(Effective October 31, 2002; last modified April 23, 2009)
Use of This Site by Children
1. What Information We Collect
UltraStar gathers two basic types of information through the Site: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”). PII is information that identifies or can identify you as an individual (such as residential address, telephone number, or billing information) and Non-PII is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
a. Non-Personally Identifiable Information –When you visit and interact with the Site, UltraStar and third parties with whom UltraStar has contracted to provide services to UltraStar may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is anonymous and does not identify you personally. Non-PII is generally collected through the Site from four different sources: Internet protocol addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that you voluntarily provide (as explained below).
i. IP Protocol Addresses and Web Logs – This Site’s web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any PII. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
iii. Pixel Tags – We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags do not contain any PII and allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened.
iv. Information You Voluntarily Provide – We may also collect certain information (e.g., your geographic location, your genre preferences etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
b. Personally Identifiable Information –You may use many features of this Site without providing any PII. However, in order to take advantage of particular opportunities made available through the Site (for example, to access additional services provided by this Site such as concert updates, chat room forums and/or personalized content) we may require that you furnish PII to us such as: your name, postal address, telephone number, fax number email address, age, gender, credit card number or other payment account number and health-related information (for example, physically disabled seating requests). We collect PII from you through the Site only when you voluntarily provide it.
If you become a member of the Club, you should note that when you complete your member profile, this information can be viewed by other members. Accordingly, you should not provide any information in your member profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained therein. You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose PII in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
2. How Information We Collect Is Used
a. Non-Personally Identifiable Information – Because Non-PII does not personally identify you, we may use such information for any purpose. For example, we may use Non-PII to measure the number of visits, average time spent on the Site and pages viewed as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of this Site. We may use non-PII information about you and other Site visitors on an aggregate basis to sell and deliver advertising, promotions and content that we believe will be of interest to you. In addition, we reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose. For example, we may share information with advertisers or other third parties that are not part of the UltraStar family on an aggregate or other basis that does not disclose any of your PII. In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated as PII as long as it is so combined. This “combined” PII is not shared with third parties, except as described in this Policy.
b. Personally Identifiable Information
i. Site: We may use PII you give us to better tailor your website experience to your interests, and to show you content in which you may be interested and to display the content according to your preferences. We may also share your PII within the UltraStar business family in order to enhance your experience on other UltraStar websites. To the extent we do so, we make sure that your PII receives the same level of protection throughout the UltraStar business family. Please note that such sharing may involve the collection use, storage, or disclosure of PII outside the United States of America.
ii. Communications: If you choose to opt-in, we may use your PII to send you information about the Club, UltraStar and its services as well as promotional material on behalf of some of our partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see the “Opt-In Policy” section below.
iv. Fulfillment of Requests: UltraStar may use your PII to fulfill the purpose for which such PII was provided (e.g., to confirm your registration or fulfill your purchase).
v. Facilitation of Transactions: Please note that, at times, forms on the Site may be pre-populated with your PII in order to facilitate a transaction between you and UltraStar.
vi. Internal Business Purposes: We may also use your PII for our internal business purposes, such as to target advertising, for data analysis, for audits and for other internal purposes.
vii. Shopping/Commercial Services: This Site may offer merchandise and/or ticket purchase services, which may be offered by us or by one of our e-commerce partners. To the extent the merchandise and/or ticket purchase services are offered by one of our e-commerce partners, such e-commerce partner will be collecting and using the PII you provide. For more information regarding your transactions with our e-commerce partners, please refer to Section 4(b) below.
To the extent UltraStar is the entity offering the purchase services, when you make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you. We will use the Payment Information that you provide to bill you for your purchase and to fulfill your purchase. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).
viii. Email This to a Friend: The Site may allow you to forward certain items posted on Site or links to Site features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party’s email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient’s email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties and we do not use this PII for any purpose except to send this message (unless the recipient has already consented to such use of his/her PII).
3. How Personally Identifiable Information We Collect Is Disclosed
a. Affiliate Communications: If you choose to opt-in, we may share your PII with our affiliates so that they may send you announcements and notifications of events, products or services that might be of interest to you. For further information, please see the “Opt-In Policy” section below.
b. Third Party Communications: If you choose to opt-in, we may also share your PII with third parties to allow such third parties to send promotional communications to you. For further information, please see the “Opt-In Policy” section below.
c. UltraStar Service Providers: We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing and other services of an administrative nature. If you use our services, we reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how we do so.
