Welcome to the Paging
Grace Website (the "Site"), owned and
operated by Paging Grace LLC("we," "us," or "PG"),
the official site of the fan club (the "Club") of
the (the "Artist"). The following terms of use
("Terms") govern your use of the Site. BY CLICKING
ON THE "I AGREE" ICON OR BY USING OR VISITING THE
SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE
TERMS AND TO FOLLOW THESE TERMS AND ALL APPLICABLE
LAWS AND REGULATIONS IN YOUR USE OF THE SITE. WE
RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY
TIME, EFFECTIVE IMMEDIATELY UPON POSTING ON THE
SITE. PLEASE CHECK THIS PAGE OF THE SITE
PERIODICALLY FOR SUCH CHANGES
Member ConductUser Content We allow
Members (as defined below) to make contributions
to the Site ("User Content") through chat rooms,
bulletin board services, member profiles, and
other means. By submitting any User Content to the
Site, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free right and license to
use, reproduce, display, perform, adapt, modify,
distribute, have distributed and promote such
content in any form, in all media now known or
hereinafter created, anywhere in the world, and
for any purpose. Furthermore, you thereby waive
any so-called moral rights or other similar rights
in your User Content. You agree not to submit or
post any User Content that: (i) infringes the
rights of a third party, including, without
limitation, copyrights, trademarks, patents, trade
secrets, rights of privacy and publicity, (ii) is
libelous, defamatory or slanderous, (iii)
condones, promotes, contains or links to warez,
cracks, hacks or similar utilities or programs,
(iv) is pornographic or sexually explicit, (v)
does or may denigrate or offend any ethnic,
racial, gender, religious or other protected
group, through use of language, images,
stereotypical depiction or otherwise, (vi) is
designed to or does harass, threaten, defame or
abuse others, (vii) is used to impersonate or
claim the identity, characteristics or
qualifications of any other person or entity; or
falsely state or otherwise misrepresent your
affiliation with a person or entity; (viii)
exploits minors in a sexual or violent manner,
(ix) promotes, condones or encourages illegal
activity or ix) is generally offensive or in bad
taste. You agree that all of your User Content,
whether publicly posted or privately transmitted,
is your sole responsibility. User Content does not
necessarily reflect our views or opinions. We
shall not be liable to you or any third party in
any way for any User Content, including, but not
limited to, for any errors or omissions in any
User Content, or for any loss or damage of any
kind incurred as a result of the use of any User
Content posted, emailed, transmitted or otherwise
made available via the Site. We generally do not
pre-screen, pre-edit or otherwise control User
Content and we do not assume responsibility to
monitor the Site for inappropriate User Content.
We do not warrant, expressly or impliedly, the
accuracy, reliability or quality of User Content.
By using the Site, you assume this risk. However,
we reserve the right, but have no obligation (i)
to monitor interactions between you and other
users of the Site; (ii) to prevent you from
submitting User Content that is inconsistent with
our standards, stated above; (iii) to edit,
restrict or remove User Content for any reason at
any time; and (iv) to take any other action in
good faith to restrict access to or the
availability of any User Content that we, or
another user, may consider to be inconsistent with
the standards described above. If you discover
this kind of User Content on the Site, please
notify us at legal@allaccesstoday.com. Should we
monitor User Content, we still will assume no
responsibility for any inappropriate User Content,
or for the conduct of any user who submits it, and
or to remove inappropriate User Content form the
Site. If we prevent your User Content fro being
submitted, or edit, restrict, or remove it from
the Site, you may not hold us accountable under
any circumstances.
