The following are the Terms of Use that govern the use of FunnyBoneCentral.com (the
“Site”) and the related sites for each Club (collectively, the “Sites”). These Terms
of Use, including Funny Bone’s Privacy Policy, and any other policies, rules, or
guidelines that may be applicable to particular offers or features on the Site are
hereby incorporated by reference into these Terms of Use. By using or visiting the
Sites, you expressly agree to be bound by these Terms of Use and to follow these
Terms of Use and all applicable laws and regulations governing the Site. We reserve
the right to change these Terms of Use at any time, effective immediately upon posting
on the Site. Please check this page of the Site periodically.
1. Permitted Use: The software contained on the Sites, as well as all of
its content, is the property of Funny Bone and/or its suppliers and is protected
by U.S., and international copyright laws. You hereby agree that you are only authorized
to visit, view and to retain a copy of pages of the Sites for your own personal
use. You hereby agree not to duplicate, download, publish, modify or otherwise distribute
the material on the Sites for any purpose other than to review event and promotional
information, for personal use, or to purchase tickets or merchandise, unless otherwise
specifically authorized by Funny Bone to do so. These Terms of Use give you a non-exclusive
license to copy the Sites for your own personal use only so long as you comply with
all of the terms and conditions set forth herein. Any violation of these Terms of
Use exceeds the scope of that license.
2. Information You Provide and Compliance with Laws: The sale and/or purchase
of tickets to entertainment events may be regulated by certain federal, state, county
and city laws and/or regulations. You hereby acknowledge and agree that complying
with laws is your responsibility, and you hereby acknowledge and agree that you
will not hold us liable for your failure to comply with any law or other regulation
or our failure to notify you of any law or regulation. As outlined herein and the
Privacy Policy, Funny Bone will comply with all law enforcement and may provide
law enforcement agencies with all information submitted by you in order to assist
in any investigation or prosecution they may conduct. You hereby represent and warrant
that all information you provide, including but not limited to all personal information
provided, including your name, address, credit card number, and other identifying
information of any nature will be true, complete and correct, and that you will
update all information as it changes. You agree that you will only use credit cards
belonging to you for the purpose of purchasing tickets. You further agree that you
will not attempt to conceal your identity by using multiple Internet Protocol (“IP”)
addresses or email addresses to use or to purchase tickets on the Sites.
3. Privacy Policy: The privacy of our users if important to us. The Terms
of Use contained herein are subject to our Privacy Policy. Funny Bone will not be
responsible or otherwise liable for any use or disclosure of your contact information,
or financial information, by a third party to whom Funny Bone is allowed to disclose
your contact information pursuant to the Privacy Policy.
4. Third Party Sites: You hereby understand and agree that we have no control
over third party websites and the content contained on third party websites that
may be linked to on our Sites and that we cannot guarantee that the content contained
in those third party sites is accurate, legal and/or inoffensive or make any other
representation or warranty about the content contained on those sites. By using
our Sites to link to another site, you agree and understand that you may not make
any claim against us for any damages or losses whatsoever or any other claim.
5. Unauthorized Use of the Sites: You hereby agree that you will not use
any robot, spider or other automatic device, process or means to access the Sites.
You agree that you will not use any robot, spider or other automatic or manual device,
process or means to give yourself or others acting for your benefit or on your behalf
the ability to navigate the Sites or purchase tickets on the Sites faster than users
of the Sites who use a standard commercial browser and manually enter on their computers
all information needed to navigate the Sites and purchase tickets. You agree that
you will use no robot, spider, program or other automatic or manual device, process
or means to circumvent, avoid or defeat any security measures or systems used on
the Sites. Nor shall you use any manual process to monitor or copy our Sites or
the content contained thereon or for any other unauthorized purpose without our
prior expressed written permission. You agree that you will not use any device,
software or routine that interferes with the proper working of the Sites nor shall
you attempt to interfere with the proper working of the Sites. You agree that you
will not take any action that imposes an unreasonable or disproportionately large
load on our infrastructure. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content (except for your
own personal, non-commercial use) from the Sites without the prior, express written
permission of Funny Bone. Any illegal or unauthorized use of the Sites shall constitute
a violation of these Terms of Use. You do not have permission to access the Sites
in any way that violates, directly or indirectly, these Terms of Use. Illegal or
unauthorized use of the Sites includes, but is not limited to, using any of the
Sites to facilitate illegal ticket sales, unauthorized framing of or linking to
the Sites, or unauthorized use of any robot, spider or other automated process on
any of the Sites. It shall also be a violation of these Terms of Use: (a) for any
individual (or group of individuals acting in concert) to request more than 1000
pages of any of the Sites in any twenty-four hour period (hereafter referred to
as “Abusive Use”); (b) for any individual (or group of individuals acting in concert)
to reload or “refresh” transactional event or ticketing pages, or make any other
request to transactional servers, more than once during any three second interval;
or (c) to use any passcode or password, regardless of whether or not such password
or passcode is unique, to participate in a pre-sale or other offer on any of the
Sites if you are not the original recipient of such passcode or password (i.e.,
if you did not receive the passcode or password from Funny Bone, or from an artist
fan club or other organization with whom Funny Bone is working to enable such pre-sale
or offer) or if your participation in such pre-sale or other offer is inconsistent
with such pre-sale’s or offer’s terms.