In the event that you encounter any Site user who you believe is improperly collecting or using information about you or other users, please visit our Help Page to send us an email about such collection or use.
g. Assignment: We reserve the right to transfer any and all information that we collect from users of the Site to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of UltraStar’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
4. Collection of Information By Third Parties
c. Third Party Advertising – The ads appearing on this Site are delivered to you by our web advertising partner. Non-PII about your visits to this Site, such as number of times you have viewed an ad, is used to serve ads to you. In the course of serving advertisements to this Site, our third-party advertiser may place or recognize a unique cookie on your browser.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
5. Opt-In Policy
a. UltraStar Communications – When you supply UltraStar with PII, from time-to-time, in UltraStar’s discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site, the Club, UltraStar and/or our advertisers and partners. If you do choose to opt-in to receive such communications, we may, from time to time, send you marketing communications. If at any time you change your mind and no longer wish to receive marketing communications from us, you may opt-out of such marketing communications by either: • Using the link provided in our newsletters or commercial email messages to opt-out of receiving further marketing communications from us; or • Changing your contact preference to “Do Not Contact Me” at any time by using the “Ask a Question” tab on our Help Page. If you decide to contact us to change your contact preference to “Do Not Contact Me”, UltraStar will implement this change in a reasonable time frame. Please be aware that your requested change will not be effective until UltraStar implements such change, and such requests will be implemented only in connection with your Site profile, and will not impact any preferences you may have made to any other site controlled, owned or operated by UltraStar or its affiliates.
b. Affiliate and Third Party Communications – From time-to-time in UltraStar’s discretion, you may be provided with the opportunity to opt-in to receive offers directly from UltraStar, our affiliates and/or from third parties. If you do choose to accept any such offer(s), any PII provided to UltraStar for such purposes may be shared with our affiliates and such third-party partner(s), to allow our affiliates and/or such third parties to provide you with such offers. If you change your mind and would prefer that we no longer share your PII with our affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by using the “Ask a Question” tab on our Help Page, and specifying which choice you are opting out from, provided however, you may not be able to opt out of certain third party offers that are displayed on our Site.
c. Allowing UltraStar to share PII with affiliates for their marketing purposes and/or Allowing UltraStar to share PII with third-party companies for their marketing purposes – Please note that if you opt-out as described above, (i) we will not be able to remove your PII from the databases of affiliates or third parties with which we have already shared your PII (i.e., to which we have already provided your PII as of the date that we implement your opt-out request), therefore you must contact such affiliates or third parties directly in order to opt-out of further marketing communications made directly from them or utilize the opt-out mechanisms set forth in their respective privacy policies or marketing messages; and (ii) you may still be presented new offers from UltraStar and/or its affiliates or third parties while you are within the Site, including offers from those third parties which you have opted-out of receiving direct offers; but in connection with each new offer within the Site you will have the right not to accept such offers. In the event you receive an offer from a third party through our Site, but choose not to accept it, your PII will not be shared.
6. Accessing, Updating or Deleting Information Collected About You
This Site also gives you the opportunity to modify or remove PII that you have provided to us by way of this Site. You may do so by modifying your password-protected registered user information on the Site. To the extent that such information is stored in our databases, we will respond to your changes as soon as reasonably possible, although please understand that although this information, once deleted, is not available on the Site, that information may remain stored indefinitely in our backup and archival records. To the extent that such information is not stored in our databases, we cannot always ensure that these corrections or deletions will reach such other databases in a timely manner.
7. Security of Your PII
UltraStar employs reasonable security measures consistent with standard industry practice, for PII collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While UltraStar takes all appropriate steps to safeguard PII under our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, we cannot guarantee that PII supplied by users will not be accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Site, please contact us at firstname.lastname@example.org.
Please remember that security of the username and password you create when you register with the Site is your responsibility; we recommend that you do not share them with anyone. If you share your username and password, you are providing access to your PII. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify UltraStar of any unauthorized use of your username or password.