Prohibited ActivitiesYou agree to
respect the rights of others and exercise good
judgment. Without limitation, you agree not to:
(i) engage in unsolicited or unauthorized
advertising or any other form of solicitation,
including, without limitation, "pyramid schemes"
or the distribution of promotional materials,
"junk mail," "spam," or "chain letters," (ii)
impersonate any person or entity or misrepresent
your affiliation with a person or entity, (iii)
forge headers or otherwise manipulate identifiers
in order to disguise the origin of any User
Content transmitted through the Site, (iv) make
available, introduce into or direct to the Site
any material that contains software viruses or any
other computer code, files or programs designed to
interrupt, destroy or limit the functionality of
any computer software or hardware or
telecommunications equipment, (v) interfere with
or disrupt the Site or servers or networks
connected to the Site, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Site, (vi) violate
any applicable local, state, national or
international law, rules or regulations,
including, without limitation, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, (vii) "stalk" or otherwise
harass another person, (viii) "deep link" to any
portion of the Site, (ix) collect or store
personal data about other users, (x) use any
robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the
content contained thereon or for any other
unauthorized purpose without our prior express
written permission, (xi) take any action that
imposes an unreasonable or disproportionately
large load on our infrastructure, (xii) display
any of the Site in a frame (or any of our content
via in-line links); (xiii) attempt to gain
unauthorized access to any part of the Site
including without limitation, other accounts,
computer systems or networks connected to the
Site, through hacking, password mining or any
other means; (xiv) attempt to obtain any materials
or information through any means not intentionally
made available through the Site; (xv) engage in
any activity that interferes with any third
party's ability to use or enjoy the Site, (xvi)
assist any third party in engaging in any activity
prohibited by these Terms, or (xvii) solicit
personal information from, harm or attempt to harm
minors, in any way.
Commercial UseYou agree not to use the
Site for any commercial purpose, such as
conducting sales of tickets, merchandise or
services of any kind. Without limiting the
foregoing, you may not resell or link to other
sites for the purpose of selling tickets of any
kind.
TicketsWe reserve the right to block
access to or cancel a ticket order of any user
that we believe, in our sole and absolute
discretion: (i) is or is associated with any
ticket broker or scalper, (ii) is utilizing
automated means to process or place ticket orders,
or (iii) whose ticket order exceeds the stated
limit. In serious cases, we reserve the right to
cancel your membership for violating these
policies without refund.
PrivacyWe will have the right to
collect, share and use your information in
accordance with our Privacy Policy, which is
incorporated by reference in these Terms.
MembershipWE, IN OUR SOLE ABSOLUTE
DISCRETION, WILL HAVE THE RIGHT TO REFUSE TO ALLOW
YOU TO BECOME A MEMBER. WITHOUT LIMITATION OF THE
FOREGOING, WE WILL HAVE THE RIGHT TO CHECK YOUR
CREDIT PRIOR TO OPENING YOUR ACCOUNT, AND REFUSE
TO ALLOW YOU TO BECOME A MEMBER IF WE DETERMINE
THAT YOU ARE NOT CREDIT-WORTHY. ï For residents of
the United States : THIS SITE IS NOT INTENDED FOR
USE BY CHILDREN UNDER THE AGE OF 13 ï For all
other persons: THIS SITE IS NOT INTENDED FOR USE
BY CHILDREN UNDER THE AGE OF 18. YOU MUST COMPLY
WITH THESE AGE LIMITS TO BECOME A MEMBER. BY
BECOMING A MEMBER, YOU REPRESENT AND WARRANT THAT
IF YOU ARE A RESIDENT OF THE UNITED STATES, YOU
ARE AT LEAST 13 YEARS OF AGE, AND IF YOU ARE NOT A
RESIDENT OF THE UNITED STATES, THAT YOU ARE AT
LEAST 18 YEARS OF AGE. We do not accept any such
registration from, or provide any product or
service to, any visitor who identifies himself or
herself as being under the applicable age limit.
General Practices & LimitsYou also
acknowledge that Fan Club may establish general
practices and limits concerning use of the Site,
including without limitation, limiting the maximum
number of days that email messages, message board
postings or other uploaded content will be
retained by the Site, the maximum number of email
messages that may be sent from or received by an
account on the Site, the maximum size of any email
message that may be sent from or received by an
account on the Site, the maximum disk space that
will be allotted on Fan Club servers on your
behalf, the maximum length of time that an IP
address will be assigned for your use, the maximum
throughput of traffic from the Internet or
associated service (e.g., Usenet, email, web
hosting), and the maximum number of times (and the
maximum duration for which) you may access the
Site in a given period of time. You agree that Fan
Club has no responsibility or liability for the
deletion, for failure to store or to deliver any
messages and other communications, for the
modification or malformation of data
communications over the Site, or for other content
maintained or transmitted by the Site. You
acknowledge that Fan Club reserves the right to
log off accounts that are, or disconnect a session
that is, inactive for an extended period of time.
IP Address OwnershipWe shall maintain
and control ownership of all IP numbers and
addresses that may be assigned to you by us and we
reserve, in our sole discretion, the right to
change or remove any and all such IP numbers and
addresses.
