The Concert Co–OpTM website ("Site") is a development of, and is owned by, The Numbers Station LLC ("Numbers Station").
Our address is:
The Numbers Station
25 NW 23rd Place, Suite 6
Portland Oregon 97210-5599
The Numbers Station reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting of the changes to this Site.
Use of this Site for any purpose that is unlawful, or in any manner that could exceed authorized access, damage, disable, overburden or impair the operation of this Site, or any other party's use or enjoyment of this Site, is strictly prohibited.
2. User Conduct
Users of the Site agree to the following,
- He/she is responsible for any activities that occurs under their screen name or account.
- He/she, to the best of their knowledge, will submit information to the Site which is accurate and not misleading.
- He/she is responsible for keeping their password secure.
- He/she will not abuse, harass, threaten, impersonate or intimidate other Users.
- He/she will not use this Site for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
- He/she is solely responsible for any data, text, information, screen names, graphics, or links that are submitted, posted, or displayed on the Site. Also see Section 3 on additional terms and conditions for User Submissions. The Numbers Station has no obligation to store or provide you with copies of your User Submissions.
- He/she will not modify, adapt or hack the Site or modify another website so as to falsely imply that the other website is associated with this Site.
- He/she will not violate or attempt to violate the security of the Site including (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, (d) forging any data packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled.
- With the exception of accessing RSS feeds, he/she will not use any robot, spider, scraper or other automated means to access the Site for any purpose without the written permission of the Numbers Station. Additionally, he/she agree that they will not: (i) take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures used to prevent or restrict access to the Site.
- He/she will not create or submit unwanted email to any Site Users containing chain letters, contests, junk mail, pyramid schemes, surveys, spam, or other mass messaging, whether commercial in nature or not.
- He/she will not transmit onto the Site any worms or viruses or any code of a destructive nature.
- He/she will not violate any laws in their jurisdiction (including but not limited to trademark, copyright, and other intellectual property laws) by accessing or use of this Site.
- He/she shall not use the Site for promotional or commercial purposes unless expressly approved in writing by the Numbers Station. Also see the terms and conditions contained in Section 6 below.
3. User Submissions
- As a User of the Site you may submit content (photos, comments, music, reviews, biographies, blog content, links to other sites, etc). Such User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, the Numbers Station does not guarantee any confidentiality with respect to your User Submissions.
- You agree that the Numbers Station has the sole discretion to suppress or remove your User Submissions from the Site.
- In connection with your User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Numbers Station all of the license rights granted herein.
- The Numbers Station and this Site do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Numbers Station expressly disclaims any and all liability in connection with User Submissions. The Numbers Station does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and the Numbers Station will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. The Numbers Station reserves the right to remove content and User Submissions without prior notice.
4. Intellectual Property and Privacy Notices
The product, promotional information and images contained in this Site are copyrighted under U.S. intellectual property law and may not be distributed, modified, reused, re-posted or otherwise used outside the scope of normal web browsing without the express written consent of the Numbers Station.
Site information is periodically updated. Accordingly, some of the information may not be entirely accurate at the time of viewing.
The Numbers Station is committed to protecting the privacy of its users. The Numbers Station will use its reasonable best commercial efforts to ensure that your name, mailing address, email address, phone number, financial, or any other personal information which is not publicly available, will not be disclosed to any third party without your consent. The Numbers Station does use personal information provided, including IP addresses, browser cookies and email addresses to analyze trends and to gather broad, aggregated, demographic information. The Numbers Station may share aggregated demographic profiles with our partners and advertisers but will not share individual personal information without your prior approval other than may be required by law enforcement agencies in accordance with legal statutes.
While viewing this Site, you may enter various other independent websites. The Numbers Station does not share your personal information with those websites and is not responsible for their privacy practices. The Numbers Station is not responsible for either the content or nature of such linked websites.
5. Copyright Notice
Concert Co–Op is a trademark of the Numbers Station and protected under U.S. intellectual property law. All other trademarks and registered trademarks are the property of their respective holders.
The copyright in all material provided on this Site is held by the Numbers Station. Except as stated in the next paragraph, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Numbers Station.
6. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other Site content infringes upon your copyrights, you may submit a notification in writing pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Numbers Station with the following information (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Site administrators to locate the material;
- Information reasonably sufficient to permit the Site administrators to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be emailed to email@example.com. For clarity, only DMCA notices should go to this address. Any other feedback, comments, requests for technical support, and other communications should be directed to http://www.concertcoop.com/feedback. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to firstname.lastname@example.org:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location on the Site at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that the Site administrator may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Numbers Station sole discretion.
7. Disclaimer and Limitation of Liability Notice
THE CONCERT CO-OP WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES DESCRIBED ON THE CONCERT CO-OP WEBSITE OR PROVIDED THROUGH THE CONCERT CO-OP WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IT IS THE RESPONSIBILITY OF THE USER OF THIS SITE TO EVALUATE THE ACCURACY, COMPLETENESS, RELIABILITY AND USEFULNESS OF ANY OPINIONS, SERVICES OR OTHER INFORMATION PROVIDED. THE NUMBERS STATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON ITS SITE. THE NUMBERS STATION HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL THE NUMBERS STATION OR ITS AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY PORTION OF THE CONCERT CO-OP WEBSITE, ANY SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE CONCERT CO-OP WEBSITE OR ANY LINKED WEBSITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONCERT CO-OP WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE NUMBERS STATION AND WHETHER OR NOT THE NUMBERS STATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
9. Entire Agreement
This Agreement constitutes the entire agreement between User and the Numbers Station and governs your use of the Site, superseding any prior agreements between User and the Numbers Station.
10. Waiver and Severability of Terms
The failure of the Numbers Station to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
11. Choice of Law; Jurisdiction; Forum
This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or User's actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Site or this Agreement will be brought solely in Multnomah County, Oregon, and User consents to the jurisdiction of such courts. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.