The names, trademarks, logos, designs, text and graphics used on this Site, the selection and arrangement thereof, and all other materials used on this Site, are and shall remain owned or licensed by (RED). Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by (RED) may appear on this Site. When such materials appear, appropriate credits and notices may be displayed.
In order to access any portions of this Site that refer to alcoholic products, you acknowledge and agree that you are of legal drinking age. If you are an under-aged person, you are not allowed access to, or use of, those portions of the Site that refer to alcoholic products, including accessing advertising or marketing information relating to alcohol on the Site. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of alcoholic products or merchandise or to participate in any of promotions or other offers on this Site or otherwise that relate to alcoholic products.
You are allowed to use this Site and the materials used on this Site only for purposes related to (RED), its mission and (PRODUCT) RED. You shall not alter any materials provided on this Site in any way, shape or form. You are not allowed to sell any of the materials used on this Site to third parties or to use any of such materials for personal gain. Any alteration of such materials or any other improper use of materials found on this Site is strictly prohibited and a violation of (RED)’s proprietary rights.
(RED), may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of this Site, temporarily or permanently, including the availability of any features of this Site or access to any parts of this Site, at any time with or without notice to you. You agree that (RED) shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. You acknowledge that this Site is subject to outages, slow downs or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption or delays arising from any source. We will not be liable to you if this Site is unavailable at any given time. You agree that your sole remedy for any Site unavailability shall be to terminate your use of this Site.
(RED) is not and shall not be responsible for outdated, inaccurate, inadequate, or offensive content used on this Site, or for content which is in any other way incorrect, or for broken links on any third party websites linked to or from this Site. We do not endorse any products, brands or services offered by third parties unless specifically stated in writing, and you agree to look solely to such third parties with respect to any questions, complaints or claims.
All software provided by third parties used on this Site is the responsibility of the third party provider and any complaints regarding the product or service in question should be directed to such third party and not to (RED). You may not distribute, sell, or transmit such software and you are not permitted to alter, modify or adapt such software, including, but not limited to, translating, decompiling, reverse engineering, disassembling, or creating derivative works of it. (RED) is not and shall not be responsible for users unable to access this Site or parts thereof due to technical fault, Internet connection problems or other unforeseen circumstances. (RED) is not and shall not be responsible for any damage that may occur to your software or hardware (such as your computer) from downloading materials from this Site.
By using this Site, you agree to use it only for lawful purposes, and in a manner that neither infringes upon the rights of any third party nor inhibits the use and enjoyment of this Site by any third party. You agree to abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of this Site. You agree to provide true, accurate, complete and current information to us and notify us immediately of any change in that information. You agree not to publish, post, disseminate, distribute or otherwise transmit any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information in connection with this Site.
This Site may now or in the future permit the submission of videos, images or other types of communications and content submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ( RED ) does not guarantee any confidentiality with respect to any submissions. You acknowledge that by posting User Submissions, such User Submissions will be available to any user of this Site and that these users may copy, redistribute, modify, display and/or otherwise use your User Submissions without your consent. You accept all risks associated with posting User Submissions to the Site.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
your recording of images and/or videos of performances shall comply with all applicable laws, rules, regulations, codes, and ordinances, as well as applicable venue rules, regarding the recording, distribution and use of images and videos of concerts and other performances; and
In connection with User Submissions, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner or otherwise authorized pursuant to applicable law to post the material and to grant us all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage us or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business; or
impersonate another person.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners and operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site and/or User Submissions.
We permit you to link to your own User Submissions hosted on the Site and User Submissions of other third parties available on the Site for personal, non-commercial purposes only. You understand that User Submissions, whether or not linked into other websites, are provided to you only on an as-available basis, and we do not guarantee that their availability will be uninterrupted or bug-free. We reserve the right to discontinue any aspect of the Site at any time, including, without limitation, discontinuing any linked or embedded content either generally or in specific cases.
Suspension or Termination
Disclaimers and Limitation of Liability
THE SITE AND ALL CONTENT CONTAINED THEREIN ARE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.
WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE; HOWEVER PRODUCTS WILL BEAR THOSE PRODUCT WARRANTIES OFFERED BY THE MANUFACTURER OF THE ITEM. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM, AND WE DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR BREACH OF THESE TERMS AND CONDITIONS. YOU WILL NOT SETTLE ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU WITHOUT OUR EXPRESS WRITTEN CONSENT. AT OUR DISCRETION AND EXPENSE, BUT WITH YOUR FULL COOPERATION, WE MAY ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (whose name and address is provided in D. below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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 the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
a statement that you have 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
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written notification containing the information as outlined above:
We will remove or disable access to the content that is alleged to be infringing;
We will forward the written notification to the alleged infringer; and
We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Counter Notification. To be effective, a counter notification must be a written communication provided to our designated Copyright Agent, and must include the following:
physical or electronic signature of the subscriber;
(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
the following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a counter notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement within a reasonable time (or as otherwise required by law), provided that Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on our Site.
D.RED’s designated Copyright Agent to receive notifications of claimed infringement is: Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, NY 10017, fax 212-813-5901. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to (RED) customer service through www.red.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
This Site is controlled, operated and administered by (RED) from within the United States. (RED) makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and you acknowledge that access to these materials from territories where such content is illegal is strictly prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.