Terms of Service
By registering for www.onthestage.com (hereafter the “Site”) you are agreeing that the following terms of service (hereafter the “Terms”) govern the use of the Site on behalf of yourself, the venue and/or any third party organization(s) you may represent, now or in the future (“Client”). Artech Holdings, LLC , owner of the Site (hereafter “Artech”), may change the Terms from time to time. Your access to the Site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms and you hereby agree that all Terms will be honored by any production or venue you represent while using the Site. If you do not agree to these terms and conditions, you may not use the Site. Artech reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with Artech or third parties.
License and Site Access. Artech grants you a limited license to access and make personal use of the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Artech. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to Artech that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. Artech does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site. If you violate any of these Terms, your permission to use the Site automatically terminates. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, ARTech reserves the right to terminate your account and refuse any and all current or future use of the Site and (c) You agree not to resell or transfer your ON THE STAGE account or associated web properties, nor use of or access to the Site, except to another agent of the original client organization. We reserve the right to verify or re-verify all information submitted to the Site, either automatically or in real time during the initial registration process, after the initial registration should it be required, and/or as any ongoing need may dictate, using any commercially or publicly available means necessary.
Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, any access to the Internet and any required equipment.
Conduct. By using the Site you agree that you will not do any of the following: Restrict or inhibit any other user from using and enjoying the Site; or Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;Artech has no obligation to monitor the Site. However, you acknowledge and agree that Artech has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Artech reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Third Party Services. In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by Artech. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Artech, is responsible for the performance of the Third Party Services.
Third Party Web Sites. The Site may contain or reference links to Web sites operated by third party (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of Artech. Artech is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Artech does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Artech of any information contained in any Third Party Website. In no event will Artech be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at Licensee’s own risk, and Licensee acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of Artech. Artech is not responsible for such provisions, and expressly disclaims any liability for them.
Invoices; Payment. Payment for the services used on the site will be billed at prevailing rates as listed, at the time of transaction, on the Site’s Frequently Asked Questions section. Payment for any services is due within 30 days of the date of Artech’s invoice. Any delinquency in payment shall incur a delinquency charge of the lesser of 1% per month or the highest rate allowed under applicable law on all overdue amounts until the amounts are paid in full. Should the funds collected by Artech on behalf of the Client through the Site be greater than the fees due the Artech for the services listed above, a check for surplus funds for all tickets dated in a given month shall be rendered no later than the 15th of the month following along with a detailed financial statement for both the fees due and any surplus delivered.
Refunds. Ticket refunds may be made in full at the discretion of the Client. Should the Client choose to offer refunds, it is the sole responsibility of the Client to communicate to patrons any information pertaining to refunds. If the refund is made prior to the date of the performance, the Client will incur no fees from the Company. If the refund is made following the date of the performance, the Client is responsible for all per ticket fees and credit card processing fees associated with refunded purchases. Post-performance refunds must be made within 7 days of the date of the original ticketed date.
Exclusivity. For any production which you create and publish a production website using the Site, Artech will act as the sole and exclusive ticketing agent for the Client in connection with the sale of all tickets sold online via the internet, by phone, or in person.
Disclaimer of Warranties. Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTECH, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. ARTECH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. ARTECH DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. ARTECH IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability. THE ENTIRE CUMULATIVE LIABILITY OF ARTECH AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM ARTECH, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTECH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ARTECH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARTECH AND YOU. ARTECH WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Termination and Amendment. Your privilege to use or access the Site may be terminated by Artech immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that Artech reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Artech may exercise this right in its sole discretion. Artech reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). Artech shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You agree to defend, indemnify and hold Artech and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.