Terms of Use


Last revised: July 16, 2018

WEBSITE TERMS OF USE

PLEASE READ THE FOLLOWING CAREFULLY.  THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) (“END USER” OR “YOU”) AND SALOON STUDIOS, LLC (“SALOON STUDIOS” OR “WE”).  THIS WEBSITE TERMS OF USE AGREEMENT, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL SALOON STUDIOS RULES AND POLICIES, INCLUDING THE SALOON STUDIOS PRIVACY POLICY, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND SALOON STUDIOS REGARDING YOUR ACCESS TO AND USE OF THE SALOON STUDIOS WEBSITE (“WEBSITE”).  BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.

IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.

1.                  Scope and Acceptance

Anyone who accesses or uses our Website is an “End User.”  The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Website and use of any and all information or data of any kind arising from access to, or use of, the Website, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.

We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice.  You are responsible for reviewing the Agreement regularly.  Your access to any part of the Website is deemed to be your acceptance of this Agreement, and any changes thereto.

If you are accessing or using any part of the Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

2.                  Privacy Policy

Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our End Users.

3.                  Description of Website

Saloon Studios is a company that provides event and performance venue and recording studio facilities, and related products and services.  More specifically, Saloon Studios’ Website provide information and resources about Saloon Studios’ services, shows, and booking our facilities.

The specific features and functionality of the Website are dynamic and may change from time to time.  We reserve complete discretion with respect to the operation of the Website.  We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time.

4.                  Availability of the Website

It is not possible to operate our Website with 100% guaranteed uptime.  Saloon Studios will make reasonable efforts to keep our Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website.  You agree that Saloon Studios shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website.

5.                  Registration

You may choose to create an account (a “Registration Account”) at our Website if you are eighteen (18) years of age or older.  By applying for a Registration Account, you represent and warrant that you are eighteen (18) years of age or older; that your use of the Website shall not violate any applicable law or regulation; that all registration information you submit to us upon registration and at all other times is truthful, accurate, current and complete; and you agree to keep this information accurate and up to date at all times. In particular, you must keep your e-mail address up to date because e-mail is the primary means in which we will communicate with you about your Registration Account and your orders.

When you complete a registration application, you may be asked to provide a password. If Saloon Studios accepts you as a registered user, your password will be needed in order for you to gain access to your Registration Account.  Because you will be responsible for all of the activities that occur with respect to your Registration Account, we ask that you keep your password confidential.  You shall not disclose your password to any third-party, or permit any third-party to access your Registration Account.  You may not sell or otherwise transfer your profile for your Registration Account.

Your registration is solely for your personal use, and you shall not authorize others to use your Registration Account, including your profile or email address. YOU ARE SOLELY RESPONSIBLE FOR ALL ORDERS SUBMITTED THROUGH YOUR REGISTRATION ACCOUNT.  You must notify Saloon Studios immediately of any unauthorized use of your password, or if you know or believe your password is no longer confidential.   We reserve the right to require you to alter your password if we believe that your password is no longer secure.

6.                  Fees

Certain products or services may be offered for sale or use on the Website, such as show tickets, subject to fees.  We will make commercially reasonable efforts to display and explain all applicable fees and payments.  Our current fees and payment policy is published here.  The fees and payment policy may change at any time and from time to time in our sole discretion.  We may contract with one or more third parties to facilitate the processing of fees and payments.

 

Fees are non-refundable; provided, however, that Saloon Studios may review and modify the fees charged and payments made in any transaction, in its sole discretion, based on any complaint or report of special circumstances concerning a transaction.

 

7.                  Permitted Use and Restrictions

Certain Saloon Studios materials provided through the Website are protected by intellectual property laws, including but not limited to U.S. copyright laws.  You expressly acknowledge and agree that the content accessible through the Website that is not expressly designated as being provided by another End User is the property of Saloon Studios and/or its content providers, and Saloon Studios and/or its content providers retain all right, title, and interest in the content.

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Website and related materials solely for your own non-commercial use.  Except as expressly provided, all rights are reserved.  Nothing contained in this Agreement or on the Website shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Saloon Studios, or any third party.

Except as expressly permitted by the Agreement, in connection with the use of the Website, you may not:

(a)                alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or

(b)               sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or

(c)                remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or

(d)               use the Website for any non-authorized purpose or any illegal purpose; or

(e)                copy, modify, erase, or damage any information contained on computer servers used or controlled by Saloon Studios or any third party; or

(f)                use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or

(g)               access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by Saloon Studios; or

(h)               impersonate or misrepresent your affiliation with any person or entity; or

(i)                 use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or

(j)                 attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by Saloon Studios; or

(k)               attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or

(l)                 attempt to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.

8.                  Trademarks

“Saloon Studios” and other names and logos of Saloon Studios are the trademarks of Saloon Studios.  Nothing on the Website or in this Agreement shall be construed as granting any license or right to use Saloon Studios’ name, logos, or other intellectual property displayed on the Website, except as expressly provided in this Agreement or by obtaining the written permission of Saloon Studios.

