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PerformerStuff.com Terms of Service
Performer Stuff Terms of Use Agreement
Last Updated: February 1, 2016
Introduction
This Terms of Use Agreement (hereinafter “Agreement”), the Performer Stuff Privacy Policy, and all policies posted on our Site www.performerstuff.com (hereinafter “Site”) set out the terms on which Performer Stuff offers users of the Site access to and use of our applications, products, and services (collectively "Services"). All policies and the Performer Stuff Privacy Policy are incorporated into this Terms of Use Agreement.
The entity you are contracting with is Performer Stuff, LLC, a Florida limited liability company (hereinafter “Performer Stuff”). The terms “we”, “us”, and “our” refer also to Performer Stuff. This Terms of Use Agreement is effective as of February 1, 2016.
We reserve the right to change the nature of this relationship at any time and to revise this Agreement from time to time as we see fit.  As such, you should check this Agreement periodically.
Your use of our Services constitutes your binding acceptance of this Agreement, including any modifications that we make.
Some of the Services may be subject to additional posted conditions (“Additional Terms”). Your use of those Services is subject to those Additional Terms, which are incorporated into this Agreement by reference. In the event of an inconsistency between this Agreement and any Additional Terms, the provisions of the Additional Terms shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our Site or any other Services for any reason;
4. Refuse, move, or remove any content that is available on all or any part of our Services;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our Services.
You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices from Performer Stuff.
You also agree to receive messages from our partners and understand that these communications are considered part of our Services. You may opt out of receiving these messages and may modify other email and messaging preferences across our Services. You also understand that our Services may include advertisements.
Using Our Services
1. Becoming A Member And Registering On The Site.
1.1. Accessing the Site.
THE SITE IS INTENDED FOR ACCESS AND USE BY INDIVIDUALS THIRTEEN (13) YEARS OF AGE AND OLDER. HOWEVER VERIFIABLE PARENTAL CONSENT IS REQUIRED FOR ALL INDIVIDUALS SEVENTEEN (17) YEARS OF AGE AND YOUNGER. BY ACCESSING AND USING THE SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR THAT YOU OBTAINED THE REQUISITE PARENTAL CONSENT FOR SUCH ACCESS.
1.2. A Special Notice to Minors.
IF YOU ARE SEVENTEEN (17) YEARS OLD OR YOUNGER, YOU UNDERSTAND THAT WE MAY NOT COLLECT, USE, OR DISCLOSE ANY PERSONAL OR PAYMENT PROCESSING INFORMATION FROM YOU WITHOUT FIRST OBTAINING VERIFIABLE CONSENT FROM A PARENT OR GUARDIAN, IN COMPLIANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”). YOU UNDERSTAND THAT WE MAY ASK YOU FOR ANY AND ALL INFORMATION ABOUT A PARENT OR GUARDIAN NECESSARY TO OBTAIN VERIFIABLE CONSENT UNDER COPPA, INCLUDING, BUT NOT LIMITED TO, A PARENT OR GUARDIAN’S NAME AND/OR EMAIL ADDRESS. YOU UNDERSTAND THAT A PARENT OR GUARDIAN MUST GIVE VERIFIABLE CONSENT, THROUGH ELECTRONIC-SIGNATURE OF A CONSENT FORM, EITHER DIRECTLY ON OUR SITE OR VIA EMAIL, BEFORE YOU CAN USE OUR SERVICES.
1.3. Becoming a Member.
Once you register with us as a member, we consider you a “member” of the Performer Stuff community. The terms “member,” “membership,” and “account” all refer to this registration as a member on Performer Stuff and across our Services. Your membership and password are only valid for your personal, non-commercial use of the Site and all other parts of our Services. If you are merely surfing or browsing through the Site and have not yet registered to become a member, your use of the site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site or any other part of our Services. Please review these Additional Terms as they also form a binding part of our agreement with you.
1.3.1. How Children use Performer Stuff Services. As stated in “A Special Note About COPPA and the Privacy of Minors” in the Performer Stuff Privacy Policy performerstuff.com/tos children seventeen years (17) or younger may obtain sub-accounts under the membership of a parent or guardian’s registered Performer Stuff account. No child seventeen (17) years or younger may use our Services until a parent or guardian creates such a sub-account.
1.3.2. Notification of Children’s Activities and/or Correspondence. In conjunction with a child’s use of a registered sub-account as described directly above, a member parent or guardian will be promptly notified whenever the child uses our Services, including, but not limited to, when the child uses our Services to directly message or otherwise communicate with a Performer Stuff member and/or Provider, as defined in Section 1.4 below; when the child uses our Services to facilitate the scheduling of a service appointment or purchasing of a product from any other Performer Stuff member and/or Provider; and when the child uses a parent or guardian’s authorized payment information with the Performer Stuff Payment System, as defined and referred to in Sections 2.2, 2.3, and 2.4 of this Agreement. All correspondence or other activity between a child’s sub-account and a Performer Stuff member and/or Provider shall be logged with the parent or guardian’s member account. Notification of such correspondence or activity will be provided to the parent or guardian’s registered email contact information in a copy-correspondence message. This feature cannot be revoked, altered, or otherwise removed from a child’s sub-account across our Services.
