OnStage Terms of Service

Thank you for joining OnStage! By using the onstageportal.com web site ("Service"), which is a service of Chmura Economics & Analytics, LLC ("Chmura"), you agree to be bound by the following terms and conditions ("Terms of Service"), privacy policy, including any future amendments (collectively, the "Agreement"):

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SERVICE NOW AND REFRAIN FROM USING ANY MATERIAL THAT YOU MAY HAVE DOWNLOADED FROM THE SERVICE.

Chmura will attempt to notify you via the primary account holder's email address when major changes are made. However, Chmura reserves the right to update and change the Agreement with immediate effect without notice. Your continued use of the Service following the posting of any amendment will constitute your acceptance of that amendment. Any new features or services, including the release of new tools, shall be subject to the Terms of Service. Continued use of OnStage after any such changes will constitute your consent to such changes. The latest version of the OnStage Terms of Service is available at: http://www.OnStagePortal.com/help/tos.htm. The privacy policy is available at: http://www.OnStagePortal.com/help/privacy.htm. In the case of any conflict between the terms of these Terms of Service and the Privacy Policy, the Terms of Service shall prevail.

Violation of any of the terms in this Agreement may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Chmura reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

A. General Conditions

  1. OnStage is a web-based, team collaboration and project management tool from Chmura. It is available in both free version ("Free Version") and subscription version ("Subscription Version"). You understand and agree that the Free Version of the Service may include content-targeted ads or other related information, as further described below and in the OnStage Privacy Policy. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Chmura disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Furthermore, Chmura does not warrant that (i) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (ii) any errors in the Service will be corrected.
  2. Due to the Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must supply accurate identification, contact, and other information as required as part of the registration process.
  3. The account holder must provide complete and accurate contact information.
  4. Technical support is provided only to account holders and is available only via email.
  5. You understand that Chmura uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service without the express written permission of Chmura.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. You agree that Chmura may, but has no obligation to, remove information supplied by you ("Your Content"), and your account containing Your Content that Chmura determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party's intellectual property rights or these Terms of Service.
  9. Verbal, physical, written or other abuse (including threats of abuse or retribution) against any Chmura customer, employee, director, or officer will result in immediate account termination.
  10. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  11. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. If your bandwidth usage exceeds 2,000 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Chmura) of other OnStage customers, we reserve the right to immediately disable your account or throttle your file hosting until you reduce your bandwidth consumption.
  14. You expressly understand and agree that Chmura shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Chmura has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
  15. The failure of Chmura to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the Privacy Policy constitute the entire agreement between you and Chmura with respect to the Service and govern your use of the Service, superseding any prior agreements between you and Chmura with respect to the Service (including, but not limited to, any prior versions of the Terms of Service or the Privacy Policy).
  16. You obtain no ownership rights in or to the Service or Service Content, defined below, through this Agreement, and no other rights to utilize Service Content other than as expressly set forth in this Agreement.
  17. Questions about the Terms of Service should be sent to OnStageSupport at OnStagePortal dot com.

B. Content

  1. Except for Your Content and content provided by other users of the Service, the Service and the contents of the website, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the Service (collectively, "Service Content") are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights ("Intellectual Property Rights"), including, but not limited to copyright 2005-2007 Chmura Economics & Analytics, LLC - All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without the express written permission of Chmura.
  2. Chmura takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Chmura have any obligation to monitor such third party content. Chmura reserves the right at all times to remove or refuse to distribute any content on the Service, such as content that violates the terms of this Agreement.
  3. Chmura also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Chmura, its users and the public. Chmura will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

C. Termination; Cancellation

  1. This Agreement will be effective on the date you first use the Service and will continue until terminated.
  2. You may cancel your account at any time through the Account Admin screen located under the Admin tab in the main navigation bar. It is your sole responsibility to properly cancel your account. Chmura has no obligation to fulfill cancellation requests made outside the Service including but not limited to email, phone, or facsimile.
  3. Upon cancellation, all of Your Content will be immediately deleted from the Service. Although portions of Your Content may be retained for some period of time in Chmura backup sets, this information can not be recovered once your account is cancelled.
  4. Cancellation before the end of your current paid up month will take effect immediately.
  5. Chmura may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or Your Content contained in your account although residual copies of information may remain in our system.

D. Payments, Refunds

  1. A valid credit card is required to be presented for the Subscription Version of the Service. A credit card is not required for the Free Version of the Service.
  2. You will be billed for your first month immediately upon upgrading from the Free Version to any Subscription Version plan.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.
  5. Upon upgrading or downgrading your account, your credit card will automatically be charged the new rate starting with your next billing cycle.
  6. Downgrading your Service may cause the loss of Your Content, features, or capacity of your Account. Chmura does not accept any liability for such a loss.

E. Advertisements

  1. As consideration for using the Free Version of the Service, you agree that Chmura will display ads and other information adjacent to and related to the topic of Your Content. Chmura displays content-targeted ads using Google Adsense, an automated process to target dynamically changing content. No human will read Your Content in order to target such advertisements or other information without your consent. None of Your Content or other personally identifiable information will be provided to advertisers as part of the Service.
  2. When using the Free Version of the Service, you are not permitted to block ads.

F. Claims of Infringement

  1. Just as Chmura requires users of the Service to respect the copyrights and other intellectual property rights of Chmura, its Affiliates, and other third parties, Chmura respects the copyrights and other intellectual property rights of users of the Service and other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Service without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:
    Chmura Economics & Analytics, LLC
    Attn: Copyright Infringement Agent
    1309 E. Cary Street
    Richmond, VA 23219-4153
  2. Please provide the following information to Chmura's Copyright Infringement Agent:
    (a) the identity of the infringed work, and of the allegedly infringing work;
    (b) your name, address, daytime phone number, and E mail address, if available;
    (c) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
    (d) a statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
    (e) your electronic or physical signature.

Representation And Warranties

  1. You hereby represent, warrant, and covenant for the benefit of Chmura and its Affiliates that:
    (a) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement;
    (b) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; and
    (c) all information you provide to Chmura in connection with this Agreement and your access and use of the Services is correct and current.

Disclaimer And Limitation of Liability

  1. Disclaimer. THE SERVICE IS PROVIDED BY CHMURA "AS IS" and "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. NEITHER CHMURA NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SERVICE. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SERVICE. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, CHMURA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SERVICE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND CHMURA'S CONTROL MAY OCCUR FROM TIME TO TIME.
  2. Limitation. IN NO EVENT WILL CHMURA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO THE SERVICE OR USE OF THE SERVICES, EVEN IF CHMURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CHMURA'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $250.

Indemnification

  1. You hereby indemnify, defend, and hold harmless Chmura and its affiliates, employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from your accessing the Service or your breach of any term of this Agreement. Chmura will provide you with notice of any such claim or allegation, and Chmura will have the right to participate in the defense of any such claim at its expense.

Jurisdiction and Venue

  1. This Agreement will be governed by the laws of the Commonwealth of Virginia, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Richmond, Virginia. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys' fees and expenses from the other party.

Free Version Account Inactivity

  1. After a period of inactivity by you, Chmura reserves the right to disable or terminate a Free Version Account.