Terms and Conditions

This agreement applies to the purchase of all services (collectively, the "Service") ordered by you or your parent or legal guardian from the Decibel Club. Decibel Club reserves the right to amend the Service and the terms of use of the Service, at any time, and to determine whether and when any such changes apply to both existing or future customers and reserves the right to terminate and/or assign the Service. This agreement including any other document or agreements specifically identified in this agreement, supercedes all previous representations, understandings or agreements.

Billing & Payment:

4 initial tickets is $50.00 per year All dollar amounts are in US funds. Acceptable forms of payment include credit card (Visa & Mastercard). No refunds will be offered after 10 days of joining or renewing a membership. If a member has requested tickets, ordered tickets, received tickets or has taken part in any contests, no refund will be offered for the membership.

Term:

This is a one-time purchase of tickets. The membership is free when this purchase is made.

Tickets:

Decibel Club makes no guarantees of availability of concert tickets available to Decibel Club members. Any available tickets will be made available on a first-come, first-serve basis, and Decibel Club does not warrant that tickets will be available for every concert date or for every Decibel Club. Tickets received or purchased through the Decibel Club are intended for personal use only by the member. Decibel Club strictly prohibits the resale of any tickets obtained through this site for more than the purchase price (if there is no dollar value printed on the ticket, receiving any money is violating the Terms & Conditions of the membership). If you are found to be, or we in good faith believe you are reselling, trading or brokering tickets for profit that you purchased/received through this site, we may at our sole discretion cancel your fan club membership. We may, at our sole discretion, cancel all or part of your ticket order and all or part of other pending orders in your name and/or put all or part of your orders and all or part of your other pending orders in your name at will-call for pick-up only by you. If we cancel your membership, you will not receive a refund for the membership fee. If we cancel your tickets, a refund of the total face value of the tickets minus a per ticket processing fee will be issued to the card used to place the order. No other service, processing or shipping fees charged at the time of purchase will be refunded. If tickets are placed at will-call, only the person whose name is on the order can pick them up. No will-call name changes will be allowed. We reserve the right to investigate, cancel, or will call all orders we in good faith suspect to be in violation of this policy. We reserve the right to cancel all memberships we in good faith suspect to be in violation of this policy. We are the final authority on the interpretation of the rules in this policy.

Ownership of Rights:

This Service and all the content offered through it, including, but not limited to, software, audio clips, video clips, other music and video files and everything else you see and hear through the Service (all of these things are commonly referred to as "Content") are owned exclusively by Decibel Club or others that have licensed their material to Decibel Club. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Service can't use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this agreement. You are authorized only to make personal, noncommercial use of the Content and the Service. All rights not expressly granted to you in this agreement are reserved by Decibel Club (and/or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on this Service are owned by Decibel Club or others that have licensed their use to Decibel Club. The Trademarks may not be used in any manner without the prior permission of the owners. Decibel Club (or its licensees as the case may be) own all rights in the Technology. The "Technology" means all rights under copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology and software used by Decibel Club in the operation of the Service. You will not gain any ownership or other rights in any Technology by reason of this agreement or otherwise. You understand that any unauthorized use of the Technology or Content would result in irreparable injury to Decibel Club for which money damages would be inadequate and in such event Decibel Club will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. Information we collect & how we may use it: DecibelClub.com & PromoWestLive.com may use any information you submit to us about yourself during your visit in order to provide you with the ultimate web experience, while keeping you up to date with the latest information about PromoWest and the site. Please note that your information is not shared with any other party, except as strictly necessary to process membership applications and merchandise orders, or as required by law. We understand your need to maintain your privacy when using the Internet. We may collect both personally identifiable (name, email, address, credit card information) and non-personally identifiable (gender, zip code, country, age) information. Personally identifiable information that we may collect may include credit card numbers, address and billing information, which will enable us to process and charge your credit card account for your fan club membership applications and/or merchandise orders. If you sign up on the mailing list, enter contests, or complete surveys we may request your contact information (name, email address, date of birth, zip code, gender, country and language preference, etc.). The mailing list is our newsletter that informs you of any events, upcoming shows, and important news. The contest information will be used to notify winners and be able to award prizes. We may use survey information that we gather to monitor and improve the website for our users. Otherwise, the only information that we may disclose to a third party vendor would be aggregate non-personal information, such as statistics and demographics. This may include demographic information (gender, general location, age, sales and traffic patterns), but this information is NEVER identifiable. We do not sell, trade, donate, or rent personal information...EVER! We may be forced to disclose personal information in response to legal matters or should the law require it. This would be an unlikely situation, but information could be requested due to a subpoena, court order, or law enforcement agency's request.

