Terms of Service
These Terms of Service (“Terms”) are our terms of service that governs our relationship with users of asembl. By using or accessing asembl (such service, together with Asembl Co., “asembl”, you agree to the following Terms, as updated from time to time as posted at http://asemblco.com/policies.html:
By using or accessing asembl, you agree to the following Terms, as updated from time to time as posted at http://asemblco.com/policies.html:
- If you download or use asembl, you agree that from time to time, you acknowledge and agree that the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- You will not collect information, or otherwise access asembl, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not develop or operate a third-party application without our consent.
- You will not use asembl to do or facilitate any unlawful activity or to engage in misleading, malicious, or discriminatory language or actions.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of asembl, such as a denial of service attack or interference with page rendering or other asembl functionality.
- You will not provide any false personal information on asembl, or create an account for anyone other than yourself without their permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use asembl if you are under 14.
- You will not use asembl if you are a convicted sex offender.
- You will not use our symbols without our consent and you will not infringe on the IP of others pursuant to your conduct on asembl.
- For content that is covered by intellectual property rights, like photos and videos (“IP”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP that you post on or in connection with asembl (an “IP License”). This IP License ends when you delete your IP or your account unless your content has been shown to others, and they have not deleted it.
- When you delete IP, 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.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on asembl.
- You will not facilitate or encourage any violations of these Terms or our policies.
- asembl is not the creator, organizer or owner of the events listed on asembl. The organizer of any event (each such person, an “Organizer”) is solely responsible for ensuring that any page displaying an event on asembl (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.
- In addition, we reserve the right to terminate your access to asembl at any time for any reason and with no explanation if we decide that your behavior on asembl is in any way detrimental to our goals and community.
- Because all ticketing transactions are between an organizer and its respective attendees, asembl asks that all users contact the applicable organizer of their event with any refund requests. Under no circumstances shall asembl be liable to any user with respect to any amounts paid in respect of any event listed on asembl (whether ticketed by asembl or otherwise). Any fees levied by asembl directly are non-refundable under any circumstances.
- Net revenue (after accounting for payment processor fees, application store commissions and any other applicable taxes or fees) derived from events on asembl, whether in the form of tickets sold, services fees, tips or otherwise, is divided 80% for the organizer of the event and 20% for asembl.
- By participating in any online event you acknowledge that audio and video of the show may be recorded or livestreamed and you grant the host of such event and asembl the irrevocable permission to utilize the footage and your voice and likeness as contained therein, in any way, throughout the universe in perpetuity, so long as the context is not changed to alter the meaning of the original interaction, or to imply an endorsement of any kind.
In addition to the foregoing, by using or accessing asembl you further agree that:
- Your continued use of asembl, following the posting of amended terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or asembl exclusively in the U.S. District Court for the Southern District of New York or a state court located in the County of New York, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New York will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on asembl, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on asembl and are not responsible for the content or information users transmit or share on asembl. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on asembl. We are not responsible for the conduct, whether online or offline, of any user of asembl.
- YOU USE ASEMBL AT YOUR OWN RISK. WE ARE PROVIDING ASEMBL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ASEMBL WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ASEMBL WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ASEMBL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ASEMBL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ASEMBL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ASEMBL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Users may provide links to other Internet websites or resources. Because asembl has no control over such websites and resources, you acknowledge and agree that asembl is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with asembl partners or third party service providers.
- These Terms is an agreement between you and Asembl Co.
- These Terms make up the entire agreement between the parties regarding asembl, and supersedes any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- While we welcome your feedback on asembl, you acknowledge and agree that by receiving it we assume no obligation to compensate you for implementing any of your suggestions or otherwise crediting you in any way.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing asembl.