Registration Data; Account Security
In your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
Duran Duran and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
* harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
* use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
* use automated scripts to collect information from or otherwise interact with the Service or the Site;
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
* upload, post, transmit, share, store or otherwise make available any videos or images other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
* register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
* solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* intimidate or harass another;
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
* use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
* upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Code of Conduct.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or our Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Duran Duran and Skin Divers, Inc. does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Duran Duran, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13. When we are notified that a user has died, we will generally, but are not obligated to, delete the users account.
Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
MEMBERSHIP POLICY AND CODE OF CONDUCT:
The Duran Duran Fan Community was formed to bring the band’s fans closer together and to provide an easy way for members to get access to Duran Duran VIP ticket packages, pre-sale tickets and exclusive content. NO MEMBER IS GUARANTEED a pre-sale ticket or a VIP package. The band generally do NOT offer meet and greets. THERE IS NO GUARANTEE THAT ALL SHOWS WILL OFFER PRE-SALE TICKETS OR VIP PACKAGES. Pre-sale tickets are allocated by the venues/promoters and although we attempt to get the best seats for the fan community there is no guarantee implied that the pre-sale will provide seats in the first 10 rows of the venue (unless specified in the package offering) or better seats than other on-sales. The abuse of a Duran Duran Fan Community membership and those privileges included will not be tolerated.
• Refunds will be offered within 30 days of joining or renewing membership if a ticket or a VIP event package has NOT been purchased.
• Only one membership is allowed per person. If multiple memberships are found for one person, these memberships will be cancelled without a refund.
• Memberships, Presale Tickets, Packages, Merchandise or Services may NOT be sold and/or transferred. If a member is found to be selling his/her Memberships, Presale Tickets, Packages, Merchandise or Services, the membership(s) may be cancelled without a refund and the tickets may not be honored at the venue. The purchaser MUST attend the performance. You MUST be a current paid member (not expired at the time of purchase) of the fan community to purchase PRESALE VIP packages including, but not limited to, the Ultimate Front Row package and the Second Row, Gold, Silver and Bronze packages. Non-member purchases will NOT receive the merchandise associated with the presale VIP ticket and the ticket may be invalidated at the sole discretion of Duran Duran and/or Magus Entertainment.
• Duran Duran and Magus Entertainment reserves the right to change and substitute alternate items of comparable market value for GOLD package items at any time whether pictured on the website or not.
• Members are responsible for updating their information with the Duran Duran Fan Community. This can be done at any time by clicking on the ‘Update' link in the Member only section once you are logged in. You should also find your username and expiration in this area.
• Any behavior that is detrimental to Duran Duran, Duran Duran Fan Community, any employees affiliated with either, or any member of of the Duran Duran Fan Community will not be tolerated and includes but is not limited to (1) profanity or obscenities; (2) libel, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful mail, email, telephone conversations, message board postings, or ANY personal confrontations which, at our sole discretion, do not foster an environment of harmony (3) displaying any personal information about oneself or that of another including but not limited to address and telephone number. Any abuse of this policy WILL BE GROUNDS FOR REVOCATION OF YOUR MEMBERSHIP. We reserve the right to remove any user generated content (i.e. forum posts or threads etc) for any reason at any time.
• Duran Duran and Magus Entertainment reserves the right to revoke a membership to Duran Duran Fan Community without providing a refund, at any time, if, in the sole determination of Duran Duran and Magus Entertainment , the Companies determines a member has or might violate a term or condition of these policies.