Intellectual PropertyProprietary Rights
This Site is owned and operated by Paging Grace.
The contents of this Site are protected by United
States copyright and trademark law, international
conventions and other applicable laws. All
materials contained in the Site are the
copyrighted property of Paging Grace or
its subsidiaries or affiliated companies and/or
third-party licensors (unless in the public
domain). All trademarks, service marks, and trade
names are proprietary to All Access Today or its
affiliates and/or third-party licensors. Unless
expressly authorized by us, you agree not to sell,
license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative
works from materials or content available on the
Site. Notwithstanding the above, you may use the
content and materials on the Site in the course of
your normal, personal, non-commercial use of the
Site.
Intellectual Property Rights PolicyWe
respect the intellectual property rights of
others, and we ask our users to do the same.
Without limiting any of its other rights and
remedies under the Terms of Use, our policy is to
terminate access to the Site by repeat infringers
of copyright. If you believe that your copyright,
trademark or other intellectual property rights
have been infringed, please provide us with a
written notification that includes the following:
1. A physical or electronic signature of person
authorized to act on behalf of the owner of the
right that is allegedly infringed; 2.
Identification of the copyrighted work claimed to
have been infringed, or if multiple copyrighted
works or rights are covered by a single
notification, a representative list of such works
or rights; 3. Identification of the material that
is claimed to be infringing and information
reasonably sufficient to permit us to locate that
material; 4. Information reasonably sufficient to
permit us to contact you, such as an address,
telephone number, and, if available, an electronic
mail address; 5. A statement that you have a
good-faith belief that use of the material in the
manner complained of is not authorized by the
rights owner, its agent, or the law; and 6. A
statement that the information in the notification
is accurate and, under penalty of perjury, that
you are the copyright owner, or authorized to act
on behalf of the copyright owner, of the work that
is allegedly infringed. Please direct all
notifications to the Intellectual Property Rights
Agent, who may be reached as follows: Paging Grace
14 Colonial Drive, Farmingdale, New York. 11735.
MODIFICATION, SUSPENSION AND
TERMINATIONWe reserve the right at any time to
suspend, modify or discontinue, temporarily or
permanently, any portion of the Site or the Club
with or without prior notice. You will not be
entitled to a refund during service outages that
are caused by our maintenance on the servers or
the technology that underlies Site. You agree that
we will not be liable to you or to any third party
for any suspension, modification or
discontinuance.
REPRESENTATIONS AND WARRANTIESYou
hereby represent and warrant to us that: (i) you
have the full power and authority to enter into
and perform under these Terms, (ii) your use of
the Site will not infringe the copyright,
trademark, right of publicity or any other legal
right of any third party, and (iii) you will
comply with all applicable laws and regulations in
using the Site and in engaging in all other
activities arising from, relating to or connected
with these Terms.
Links and Third-Party ServicesANY
THIRD-PARTY LINKS, SERVICES, RESOURCES OR
INFORMATION PROVIDED ON OR MADE AVAILABLE THROUGH
THE SITE ARE NOT CONTROLLED BY US. ACCORDINGLY, WE
DO NOT ENDORSE ANY SUCH LINKED SITES OR THE
INFORMATION, MATERIAL, PRODUCTS OR SERVICES
CONTAINED ON OTHER LINKED SITES, OR ACCESSIBLE
THROUGH THEM. FURTHER, WE MAKE NO WARRANTIES
REGARDING SUCH THIRD-PARTY LINKS, SERVICES,
RESOURCES OR INFORMATION, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT AND
WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON
SUCH THIRD-PARTY SERVICES, RESOURCES OR
INFORMATION. ACCESS AND USE OF LINKED SITES,
INCLUDING INFORMATION, MATERIAL, PRODUCTS AND
SERVICES ON LINKED SITES OR AVAILABLE THROUGH
THEM, IS SOLELY AT YOUR OWN RISK.
Exclusion of DamagesYOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SITE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; OR (v) ANY OTHER MATTER RELATING TO THE
SITE.
