Terms of Service
Last Updated: February 13th, 2022. Welcome to Stang Productions LLC! We know as event
consumers you want our events to run safely and smoothly. We want the same thing. We’re excited you are here. Please read these Terms of Service (or Terms, as further described in Section 1.4) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Stang Productions LLC’s Events, or Services, you agree to comply with and be bound by these Terms, as applicable to you.
NOTE: IMPORTANT NOTICE: SECTION 9 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 9 VERY CAREFULLY.
1. Accepting These Terms
1.1 What's What. Stang Productions LLC products, events and offerings are available
a. online through various Stang Productions LLC properties including without limitation,
Online Community Groups, Online Event Platforms, Websites, E ("Site(s)");
b. off platform, including without limitation, Live Events, Conferences, Live Experiences;
c. through mobile applications, webpages, application programming interfaces, and
(a), (b), and (c) are collectively referred to as "Stang Productions LLC Properties" or our
"Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Stang Productions LLC in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content."
1.2 Who's Who. When these Terms use the term "You," we mean event consumers using our Services to experience our events. Merchants, Guilds and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your." When these Terms use the term "Stang Productions," "we," "us," or "our," that refers to Stang Productions, LLC and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
1.3 What Else. If you are an Merchant offering services or products, with paid item, our general policy’s are also applicable to you. These can be found at www.gostang.com. Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time as those will also be applicable to you. And, by agreeing to these Terms of Service, you acknowledge you have read the general policy applicable to all Users. We may sometimes provide you with services that are not described in these Terms of Service, or customized services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well.
1.4 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Stangs "Terms." These Terms are a legally binding agreement between you and Stang governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
2. Stang's Services and Role
2.1 What We Do. Stang Productions LLC organizes and creates live experiences ranging from (but not limited to), concerts, and festivals. We are a group of artists and creators that blend music, and magic, to create live experiences that are as diverse, as they are unique.
2.2 How We Fit In. Stang utilizes third parties for many different reasons. From ticketing, to onsite merchants, there is a small cities worth of third parties involved in event production. Stang brings all of them together to create live experiences.
3. Privacy and Consumer Information
3.1 We know your personal information is important to you and it is important to Stang too. Information provided to Stang by Users or collected by Stang through Stang Properties, is governed by our general policy.
3.2 If you are an Vendor, Contractor, Patron, or Merchant, you represent, warrant and agree that
(a) you will at all times comply with all applicable local, state, provincial, national and other
laws, rules and regulations with respect to information you collect from (or receive about)
consumers, and (b) you will at all times comply with any applicable policies posted on the
Services with respect to information you collect from (or receive about) consumers.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Stang decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Eventbrite.
4.2 Stang may terminate your right to use the Services at any time
a. if you violate or breach these Terms;
b. if you misuse or abuse the Services, or use the Services in a way not intended or
permitted by Stang; or
c. if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Eventbrite to legal liability. Stang may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Stangs sole discretion, failure to do so would materially prejudice you. You agree that Stang will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Stang, you may terminate your access to the Services and the general applicability of Terms by contacting us in writing.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Release and Indemnification
This is where you agree to cover Stang if you use the Service in a way that causes Stang to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release. You hereby agree to release Stang Productions LLC from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
5.2 Indemnification. You agree to defend, indemnify and hold Stang Productions LLC and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
a. your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
b. your use of the Services in violation of these Terms or other policies we post or make available;
c. your breach of any applicable local, state, provincial, national or other law, rule or
regulation or the rights of any third party;
d. Stang's collection and remission of taxes; and Stang will provide notice to you of any such Claim, provided that the failure or delay by Stang in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Stang may choose to handle the Claim ourselves, in which case you agree to cooperate with Stang in any way we request.
6. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise. To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Stang expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Stang makes no warranty that:
a. the Services (or any portion of the Services) will meet your requirements or expectations;
b. the Services will be uninterrupted, timely, secure, or error-free; or
c. the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Stang has limited controls over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event. Stang has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Stang requires to provide the Services, or that you choose to transact business with when using the Services. You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Stang and any person or entity associated with Stang provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for:
a. any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Stang has been advised of the possibility of such damages); or
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
8. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern. [email protected]
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 8 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 8(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
(e) No Class Actions.
YOU AND STANG PRODUCTIONS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Stang must be addressed to the following address ("Notice Address") and must be sent by certified mail: Stang Productions LLC., Attn: Legal Department, 135 S Fine Road, Linden, CA, 95236, USA. Notice to you will be addressed to a mailing, home or payment address currently on record with Stang and must be sent by certified mail. If Stang has no records
of such physical address, such notice may be delivered to your Stang bought ticket email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Stang and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Stang may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Section 8, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this
(h) Location of Arbitration Proceedings.
If you are a Consumer, any arbitration hearings will take place either in the California county of San Joaquin or by phone, except that is you are a Consumer whose residence is outside of the United States, the hearing will take place either in Lodi, California or by phone or videoconference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless Stang and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(i) Costs of Arbitration; Legal Fees.
i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Stang and the value of the relief sought is ten thousand dollars ($10,000) or less, then Stang will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Stang for all such cost and expenses that Stang paid and that you would have been obligated to pay under the AAA rules.
ii. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys' fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable attorneys' fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use). The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
(j) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and Stang agree that if Stang makes any future change to this arbitration provision (other than a change to the Notice Address) Stang will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability.
In the event that any provisions of this Section 8 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 8 will be null and void with respect to such dispute or claim and Section 15 will apply in lieu of this Section 8.
(l) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to [email protected] ARBITRATION AND CLASS ACTION WAIVER OPT-OUT, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Stang also will not be bound by them.
9. Your Rights to Submit a Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by emailing [email protected]
10. Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
11. Fees and Refunds.
11.1 Fees That We Charge. Tickets, Add-Ons, Food, Parking, VIP Experiences, Specialty
Experiences, “Meet and Greets”, necessary taxes, and convenience fee’s. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
11.2 Ticket Transfers. If you wish to transfer tickets to an event you have purchased with Stang, in some instances Stang may be able to accommodate this for you. Contact us at
11.3 Refunds. Because all transactions are for live experiences. No refunds will be granted for any reason whatsoever. All sales are final. If an event is cancelled, or postponed, we have the right to give you an “event credit” for entry to other events produced by us.
Notices to you may be sent via email or regular mail to the address in Stangs records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Eventbrite or deliver any notice, you can do so at Stang Productions LLC., Attn: Legal Department 135 S Fine Road, Linden, CA, 95236, USA or via email to [email protected]
13. Modifications to the Terms or Services Stang reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following
a. posting the changes through the Services;
b. updating the "Updated" date at the top of this page; or
c. sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Eventbrite may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Stang. Stang is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Stang reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
15. Entire Agreement.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Stang Productions LLC and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Stang on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Stang relating to a specified event or events.
16. Applicable Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Stang is based in Lodi, California, and any legal action against Stang related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Stockton. Thus, for any actions not subject to arbitration, you and Stang agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in San Joaquin County, California.