SEAN BYERS

Your privacy and the protection of your personal information are important to us. This Privacy Policy sets forth how we protect your personal information and how your personal information is used by the Club. By purchasing tickets through this website, you are accepting these practices.

1. How Information is Protected: It is extremely important to us to protect the information you provide. Your information is protected by security measures in order to ensure that your information is not accessed by or disclosed to unauthorized parties. All credit card information is encrypted when your computer sends such information. Security software as well as the use of firewalls is used to protect all information. No security system can completely protect against all possible disclosure, but we take all measures required in order to protect your information.

2. Information Collected: Visitors of this website provide non-personal information (for example, your IP address, browser type, and date and time the site is accessed) containing information about your activities on the site, and when purchasing tickets, personal information that identifies you (including your name and e-mail address. Information from your computer is also collected and stored using “cookies.” A cookie is a small file stored on your computer that is linked to information about you. For example, when you sign in to your account on this site, cookies will be used to save your email address and name. The next time you visit your account from the same computer, the site will recognize your email address and name, which in turn makes for a better experience for you on the site by providing faster service. “Web beacons” may also be used, which track your use of the website in order to provide you with a more personalized experience when you visit the website in the future.

When you purchase tickets on the site, or enroll in any special programs that we may offer, financial information will be collected from you (which will include your name, billing address, credit card number and credit card expiration date).

From time to time we permit third party companies to display advertisements on our site. Those companies may use cookies and/or other tracking technology in order to collect information about those individuals who view their advertisements. We will not provide any personal information about you to these third parties.

3. How Information is Used: Information we collect may be used to: process payments for purchases; provide customer service, protect against fraud; send communications to you regarding your purchases and products and services that may be of interest to you; examine your interest in products and services; assist in the display of content tailored to your interest in certain products or services; and for any other purpose which we may describe and inform you of at the time the information is used.

4. Sharing of Information: Your personal information is not shared with any party, except as set forth in this paragraph, or unless we specifically inform you otherwise and provide you with an opportunity to opt out of our sharing of such information. We may share your personal information with: authorized service providers that are providing services on our behalf (such as credit card companies processing payments, delivery companies, customer service companies, etc.); affiliate companies that are owned by us or directly affiliated with us; direct mail partners providing e-mail or mail regarding events, good and services that may be of interest to you (provided that you may opt out if you prefer not to receive mailings from these providers by sending an e-mail to us by filling the "Contact Us" form.); business partners providing offers in which you choose to participate; venues and event providers of events you have purchased tickets to attend; other limited circumstances, such as compliance with a court order; the establishment of our legal rights; in connection with illegal activity; and in connection with any corporate transaction, such as a merger or sale of the company.

Non-personal information of our users may be aggregated and shared with third parties for general business purposes. No personal information will be provided when this non-personal information is disclosed.

5. Third Party Offers and Websites: The use of your information by any third party is governed by the privacy policy of that third party. Advertisements on our website, as well as other links may lead you to websites that are not owned or controlled by us. To learn more about the privacy policy of any third party, you should contact that third party directly and/or view their privacy policy on their website (if available).

6. Choices Regarding Your Personal Information: If you have provided personal information, you may request that your personal information be removed from our database at any time by contacting us by filling the "Contact Us" form. However, we may still retain certain information associated with your account for recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we think are necessary to protect the integrity of our website or to protect our users, or take other actions otherwise permitted by law. Please note that if we have already provided information about you to third parties (for example, if we’ve already sent your information to an event provider), or if you’ve given information to a third party (for example, by clicking on a website link taking you to a third party’s website, and you provided your contact information to that third party), retention of that information will be subject to those third parties’ policies. If you receive an unwanted email from a third party, you’ll have to opt-out from receiving further emails from that party itself.

7. Children’s Privacy: Our website is a general audience site and we do not knowingly collect personal information from children under the age of 13.

8. California Privacy Rights: If you are a California resident, you have the right to request information about how we share certain categories of personal information with third parties. California law gives you the right to send us a request at a designated address to receive the following information: 1. the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
2. the names and addresses of the third parties that received that information; and
3. if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

We may provide this information in a standard format that is not specific to you. The designated request is done by filling the "Contact Us" form.