6. Legal Remedies for Violations: Violations of these Terms of Use, including
Unauthorized Use of the Sites, may be investigated and appropriate legal action
may be taken, including without limitation civil, criminal and injunctive redress.
You understand and agree that in Funny Bone’s sole discretion, and without prior
notice, Funny Bone may block your access to the Sites or to Funny Bone’s other services,
cancel your ticket order and/or tickets acquired through your ticket order, refuse
to honor pending and future ticket purchases made from all credit card accounts
or online accounts Funny Bone believes may be associated with you, cancel a ticket
or ticket order associated with any person acting or believed to be acting in concert
with you, or exercise any other remedy available, if Funny Bone believes that your
conduct or the conduct of any person with whom Funny Bone believes you act in concert,
or any resale of such tickets purchased through Funny Bone, violates or is inconsistent
with these Terms of Use or the law, or violates the rights of Funny Bone, a client
of Funny Bone or another user of the Sites. Violating any limitations or terms on
the Sites, including but not limited to utilizing automated means to process or
place ticket orders or ordering a number of tickets that exceeds any stated limit
will be deemed to be a violation of these Terms of Use. If we are unable to verify
or authenticate any information or tickets you provide during any registration,
ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance
process, or any other process, or if we are no longer able to verify or authorize
your credit card or bank account information, your tickets may be cancelled, we
may refuse to honor all pending and future ticket purchases made on such credit
card accounts and/or on any online accounts associated with such credit card accounts,
and you may be prohibited from using the Sites. You agree that monetary damages
may not provide a sufficient remedy to Funny Bone for violations of these Terms
of Use and you consent to injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Sites, as defined above, causes damage and harm
to Funny Bone in the form of, among other things, impaired goodwill, lost sales,
and increased expenses associated with responding to Abusive Use of the Sites. You
further agree that monetary damages for Abusive Use of the Sites are difficult to
ascertain and that proof of monetary damages for Abusive Use would be costly and
difficult to calculate. Accordingly you agree that liquidated damages are warranted
for Abusive Use. Therefore, you agree that if you, or others acting in concert with
you, alone or collectively request more than 1,000 pages of any of the Sites in
any twenty-four hour period, you, and those acting in concert with you, will be
jointly and severally liable for liquidated damages in the amount of twenty-five
cents ($0.25) per page request each time that a page request is made after that
first 1000 during that twenty-four hour period. You also agree that this will be
the measure of damages for any Abusive Use that occurred prior to this provision
of these Terms of Use being in effect. Funny Bone is not required to provide any
refund to you if it exercises any of its rights or remedies because you have violated
these Terms of Use or any of Funny Bone’s rights. Additionally, we reserve the right,
in our sole discretion, to modify, suspend or discontinue any part of the Sites
at any time, with or without notice to you. We also reserve the right, in our sole
discretion, to impose limits on certain features and services and to restrict access
to any part or to all of the Sites without notice to you. We shall not be liable
to you or any third party for any claim or cause of action arising out of our exercise
of the foregoing rights.
7. License Terms: You have a non-exclusive, limited, revocable license to
visit and use the Sites while you are in compliance with these Terms of Use, and
all other conditions and limitations described for use of the Sites. Nothing in
this license, or contained on the Sites, shall be construed as granting you any
other rights or privileges of any kind with respect to the Sites or any content
on any of the Sites.
