Last Updated: May 31, 2018
Users under the age of thirteen (13), and users under the age of sixteen (16) who reside in a country within the European Economic Area ("EEA"), who would like to participate in any of the Websites (a “Young User”), must have their parent or legal guardian (a “Parent Registered User) register to use the Websites, using the Parent Registered User's name, email, and credit card information, and consent to a Young Users use of the Websites. Parent Registered Users are responsible for updating the settings of and terminating their account and thereby use of the Websites by the applicable Young User.
If you are a Parent Registered User, you also agree that you are responsible for monitoring the account of your Young User as well as your Young User’s activities both on and off of the Websites, including monitoring who your Young User communicates with and meets both on and off the Websites.
If a parent or guardian believes that any Website has collected information of a child under the age of thirteen (13), or under the age of sixteen (16) if they reside in a country within the EEA, without proper consent, please contact StageAgent at email@example.com.
StageAgent.org offers you the option of creating a Teacher Account which allows you to access a teacher administration portal where you can create a profile, view lesson plans, create Groups, view reports, and create Passcodes for your students to join your Groups and access StageAgent Materials. Each individual student Passcode is unique and meant for one individual. It cannot be shared, resold or redistributed. If multiple users are found to be associated with a single Passcode, StageAgent reserves the right to terminate the Teacher Account and associated student Passcodes without refund. Teacher account holders are responsible for use of the Websites by their students.
Website Content and Paid Services.
The Websites contain content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, "Content") that is accessible by Users. The Websites may also offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas for Users to communicate with each other. The creation of a user account may be required for the use of certain portions of the Websites. In addition, certain contents and services of the Websites may only be accessed through purchase or paid subscription. We refer to the paid services available on or through the Websites as the "Paid Services". Content that is available to Users only through purchase or paid subscription is referred to collectively as the "Paid Services Content". Content may include facts, views, opinions and recommendations of individuals and organizations not affiliated with StageAgent. StageAgent does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations.
StageAgent owns, operates, licenses, controls, and provides access to the Websites. You acknowledge and agree that StageAgent, and its licensors, retain all right, title and interest in and to all past, present and future Content, excluding User Provided Content (as defined below), applications, software, content and materials provided on or through the Websites (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Websites, the compilation of all content and materials on the Websites, and the business process, procedures, methods and techniques used in the Websites) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
StageAgent, the StageAgent logo and the StageAgent for Schools logo, are the registered or common law or trademarks of Estage Enterprises, inc., and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Websites are the property of Estage Enterprises, inc. unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. StageAgent's intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages StageAgent. All rights are expressly reserved.
User Provided Content.
Portions of the Websites may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Websites ("User Provided Content"). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. For User Provided Content, StageAgent is merely hosting and providing access.
The decision to submit User Provided Content to the Websites is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of StageAgent, you agree to furnish StageAgent, with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.
StageAgent, cannot vouch for the validity, accuracy or credibility of any User Provided Content, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Websites. Through your use of the Websites you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. StageAgent does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Websites, you assume all associated risks, and StageAgent expressly disclaims any and all liability in connection with User Provided Content.
In addition, you grant to StageAgent, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that StageAgent may publish or otherwise disclose your name in connection with your User Provided Content.
Third Party Content and Linked Sites.
Third parties provide some of the Content of the Websites. StageAgent makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. StageAgent will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. StageAgent makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from StageAgent.
Descriptions of, or references to products, services or publications within the Websites do not imply endorsement by StageAgent of that product, service or publication. The Websites may include links to other sites that are not maintained by StageAgent. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. StageAgent is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. StageAgent shall have no liability for any loss or damage arising from your use of any such sites.
In addition to the foregoing, by subscribing to the Paid Services, StageAgent grants you a personal, limited non-exclusive, non-transferable and non-assignable license to access and use the Paid Services Content. You may not use the Paid Services Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by StageAgent, you agree not to re-transmit, disclose or distribute any Paid Services Content to any other person, organization or entity. You expressly agree that the Paid Services and Paid Services Content shall be used solely for your own benefit and that the Paid Services Content shall not be redistributed or republished by you. You understand and agree that the features of the Paid Services are subject to change without notice to you.
Restrictions on Use.
The Websites is provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:
Copyright Notices and Celebrity Material Infringement.
StageAgent takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Estage Enterprises, inc.
PO Box 1296
Palo Alto, CA 94301
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Websites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
Estage Enterprises, inc.
PO Box 1296
Palo Alto, CA 94301
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Right of Publicity
Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Websites and you don't have the celebrity's permission. StageAgent reserves the right to remove any Content contained in or posted to the Websites that StageAgent determines in its sole discretion does or may allegedly infringe another person's copyright, trademark, celebrity material or other rights.
Notices to StageAgent regarding any alleged infringement on the Websites should be directed to StageAgent's General Counsel's Office at firstname.lastname@example.org.
You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that StageAgent, in its sole discretion, deems inappropriate. You agree that any information that you provide to the Websites, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Websites, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Websites (including the Paid Services) using your name, user name or password in whole or in part.
Each User name permits one person to access the password-protected portion of the Websites (including the Paid Services), and you shall not share the user name and password with any third party. You shall be solely responsible for any and all use of the Websites, including without limitation, any and all charges incurred by a third party, under or using your user name and password.