9. Changes to Privacy Policy: This Privacy Policy is occasionally updated to reflect changes in our service and any changes in our privacy and security practices. When changes to this Privacy Policy are made, we will revise the date of the Privacy Policy. If any material change in the way we collect, use, and/or share your personal information is made, we will notify you by sending an e-mail to the e-mail address you most recently provided us, and/or by prominently posting notice of the changes on our website. We recommend that you check our website from time to time to remain updated as to any changes in our privacy or other policies.

10. Contacting Us: If you have any questions about this Privacy Policy, or if you would like to request information about our disclosure of personal information to third parties, please contact us by filling the "Contact Us" form.

The following are the Terms of Use that govern the use of this site (the “Site”) and the related sites for each Club (collectively, the “Sites”). These Terms of Use, including Funny Bone’s Privacy Policy, and any other policies, rules, or guidelines that may be applicable to particular offers or features on the Site are hereby incorporated by reference into these Terms of Use. By using or visiting the Sites, you expressly agree to be bound by these Terms of Use and to follow these Terms of Use and all applicable laws and regulations governing the Site. We reserve the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically.

1. Permitted Use: The software contained on the Sites, as well as all of its content, is the property of Funny Bone and/or its suppliers and is protected by U.S., and international copyright laws. You hereby agree that you are only authorized to visit, view and to retain a copy of pages of the Sites for your own personal use. You hereby agree not to duplicate, download, publish, modify or otherwise distribute the material on the Sites for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorized by Funny Bone to do so. These Terms of Use give you a non-exclusive license to copy the Sites for your own personal use only so long as you comply with all of the terms and conditions set forth herein. Any violation of these Terms of Use exceeds the scope of that license.

2. Information You Provide and Compliance with Laws: The sale and/or purchase of tickets to entertainment events may be regulated by certain federal, state, county and city laws and/or regulations. You hereby acknowledge and agree that complying with laws is your responsibility, and you hereby acknowledge and agree that you will not hold us liable for your failure to comply with any law or other regulation or our failure to notify you of any law or regulation. As outlined herein and the Privacy Policy, Funny Bone will comply with all law enforcement and may provide law enforcement agencies with all information submitted by you in order to assist in any investigation or prosecution they may conduct. You hereby represent and warrant that all information you provide, including but not limited to all personal information provided, including your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the Sites.

3. Privacy Policy: The privacy of our users if important to us. The Terms of Use contained herein are subject to our Privacy Policy. Funny Bone will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Funny Bone is allowed to disclose your contact information pursuant to the Privacy Policy.

4. Third Party Sites: You hereby understand and agree that we have no control over third party websites and the content contained on third party websites that may be linked to on our Sites and that we cannot guarantee that the content contained in those third party sites is accurate, legal and/or inoffensive or make any other representation or warranty about the content contained on those sites. By using our Sites to link to another site, you agree and understand that you may not make any claim against us for any damages or losses whatsoever or any other claim.

5. Unauthorized Use of the Sites: You hereby agree that you will not use any robot, spider or other automatic device, process or means to access the Sites. You agree that you will not use any robot, spider or other automatic or manual device, process or means to give yourself or others acting for your benefit or on your behalf the ability to navigate the Sites or purchase tickets on the Sites faster than users of the Sites who use a standard commercial browser and manually enter on their computers all information needed to navigate the Sites and purchase tickets. You agree that you will use no robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems used on the Sites. Nor shall you use any manual process to monitor or copy our Sites or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Sites nor shall you attempt to interfere with the proper working of the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Sites without the prior, express written permission of Funny Bone. Any illegal or unauthorized use of the Sites shall constitute a violation of these Terms of Use. You do not have permission to access the Sites in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Sites includes, but is not limited to, using any of the Sites to facilitate illegal ticket sales, unauthorized framing of or linking to the Sites, or unauthorized use of any robot, spider or other automated process on any of the Sites. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert) to request more than 1000 pages of any of the Sites in any twenty-four hour period (hereafter referred to as “Abusive Use”); (b) for any individual (or group of individuals acting in concert) to reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval; or (c) to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a pre-sale or other offer on any of the Sites if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from Funny Bone, or from an artist fan club or other organization with whom Funny Bone is working to enable such pre-sale or offer) or if your participation in such pre-sale or other offer is inconsistent with such pre-sale’s or offer’s terms.

