (i) the quality, timing, availability, suitability, reliability, safety or legality of any events or venues advertised or promoted by Event Organizers or others on or through the Services, (ii) the truth or accuracy of any advertisements, statements or promotional materials supplied by Event Organizers or others, (iii) the skills, talents, reputation, experience, influence, following, presence and/or qualifications of any Event Organizer personnel or any performers or other participants in any events, (iv) whether any venue, facilities or services offered by any Event Organizer or its contractors, agents or affiliates will meet your requirements, or (v) whether any venues or events will be high quality, available, suitable, legal, safe, and/or fit for their intended use. Tickets for popular events may sell quickly and may sell out—use of the Services does not guarantee availability of tickets for any events. The Licensor does not control, and is not responsible for, ticket inventory or availability. The availability of any events on or through the Services does not imply Licensor’s endorsement of such events, the Event Organizer or their personnel hosting the events, or any performers, contractors, agents, affiliates or other participants in the events—whether for the unique needs of a particular user or otherwise. A purchase of a ticket to an event is a purchase of a license to be on the venue’s premises or otherwise be in attendance at the applicable event. This license is a contract between you and the Event Organizer—the Licensor is not a party to such contract. If you are unsatisfied with any aspect of your event experience other than the technology solutions we offer to you and Event Organizers through the Services, then you must speak to a representative of the Event Organizer, and you must do so before the event has concluded. Event Organizer policies do not permit the Licensor to exchange or refund tickets other than in accordance with the Licensor’s refund policy set forth below. Additional terms and conditions for attendance at the event to which you purchased tickets may apply. Please check your tickets, the Event Organizer’s website and other communications received from the Event Organizer for details.

(ii) IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE EVENT ORGANIZERS, YOU HEREBY AGREE TO RELEASE THE LICENSOR (AND ALL OF ITS OFFICERS, DIRECTORS, SUBCONTRACTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

(iii) Fees and Payment Method. Payment in full for tickets or any other products or services provided through the Services is expected and required prior to delivery of any tickets, products or services through the Services. The Licensor’s convenience or other fees and charges, as well as individual ticket or other product or service pricing, are all subject to change at any time. You must pay the full amount specified at check-out, subject to any additional terms and conditions (including Promotions, as defined below) set forth at the time of check-out. All charges for tickets or other products or services purchased through the Services or otherwise (“Fees”) are due immediately when incurred. To make payment of any Fees you incur while using the Services, you will be asked to provide at least one valid credit card, debit card, or other method of payment (your “Payment Account”). Accepted forms of Payment Accounts are as indicated to you at check-out. At the discretion of the Event Organizer, however, certain forms of Payment Accounts may not be available or accepted for certain events. Payment will be made for any Fees by charging the Payment Account provided. It is your responsibility and obligation to provide accurate information pertaining to your Payment Account and to keep all such information current. By providing any payment information to Licensor or its third party payments processor, you represent and warrant to Licensor that you are authorized to use the payment instrument provided for payment of all Fees under these Terms of Service. For processing orders, the Licensor requires verification of the Payment Account information and other billing information, including the billing address. Submitting incorrect information may cause delayed processing and delivery. The Licensor may attempt to contact you regarding problems verifying your information. If the Licensor has reason to believe your purchase is fraudulent or otherwise in violation of these Terms of Service, the Licensor may cancel your order in its sole and absolute discretion. It is your responsibility to ensure the applicable Payment Account has sufficient funds. Licensor shall not be responsible for bank or credit card fees associated with an overdraft on the applicable Payment Account. After submitting payment information, if for whatever reason you do not receive an order confirmation through a page on the Services or a confirmation e-mail or you are experiencing an error message, it is your responsibility to confirm with the Licensor’s customer service representatives whether your order has been processed. The Licensor will not be responsible for losses (monetary or otherwise) you experience if you assume that an order was placed but for which you have not received a purchase confirmation. Failure to provide up-to-date and accurate Payment Account information may result in, but is not limited to, inability to complete desired ticket orders (and loss of reservation of selected tickets). Licensor also reserves the right to charge additional processing or late fees, determined in its sole discretion, if your Payment Account is not up-to-date, accurate or otherwise able to be used by Licensor to charge the Fees.

