Terms and Conditions
Effective Date: August 1st, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
This Terms of Use Agreement ("Site Terms") is a binding legal contract between you ("You" or "Your," either an individual or a legal entity) and Onstage Group, LLC ("Onstage"). These Site Terms govern Your access to and use of our websites and mobile applications within the domain onstageacademy.com operated or offered by Onstage and our subsidiaries (collectively, the "Sites"), and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available or sold on or through, or used in connection with, the Sites (collectively, the "Services"). By downloading, accessing, or using any part of any Site or Service, You agree to be bound by these Site Terms. If You do not agree to these Site Terms, Onstage is not willing to grant You any right to use or access the Sites or any Service provided therein. In such event, You are not granted permission to access or otherwise use the Sites and/or Services and are instructed to exit the Site(s) immediately.
Onstage reserves the right to amend at any time any policies governing our Sites and Services, including these Site Terms and Onstage's Privacy Policy, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after posted on this Site, unless otherwise indicated. If you do not accept the amended terms, you must cease using the Sites and/or Services.
If you have any questions regarding the use of the Sites, please direct such questions to the email address [email protected].
Privacy Policy
Onstage believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how Onstage collects and uses information from users of our Sites.
1. Grant of License
Subject to Your acceptance and compliance with the Site Terms, Onstage grants You a personal, revocable, nontransferable, non-exclusive license to access our Sites and use our Services for personal, non-commercial purposes.
2. Limitations on License
The license granted to You does not include:
- (a) any commercial use of our Sites, Services, or other content provided therein;
- (b) the collection and use of any product listings, pictures or descriptions;
- (c) making derivative uses of any Site or such Site's contents;
- (d) use of any data mining, robots or similar data gathering or extraction methods; or
- (e) any use of a Site other than for its intended purpose.
Except as expressly provided herein, You are not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, or proprietary right of Onstage or any third party.
You may use and access our Sites and Services solely for Your personal, non-commercial use. All use of our Services must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit our Sites or Services, or any contents, information, data, or materials provided through our Sites or Services in any manner not expressly permitted by these Terms of Use. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer any Site or Service, or directly or indirectly permit any third party to use or copy any of our Sites or Services.
3. Copyright
Unless otherwise indicated, all Site and Service materials and content, including, without limitation, the Onstage logos, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Onstage or its licensors. You may download and/or print to hard copy portions of our Sites for the sole purpose of using the materials and content therein for informational, non-commercial, personal use only. You may not remove any proprietary notices, including copyright and trademark notices, or labels from any materials accessed through any Site and/or Service. Any other use of our Sites or Services – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Onstage is strictly prohibited.
4. Digital Millennium Copyright Act ("DMCA") Notice
Onstage is committed to complying with intellectual property laws and requires all users of the Sites and Services to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Sites or Services in any manner that constitutes an infringement of a third party's intellectual property rights, including rights granted by copyright law.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Upon receipt of proper notification to Onstage by a copyright owner or the copyright owner's legal agent, Onstage may restrict access and/or terminate use privileges of any user who repeatedly infringes the copyright rights of others.
If you believe that any material on our Sites and/or Services infringes upon any copyright which you own or control, please contact us at [email protected] with subject line "DMCA".
5. Trademarks
All Onstage federally registered and common law trademarks, service marks, and trade names, including but not limited to the Onstage logos (collectively, "Site Marks"), may not be copied, imitated, or used, in whole or in part, without the prior written permission of Onstage. In addition, the look and feel of the Sites and Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Onstage, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Onstage. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.
6. Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to any Site or Service for non-commercial purposes, provided such link does not portray Onstage or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time.
7. Third-Party Content & Services
Onstage may provide links to websites, content, and/or services of third parties (collectively, "Linked Third-Party Sites"). Onstage is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Onstage of any Linked Third-Party Site or any information contained therein. Onstage does not monitor or have any control over any Linked Third-Party Site, and therefore Onstage makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any Linked Third-Party Sites accessible via hyperlink from any Site, or any Linked Third-Party Sites linking to any Site.
8. Account Security
Registration by You as an authorized user for access to certain areas of the Sites and/or Services may require both a user name and a password ("Authorized User Credentials"). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password.
You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of Onstage. ONSTAGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
9. Terms and Conditions of Sale
We have engaged a third-party service provider to operate a website through which You may make payments for Services or products ("Onstage Products"). Please refer to our service provider's Terms and Conditions for the conditions and policies applicable to your payments for Onstage Products. By choosing to make payments for Onstage Products through the Site, you agree to be bound by and accept such terms and conditions.
10. Indemnification
You agree to defend, indemnify, and hold harmless Onstage, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, and agents, from and against any third-party claim, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of Your use of our Sites and/or Services, including without limitation any actual or threatened suit, demand, or claim made against Onstage and/or its independent contractors, service providers, employees, directors, consultants, or volunteers, arising out of or relating to Your conduct, Your violation of these Site Terms, or Your violation of the rights of any third party.
11. Disclaimer
THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONSTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ONSTAGE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITES OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE USE OF THE SITES AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONSTAGE, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT ONSTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OR INABILITY TO USE OUR SITES AND/OR SERVICES; (B) ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH OUR SITES AND/OR SERVICES; OR (C) ANY THIRD-PARTY CONTENT OR MATERIALS.
13. Applicable Law
These Site Terms and Your use of our Sites shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Orange County, Florida.
14. Termination
Notwithstanding any of these Site Terms, Onstage reserves the right, without notice and in its sole discretion, to terminate your license to use our Sites and/or Services, and to block or prevent future access to and use of our Sites and/or Services.
15. Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
16. Questions & Contact Information
Questions or comments about Onstage's Sites or Services may be sent via email to [email protected].