6. Legal Remedies for Violations: Violations of these Terms of Use, including Unauthorized Use of the Sites, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Funny Bone’s sole discretion, and without prior notice, Funny Bone may block your access to the Sites or to Funny Bone’s other services, cancel your ticket order and/or tickets acquired through your ticket order, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts Funny Bone believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, or exercise any other remedy available, if Funny Bone believes that your conduct or the conduct of any person with whom Funny Bone believes you act in concert, or any resale of such tickets purchased through Funny Bone, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Funny Bone, a client of Funny Bone or another user of the Sites. Violating any limitations or terms on the Sites, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds any stated limit will be deemed to be a violation of these Terms of Use. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Sites. You agree that monetary damages may not provide a sufficient remedy to Funny Bone for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. You agree that Abusive Use of the Sites, as defined above, causes damage and harm to Funny Bone in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Sites. You further agree that monetary damages for Abusive Use of the Sites are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of any of the Sites in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect. Funny Bone is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms of Use or any of Funny Bone’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Sites at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Sites without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

7. License Terms: You have a non-exclusive, limited, revocable license to visit and use the Sites while you are in compliance with these Terms of Use, and all other conditions and limitations described for use of the Sites. Nothing in this license, or contained on the Sites, shall be construed as granting you any other rights or privileges of any kind with respect to the Sites or any content on any of the Sites.

8. Site Profile; Sharing of Your Content: By posting any information and/or content on any of the Sites, including content protected by intellectual property rights (including photos and videos) (collectively, “Content”), you represent and warrant that you own or control all of the Content, and you specifically give Funny Bone the following permission, subject to the Privacy Policy and your rights thereunder: you grant Funny Bone a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Sites (“Content License”). This License ends when you delete your content or your account/profile unless your content has been shared with others, and they have not deleted it. When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish Content on the site, others can access and use that information and content and may associate it with you (i.e., your name and profile picture).

9. U.S. Export Controls: The Sites and software derived from the Sites are further subject to United States export controls. No software from any of the Sites may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any of the Sites or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Release, Waiver And Limitation on Liability: As a condition of access to the Sites, you fully waive and release Funny Bone and Funny Bone’s shareholders, partners, affiliates, directors, officers, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Sites and any dispute you have or claim to have against Funny Bone and its affiliates or one or more users on the Site. You acknowledge that you may have or may in the future have claims against Funny Bone which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

11. Disclaimers: Funny Bone does not promise that the Sites will be error-free, uninterrupted, or that Funny Bone will provide specific results from use of the Sites or any content, search or link contained on any of the Sites. The Sites and their content are delivered on an “as-is” basis. Funny Bone cannot ensure that files you download from the Sites will be free of viruses or contamination or destructive features. Funny Bone disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Funny Bone will not be liable for any damages of any kind arising from the use of the Sites, including without limitation, direct, indirect, incidental, or punitive and consequential damages, or for travel expenses, lost profits, revenues or business opportunities, even if Funny Bone has been advised of the possibility of such damages. Funny Bone makes no guarantee of the availability of any tickets or of any specific result from use of the Sites or use of the Funny Bone service. Funny Bone disclaims any and all liability for the acts, omissions and conduct of any third party users, advertisers and/or sponsors on the Sites, in connection with the Funny Bone service or otherwise related to your use of the Sites and/or the Funny Bone service. Funny Bone is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with any activity at the venue. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included on any of the Sites to Funny Bone at the contact address listed at the end of these Terms of Use. Funny Bone may investigate the claim and take appropriate action, in its sole discretion.

12. Disputes: If you have a dispute regarding an event (or a ticket for an event), then the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions and you hereby consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Los Angeles County, California. If you have a dispute regarding any of the Sites but not regarding an event (and not regarding a ticket for an event), then the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions and you hereby consent to personal jurisdiction, and agree to bring all actions, exclusively in a state and federal court located in Los Angeles County, California.

13. Indemnity: You agree to indemnify and hold Funny Bone and its affiliates, and each of Funny Bone’s and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites, including also your use of the Sites to provide a link to another site or to upload content or other information to the Sites.

15. Patents: One or more patents apply to the Sites and to the features and services accessible via the Sites, including without limitation: USA Patent __________ ; and all corresponding foreign counterparts.

16: Contact Us: If you have any questions about these Terms of Use, please contact us by filling the "Contact Us" form.

January 1980

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