VIPConcert Terms & Conditions of Use

THIS AGREEMENT WAS LAST UPDATED ON MARCH 8, 2004

PLEASE READ THE TERMS OF USE AND THE PRIVACY POLICY THAT FOLLOW. WE DO ASK THAT YOU READ AND UNDERSTAND ALL OF THESE DOCUMENTS. BY USING THIS SITE, YOU ASSENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ASSENT TO THESE LEGAL DOCUMENTS, DO NOT USE THIS SITE.

This site is owned and operated by VIPConcert (referred to as "Vipconcert.com," "we," "us," "our" or "Web Site"). You may order by credit card from this site, Vipconcert.com, if you are over the age of 18.

To comply with the Children's Online Privacy Protection Act, YOU MAY ONLY SUBMIT INFORMATION TO THIS SITE IF YOU ARE AT LEAST 13 YEARS OLD.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You agree to check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms (including the Web Site Privacy Policy) will mean you accept those changes. You represent and warrant to Vipconcert.com that you will fully comply with the Terms of Use and the Privacy Policy.

PRIVACY

Please review our Privacy Policy which also governs your visit to Vipconcert.com, to understand our practices.

PAYMENT TERMS

Advertised prices are in U.S. dollars unless otherwise noted. Payment is due at the time of your order and is nonrefundable.

PAYMENT PROCESSING

We try to help ensure that your credit card is safe with us. Vipconcert.com, in agreement with 2checkout.com, processes your credit card information. They have agreed to keep your information confidential and use SSL technology for security. Click on this link to learn more about 2checkout.com. We also accept checks mailed directly to us.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not order by credit card through this site. VIPConcert and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Our payment processor uses SSL in processing orders. Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. We strive to protect your personal information but we cannot guarantee or warrant the security of information you transmit to our Web Site, and you do so at your own risk. Please see our Privacy Policy for more details.

RIGHTS AND RESTRICTIONS ON USE

You shall use the Web Site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or Spam. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our service at any time, including the availability of any service feature or content. We may also impose limitations on certain features and aspects of the service or restrict access to all parts of the site without notice or liability.

LINKING SITES

LINKS IN THIS WEB SITE MAY LET THE USER LEAVE THE VIPCONCERT.COM'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF VIPCONCERT.COM, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY US OF THE LINKED SITE. THIS INCLUDES ALL AFFILIATES. PLEASE REFER TO THE TERMS OF USE AND PRIVACY POLICY FOR EACH SITE VISITED.

DISCLAIMER OF WARRANTIES

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIPCONCERT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIPCONCERT.COM DOES NOT WARRANT THAT THE WEB SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT VIPCONCERT.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.FURTHERMORE, VIPCONCERT.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES ADVERTISED EITHER BY VIPCONCERT.COM'S ADVERTISING PARTNERS OR VENDORS, OR POSTED ON THE WEB SITE. AS A SERVICE TO OUR USERS, WE PROVIDE ACCESS TO THIRD PARTY VENDORS AND MERCHANTS. WE ASK THAT YOU REVIEW THE TERMS OF USE, PRIVACY POLICY AND RETURN POLICY OF ALL THIRD PARTY SITES, INCLUDING OUR VENDORS. YOU AGREE THAT NEITHER VIPCONCERT.COM, NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE OR ANY PRODUCT OFFERED BY OUR VENDORS OR THIRD PARTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE. THE ENTIRE LIABILITY OF VIPCONCERT.COM, ITS OFFICERS, CLIENTS, PROVIDERS, VENDORS AND AUTHORIZED AGENTS, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1.00. THE FOREGOING LIMITATIONS, EXLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT NOTICE

This site is controlled and operated by Vipconcert.com. Materials on this Web Site, other than those clearly noted as submissions by users, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our Web Site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the Intellectual Property to a single computer for purposes of viewing and browsing the Intellectual Property, except where otherwise specified. Except as expressly authorized herein, material from this Web Site and from any other web site owned, operated, controlled, or licensed by Vipconcert.com may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Vipconcert.com's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited,

ARBITRATION

Any and all claims, disputes or controversies arising out of or relating to this Agreement, or breach thereof, shall be resolved by confidential binding individual arbitration in the state of California except that, to the extent you have in any manner violated or threatened to violate Vipconcert.com's intellectual property rights, VIPconcert.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by and under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This agreement to arbitrate disputes shall apply no matter by whom or against whom the claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

MINORS

Vipconcert.com does not knowingly collect information from anyone under the age of 13. ANYONE UNDER THE AGE OF 13 SHOULD NOT SUBMIT INFORMATION TO THIS WEBSITE. You should be at least 18 YEARS OF AGE to order by credit card.

INDEMNIFICATION

You agree to indemnify Vipconcert.com and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Terms of Use.

JURISDICTIONAL ISSUES

This site is controlled and operated by Vipconcert.com from its office within the State of California, United States of America. We make no representation that materials in our Web Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and venue shall be in the State of California.

ASSIGNMENT AND SUCCESSION

You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, Vipconcert.com, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

COMPLETE INTEGRATION

This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Vipconcert.com and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this web site. If any provision of this agreement shall 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. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about Vipconcert.com's Terms and Conditions of Use, please email us at: contact@vipconcert.com.

The Terms of Use and Privacy Policy can change at any time without notice. It is your responsibility to periodically refer back our: Privacy Policy.

By using the Website, you acknowledge that you have reviewed and agree to all of the above provisions, disclosures and disclaimers in this agreement, including the Privacy Policy for the Vipconcert.com Site.