Terms & Conditions
(EFFECTIVE AS OF June 1, 2019)
PLEASE READ CAREFULLY
- Nature of Service and Applicability of this Agreement. The BSM Service is used by third parties ("Clients") to create and deliver live and on-demand audio-visual content ("Content"). Depending on the relationship with the Client, in addition to or instead of accessing the Content from the Site, the BSM Service may be used to deliver the Content through Client's site or through a third-party Site ("Third-Party Site"). This Agreement shall apply with respect to your use of the BSM Service, including through a Third-Party Site, and regardless of whether you pay to access the Content. This Agreement shall apply solely with respect to your use and access of the Site and/or the BSM Service, but not the use or access of Third-Party Sites. To the extent the terms applicable to a Third-Party Site differ from this Agreement, this Agreement shall be controlling solely with respect to the BSM Service.
- Modification. Sometimes changes in the law or changes in the relationships between BSM and our Clients and/or Content providers (including but not limited to event promoters, artists, record labels, music publishers, and other third-party rights holders) will require us to modify this Agreement, which we may do from time to time. The most up-to-date version of the amended Agreement can always be found at bluescoutmedia.com/terms and stagehop.com/termss. It is your responsibility to regularly check this Site to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Site more than 30 days following the effective date of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). If you do not agree to the amended Agreement or otherwise cannot comply with it, you must stop using the BSM Services.
- Eligibility to Use the Service.
- (a) In order to use the BSM Service, you must be at least 13 years of age and a resident of a country in which BSM is legally authorized to operate the BSM Services. You represent that you are at least 13 years old, and that you have read, understood, and agree to be bound by this Agreement. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access or use the BSM Service. You are not authorized or permitted to use or access the Site or Service where such use or access is prohibited by law or regulation of any governmental body with jurisdiction over you or your use or access of the Site or Service
- (b) Notwithstanding any descriptions or representations on the BSM Service, not all the features of the BSM Service may be available in your country. You are also responsible for providing the Internet service, cable modem, mobile cellular service and any other hardware and software necessary to use the BSM Service.
- (c) IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS. THE BSM SERVICE IS NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE.
- (d) The BSM Service contains access to live, unscripted music and other performances that are entirely outside the control and supervision of BSM. As such, parental discretion is advised.
- Control of Account. If you register an account with the Site, you have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account unless your access is through a Client's shared account, which nonetheless shall be limited to the access terms in our agreement with the Client. You agree to notify us immediately of any unauthorized use of your password and/or account. BSM will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account.
- Rights Granted.
- (a) Subject to the terms and conditions of this Agreement, and your payment of any required fees, BSM grants to you a limited, non-exclusive, non-transferable license to access and use the BSM Services in legally authorized jurisdictions for personal, non-commercial purposes only, except as expressly permitted in Section 7 below. BSM reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE BSM SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
- (b) You agree that you will not:
- (i) use the BSM Service to download or reproduce the Content or any other copyrighted materials;
- (ii) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the Content;
- (iii) make the BSM Service available over a network (other than BSM's or other designated network) where it could be used by others;
- (iv) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the BSM Service, a BSM application or any portion thereof except as expressly allowed under applicable law;
- (v) circumvent any technology used by BSM, the Client, the Third-Party Site, or any of its or their respective licensors to protect content accessible via the BSM Service;
- (vi) rent, lease or sublicense any of the BSM Service; or
- (vii) use the BSM Service in any way that violates the terms of this Agreement.
- Commercial Use of Content. From time to time, BSM may make certain Content available for use in churches, venues, and other public places pursuant to a special license. Unless BSM offers such a special license, you may not broadcast, rebroadcast, perform, or otherwise use the Content for any other purpose other than your own personal, private, non-commercial use. If a special license is not expressly made available through the Site or Third-Party Site, please contact us about making arrangements for your event. Any public, business, or commercial use of the Content not specifically permitted in this section is strictly prohibited and may result in immediate termination of your right to use the BSM Service as well as other potential liability (including civil and criminal penalties) resulting from your violation of the rights of BSM or its Clients.
- Changes to BSM Service. From time to time, BSM may make changes or updates to the BSM Service, either at no cost or subject to additional fees, in BSM's sole discretion. Such changes or updates may include additional functionality or conversely, new limitations on your use of the BSM Service. In certain circumstances, such as in the case of a security problem, BSM may require you to install an update to certain software in order to continue using the BSM Service. Notwithstanding anything else contained in this Agreement, BSM will have no obligation to continue making the BSM Service available or producing or releasing new versions of the BSM Service or any updates thereto, or to continue making any portion of the BSM Service free of charge. BSM may also terminate your use of and access to the BSM Service at any time, with or without notice to you.