(iv) Promotional Pricing. Your use of the Services may start with or otherwise be offered with a free trial offer, promotional pricing or other discount (a “Promotion”). Promotions apply only for the specified period and only on the terms as specified. Licensor reserves the right, in its sole discretion, to determine your Promotion eligibility and will notify offenders of any perceived fraudulent activity, which may result in, but is not limited to, suspension or termination of your access to the Services (in addition to, and not in lieu of, Licensor’s other rights under these Terms of Service, at law or in equity).

(v) Ticket Limits. In order to prevent abusive or unfair ticket purchasing practices, the Licensor (either in its sole discretion or at the request of Event Organizers) reserves the right to (a) limit the maximum number of tickets you may purchase, for any one event or for multiple events over time, and/or (b) cancel any or all orders and tickets if you exceed the maximum ticket limits (such as in the case where you have placed multiple ticket orders using the same name, e-mail address, billing address, Payment Account or other information).

(vi) Canceled or Postponed Events. Sometimes weather conditions or other considerations make events impossible to complete. The Event Organizer (not the Licensor) is responsible for determining cancellation or postponement of events due to weather or other circumstances. The Licensor will issue refunds only if an event is canceled in its entirety. Refunds for postponed or rescheduled events will be provided only in accordance with the Event Organizer’s policies or instructions, which are made or given in the Event Organizer’s sole discretion. If a refund is issued in any circumstance, such refunds will automatically be applied to the Payment Account used by you at the time of ticket purchase. In such instances, refunds will generally appear on your next account statement depending on your billing cycle. Refunds for canceled events (or events where the Event Organizer has otherwise agreed to provide a refund) include the price of the ticket and the per ticket convenience charge(s), but do not include any per order special handling charges if any fees or charges are collected for a specific delivery option chosen by you.

(vii) Refunds and Exchanges. Before purchasing tickets, it is your responsibility to carefully review your seat location, event, event location, event date and time and number of tickets. Whether refunds or exchanges are permitted after an order is placed will be determined by the policies and instructions of the responsible Event Organizer, which are made or given in the Event Organizer’s sole discretion.

(viii) Unlawful Resale and Counterfeiting. Unless expressly otherwise provided in writing (such as through terms and conditions printed on your ticket), tickets are non-transferable and may not be resold. Counterfeiting or making unauthorized copies of tickets is strictly prohibited and constitutes a violation of these Terms of Service. Tickets improperly resold or attempted to be resold, and any counterfeit tickets or unauthorized copies of tickets, may be seized and canceled without compensation. The Licensor reserves the right to restrict or deny ticket purchasing privileges to, or to cancel any tickets purchased by, anyone that the Licensor determines to be, or has been, in violation of these Terms of Service, without compensation. You agree not to sell, reproduce for sale, alter, counterfeit or make unauthorized copies of any tickets for any reason, and you assume all financial liability resulting from any such actions. 

(ix) Other Important Information Regarding Events and Tickets. The Licensor does not guarantee the form in which you will receive your tickets. Tickets may be re-issued via a different channel when requested by the Event Organizers.  If the amount you pay for a ticket is incorrect (regardless of whether there was an error in the price posted on the Services), if you are able to order a ticket before its designated on-sale date, or if you are able to order a ticket that is not supposed to be available for sale, the Licensor reserves the right to cancel that order or ticket and refund to you the full amount that you paid, including fees. Your right to attend events to which you have purchased tickets is subject to and conditioned upon your compliance with an Event Organizer’s rules and policies for attendance at its venue. Upon your entry into an event, you and your belongings may be subject to search. You hereby consent to such searches and waive any claims that may arise from such searches. If you refuse to undergo such searches, you may be denied entry to the event without refund or other compensation. Some venues may prohibit certain items from being brought onto the premises, including but not limited to, alcohol, drugs, cameras, recording devices, laser pointers, and containers. Event Organizer personnel reserve the right to refuse admission to, or eject, any person whose conduct the management deems to be disorderly, disruptive, inappropriate or otherwise not in accordance with the applicable venue’s rules and policies. Breach of such rules or policies will terminate your license to attend the applicable event and will not result in a refund. The Licensor encourages you to review and understand all such venue rules and policies prior to traveling to the applicable event venue.  

