Terms of Use

PopGunPresents.com – Terms of Use

Last Updated: August 24th, 2015

Welcome to the website of PopGun Booking LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of PopGunPresents.com, including any content, functionality and services offered on or through PopGunPresents.com (the “Website”).

Acceptance of Terms of Use

Please read the Terms of Use carefully before you start to use the Website. By using or accessing the Website, you represent to us that you are over the age of 13, your are competent and have the power to enter into a binding agreement with us, and you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, and incorporated herein by reference. If you cannot or do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All such changes are effective immediately when we post them to the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you. The date of the most recent change or update to these Terms of Use will be stated at beginning of these Terms of Use.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict or limit access to some parts of the Website, or the entire Website.

To access the Website or functionality and services offered on or through the Website, you may be asked to provide certain contact or registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other account information or identifier as part of the security procedures applicable to the Website or functionality and services offered on or through the Website, you must treat such information as confidential, and you must not disclose it to any other person or entity or allow any other person or entity to use it. We have the right to disable any user name, password or other account identifier applicable to the Website or functionality and services offered on or through the Website, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The names “PopGun” and “PopGun Presents” and the PopGun graphic logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and your use or access to the Website does not convey to you any right in or to any such names, designs and slogans.

You are permitted to use the Website for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

      • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files that are automatically cached by your web browser for display enhancement purposes.
      • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
      • You may take such actions as are enabled by the social media features available on or through the Website as permitted under the section of these Terms of Use titled “Linking to the Website and Social Media Features.”

You must not:

      • Modify any materials or information printed, copied or downloaded from the Website.
      • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text as it appears on the Website.
      • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. Any use, whether personal or otherwise, of materials or information printed, copied or downloaded from the Website must be accompanied by such rights notices as appear on the Website with respect to such materials or information.
      • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us at: info@popgunpresents.com. No such use shall be deemed to be permitted or accepted by us unless we affirmatively agree in writing. Each such use, if any, must be separately expressly agreed in writing. The fact that we have previously approved one such use shall not be considered waiver or permission with respect to any additional such use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Use

You may use the Website only in accordance with these Terms of Use and only for lawful purposes. You agree not to use the Website:

      • In any way that violates any applicable federal, state, local or international law or regulation.
      • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content.
      • To acquire personally identifiable information of any person without consent of the owner thereof.
      • To transmit, or procure the sending of, any solicitation, advertising or promotional material without our prior written consent.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
      • To engage in any other conduct that restricts, inhibits or interferes with anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

      • Use the Website in any manner that could disable, overburden, damage, or impair the Website.
      • Use any robot, spider or other automatic device, process or means to access the Website for any purpose.
      • Use any device, software or routine that interferes with the intended functionality or operation of the Website.
      • Introduce any virus, trojan horse, worm, logic bomb or other material, software or routine which is malicious or may presently or in the future be technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
      • Attack the Website in any manner, including via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Website.

You agree that any of the actions or use prohibited above will causes damage and harm to the Company in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to such actions or use. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.

Monitoring and Enforcement

We have the right to:

      • Investigate and take appropriate legal action, including without limitation, referral to or cooperation with law enforcement, with respect to any illegal or unauthorized use of the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
      • Terminate, suspend or limit your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Copyright Policy and Infringement

It is contrary to the Company’s policies to permit any infringing content to be present on the Website, however, certain content which may appear on the Website from time to time is provided to the Company by third parties. The Company relies on such third parties to provide such content in compliance with applicable laws and regulations and in a manner that does not infringe on the intellectual property rights of any party. We do not undertake to review all third party content before it is made available on the Website, and therefore we assume no liability for any content provided by any third party.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the site Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

      • Your physical or electronic signature.
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
      • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
      • A statement that the information in the written notice is accurate.
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

PopGun Booking LLC
190 Bedford Avenue, #210
Brooklyn, NY 11249
Attention: Copyright Agent

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect via this Website, which may include information provided by you and regarding your activities on the Website, is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information and activities on the Website in compliance with the Privacy Policy.

Ticketing and Other Third Party Services

The Website may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions, including the purchase or reservation of tickets to certain events or venues through one or more third-party ticketing services (collectively, “Other Services”). If you decide to access and use such Other Services, be advised that your use is governed solely by the terms and conditions of such Other Services, and we do not own, control or endorse, and we are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. The Company is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services. Your sole recourse with respect to any claim or dispute arising with respect to any such Other Services or transactions undertaken by means of any such Other Services shall be to the third party providing or operating such Other Services and not to the Company.

The Website may contain features that enable various Other Services (such as certain social media features or third-party ticketing services) to be directly integrated into your experience with the Website. To take advantage of these features, you will be required to register for or log into such Other Services via their respective websites. If you use or access such Other Services via the Website, we and such Other Services may share with one another information you provide either to us or to such Other Services.

Linking to the Website and Social Media Features

You may link to the homepage or other landing pages on the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. If you establish or allow the establishment of, via a website or social media account within your control, a link to the Website you shall, upon the request of the Company, which request may be made for any or no reason, take all actions necessary to immediately remove such link.

The Website may provide certain social media features that enable you to:

      • Link from your own or certain third-party websites to certain content on this Website.
      • Send e-mails or other electronic communications with certain content, or links to certain content, on this Website.
      • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these social media features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Such social media features may additionally be subject to additional terms and conditions imposed by the provider of the relevant social media platform. Subject to the foregoing, you must not:

      • Establish a link from any website that is not owned by you.
      • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
      • Link to any part of the Website other than the homepage or another landing page.
      • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. We reserve the right to examine any website or social media content generated by you or any other third party which links to, mentions, or purports to be related to us or to the Website, to take any and all lawful actions to seek to have such website or social media content limited, flagged or removed in accordance with applicable regulations and procedures, and to seek further legal remedies in the event that we determine in our sole discretion that such website or social media content violates these Terms of Use or is damaging in any manner to our business or reputation or that of our affiliates, licensors, service providers, employees, agents, officers or directors.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

General Release and Waiver of Claims

AS A CONDITION OF ACCESS TO THE WEBSITE, YOU FULLY WAIVE AND RELEASE THE COMPANY AND ITS STOCKHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, PARENTS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSEES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OTHER USERS’ USE OF THE WEBSITE, THE CONTENT AND FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE AND ANY DISPUTE YOU HAVE OR CLAIM RELATED THERETO. YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST THE COMPANY WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THESE TERMS OF USE AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THESE TERMS OF USE. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW OR STATURE REGARDING THE RELEASE OF SUCH UNKNOWN CLAIMS.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PopGun Booking LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by PopGun Booking LLC, 190 Bedford Avenue, #210, Brooklyn, NY 11249.

All notices of copyright infringement claims should be sent to our Copyright Agent as specified designated in our Copyright Policy as specified in the section of these Terms of Use titled “Copyright Policy and Infringement” in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@popgunpresents.com.