• Except where prohibited, by purchasing an Duran Duran Fan Community membership, you hereby agree to authorize Duran Duran, Magus Entertainment to use your name, voice, portrait and likeness, including any statements, interviews or performances of you in any video, recorded, filmed, taped, and/or photographed material created by Duran Duran and/or Magus Entertainment in connection with Duran Duran and Magus Entertainment photographing and producing video material related to your Duran Duran VIP membership (“the Work”). Duran Duran and Magus Entertainment have the right to use the Work for any purpose, including but not limited to any related advertisement, promotion and publicity for Duran Duran, Magus Entertainment and/or Duran Duran Forever, and to exhibit, produce, broadcast, distribute, and otherwise exploit the Work in whole or in part, through any and all means and all media, whether now known or hereafter developed, throughout the world into perpetuity. Duran Duran and/or Magus Entertainment shall have the right to edit, modify, add to and/or delete any or all of the material contained in the Work, including that material which contains your name, voice, portrait and likeness, in whole or in part. Except as otherwise expressly provided herein, you shall not receive any compensation whatsoever in connection with your services and performances in connection with or as part of the Work, the use and exploitation of your Work or the exercise of the rights granted to you herein.
* All content including FAN2FAN features, video and audio content and other features are subject to change (or be deleted) without notice at any time.
Notification of Changes This policy may be revised over time as features are added or deleted to the Duran Duran Fan Community. Please click the JOIN button and review these terms and conditions regularly.
We *may* require you to be a Member for over 60 days to receive priority for PRESALE and VIP TICKET PACKAGE purchasing for any existing or upcoming tour dates
ADDITIONAL TERMS AND CONDITIONS:
1. Each ticket is a personal revocable licence, which may be withdrawn at any time upon the ticket price being refunded to you.
2. User Information. In the course of your use of the Site (such as, for example, when you decide to purchase our premium packages) you may be asked to provide certain information to us or you may wish to volunteer such information (all such information referred to hereinafter as the "User Information"). The manner in which we collect and the manner in which we may use and disclose your User Information is described in the Site's Privacy Statement, which we urge you to review and become familiar with by clicking here. If you are a visitor under the age of 13, we want to assure you, and your parent or legal guardian, that the collection and use of your User Information is governed by special rules as described in the Privacy Statement under the heading COPPA Compliance. Unless we specifically tell you that the User Information that you provide to us is being transmitted through a secure channel (such as for example, when we specifically tell you that your credit card information is being submitted through a secure channel), we cannot and do not guarantee the security of any of the User Information that you transmit online.You acknowledge and agree that you are solely responsible for the accuracy and completeness of your User Information. This is very important because, for example, when you order any of our premium packages, if the User Information that we receive from you is inaccurate, incorrect or incomplete, the processing of your order will be delayed, or if we cannot reach you after our Customer Service representative makes one attempt to contact you, we may even have to cancel your order andsell the package to someone else. So, remember: the User Information that you provide to us must be accurate and complete!
3. Materials Submitted By You. Sometimes, you may wish to send us feed-back, comments or other materials. While we appreciate your desire to become more involved with the Site, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other creative or other materials from you through this Site, by e-mail or in any other way. Any materials, information, ideas, concepts, suggestions, or any other materials submitted, posted, uploaded, distributed, or published on or via the Site or otherwise sent to us (collectively, the "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner, without any restrictions, without compensation to you or to any other party and without the necessity of further notice or consent from you or anyone else.
By submitting or sending Submitted Materials, you represent and warrant that the Submitted Materials (i) are original to you, that no other party has any rights thereto, that any "moral rights" in any of the Submitted Materials have been waived, and that you grant and agree to grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, upload, download, post, translate, create derivative works from, distribute, perform and display any such Submitted Materials (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed; (ii) do not contain any content that is libelous, slanderous, disparaging, tortious, offensive, pornographic, profane, vulgar, containing sexually explicit graphical descriptions or accounts of sexual acts, racist, bigoted, hateful, threatening, harassing (advocating harassment), harmful, false, misleading, fraudulent, invasive of anyone's publicity or privacy rights or that otherwise violate any law or any right of a third party; (iii) do not constitute "spam"; (iv) do not constitute the promotion or advertising of any commercial enterprise or transaction, or an offer to engage in any such commercial enterprise or transaction; and (v) do not contain any virus, worm, or other similar component that could be harmful or a burden to our computer system or to any other third party's computer system.