You agree that any unauthorized use of the Websites (or any Content derived therefrom) by you or by anyone using your user name or password may result in immediate suspension or termination of your user account by StageAgent, in its sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the subscription process is true and accurate and agrees to update the information thereafter in the event of any changes. StageAgent reserves the right to terminate your access to and use of the Websites in the event that you provide any false information to StageAgent as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, you will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which StageAgent may be entitled.
Subscription Terms, Fees and Payments; Automatic Renewal and Cancellation.
StageAgent offers a month-to-month, quarterly (3 month) and annual (12 month) Pro subscriptions on StageAgent.com. For teachers using our StageAgent for Schools product (accessed on StageAgent.org), we offer an annual (12 month) to all Paid Services on StageAgent.org. The length of the subscription period is selected by you during the enrollment process.
All Subscriptions are Automatically Renewing.
When you initially subscribe to the Paid Services on StageAgent.com, your credit or debit card will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription period.
If you are a teacher who initially subscribes to a free trial for StageAgent for Schools on StageAgent.org, you will be not charged for the initial term of the free trial. Unless you notify StageAgent of your decision to terminate your subscription or, as applicable, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.
You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the "Billing Date"), which will be the corresponding monthly, quarterly or annual anniversary of the activation date of your subscription. If, however, the activation date of your subscription (or, as applicable, your free trial) is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Billing Date applies to the subscription period immediately following the Billing Date (e.g., a charge for a monthly subscription applies to the month immediately following the Billing Date). You understand that any applicable sales or use taxes will be payable by you, and may be included in each periodic statement.
StageAgent may, in its sole discretion, suspend access to your account or deactivate your account without notice to you if StageAgent is unable to process your payment or if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on StageAgent.com or StageAgent.org.
COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PAID SERVICES:
Opting Out Of Renewal.
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY UPDATING YOUR SUBSCRIPTION IN YOUR STAGEAGENT ACCOUNT SETTINGS OR BY EMAILING INFO@STAGEAGENT.COM. YOUR SUBSCRIPTION TO THE PAID SERVICES SHALL BE DEEMED TERMINATED ON THE LAST DAY OF THE THEN IN EFFECT SUBSCRIPTION PERIOD. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID.
YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT STAGEAGENT, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Unless you notify StageAgent of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release StageAgent from all liabilities and claims of loss resulting from any such error or discrepancy.
Fees Subject to Change.
StageAgent may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online at https://stageagent.com/signup. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must update your information through your account settings on StageAgent.com or StageAgent.org.
Cancellations and Refunds.
On StageAgent.com, you may cancel your subscription at any time via the Site through your account settings. Cancelling via your account settings will stop all future renewal charges and you will retain access to Paid Services until your subscription expires.
Monthly subscriptions are not eligible for a refund, but can be cancelled to prevent additional future charges. For all initial purchases of subscriptions longer than one month, you may cancel prior to renewal to prevent future renewal charges; or cancel during the first five (5) days after renewal to remain eligible for a full refund on the renewal payment. If the cancellation occurs after the first five days or if the charge was for a monthly subscription, you will not receive a refund. For all renewals of subscriptions longer than one month, you may cancel within five days of the renewal date and receive a full refund; cancellations made after this period are not eligible for a refund. Monthly subscriptions (both initial subscriptions and renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Websites until your subscription expires.
Refund requests may be made by filing a customer support ticket at https://help.stageagent.org, or by emailing email@example.com. Please include the full name and email address associated with the account. Your request must be received by end of business (5:00 p.m. Pacific Time) on the appropriate day as described above, or earlier. All refunds will be given to the original credit or debit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Note that we DO NOT offer a free trial for StageAgent Pro subscriptions.
In some cases, we might offer a free trial to teachers using StageAgent for Schools on StageAgent.org. Teachers who have been granted a free trial may cancel their trial via the Site through your subscription settings at any time during the free trial period and incur no charge. After the free trial is complete, you will be charged at the rate and schedule selected when you enrolled in the trial. Teachers using StageAgent.org may cancel their account via the Site through your subscription settings at any time during the free trial period and incur no charge. After the free trial is complete, you will be charged at the rate and schedule selected when you enrolled in the trial.
Equipment and Internet Access.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Websites (including the Paid Services). You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Websites (including the Paid Services) through an Internet access provider or other third-party service, including any applicable taxes.
No Oral Agreements or Modifications.
Recovery of Fees.
Limitation of Liability.
Incidental Damages and Aggregate Liability.
In no event will StageAgent and ITS AFFILIATES be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Websites, including without limitation damages related to any information received from the Websites, removal of content from the Websites, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Websites, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if StageAgent, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL STAGEAGENT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR, IF YOU HAVE NOT PAID STAGEAGENT FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-StageAgent Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STAGEAGENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Disclaimers of Warranty.
THE WEBSITES (INCLUDING THE PAID SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STAGEAGENT, AND EACH OF ITS AFFILIATES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF STAGEAGENT. STAGEAGENT MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (V) THE WEBSITES, NETWORKS OR SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF STAGEAGENT'S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. STAGEAGENT IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES (INCLUDING THE PAID SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITES.
Estage Enterprises, inc.
PO Box 1296
Palo Alto, CA 94301