Children's Privacy:

This website is in compliance with the Children's Online Privacy Protection Act and does not collect use, or disclose the personal information of a child under the age of 13. If a child under the age of 13 registers on our site, we will not accept the registration and the information will be deleted immediately.

Acceptable Use Policy:

You shall at all times adhere to Decibel Club's Acceptable Use Policy, as amended from time to time by Decibel Club effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, Decibel Club may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this agreement in the event of notice of possible violation by you of the Acceptable Use Policy. In the event Decibel Club takes corrective action due to a violation of the Acceptable Use Policy, Decibel Club shall not refund to you any fees paid in advance of such corrective action. Only one membership is allowed per valid email address. Memberships may not be sold and/or transferred. If a member is found to be selling his/her membership, the membership(s) will be cancelled without a refund. Decibel Club may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to Decibel Club must comply with the rules appropriate for that other network and with Decibel Club rules. Use of Decibel Club itself may be for any lawful purpose. Connectivity is provided for you only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited, unless otherwise agreed upon.

If Decibel Club becomes aware that a customer is in violation of a law or of this Acceptable Use Policy Decibel Club reserves the right to terminate the users account, without notice, and without any liability to Decibel Club. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities. Decibel Club will address violations of Internet etiquette as stated in this Acceptable Use Policy, as may be amended from time to time, on a case-by-case basis.

Decibel Club reserves the right to modify this Acceptable Use Policy at any time, without notice and such modifications will become active when posted. Any decision made by Decibel Club concerning rules and/or rules violations will be final without litigation.

Cookies

Cookies are non-personally identifiable information, small pieces of information stored by your browser on your hard drive. They are not programs and cannot be used to read any data or files on your computer and it is unlikely that a cookie will cause a virus. They are used to make viewing our website easier by saving your preferences and password, so you don't have to re- enter it each time you visit our site. Cookies also enable us to gather the amount of times a user has visited our website and the pages that are viewed. We do this in order to better our website. This gives us information as to what is interesting on our site and drives traffic to it and what doesn't.

If you wish not to accept cookies, simply choose the "disable your cookies" option on your web browser, as most web browsers are automatically set up to accept cookies. Please keep in mind that this will erase any personalized preferences you have set up and it may be difficult to complete transactions, such as purchasing merchandise, renewing or signing up.

Network Security:

The following are strictly prohibited from the Decibel Club network:

  1. Attempting to circumvent user authentication or security of any host, network or account. This includes, without limitation, accessing data that is not intended for the member, or logging into a server or account the member is not expressly permitted to access.
  2. Attempting to force a denial of service of a host or network. This includes, without limitation, email bombing, packet spoofing and ping flooding.
  3. Performing any kind of network monitoring without explicit permission from Decibel Club. This includes, without limitation, probing the security of networks, or attempting to intercept data intended for another.

Limitation of Liability:

IN NO EVENT SHALL DECIBEL CLUB OR ITS RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Decibel Club's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Force Majeure:

Decibel Club shall not be liable for failure or delay in performing their obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service.

General:

Members are responsible for updating their information with the Decibel Club. This can be done at any time by clicking on the "Member Info" link after login. By joining, fan club members will receive monthly emails updating them on news, tour information and all fan club promotions. Email is the primary source by which we communicate with members and thus any member that does not want to receive email updates must opt-out by contacting us at info@decibelclub.com. All ticket & contest fulfillment is tracked by Decibel Club. The electronic tracking in our files is final. Actual Decibel Club member must pick up the prize or tickets held in his/her name. Some contests will be for members that are ages 21 and over only.

Amendment or Waiver:

Except as otherwise provided herein, this agreement may not be amended except with written notice from Decibel Club. No failure to exercise and no delay in exercising any right, remedy, or power hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Acceptance of services:

Acceptance of this agreement by Decibel Club may be subject, in decibel club's absolute discretion, to your satisfactory completion of a credit check. Activation of service shall indicate Decibel Club's acceptance of this agreement. Use of the Decibel Club's network constitutes acceptance of this agreement. You represent and warrant that you have full authority and right to enter into this agreement and that there are no conflicting claims relating to the rights granted by this agreement. Customer understands that with this purchase of a Decibel Club Package, he or she will receive a free membership to the Decibel Club, and as such is subject to the terms and conditions listed above.

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