4. Site User Conduct. You warrant and agree that, while using this Site, you will not (i) restrict or inhibit any other user from using and enjoying this Site; (ii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iii) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (iv) engage in "spamming," "flooding," "trolling," "flaming," "grifing," "spidering," "screen scraping," "database scraping," harvesting e-mail addresses or other User Information, or any other activity with the purpose of obtaininglists of users, data or other information; (v) send chain letters or pyramid schemes via this Site; (vi) attempt to gain unauthorized access to other computer systems through this Site; (vii) engage in unfair ticket-buying practices or circumventing any ticket limit that we may have set; or (viii)impersonate someone else or otherwise misrepresent your identity. You agreethat you will not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use andenjoyment of this Site.
5. Your Conduct at events. You warrant that, when attending an event, you will not do anything which could reasonably be considered to adversely affect: (a) the safety of the audience or yourself; (b) the enjoyment of members of the audience; or (c) the running of the event, including for the avoidance of doubt, acting aggressively or being under the influence of drink or drugs. You may be refused admission to or ejected from an event if it is reasonably believed that you are adversely affecting, or may adversely affect, any of (a), (b) or (c) above. There will be no pass-outs or readmissions of any kind. You warrant that you will not use any photographic, sound or film recording equipment. Any films, DVDs, CDRs, tapes, CDs, MDs, DATs or other photographic, sound or film recordings may be destroyed.
6. Orders/Purchases. One of our objectives on this Site is to offer you premium packages built around touring events involving your favorite artists.
VIP PACKAGES PURCHASED THROUGH THIS SITE ARE NON-TRANSFERABLE AND NON-REFUNDABLE. THE RESELLING OF PACKAGES IS STRICTLY PROHIBITED AND RESOLD TICKETS WILL NOT BE HONORED AT THE PERFORMANCE VENUE. PHOTO IDENTIFICATION WILL BE REQUIRED FOR THE INDIVIDUAL NAMED ON EACH TICKET AT THE TIME OF TICKET COLLECTION. IF YOU PURCHASE A VIP PACKAGE DURING THE PRE-SALE PERIOD AND WERE NOT A MEMBER YOU WILL NOT RECEIVE ANY MERCHANDISE ASSOCIATED WITH THAT PACKAGE. When you place an order on the Site you are making us an offer. We will send you an order confirmation informing you that we have received your order. However, we do not accept your offer until your billing information and identity has been verified. Only once your offer has been accepted will you have a binding contract with us. If your credit card is declined, your tickets will be automatically put back into inventory.
By purchasing a package through this Site or our third party sites, you hereby expressly consent to our sharing your information with the persons and entities bringing you the event (including, without limitation, the artists, the promoters, the venues) and our and their ability to use the information to contact you regarding the event for which you purchased the packages (or regarding the official cancellation or rescheduling of that event). YOU CONSENT TO FILMING, PHOTOGRAPHY AND SOUND RECORDING AS MEMBERS OF THE AUDIENCE AT THE EVENT. Other than as set forth above, our information collection, use and sharing practices are governed by the Site’s Privacy Statement.
NOTE TO DISABLED USERS:
If you need special accommodations, please let us know by emailing firstname.lastname@example.org. We will try to accommodate your needs, but you acknowledge and agree that depending on the availability of disabled patron seating at a particular venue, we may be unable to offer you seats in the same rows as those advertised with the packages.
Third Party Web Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, or other materials which may or may not be provided by or through Web sites to which you may link from this Site (collectively, the "Linked Sites"). Links to the Linked Sites do not constitute an endorsement by us of such Web sites or the information, content, products, services, advertising, code or other materials presented on or through such Web sites.
7. DISCLAIMER OF WARRANTIES. THIS SITE AND ALL PRODUCTS, PACKAGES, SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THEREIN, ARE BEING PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS OR OPERATION, ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, OR USEFULNESS OF THE CONTENT, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, CONDITIONS OR TERMS, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THIS SITE OR THE PRODUCTS, PACKAGES, SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED ON THE SITE OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS OR OTHER PROBLEMS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS. NO CONTENT OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.
