Stony Official, LLC (“Stony Official,” “we,” “us”) provides this website and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Stony Official and you, the Site visitor and/or member (“you”, “your”), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
By using or attempting to use the Site, you certify that (i) you 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 (ii) you are not a resident of the United States 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.
By using the Site, you agree to be bound by the terms of this Agreement. The Site may also provide rules of participation (“Rules”) for certain activities and services including, without limitation, contests and sweepstakes, games and membership clubs. To the extent that there is a conflict between this Agreement and such Rules for the activity in which you choose to participate, the Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement or Rules, including any indemnifications, warranties and limitations of liability.
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.
As part of the registration process, you will be asked to select a username and password. 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, 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 by visiting www.stonyofficial.com and immediately notify us of the problem by emailing us at firstname.lastname@example.org.
Code of Conduct
In connection with Submissions (as defined below) and your use of the Site, you agree that you will not (collectively, the “Codes of Conduct”):
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;
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),
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 https://stonyofficial.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, Stony Official 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. Stony Official 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 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 Stony Official, or from the fan club or other organization with whom Stony Official 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.
While using the Site, you agree to comply with all applicable laws, rules and regulations.
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. 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. Stony Official 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 Stony Official in conjunction with others pursuant to contractual arrangements, and will remain the property of Stony Official 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 Stony Official, Stony Official’s licensors and suppliers, and others. The Trademarks owned by Stony Official, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Stony Official, in any manner that is likely to cause confusion with customers, or in any manner that disparages Stony Official. 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 Stony Official, Stony Official’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Stony Official will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Descriptions or images of, or references to, products or services on the Site do not imply Stony Official’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Stony Official’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to Stony Official’s refund and exchange policies then in effect.
Information Provided by Stony Official. Although Stony Official 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 Stony Official endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Site by various artists, athletes and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Stony Official expressly disclaims any liability with respect to the foregoing.
Forums and Submissions
Please note that we and our designees host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to Stony Official creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “Submissions”). By sending or transmitting Submissions to us, or by posting such Submissions 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), make, have made, sell, offer for sale, import and commercialize each Submission, 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 Stony Official’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. None of the Submissions 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 Submissions. If Stony Official does decide, in its sole discretion, to attribute a Submission to you, you hereby grant Stony Official 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.
You further acknowledge that Stony Official (a) is under no obligation to post, display or otherwise use any Submission, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Stony Official receives directly or indirectly from the use or display of your Submission or otherwise from the exercise of Stony Official’s rights granted under this Agreement. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Stony Official or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”
Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Stony Official. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stony Official with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Stony Official community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Stony Official. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. If notified by a user of a Submission that allegedly does not conform to this Agreement, Stony Official may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the Submission.
Subject to the rights and licenses you grant to Stony Official under this Agreement, you retain all rights to the ownership and use of your Submissions. By submitting a Submission you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the Submission and grant the licenses provided hereunder, or (ii) you have obtained your parent’s or legal guardian’s express consent to submit the Submission and to grant the licenses provided hereunder.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to Stony Official under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions 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 Submission 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.
We have no obligation to monitor the Site, the Forums, or any Submissions that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the Submissions that you transmit or post; to alter or remove any such Submissions (including, without limitation, any posting to a Forum); to disclose such Submissions and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
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
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 Stony Official infringe your copyright (for example, materials posted by Stony Official 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: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Stony Official to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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 Stony Official against you, the DMCA permits you to send Stony Official 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 Stony Official LLC, 30 N. Gould St. Ste R Sheridan WY 82801, 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.
Access By Minors
Stony Official cannot prohibit minors from visiting this site. Stony Official 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 Stony Official does not endorse any of the products or services listed at such websites.
Access from Outside the United States
The Site is primarily directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations 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.
Rules for Sweepstakes, Contests and Games
You will only receive Stony Official text alerts when you request them by entering a mobile promotion, which includes, without limitation, any contest, sweepstakes, or offer for products sponsored by Stony Official or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will Stony Official, its parent or corporate affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
Frequency of Messages
Depending on program, we anticipate that you may receive an average of up to 2 text alerts per week. You may receive more alerts if the program is surrounding a specific one time event or festival. Stony Official is CAN-SPAM compliant. You can opt out of any future text alerts, if any, after receiving a text alert by replying with the text “STOP” to such text alert or sending the text “STOP” to the shortcode. If you text “STOP” to the shortcode, you will not receive important text messages including advance notice of ticket sales for any future events. We will make every attempt to remove your phone number from the Stony Official text database as soon as possible, but please allow up to seven (7) days. If your carrier does not permit text alerts, you may not receive the Stony Official text alerts.