- Proprietary Rights.
- (a)As between you and BSM, you acknowledge that BSM retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the BSM Service, the software and APIs comprising the BSM Service, and all Content. BSM, its design logo, as well as certain other BSM trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of BSM. The BSM Service contains third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to BSM trademarks or the trademarks of any third party.
- (b)The BSM Service is owned or licensed by BSM and is protected by the copyright laws of the United States and other countries in which the BSM Service is made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
- Payment for Services.
- (a)If you elect to access any paid component of the BSM Service, such as paying for access to a live or on-demand stream, you agree to pay all fees and charges associated therewith on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card.
- (b)All sales are final and non-refundable. Notwithstanding the foregoing, in the event of a material technical malfunction (as determined in BSM's sole discretion) resulting from a failure of our systems that prevents you from viewing substantially all of a live broadcast, BSM may issue a refund upon your written request.
- Credit Card Information. BSM does not currently collect credit card or other payment information. Any payments made in connection with the BSM Service will be processed by BSM's Clients and their third-party payment processors. As such, BSM assumes no liability whatsoever with respect to the collection and use of payment information. Without limiting the foregoing, BSM and/or its Clients or Third-Party Sites may use technology to protect the BSM Service from unauthorized or excessive use. Your use of the BSM Service may be limited by such technology. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY OF THE BSM SERVICE, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
- BSM's Use of Your Email Address and Mobile Phone Number. You agree that BSM may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related e-mails. We may also use your email address and mobile telephone number to send you informational emails and mobile text messages about BSM and special offers. You may opt out of informational email by changing your account settings or by emailing our Customer Support at ([email protected]). You may also opt out of informational email and mobile text messages by sending a request by mail to the following postal address:
Blue Scout Media, LLC
7543 Bosque Blvd., Ste. A
Waco, Texas 76712
- Disclaimers. EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
- (a) THE BSM SERVICE (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE BSM SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BSM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BSM MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE BSM SERVICE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BSM DISCLAIMS ANY LIABILITY RELATING THERETO.
- (b) BSM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE BSM SERVICE WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, BSM MAY MODIFY, SUSPEND, OR DISCONTINUE THE BSM SERVICE (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER BSM ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE BSM SERVICE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
- (c) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE BSM SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT BSM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
- Limitations of Liability. EXCEPT FOR ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
- (a) IN NO EVENT WILL BSM BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF BSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BSM OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
- (b) BSM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF TEN U.S. DOLLARS (US $10.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE BSM SERVICES AT ISSUE WITHIN THE PREVIOUS CALENDAR YEAR.
- Indemnification. You will indemnify and hold BSM, its directors, officers, employees, agents and licensors harmless with respect to any suits or claims arising out of your breach of this Agreement, including but not limited to, any infringement by you of the intellectual property of any third party, or any third party claims arising out of your use or misuse of the BSM Services.
- Governing Law. By visiting or using the Site, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to not commence or prosecute any action in connection therewith other than in the state and federal courts located in Waco, McLennan County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in Waco, McLennan County, Texas.
- Dispute Resolution.
- (a) For any dispute (excluding claims for injunctive or other equitable relief or any claim or dispute related to the enforcement or validity or either party's intellectual property rights) where the total amount of the award sought is less than $10,000, the parties shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (iii) any judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction; and (iv) the decision of the arbitrator will be final except for a limited right of appeal under the Federal Arbitration Act. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action
- (b) In the event of a dispute, you or BSM must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute by certified or registered mail (return receipt requested) or overnight courier providing delivery confirmation toBlue Scout Media, LLC, 7543 Bosque Blvd., Ste. A, Waco, Texas, 76712, with a courtesy copy to Serling Rooks Hunter McKoy Worob & Averill, LLP, 119 Fifth Avenue, 3rd Floor, New York, New York 10003, Attn: Thomas D. Ruth.
- (c) BSM will send any notice of dispute to you by certified or registered mail (return receipt requested) or overnight courier providing delivery confirmation to your address if we have it, or otherwise to your email address. The parties will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, either you or BSM may commence arbitration.
- (d) Neither you nor BSM will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- (e) If the class action waiver set forth herein, or any other provision of this Section 15, is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section 17 will remain in full force and effect.
- General Information.
- (a) BSM, its Clients, and its other business partners may present advertisements or promotional materials via the BSM Service. Your dealings with, or participation in promotions of any third-party advertisers via the BSM Service are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that BSM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the BSM Services.
- (b) The BSM Services may present links to third-party websites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
- (c) BSM may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by BSM in its sole discretion. BSM reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
- Acknowledgement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you have any questions concerning this Agreement or need technical support, you can contact BSM support emailing [email protected].