1.4. A Special Notice to Providers.
If you use or intend to use your Performer Stuff membership for the purpose of advertising, distributing, or otherwise offering to sell a product or service in a manner reasonably similar to that of a Provider or merchant, you understand and agree that we will consider you a “Provider.” As a Provider, you understand that you are bound to this Agreement in full and are subject to any provisions within that apply to a member’s use of our Services.
1.4.1. By using our Services as a Provider, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. You may only use our Services as a Provider for business purposes in the fifty states of the United States of America and the District of Columbia.
1.4.2. As a Provider, you agree to comply with the E-Commerce provisions of this Agreement (Section 2), and agree to pay all applicable Fees as outlined therein while using the Performer Stuff Payment System (see Sections 2.2 and 2.3 specifically).
1.5. Your Information.
1.5.1. When you register on the Site we may ask you to provide us with certain personal information about yourself including, without limitation, your name, address, telephone number, email or other electronic address and applicable billing information (e.g., credit card number and expiration date) (collectively, “Your Information”). Please review our Privacy Policy (performerstuff.com/tos) for clarification on how we may use Your Information and other information that you may provide or submit while using the Site and our Services. For your part, you agree that all Your Information that you provide to us or post on the Site is complete, accurate and up to date. You will notify us of any changes to Your Information. If you fail to update Your Information or if all or part of Your Information is (or appears to be) untrue, inaccurate, or incomplete we may suspend or terminate your membership and refuse any and all current or future use of our Site and Services, without refund to you of any fees paid.
1.5.2. Without limiting any of the foregoing, you are responsible for ensuring that the email address you submit to the Site as part of your registration and during the course of your membership is valid and that the services, software or systems you use to access your email (“Email Systems”) do not block or filter the Site. Please note that your work email may be subject to additional limitations placed on its use by your employer. We ask that you use your personal email address when registering as a member. If you choose to register with your work email, or use an email system that interferes with the delivery of the Site, we may not be able to provide you with certain Services.
1.5.3. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Your Information, IP address and traffic information, usage history, and Content you have posted on the Site. Our right to disclose any such information shall govern over any terms of our Privacy Policy (performerstuff.com/tos).
1.6. Your Password.
During the registration process you will provide a unique username and/or registration number. We will also ask you to create a password. Because any activities that occur under your registration number or password are your responsibility it is important for you to keep your username and/or registration number and password secure. Notify us immediately if you believe that someone has used your username, registration number, or password without your authorization.
1.7. General Conditions.
1.7.1. Performer Stuff is not a supplier of the products or services offered by any member using our Services or our Site. Performer Stuff shall not be responsible for injury, pain, loss or damages suffered by any member in connection with any of the products or services arranged for and used through our Services. Fraud and abuse relating to the selling, marketing, distributing, and rendering of any products or services offered on our Site may result in the cancellation of your membership. Members, who enter into agreements with Providers for any of the products or services featured on the Site, are customers of that Provider and shall direct any queries or complaints pertaining to such product or services to that Provider. Performer Stuff shall not in any way be responsible for dealing with such queries or complaints.
1.7.2. Performer Stuff is not liable if it is unable to perform its obligations under this Agreement, due directly or indirectly to the failure of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of the bank or its servants or agents. Performer Stuff shall not be responsible for any delay in the transmission to the bank of evidence of retail purchases by the participating merchants or any other third party. Performer Stuff reserves the right to vary, delete or add to any of these terms and conditions at any time at its discretion without notice. Performer Stuff’s decision on all matters relating to your use of the Services is final and binding on the member. All information is accurate at the time of printing or posting online.
2. E-Commerce.
2.1. Placing Orders.
After placing an order for a product or service offered by any Provider and/or member through the use of our Services, you authorize us to charge your account for our fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
2.2. Payment System.
The Performer Stuff Payment System (the “Payment System”) is operated by Braintree Payments, a division of PayPal, Inc. (“Braintree”) and information about Braintree can be accessed on its site www.braintreepayments.com. All payment transactions on Performer Stuff for a service or product facilitated through our Services are paid directly through the Payment System. Performer Stuff has no obligation to you regarding your participation in the Payment System. As a condition to your use of the Payment System, you agree to release, indemnify, defend and hold harmless Performer Stuff, its officers, directors, agents, affiliates and employees from and against any and all claims, demands, liabilities and damages, known and unknown, arising out of or in any way connected with the Payment System.
3. DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES.
3.1.1. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PERFORMER STUFF ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PERFORMER STUFF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
3.1.2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PERFORMER STUFF DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERFORMER STUFF DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PERFORMER STUFF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERFORMER STUFF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
3.1.3. 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 MIGHT HAVE ADDITIONAL RIGHTS.