You understand, acknowledge and agree that Stony Official may, at its sole discretion and without liability to you, terminate its offer of text alerts at any time without advance notice. Stony Official may provide notices of termination or changes in services on this website.
This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Stony Official may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Stony Official shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
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, STONY OFFICIAL AND ITS 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. STONY OFFICIAL AND ITS 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 STONY OFFICIAL OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. STONY OFFICIAL 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 STONY OFFICIAL 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 STONY OFFICIAL NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR 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 STONY OFFICIAL 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 STONY OFFICIAL, (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 STONY OFFICIAL, 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 BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. 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 Stony Official, its 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 (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions 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 (c) your activities in connection with the Site.
The Site is provided by Stony Official LLC. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at 30 N. Gould St. Ste R Sheridan WY 82801, or email@example.com.
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.
This Agreement is governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Sheridan, Wyoming, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Stony Official’s prior written consent. Stony Official may freely assign or otherwise transfer this Agreement without your consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The data controller of your Personal Information is Stony Official LLC, a company, registered in the State of Wyoming, United States, under company number 000973442, whose principal office address is at:
30 N. Gould St. Ste R
Sheridan WY 82801
Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using this Site, visitors from outside of the United States of America acknowledge this Site is subject to the laws and regulations of the United States of America, and waive any claims that may arise under their own national laws.
The Information We Collect About You
Information you give us. This is information about you that you give us by:
- registering for mailing list via the Site;
- following the ‘Contact Us’ link made available on the Site;
- entering into transactions with us;
- providing us with feedback about the Site or our services; or
- corresponding with us by phone, e-mail or otherwise.
This may include Personal Information that you provide to us, such as your name, email address, postal address, telephone number, gender and any payment details that you may provide us with.
Information we collect about you. Each time you use the Site, we may automatically collect the following information, which may be considered to be Personal Information when combined with other information about you:
- 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. 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.
- 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 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.
How Information We Collect Is Used
We may use Personal Information held about you in the following ways:
Information you give to us. We will use this information to:
- facilitate transactions between you and us. Please note that, at times, forms on the Site may be pre-populated with your Personal Information in order to facilitate a transaction between you and Stony Official or an affiliated entity of Stony Official for purposes of conducting the desired transaction;
- fulfill your requests. Stony Official may use your Personal Information to fulfill the purpose for which such Personal Information was provided (e.g., to confirm your registration or fulfill your purchase);
- serve internal business purposes. We may also use your Personal Information for our internal business purposes, such as to target advertising (where you have opted in to receive such advertising), for data analysis, for audits and for other internal purposes.
- process payments on your behalf. To the extent Stony Official is the entity offering the purchase services, when you make a purchase through the Site, we or our third party payment processor 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).
- 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 Personal Information 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 Personal Information for any purpose except to send this message (unless the recipient has already consented to such use of his/her Personal Information).
- process your newsletter and magazine subscriptions. When you complete the ticket purchase for our shows, you will be automatically enrolled in our newsletter. In addition, for some shows you may receive a complimentary subscription to a trade magazine. For this purpose, we will provide your name and mailing address to the magazine subscription fulfillment company. You may choose to simultaneously opt out of both subscriptions during the checkout process.
- send you information about Stony Official and its services as well as promotional material on behalf of some of our partners, if you have expressly opted in to receiving such information. 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.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.
Information we collect about you. We will use this information:
- 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;
- to analyze and improve the features and functionality of this Site;
- on an aggregate basis to sell and deliver advertising, promotions and content that we believe will be of interest to you;
- 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;
- to enhance your experience on other Stony Official websites, if you opt in to allow us to do so. To the extent we do so, we make sure that your Personal Information receives the same level of protection throughout the Stony Official business family. Please note that such sharing may involve the collection use, storage, or disclosure of Personal Information outside of your jurisdiction.
In addition, we reserve the right to share such Non-Personal Information, 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 Stony Official family on an aggregate or other basis that does not disclose any of your Personal Information.
Legal Basis On Which We Process Your Personal Information (European Economic Area (“EEA”) Only)
We may also process your Personal Information where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interest means the interest of our organisation in conducting and managing our business to enable us to give the best possible service to our members and the best and most secure experience on our Site. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Generally we do not rely on consent as a legal basis for processing your Personal Information other than in relation to sending direct marketing communications to you.
