ANOTHER PLANET USER AGREEMENT
The following are the terms and conditions for use of www.apeconcerts.com and various other Web Sites and web pages (collectively, “Another Planet”) operated by Another Planet Entertainment, LLC, a Delaware limited liability company, and its affiliates (collectively, the “Another Planet Web Sites”). This User Agreement applies to the Another Planet Web Sites and does not apply to the content of third parties.
The Another Planet Web Sites are offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of the Another Planet Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Another Planet Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that Another Planet Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Another Planet Web Site, then these terms shall control.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Another Planet Web Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the Another Planet Web Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Another Planet Web Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Another Planet reserves the right to change the terms, conditions and notices under which the Another Planet Web Sites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Another Planet Web Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Another Planet Web Sites are for your personal and non-commercial use. The content available and any services made available through the Another Planet Web Sites is the property of Another Planet or its licensors and is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Another Planet Web Sites. You acknowledge that Another Planet retains exclusive ownership (or is the licensee) of the Another Planet Web Sites, all content, materials and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the Another Planet Web Sites or their contents, and Another Planet reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of Another Planet, you may not “meta-search” the Another Planet Web Sites, send, or cause to be sent, any automated queries of any sort to the Another Planet Web Sites, or use the Another Planet Web Sites in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Another Planet Web Sites to determine how a web site “ranks” on any Another Planet Web Sites.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Another Planet Web Sites or participation in promotions, including the delivery of, and the payment for, goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Another Planet shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Another Planet Web Sites, you will not use the Another Planet Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices nor cause damage to any third party. You may not use the Another Planet Web Sites in any manner that could damage, disable, overburden or impair any Another Planet Web Sites (or the network(s) connected to any Another Planet Web Site) or interfere with any other party’s use and enjoyment of any Another Planet Web Site. You may not attempt to gain unauthorized access to any Another Planet Web Sites, other accounts, computer systems or networks connected to any Another Planet Web Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Another Planet Web Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Another Planet has designated an agent to receive notifications of claimed copyright infringement relating to the Another Planet Web Sites (the “Designated Agent”). All such notifications relating to the Another Planet Web Sites must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Another Planet personnel to locate the material.
- Information reasonably sufficient to permit Another Planet to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- 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.
- 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.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Another Planet’ Designated Agent as follows:
Service Provider: Another Planet Entertainment, LLC
Full Address of Designated Agent to Which Notification Should Be Sent:
Another Planet ATTENTION: Designated Copyright Agent
1815 Fourth Street, Suite “C”
Berkeley, CA 94710
United States of America
E-mail Address of Designated Copyright Agent: [email protected]
Another Planet and its third-party providers (“Vendors”) do not monitor, endorse, edit or screen your Submitted Content, although Another Planet and its Vendors reserve the right to do so, and neither Another Planet nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Another Planet or between you and Another Planet’ Vendors other than as expressly set forth in this Agreement. You acknowledge that Another Planet is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Another Planet under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Another Planet determines, in Another Planet’ sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, Another Planet reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Another Planet Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational or other means available to Another Planet to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the Another Planet Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the Another Planet Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Another Planet a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
You hereby agree to indemnify and hold Another Planet and all Another Planet Entities, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Another Planet Web Sites and the products, merchandise, tickets and/or services purchased via the Another Planet Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “Another Planet Entities” shall mean, Another Planet Entertainment, LLC, GASS Entertainment, LLC, BGCA Management, LLC, San Francisco Festivals, LLC and all of the parent, subsidiary, sister, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing, including all of their officers, directors, shareholders, members, managers, employees, contractors or agents.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ANOTHER PLANET WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ANOTHER PLANET WEB SITES AND TO THE INFORMATION THEREIN. ANOTHER PLANET AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ANOTHER PLANET WEB SITES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE ANOTHER PLANET WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE ANOTHER PLANET ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ANOTHER PLANET WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANOTHER PLANET AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE ANOTHER PLANET ENTITIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ANOTHER PLANET WEB SITES. YOU SPECIFICALLY AGREE THAT THE ANOTHER PLANET ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE ANOTHER PLANET ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ANOTHER PLANET WEB SITE BY ANY THIRD PARTY.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Another Planet may establish limits concerning use of any Another Planet service offered on an Another Planet Web Site, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any Another Planet Web Site or service, the maximum disk space that will be allotted on Another Planet’ servers on your behalf, and the maximum number of times and duration you may access any Another Planet Web Site in a given period of time.
You agree that the Another Planet Entities have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Another Planet Web Site. You acknowledge that Another Planet reserves the right to log off accounts that are inactive for an extended period of time.
ANOTHER PLANET MAKES NO WARRANTY THAT ANY ANOTHER PLANET WEB SITES OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of Another Planet Web Sites 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 and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.