FOR CUSTOMERS PURCHASING TICKET PACKAGES FROM THE UNITED KINGDOM, THE FOLLOWING PARAGRAPHS 7.1 AND 7.2 WILL APPLY INSTEAD OF THE ABOVE PARAGRAPH 7:
7.1 APART FROM OUR WARRANTING TO YOU THAT TICKET PACKAGES WILL BE SUPPLIED TO YOU WITH REASONABLE SKILL AND CARE, NO CONDITIONS, WARRANTIES OR OTHER TERMS APPLY TO THE TICKET PACKAGES SUPPLIED THROUGH THIS SITE.
8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL MAGUS ENTERTAINMENT / DURAN DURAN/ SKIN DIVERS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS OR ANY OTHER OF ITS OR THEIR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS OR LOSS OF SALES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS ORUSE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS CONTAINED OR RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTEDENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MAGUS ENTERTAINMENT / DURAN DURAN FOR YOUR USE OF THIS SITE.
FOR CUSTOMERS PURCHASING TICKET PACKAGES FROM UNITED KINGDOM, THE FOLLOWING PARAGRAPH 8.1 WILL APPLYINSTEAD OF THE ABOVE PARAGRAPH 8:
8.1 MAGUS ENTERTAINMENT / DURAN DURAN/SKIN DIVERS LIABILITY:
(A) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES OR AGENTS; OR
(B) FOR FRAUDULENT MISREPRESENTATION,
8.2 OTHER THAN AS SET OUT IN PARAGRAPH 8.1 OR 8.3, MAGUS ENTERTAINMENT / DURAN DURAN, SKIN DIVERS INC SHALL NOT BE LIABLE (WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON) FOR ANY LOSS, DAMAGE, COST OR EXPENSE ARISING OUT OF THE BREACH WHICH WAS NOT REASONABLY FORSEEABLE BY MAGUS ENTERTAINMENT / DURAN DURAN AT THE TIME OF PURCHASE.
8.3 OTHER THAN AS SET OUT IN PARAGRAPH 8.1 or 8.2, EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER EACH CONTRACT AND IN RELATION TO ANYTHING WHICH THE PARTY CONCERNED MAY HAVE DONE OR NOT DONE IN CONNECTION WITH THE CONTRACT CONCERNED (AND WHETHER THE LIABILITY, ARISES BECAUSE OF BREACH OF CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON) SHALL BE LIMITED TO AN AMOUNT EQUAL TO 125% OF THE TOTAL AMOUNT PAID BY YOU.
10. Mexico Customers: You acknowledge speaking and understanding written English and, therefore, you have comprehended all the terms and conditions contained herein. Moreover and, pursuant to Article 1093 of the Mexican Commerce Code, you acknowledge and accept the validity and enforceability of paragraphs 11 and 12 above.
The Information We Collect
When you visit duranduran.com you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.
When you sign up with duranduran.com, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, and any other personal or preference information that you provide to us.
When you enter duranduran.com, we collect your browser type and IP address. This information is gathered from all duranduran.com visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser.
If applicable, User Content (as defined above) on the Site at your own risk. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.
By using duranduran.com you are consenting to have your personal data transferred to and processed in the United States.
Children Under Age 13
duranduran.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on duranduran.com. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com
Young Adults Between the Ages of 13 and 18
We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
Sharing Your Information with Third Parties
We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about duranduran.com, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the duranduran.com specified purposes.
We occasionally provide demonstration accounts that allow non-users a glimpse into the duranduran.com world. Such accounts have only limited capabilities (e.g., messaging is disabled) and passwords are changed regularly to limit possible misuse.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the duranduran.com service or using the duranduran.com name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
We may offer stores or provide services jointly with other companies on duranduran.com. You can tell when another company is involved in any store or service provided on duranduran.com, and we may share customer information with that company in connection with your use of that store or service.
If the ownership of all or substantially all of the duranduran.com business, or were to change, your user information may be transferred to the new owner so the service can continue operations.
When you use duranduran.com, certain information you post or share, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, blogs, Watchlist or other items, this information may become publicly available.
Third Party Advertising
duranduran.com takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall.
Contacting the Web Site
You may also contact us by mail at: 268 Water St. New York, NY 10038