8. Offline vs. Online practices
9. Contacting UltraStar Regarding this Site
If you have any questions concerning this Policy, you may send them by email to our Privacy Officer at email@example.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
10. Access to Your PII
We appreciate your assistance in keeping your PII up to date and accurate. You are entitled to access, verify, amend and/or correct your PII collected by UltraStar. You are encouraged to contact our Privacy Officer at firstname.lastname@example.org, or the above postal address to verify, correct or update your PII.
If you have a concern regarding the collection, use or disclosure of your PII by UltraStar, please contact our Privacy Officer. Your concern will be investigated and you will be notified as soon as possible of the outcome of the investigation and any action required as a result.
Warning About Online Disclosure of Information
If you are a member of nickelbackfanclub.com, you should note that when you complete your “Member Profile,” this information can be viewed by other members. Accordingly, you should not provide any information in your Member Profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it. You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose Personal Information in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
Opinions, Questions and Comments
If you send us your opinions, questions or comments, they may require personal information for a response. Please do not submit any unsolicited or unique creative ideas, drawings or other materials, which we cannot accept as a matter of policy.
Updating Your Personal Information and Opting Out
Games, Contests, Sweepstakes and Certain Promotions
Should we or our business partners sponsor online games, contests or sweepstakes, or certain promotions, the specific rules and regulations will vary. Your participation will constitute your agreement to abide by those rules and regulations. We will use the information you provide when we fulfill a prize. If you reside in the United States and are older than 12 but younger than 18 years of age, we will ask you for information to contact your parent or guardian at the time of registration, and if you win, he or she will be sent an e-mail with information about the game, contest, sweepstakes or promotion in question and about your award. Your parent or guardian will then have a chance to “opt out” of collecting your prize on your behalf, in which case the prize will not be awarded. Persons who are not residents of the United States and under the age of 18 are not eligible to make use of our site, and accordingly, they cannot participate in games, contests, sweepstakes, or promotions. (See above.)
(Effective October 31, 2002; last modified September 10, 2008)
UltraStar cannot prohibit minors from visiting this site. UltraStar must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that UltraStar does not endorse any of the products or services listed at such websites.
By using or attempting to use the Site, you certify that (1) you are a resident of the United States or Canada and are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (2) you are not a resident of the United States or Canada and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately.
We reserve the right at any time to: • Change the terms and conditions of this Agreement; • Change the Site, including eliminating or discontinuing any content on or feature of the Site; or • Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting a revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
Code of Conduct
You agree to respect the rights of others and exercise good judgment. You agree that you will not: • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; • Use the Site or Materials for any unlawful purpose; • Express or imply that any statements you make are endorsed by us, without our prior written consent; • Impersonate any person or entity or misrepresent your affiliation with a person or entity; • “Stalk” or otherwise harass another person; • Solicit personal information from, harm or attempt to harm minors, in any way; • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); • 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; • Engage in spamming or flooding; • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; • Remove any copyright, trademark or other proprietary rights notices contained in the Site; • “Frame” or “mirror” any part of the Site without our prior written authorization; • Link to any page of or content on the Site other than the URL located at http://www.nickelbackfanclub.com; • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, UltraStar grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. UltraStar reserves the right to revoke these exceptions either generally or in specific cases; • Harvest or collect information about Site visitors or members without their express consent; • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; • Access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval; • Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals; or • Use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale, Fan Club On-Sale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from UltraStar, or from the fan club or other organization with whom UltraStar is working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale’s or offer’s terms.
• 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.
We allow Members (as defined below) to make contributions to the Site including, without limitation, creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively “User Content”), through chat rooms, bulletin board services, member profiles, and other means. By submitting any User Content to the Site, or by posting such User Content to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), adapt, modify, distribute, have distributed and promote, make, have made, sell, offer for sale, import and commercialize the User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in UltraStar’s sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. You also hereby waive any so-called moral rights or other similar rights in your User Content. No User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If UltraStar does decide, in its sole discretion, to attribute any User Content to you, you hereby grant UltraStar the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name.
By submitting User Content you certify that you either (i) are eighteen (18) years old or are an emancipated minor and have the right to submit the User Content and grant the licenses provided hereunder, or (ii) have obtained your parent’s or legal guardian’s express consent to submit the User Content and to grant the licenses provided hereunder.