9.                  Third Party Properties Referred to on the Website

Our Website may refer to artists, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by Saloon Studios (“Third Party Properties”).  Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Saloon Studios of any such Third Party Properties.  You acknowledge that Saloon Studios is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Saloon Studios is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties.  Saloon Studios does not endorse or make any representations about any Third Party Properties.  If you access, visit, or use any Third Party Properties referred to on our Website, you do so at your own risk.

10.              Third Party Links

The Website may from time to time provide links that will take you to other third-party websites.  Any such links are provided solely as a convenience to End Users.  Saloon Studios has no control over these websites or their content, and does not assume any responsibility or liability for these websites or their content.  Saloon Studios does not endorse or make any representations about these websites, or any information, materials, or products found on such websites.  If you access any of the third-party websites linked on the Website, you do so at your own risk, and you agree that Saloon Studios shall not be liable for any loss or damage that you may suffer by using any of these other websites or engaging any of the activities offered through such third party websites.

11.              Testimonials

The Website may post certain comments of users of Saloon Studios’ products or services containing information in the form of opinions that, unless otherwise stated therein, should not be construed as official expressions of Saloon Studios.  Saloon Studios does not warrant, either expressly or by implication, the factual accuracy of the comments posted, nor does it adopt any statement as its own, or warrant any opinions offered. Although Saloon Studios believes all statements made to be reliable and accurate based upon representations made by the authors themselves, Saloon Studios cannot guarantee that such statements are reliable and accurate and Saloon Studios accepts no fault or liability for any error or omission with respect to the same.

12.              Promotions

From time to time, Saloon Studios may offer promotions. We reserve the right to limit quantities offered in promotions, whether at any cost or offered at no charge, and we reserve the right to revise, suspend, or terminate an event or promotion at any time without notice.

End Users who take advantage of promotions offered on the Website are subject to the terms and conditions set forth in both the specific promotion and the terms and conditions stated in this Agreement.  You agree to release Saloon Studios and its agents, advertisers, sponsors, or promotional partners, for all liability arising from and participating in any promotion located on, or accessed through, the Website.

13.              Inaccuracies

We make great efforts to provide accurate information on the Website.  However, we disclaim – and you release us from any liability regarding – errors, inaccuracies, and omissions of the Website.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.  Saloon Studios makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website.  If you believe any portion of the Website includes an error or inaccuracy, please notify us.

14.              Disclaimers

THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS.  EXCEPT AS EXPRESSLY PROVIDED, SALOON STUDIOS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE WEBSITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

SALOON STUDIOS MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.  SALOON STUDIOS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15.              Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL SALOON STUDIOS OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF SALOON STUDIOS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).

16.              Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SALOON STUDIOS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE.

17.              Termination

You agree that Saloon Studios may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Website at any time and for any reason, with or without cause.  You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Saloon Studios for which monetary damages would be inadequate.  You consent to Saloon Studios’ obtaining any injunctive or equitable relief that Saloon Studios deems necessary or appropriate in such circumstances, without the need for a bond.  These remedies are in addition to any other remedies Saloon Studios may have at law or in equity.

18.              General

18.1          Modifications

At any time and in Saloon Studios’ sole discretion, we may add, delete, or modify the Agreement.  We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at https://saloonstudioslive.com. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website.  All changes to the Agreement shall be effective immediately.

18.2          Access and Use Where Prohibited

Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.

1.1              Operation of the Website from the United States of America

By accessing and using the Website, you acknowledge and agree that Saloon Studios controls and operates all parts of the Website from its offices in the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America.  Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, Saloon Studios makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America.  Saloon Studios reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.  Any offer for any feature, product, or service made on or through the Website is void where prohibited.  If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws.  You may not use any portion of the Website in violation of applicable export laws and regulations.

If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

1.2              Applicable Law and Venue

Any action related to the Agreement will be governed by the laws of the North Carolina, without regard to the choice or conflicts of law provisions of any jurisdiction.  You and Saloon Studios agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or the Agreement will be exclusively in the federal or state courts of Ashe County, North Carolina.

1.3              Dispute Resolution

Saloon Studios intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation.  Toward this end, you agree to the following dispute resolution procedure.  If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Saloon Studios in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief.  If, within sixty (60) days of the written notice, you and Saloon Studios fail to resolve the matter, you and Saloon Studios shall seek to mediate the dispute with a neutral third party.  Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties.  You agree that you will not bring or be a party to any class-action lawsuit against Saloon Studios.

1.4              Unsolicited Materials and End User’s Grant of Limited Licensed

In operating our Website, Saloon Studios does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way.  Any information or material submitted or sent to Saloon Studios (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to Saloon Studios, you represent and warrant that the information is original to you and that no other party has any rights to the material.

By communicating with Saloon Studios, including submitting or sending content to us, you grant Saloon Studios the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a Saloon Studios feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to Saloon Studios.  You also warrant that any “moral rights” in such content is waived.

1.5              Miscellaneous

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If Saloon Studios does take any legal action against you as a result of your violation of the Agreement, Saloon Studios will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Saloon Studios.  You agree that Saloon Studios will not be liable to you or to any third party for termination of your access to, or use of, any of our Website as a result of any violation of the Agreement or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Saloon Studios.  Any purported assignment lacking such consent will be void at its inception.  Saloon Studios may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.

2.                  Comments

If you have any comments or questions about the Website, please contact us at info@saloonstudioslive.com.