8. Site Profile; Sharing of Your Content: By posting any information and/or
content on any of the Sites, including content protected by intellectual property
rights (including photos and videos) (collectively, “Content”), you represent and
warrant that you own or control all of the Content, and you specifically give Funny
Bone the following permission, subject to the Privacy Policy and your rights thereunder:
you grant Funny Bone a non-exclusive, transferable, sub-licensable, royalty-free,
worldwide license to use any Content that you post on or in connection with the
Sites (“Content License”). This License ends when you delete your content or your
account/profile unless your content has been shared with others, and they have not
deleted it. When you delete content, it is deleted in a manner similar to emptying
the recycle bin on a computer. However, you understand that removed content may
persist in backup copies for a reasonable period of time (but will not be available
to others). When you publish Content on the site, others can access and use that
information and content and may associate it with you (i.e., your name and profile
picture).
9. U.S. Export Controls: The Sites and software derived from the Sites are
further subject to United States export controls. No software from any of the Sites
may be downloaded or otherwise exported or re-exported: (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Commerce Department’s Table of
Deny Orders. By downloading or using any of the Sites or any software derived there
from, you represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.
10. Release, Waiver And Limitation on Liability: As a condition of access
to the Sites, you fully waive and release Funny Bone and Funny Bone’s shareholders,
partners, affiliates, directors, officers, parents, subsidiaries, employees, agents,
suppliers, licensees, and distributors from any and all claims, demands and damages
of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed
or undisclosed, arising out of or in any way connected with your use of the Sites
and any dispute you have or claim to have against Funny Bone and its affiliates
or one or more users on the Site. You acknowledge that you may have or may in the
future have claims against Funny Bone which you do not know or suspect to exist
in your favor when you agreed to these Terms of Use and which if known, might materially
affect your consent to these Terms of Use. You expressly waive all rights you may
have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE 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 OR HER SETTLEMENT WITH
THE DEBTOR.
11. Disclaimers: Funny Bone does not promise that the Sites will be error-free,
uninterrupted, or that Funny Bone will provide specific results from use of the
Sites or any content, search or link contained on any of the Sites. The Sites and
their content are delivered on an “as-is” basis. Funny Bone cannot ensure that files
you download from the Sites will be free of viruses or contamination or destructive
features. Funny Bone disclaims all warranties, express or implied, including any
implied warranties of merchantability and fitness for a particular purpose. Funny
Bone will not be liable for any damages of any kind arising from the use of the
Sites, including without limitation, direct, indirect, incidental, or punitive and
consequential damages, or for travel expenses, lost profits, revenues or business
opportunities, even if Funny Bone has been advised of the possibility of such damages.
Funny Bone makes no guarantee of the availability of any tickets or of any specific
result from use of the Sites or use of the Funny Bone service. Funny Bone disclaims
any and all liability for the acts, omissions and conduct of any third party users,
advertisers and/or sponsors on the Sites, in connection with the Funny Bone service
or otherwise related to your use of the Sites and/or the Funny Bone service. Funny
Bone is not responsible for the products, services, actions or failure to act of
any venue, performer, promoter or other third party in connection with any activity
at the venue. Without limiting the foregoing, you may report the misconduct of users
and/or third party advertisers, service and/or product providers referenced on or
included on any of the Sites to Funny Bone at the contact address listed at the
end of these Terms of Use. Funny Bone may investigate the claim and take appropriate
action, in its sole discretion.
12. Disputes: If you have a dispute regarding an event (or a ticket for an
event), then the dispute will be governed by the laws of the State of California
without regard to its conflict of law provisions and you hereby consent to personal
jurisdiction, and agree to bring all actions, exclusively in a state or federal
court located in Los Angeles County, California. If you have a dispute regarding
any of the Sites but not regarding an event (and not regarding a ticket for an event),
then the dispute will be governed by the laws of the State of California without
regard to its conflict of law provisions and you hereby consent to personal jurisdiction,
and agree to bring all actions, exclusively in a state and federal court located
in Los Angeles County, California.
13. Indemnity: You agree to indemnify and hold Funny Bone and its affiliates,
and each of Funny Bone’s and its affiliates’ respective officers, agents, employees,
contractors and principals, harmless from any loss, liability, claim or demand,
including reasonable attorneys’ fees, made by any third party due to or arising
out of your use of the Sites, including also your use of the Sites to provide a
link to another site or to upload content or other information to the Sites.
14. Trademarks: Funny Bone (including, without limitation, the “Funny Bone”
logo), FunnyBoneCentral.com, and all Funny Bone designs are trademarks of Funny
Bone. All rights reserved.
15. Patents: One or more patents apply to the Sites and to the features and
services accessible via the Sites, including without limitation: USA Patent __________
; and all corresponding foreign counterparts.
16: Contact Us: If you have any questions about these Terms of Use, please
contact us by filling the "Contact Us" form.