In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to UltraStar under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and this Agreement or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. 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 email@example.com. Should we choose to 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 from being submitted, or edit, restrict or remove it from the Site, you may not hold us accountable under any circumstances.
As part of the registration process, you will be asked to select a username and password. User Names are issued based upon availability. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your user name and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account. You agree not to share your user name and password, and agree not to transfer or resell your use of or access to the Site to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by emailing us at firstname.lastname@example.org.
Billing and Payment
Your initial membership fee is non-refundable. However, you may cancel your membership by providing us written notice within sixty (60) days following the date that any renewal fee is posted to your credit card account. Once you cancel your membership, a credit will be posted to your credit card account equal to the most recent renewal fee charged. For monthly accounts or other accounts with a periodic fee cycle of less than one year, there are no refunds for cancellations. For monthly subscriptions, you must notify us at least fifteen (15) days prior to the first day of the next calendar month to avoid being charged the fee for such month. For all other memberships, you must notify us at least fifteen (15) days prior to the first day of the next period to avoid being charged the renewal fee for such subscription period. For security, all cancellation requests must be made by the primary contact person on the account who must provide sufficient identification. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. You may cancel online by visiting your “My Account” area on the site: http://www.nickelbackfanclub.com/members/myaccount. We reserve the right to terminate any account and membership at any time, in our discretion, with or without notice to you, if you violate any of this Agreement. Any cancellation by us shall not relieve you of any obligations to pay fees accrued prior to such cancellation. In the event of such a cancellation, we shall have no liability to you or any third party. Upon such termination, we: (i) may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such account or files; and (ii) will not be obligated to refund any part of your membership or any other fees you have paid to the Club.
Purchase of Tickets and Other Merchandise
We 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. You may not sell any tickets or presale codes purchased, won or otherwise acquired through a fan club presale, contest or sweepstake.
General Practices and Limits
You acknowledge that nickelbackfanclub.com 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 nickelbackfanclub.com 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 nickelbackfanclub.com has no responsibility or liability for the deletion of, 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 nickelbackfanclub.com reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time.
Ownership and Restrictions on Use
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about the events, venues and other products and services offered or described on the Site. Although UltraStar strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although UltraStar endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Moreover, portions of the Materials have been contributed to the Site by various artists and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and UltraStar expressly disclaims any liability with respect to the foregoing. Subject to your compliance with the terms and conditions of this Agreement, you may only download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. UltraStar cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in this Agreement is a violation of our copyright and other proprietary rights, and is strictly prohibited. The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by UltraStar in conjunction with others pursuant to contractual arrangements, and will remain the property of UltraStar and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of UltraStar, UltraStar’s licensors and suppliers, and others. The Trademarks owned by UltraStar, whether registered or unregistered, may not be used in connection with any product or service that is not offered by UltraStar, in any manner that is likely to cause confusion with customers, or in any manner that disparages UltraStar. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of UltraStar, UltraStar’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and UltraStar will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
You agree that your use of other internet websites and resources including, without limitation, your use of any content, information, data, advertising, products or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by UltraStar infringe your copyright (for example, materials posted by UltraStar on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow UltraStar to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by UltraStar against you, the DMCA permits you to send UltraStar a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Ellie Schwimmer, Esq., Live Nation Worldwide, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, (310) 867-7000, email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Rules for Sweepstakes, Contests and Games
Modification, Suspension and Termination
We 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 cause and 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. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including assessment of additional charges, disconnection or discontinuance of your membership, or termination of this Agreement. In the event that we elect to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ULTRASTAR AND ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. ULTRASTAR AND ITS PARENTS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ULTRASTAR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ULTRASTAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ULTRASTAR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” above.
Limitation of Liability
NEITHER ULTRASTAR NOR ANY OF ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ULTRASTAR SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ULTRASTAR, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF ULTRASTAR, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL NOT 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. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold the Club, UltraStar, Artist and Artist’s management, and each of their parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site.
We 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.
As 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 from Outside the United States
Unless otherwise specified, the Materials on this Site are presented primarily for citizens and residents of the United States and its territories, possessions, and protectorates. We make no representation that Materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. 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.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.