  1. Updates: Licensor may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. With respect to Updates to the App, based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Updates will automatically download and be installed; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms of Service.
  2. Third-Party Materials: The Services may display, include, or make available certain third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites, social media platforms or other services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Licensor is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Licensor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and any links or other access thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Materials at any time without notice or liability to you. Licensor may, in its sole discretion, engage subcontractors to perform or assist Licensor in providing the Services or any related support or other services that may be provided under these Terms of Service or otherwise.
  3. Termination: These Terms of use are effective until terminated by you or Licensor. The Licensor reserves the right to terminate these Terms of Service and your right to access and use the Services immediately and without any notice to you if you fail to comply with any terms of these Terms of Service. You may terminate these Terms of Service by permanently ceasing all use of the Services and by deleting the App and all copies thereof (if any) from your Mobile Device. Licensor may terminate these Terms of Service (and your access to and use of the Services) at any time without notice, for any reason or for no reason, including, but not limited to, if Licensor ceases to support the Services, which Licensor may do in its sole discretion. Upon termination, all rights granted to you under these Terms of Service will also terminate and you must cease all use of the Services and delete all copies of the App and all copies thereof from your Mobile Device and account. Termination of these Terms of Service does not relieve you of your obligation to comply with the stated policies, rules, limitations, restrictions and prohibitions. Termination will not limit any of Licensor’s rights or remedies at law or in equity.
  4. Reliance on Information Posted: The information presented on or through the Services is made available solely for general information purposes. Licensor does not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. Licensor disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents. Additionally, the Services may include content provided by third parties, including materials provided by Organizers or other users of the Platform. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Licensor, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Licensor’s opinions. Licensor is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  5. NO WARRANTY: Licensor strives to provide a reliable and useful experience when using the Services, but does not guarantee that the Services will be available at any specific time and will not be liable for any reason if you cannot access the Services. Licensor reserves the right to alter, enhance, withdraw, restrict the use of or amend the Services (including, without limitation, the design, look and feel, functionality, content, material, information and/or services provided via the Services) in Licensor’s sole discretion at any time without notice. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY SUPPORT OR OTHER SERVICES THAT MAY BE PERFORMED OR PROVIDED BY OR RELATED TO THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY RELATED SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR ANY RELATED SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Notwithstanding the foregoing, you may report violations of these Terms of Service to the Licensor, and the Licensor may, in its sole and absolute discretion, investigate such claims and take appropriate action.  
  6. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER, MOBILE DEVICE OR OTHER EQUIPMENT FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU IN AGGREGATE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (i) $50, OR (ii) THE AMOUNT OF FEES YOU HAVE PERSONALLY AND DIRECTLY PAID TO LICENSOR FOR ACCESS TO AND USE OF THE SERVICES IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  7. Limitation of Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  8. Indemnification: You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including actual attorneys’ fees, arising from or relating to your misuse of the Services or your breach of these Terms of Service.
  9. Dispute Resolution; Binding Arbitration; Governing Law:  

(i) PLEASE READ THIS SECTION CAREFULLY, BECAUSE THE LICENSOR WANTS YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.

(ii) If you have an issue with the Services, we encourage you to review our frequently asked questions page or contact a member of our customer support team.  

(iii) If the guidance available on the frequently asked questions page or consultation with our customer support team is unable to resolve any issues, then you and the Licensor agree to first attempt to settle any claim, controversy or dispute arising out of or relating to these Terms of Service through consultation and negotiation, in good faith and a spirit of mutual cooperation.