Limitations on LiabilityIN THE CASE OF
A MEMBER, IN NO EVENT WILL OUR AGGREGATE LIABILITY
TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING
FROM, RELATING TO OR CONNECTED WITH THE SITE OR
THESE TERMS EXCEED THE ACTUAL DOLLAR AMOUNT PAID
BY YOU TO THE CLUB DURING THE 12-MONTH PERIOD
PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR
THE CAUSE OF ACTION AROSE. WE WILL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE
ARISING FROM YOUR FAILURE TO COMPLY WITH THIS
SECTION IN THE CASE OF A NON-MEMBER USER OF THE
SITE, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO
YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM,
RELATING TO OR CONNECTED WITH THE SITE OR THESE
TERMS EXCEED THE SUM OF TWENTY-FIVE ($25) DOLLARS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Force MajeureWe will not be liable to
you or any third party for failure or delay in
performing our obligations hereunder if such
failure or delay is due to circumstances beyond
our reasonable control, including, without
limitation, acts of any governmental body, war,
insurrection, sabotage, computer viruses,
terrorism, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in
transportation, unavailability of interruption or
delay in telecommunications or third party
services (including DNS propagation), failure of
third party software or hardware or inability to
obtain raw materials, supplies, or power used in
or equipment needed for provision of the Site.
ArbitrationYou agree that any dispute
arising out of or relating to these Terms or your
use of the Site will be submitted exclusively to
confidential binding arbitration in Austin, TX.
Arbitration under these Terms will be conducted
under the prevailing rules of the American
Arbitration Association. The arbitrator's award
will be binding and may be entered as a judgment
in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no
arbitration under these Terms will be joined to an
arbitration involving any other party subject to
these Terms, whether through class arbitration
proceedings or otherwise. Notwithstanding the
foregoing, to the extent you have in any manner
violated or threatened to violate the intellectual
property rights of the Paging Grace Fan
Base, Paging Grace or Paging
Grace's management, these persons or entities
may seek injunctive or other appropriate relief in
any state or federal court in the state of New
York, and you consent to exclusive jurisdiction
and venue in such courts.
TranslationsAs a convenience to our
members, we have occasionally and in our sole
discretion provided versions of these Terms in
languages other than English (each, a
"Translation"). We have attempted to make the
Translations accurate, but we cannot be
responsible in the event of any errors,
inaccuracies or discrepancies in the Translations.
Accordingly, if there is any conflict in meaning
between a Translation and these Terms, these Terms
in the English language shall govern and be given
precedence. Furthermore, we do not provide any
customer service in any language other than
English, and cannot take responsibility for any
problems or issues that may arise as a result of
this fact.
Access Outside the United StatesUnless
otherwise specified, the materials in this Site
are presented solely for citizens and residents of
the United States and its territories,
possessions, and protectorates. All Access Today
is controlled and operated from its United States
offices in Austin . We make no representation that
materials on the Site are appropriate or available
for use in any particular location. Those who
choose to access the Site do so on their own
initiative and are responsible for compliance with
local laws, if and to the extent local laws are
applicable. Software from this site is further
subject to United States export controls. No
software from this site 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 software from this site,
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.
MiscellaneousThe Site is based in and
operated from the United States of America .
Information which you send to us by email or which
we gather from you when you visit our website is
held and processed in the United States of America
. These Terms shall be binding upon and inure to
our benefit, and our successors, and assigns. You
may not assign these Terms without our prior
written consent. These Terms contain the entire
understanding of the parties regarding their
subject matter, and supersede all prior and
contemporaneous agreements and understandings
between the parties regarding their subject
matter. The Terms and the relationship between you
and us shall be governed by the laws of the State
of New York and the United States of America
without regard to any conflict of law provisions.
No failure or delay by a party in exercising any
right, power or privilege under these Terms shall
operate as a waiver thereof. The invalidity or
unenforceability of any of these Terms shall not
affect the validity or enforceability of any other
of these Terms, all of which shall remain in full
force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause
of action arising out of or related to use of the
Site or the Terms must be filed within one (1)
year after such claim or cause of action arose or
be forever barred. The section titles in the Terms
are for convenience only and have no legal or
contractual effect.
BreachIf you become aware of any
activity that may constitute a breach of these
Terms, please notify us at contact@paginggrace.com.
We will investigate your claim and may then take
any action that we, in our sole and exclusive
discretion, deem appropriate.
Trademarks Paging Grace is the
trademark of Paging Grace, LLC. All rights
reserved. All other trademarks on the Site are the
property of their respective owners.
http://www.paginggrace.com/contact.html
for further mailing and contact information.