How Personal Information We Collect Is Disclosed
- Affiliate Communications. If you choose to opt-in to affiliate communications, we may share your Personal Information with our affiliates, including Stony Official owned, operated or managed venues where Stony Official produced events occur and promoters or sponsors of Stony Official events, so that our affiliates 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.
- Third Party Communications. If you choose to opt-in to third party communications, we may also share your Personal Information 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.
- Stony Official 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 Personal Information 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 Personal Information in a manner comparable to how we do so.
- Collection of Information By Third Parties
- Third Party Advertising. The ads appearing on this Site are delivered to you by our Web advertising partner. Non-Personal Information 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.
Stony Official Communications. When you supply Stony Official with Personal Information, from time-to-time, in Stony Official’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, Stony Official 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, Stony Official will implement this change promptly. Please be aware that your requested change will not be effective until Stony Official 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 Stony Official or its affiliates.
- Affiliate and Third Party Communications. From time-to-time in Stony Official’s discretion, you may be provided with the opportunity to opt-in to receive offers directly from Stony Official, our affiliates and/or from third parties. If you do choose to accept any such offer(s), any Personal Information provided to Stony Official 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 Personal Information 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.
- Allowing Stony Official to share Personal Information with affiliates for their marketing purposes and/or Allowing Stony Official to share Personal Information 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 Personal Information from the databases of affiliates or third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information 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 with new offers from Stony Official 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 Personal Information will not be shared.
- Accessing, Updating or Deleting Information Collected About You. This Site also gives you the opportunity to modify or remove Personal Information 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.
Where We Store Your Personal Information
To make the Site available to you or to provide any services to you via the Site, we may share your Personal Information within the Stony Official group of companies. If you are located in the EEA, this may involve transferring your Personal Information outside of the EEA. Many of our external third parties are based outside of the EEA so their processing of your Personal Information will involve a transfer of data outside of the EEA.
Wherever we transfer your Personal Information outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:
- We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission. For further details see here.
- Where we use certain service providers, we may use specific contracts approved by the European Commission, which give Personal Information the same protection it has in the EEA. For further details, see here.
- Where we use providers based in the USA, we may transfer Personal Information to them if they are part of the Privacy Shield, which requires them to provide similar protection to Personal Information shared between the EEA and the USA. For further details, see here.
Please contact us at firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.
Security of Your Personal Information. Stony Official employs reasonable security measures consistent with standard industry practice, for Personal Information collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to use it. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality. While Stony Official takes all appropriate steps to safeguard Personal Information 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 Personal Information 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 email@example.com.
In the event of a Personal Information breach, we will notify you and any applicable regulator where we are legally required to do so.
Contacting Stony Official Regarding this Site. If you have any questions concerning this Policy, you may send them by email to our Privacy Officer at firstname.lastname@example.org. 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. You must send any official correspondence via postal mail to:
Stony Official LLC
30 N. Gould St. Ste R
Sheridan WY 82801
Access to Your Personal Information. We appreciate your assistance in keeping your Personal Information up to date and accurate. You are entitled to access, verify, amend and/or correct your Personal Information collected by Stony Official. You are encouraged to contact our Privacy Officer at email@example.com, or the above postal address to verify, correct or update your Personal Information. If you have a concern regarding the collection, use or disclosure of your Personal Information by Stony Official, 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.
EEA residents only
Should you have any concerns about how we handle your Personal Information, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to your national supervisory authority.
If you are located in the EEA, you have a number of rights in relation to how we process your Personal Information. These include:
- the right access the Personal Information that we may hold about you;
- the right to rectify any inaccurate Personal Information that we may hold about you;
- the right to have your Personal Information erased in certain circumstances, for example, where it is no longer necessary for us to process your Personal Information to fulfil our processing purposes; or where you have exercised your right to object to the processing;
- the right to restrict the processing of your Personal Information where, for example, the information is inaccurate or it is no longer necessary for us to process such information or where you have exercised your right to object to our processing;
- the right to object to the processing of your Personal Information which may be exercised in certain circumstances, for example, where we are processing your Personal Information for direct marketing purposes, or where your own legitimate interests outweigh ours; and
- the right to have your Personal Information ported to a new service provider if you no longer wish to use the Site or our services.
You can exercise any of these rights any time by contacting us at firstname.lastname@example.org.
No fee usually required.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you.
We may need to request specific information from you to help us confirm your identity and ensure your right to exercise your rights. This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.