(iv) If the parties cannot resolve the claim, controversy or dispute within forty-five (45) days through direct consultation and negotiation, then the claim, controversy or dispute shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The dispute shall be arbitrated by one arbitrator that is reasonably acceptable to both parties. If the parties are unable to agree upon a single arbitrator, then the parties shall choose an arbitrator by striking from a list of arbitrators supplied by JAMS. The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator. The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties. The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party. The award of the arbitrator shall be accompanied by a written explanation of the basis of the award. The decision of the arbitrators shall be final and binding and may be enforced in any court of competent jurisdiction.

(v) The procedures set forth in this subsection “v” are the exclusive means for resolving any claims, controversies or disputes of any nature whatsoever between the parties (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of or relating to the Services, these Terms of Service or the validity, scope, interpretation or enforceability of this subsection “v,” and, except as otherwise expressly provided in this subsection “v,” neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this subsection “v.” However, with respect to injunctive or other equitable relief to prevent or require the cessation of breaches of the parties’ express obligations under (and/or the limitations, restrictions and prohibitions under) these Terms of Service, alternatively, the parties hereby submit to exclusive venue in, and jurisdiction of the courts located in Orlando, Florida.

(vi) These Terms of Service and the rights the parties hereunder shall be governed by and construed in accordance with the laws of the United States and the State of Florida, as applicable, exclusive of conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

(vii) YOU AND THE LICENSOR AGREE TO ARBITRATE IN EACH PARTY’S INDIVIDUAL CAPACITY ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS. CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS. YOU AND THE LICENSOR UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SUBSECTION “v,” NEITHER YOU NOR THE LICENSOR WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

(viii) All disputes between the parties and all arbitration proceedings will be private and confidential and, except as may be required by law, neither you nor the Licensor nor any arbitrator may disclose the existence, content or results of any claim, controversy or dispute under arising out of or relating to these Terms of Service or arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.

(ix) Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court. The parties hereby agree to bring any such claim exclusively in the courts of the State of Florida located in Orlando, Florida, and you and the Licensor hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.

(x) This agreement to arbitrate may be enforced by the parties to these Terms of Service and their permitted successors and assigns or their heirs, executors, administrators, affiliates and legal representatives (as applicable), and shall survive the termination or breach of these Terms of Service.

  1. Force Majeure: Licensor will not be liable for any delays or non-performance of its obligations arising out of causes not within Licensor’s reasonable control, including, without limitation, actions or decrees of governmental authorities, criminal acts of third parties, earthquakes, flood, hurricanes, ice storms and other natural disasters, epidemic, war, terrorism, acts of God, or fire.
  2. Severability and Waiver: If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
  3. Amendment: Except as set forth in Section “cc” below titled “Changes to this Agreement,” no change, consent or waiver under these Terms of Service will be effective unless in writing and signed by the party against which enforcement is sought.
  4. No Third Party Beneficiaries: Except as provided in the immediately following sentence, these Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns and/or heirs, executors, administrators, affiliates and legal representatives and nothing herein, express or implied, is intended to or will confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Service.
  5. Injunctive Relief: You acknowledge and agree that the breach or threatened breach of these Terms of Service would cause irreparable harm to Licensor, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Licensor may be legally entitled, Licensor may seek immediate injunctive relief without the necessity to post a bond therefor in the event of such breach or threatened breach by you.
  6. Entire Agreement: These Terms of Service and the Privacy Policy and any other documents referenced herein constitute the entire agreement between you and Licensor with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
  7. Changes to this Agreement: Licensor may revise and update these Terms of Service from time to time in its sole discretion. Changes are effective immediately when Licensor posts them, but are not retroactive. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Services if you do not want to agree to the revised Terms of Service.
  8. Coordination with Apple Minimum Terms: If (and only to the extent) you are accessing and using the App in connection with an iOS-based product (the “Apple App”), then the additional terms and conditions of this Section “dd” apply to you. These Terms of use are concluded between you and Licensor only, and not with Apple Inc. (“Apple”). You and Licensor each acknowledge that Licensor, and not Apple, is responsible for the Apple App and the content thereof, subject to the terms and conditions of these Terms of Service. You and Licensor each acknowledge that Apple does not have any obligation whatsoever to furnish any maintenance or support services with respect to the Apple App. You and Licensor each acknowledge that, as between Licensor on the one hand, and Apple on the other, Licensor (and not Apple) is responsible for addressing any claims by you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, in each case subject to the terms and conditions of these Terms of Service. To the maximum extent permitted by applicable law, Apple will not have any warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility, subject to the terms and conditions of these Terms of Service. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof. In the event of any third party claim that the Apple App or your possession and use of the Apple App in accordance with these Terms of Service infringes that third party’s intellectual property rights (an “Infringement Claim”), Licensor (and not Apple), will be solely responsible for the investigation, defense, settlement and discharge of any such Infringement Claim. Notwithstanding the foregoing, Licensor will have no liability or obligation with respect to any Infringement Claim to the extent based upon or arising out of: (a) access to or use of the Apple App in combination with any hardware, system, software, network or other materials or service not provided by Licensor (or authorized in the Apple App’s documentation or otherwise in writing by Licensor); (b) modifications or configurations made to the Apple App, as applicable, by anyone other than Licensor (or a party acting under Licensor’s direction) without Licensor’s prior written consent; or (c) any action taken by you relating to use of the Services that violates these Terms of Service or is otherwise outside the scope of the rights and authorizations granted in these Terms of Service.
  9. Coordination with Google Minimum Terms: If (and only to the extent) you are accessing and using the App in connection with an Android-based product (the “Android App”), then the additional terms and conditions of this Section “ee” apply to you: (i) you acknowledge that these Terms of Service are solely between you and the Licensor only, and not with Google, Inc. or any of its subsidiaries or other affiliates (collectively, “Google”); (ii) your use of the Android App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Android App; (iv) the Licensor, and not Google, is solely responsible for the Android App; (v) Google has no obligation or liability to you with respect to the Android App or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to the Android App.
  10. Comments and Concerns: All feedback, comments and other communications relating to the Services should be directed to the Licensor:

ViewStub, Inc.
Mailing Address: 

4530 S. Orange Blossom Trail #976

Orlando, FL 32839

 

Telephone: (407) 494-2298
E-mail: support@viewstub.com
Contact Us Page: https://viewstub.com/company/contact 

Terms and Updates

In the future, we may update these Terms to clarify our practices or to reflect new or different practices (adjustments, added features, etc.). ViewStub reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we may notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications to these Terms will become effective on the day they are posted unless stated otherwise. Your continued use of our services after changes become effective indicates that you accept those changes.

Any and all revised Terms shall supersede all previous Terms.

Last updated: 01/03/24

ViewStub Streaming Storage Policy    – Effective January 1st, 2024

Storage Summary Pricing:

Minimum $5/month up to 100 GB cost        

(or )   $10 for 200GB
          $25 for 350GB
          $50 for 500GB

Custom quote above 500GB

Policy Details:

At ViewStub we are committed to providing a seamless and efficient ticketing and livestreaming experience. As part of our ongoing efforts to enhance our services, we have introduced a new storage policy for live streaming content that applies to your account. As of today, you are currently utilizing “XGB” amount of on-demand storage and we want to ensure you will not lose access to media as we roll out our new policy. Please read below to see your options:

How It Works:

  1. Choose the basic storage plan or select one of the additional plans based on your streaming requirements.
  2. For storage needs beyond the $50/month plan, reach out to our team for a personalized quote.
  3. Enjoy seamless livestreaming with ample storage to meet your content demands. 

Basic Storage Plan = $5 /per month (includes up to 100 GB of streaming storage).

Custom Quote:

For storage needs exceeding the $50/ month plan for 500 GB, we offer custom quotes tailored to your specific requirements. Our team will work closely with you to determine the optimal storage solution for your livestreaming needs, ensuring scalability and cost-effectiveness.

We believe this new policy provides flexibility and scalability to accommodate a variety of livestreaming needs. If you have any questions or require assistance in selecting the right storage plan for your events, please don’t hesitate to contact our support team. To opt out of storage, please delete your content. If you require assistance deleting your content, please contact support@viewstub.com.

Thank you for choosing ViewStub for your ticketing and livestreaming needs!