3.2. LIABILITY WAIVER.
YOU ASSUME ALL ASSOCIATED RISKS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE ON THE PERFORMER STUFF SITE. PERFORMER STUFF ASSUMES NO RESPONSIBILITY OF ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH ANY PRODUCT OR SERVICE PURCHASED ON THE WESBITE. YOU MUST ADHERE TO ALL LOCAL, STATE, AND FEDERAL LAWS AND ORDINANCES DURING THE USE OF ANY PRODUCT OR SERVICE. DETERMINING THE NATURE OF THESE LAWS AND ORDINANCES IS YOUR RESPONSIBILITY. THE PLACEMENT OF AN ORDER IMPLIES THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE CONTENTS AND RESPONSIBILITIES OF THESE TERMS OF USE.
4. Termination and Cancellation.
You may terminate your registration at any time by contacting our Support Team. If you have a dispute with us relating to the Site or the Services, you may cancel your registration or cease use of the Site. The cancellation of your membership or ceasing all use of our Site is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within seventy-two (72) hours after we receive your request. If you have purchased a fee-based Service from us, any such termination or cancellation is subject to the refund policy described in the Additional Terms. From time to time certain members do not comply with the terms and conditions in the Agreement. If we determine, in our sole discretion, that you are not in compliance with the Agreement, we reserve the right to terminate your membership. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership and all related information and/or bar any further access to your membership or information.
5. Privacy.
Performer Stuff believes strongly in protecting the privacy of users of the Site or any other part of our Services. As such, we aim to provide you with notice of our collection and use of data, including personally identifying information collected from the Site. Therefore, Performer Stuff has adopted a Privacy Policy (performerstuff.com/tos), which is incorporated herein by reference, which you should read to fully understand how we collect and use information.
6. Copyright Infringement Policy.
6.1. In compliance with the Digital Millennium Copyright Act (“DMCA”), Performer Stuff has established the procedure outlined below to address alleged copyright infringement on the Site. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, you may provide Performer Stuff with notice of your complaint by providing Performer Stuff’s Designated Copyright Agent with the following information in writing:
6.1.1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf:
6.1.2. Identification of the copyrighted work that you claim has been infringed;
6.1.3. Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit Performer Stuff to locate the material;
6.1.4. Your name, address, telephone number, and email address;
6.1.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.1.6. A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6.2. To be effective, your notification must be in writing and include the above information. The name of Performer Stuff’s Designated Copyright Agent may be obtained by contacting the Performer Stuff Support Team. Performer Stuff, in its sole discretion, reserves the right to refuse additional Content from members who have posted allegedly infringing material, and/or delete the material, or to terminate such members’ accounts.
6.3. After receiving a notification, Performer Stuff will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), Performer Stuff will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Performer Stuff will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
6.4. If you are subject to a notification, you may provide us with a counter notification by providing our Designated Copyright Agent the following information in writing:
6.4.1. Your physical or electronic signature;
6.4.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
6.4.3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
6.4.4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Performer Stuff may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
6.5. Upon receipt of a proper counter notification under the DMCA (as set forth above), Performer Stuff will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days. Additionally, Performer Stuff will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless Performer Stuff’s Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
7. Indemnification.
You shall indemnify and hold harmless, and at Performer Stuff’s request defend, Performer Stuff, its parents, subsidiaries, and affiliates, as well as its respective directors, officers, shareholders, employees, agents and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Site, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this Agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
8. Choice of Law and Venue.
The Agreement, your access and use of the Site and Services and the relationship between you and Performer Stuff is governed by the laws of the State of Florida, without giving effect to its conflict of law provisions. Performer Stuff and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Florida. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, Performer Stuff shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Performer Stuff’s sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Copyright and Trademark Notice.
Site and its Contents Copyright (c) 2015 Performer Stuff, all rights reserved. The domain name www.performerstuff.com, and all the brands of other Performer Stuff Services shown herein are the trademarks or registered trademarks of Performer Stuff. Other trademarks belong to their respective owners.
10. Miscellaneous Terms.
Our relationship is not one of agency or partnership and neither you nor Performer Stuff shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site or our Services. You may not assign or transfer your rights to any third party. The terms and conditions in the Agreement are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If Performer Stuff fails to enforce any provision of the Agreement it shall not constitute a waiver of such provision. As stated above, the Agreement may be modified only by Performer Stuff posting changes to the Agreement on the Site. Each time you access the Site, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Agreement. This Agreement will inure to the benefit of Performer Stuff’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Agreement, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Agreement, the Additional Terms below, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Site and our Services, and they supersede any prior agreements, statements or representations with respect to the same.
11. RESERVATION OF RIGHT TO CHANGE TERMS, CONDITIONS, AND OTHER SERVICES.
We hereby reserve the right to change, amend or modify any and all terms, conditions, rules and regulations of any matter referenced herein at any time for any reason whatsoever.