Terms and Conditions of Service

These terms and conditions of service ("Terms") are a legal and binding agreement between you and PegWorks, INC ("ConcertAttack.com"). governing your use of this website, http://www.ConcertAttack.com .com ("Site"). Please review these terms fully before you continue to use the Site. By using the Site, you agree to be bound by these Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site, which also govern your use of the Site.

If you do not agree to these Terms, you are directed to discontinue using and accessing the Site. ConcertAttack.com reserves the right to change these Terms. If ConcertAttack.com does changes these terms you will be notified on your account homepage the day they have been changed. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were last updated on July 16th, 2008.

The Site (including its operating source code) is owned by ConcertAttack.com . All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer applications and codes ("Content") is owned or licensed (see section 5) by ConcertAttack.com .

Your access and use of the Site is at your risk. If you are dissatisfied with any of the Content contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Pursuant to the copyright and trademark laws of the United States, you agree:

1. That you may only download a single copy of any Content, to a single computer or mobile device, for personal and non-commercial use unless otherwise indicated.

2. Not to reproduce, distribute, modify, re-post on other websites or computer networks, or sell any Content owned by ConcertAttack.com without the express written consent of ConcertAttack.com (This does not apply to content you upload).

3. To maintain any and all copyright or other proprietary notices embedded in (or attached to) any ConcertAttack.com owned Content.

4. Not to frame or mirror any portion of the Site on any other website or computer network.

5. ConcertAttack.com does not claim any ownership rights to any materials (collectively, "Content") that you post to ConcertAttack.com. You agree that by posting or submitting any text, digital images and portfolios, or other materials to the Site, you grant ConcertAttack.com a non-exclusive, worldwide, royalty-free license for the worldwide use, and/or display of such materials, for the sole purpose of authorizing ConcertAttack.com to post such text or other materials on ConcertAttack.com and its FaceBook Application as long as you decide to keep such text or materials on ConcertAttack.com.

6. To assume full and sole responsibility for any postings you make to the Site.

7. Not to collect or use any information about other users of the Site.

8. Not to engage in data extraction or data-mining.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information to ConcertAttack.com's designated agent:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the site;

d. Your address, telephone number, and e-mail address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ConcertAttack.com .com' designated agent for of claims of copyright infringement on the Site is its President who can be reached as follows:

By e-mail:

The Site (and all Content posted on the Site) are provided to you "as is" and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

ConcertAttack.com .com Expressly disclaims all warranties, express or implied, of any kind with respect to goods and services sold on or through the Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that ConcertAttack.com .com's maximum liability arising from any use of the Site under any circumstances will be limited to the greater of (A) the amount of fees you paid to ConcertAttack.com during the twelve-month period immediately prior to the act (or omission) giving rise to the alleged liability, and (B) U.S. $100.00. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so ConcertAttack.com's limitation or exclusion may not apply to you.)

In no event will ConcertAttack.com or its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to any content, or any product or service sold on or through this site.

You acknowledge that due to the immediate nature of the Internet, ConcertAttack.com does not review, censor, approve, edit, or endorse information placed on the Site by its users. ConcertAttack.com cannot and does not guarantee that inappropriate material will not be posted. ConcertAttack.com will endeavor to review user postings from time to time, and will take steps to remove inappropriate postings that come to its attention.

The Site may provide links to other websites and resources. Because ConcertAttack.com has no control over such websites and resources, you acknowledge and agree that ConcertAttack.com is not responsible for the availability of such websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites and resources. You further acknowledge and agree that ConcertAttack.com shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.

All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the Site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by ConcertAttack.com to do so.

Conduct by any user that (in the sole judgment of ConcertAttack.com ) restricts or inhibits any other user from using or enjoying the Site will not be permitted. ConcertAttack.com reserves the right (in its sole discretion) to refuse access to the Site to any user for any reason (including a belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States).

Any attempt by any person to deliberately damage the site is a violation of criminal and civil laws. Should such an attempt be made, concertattack.com reserves the right to seek damages from any such person to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless ConcertAttack.com and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys' fees) resulting from any violation of these Terms. ConcertAttack.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with ConcertAttack.com in asserting any available defenses.

Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) shall be adjudicated exclusively in the federal or state courts located in (or having jurisdiction over) Nassau County, New York. This agreement, its validity and effect, shall be interpreted under and governed by the laws of New York, without regard to its conflict of laws provisions. Copyright claims shall be brought in a federal court located in (or having jurisdiction over) Nassau County, New York. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse ConcertAttack.com for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you.

These Terms (and any other operating rules or terms posted on the Site) constitute the entire agreement between ConcertAttack.com and you, and supersede all previous written or oral agreements between us. No action (or inaction) by ConcertAttack.com may be construed as a waiver of these Terms (or any part). If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.

Your access to and use of the Site, all Content, and all products and services of ConcertAttack.com (regardless of media) is subject to the terms, conditions, and disclaimers set forth below and from time to time throughout the Site, and to all applicable laws and regulations. In addition, ConcertAttack.com reserves the right to terminate access to the Site to any user for any reason, and to take any other actions that ConcertAttack.com , in its sole discretion, believes to be in its interests and those of its users. ConcertAttack.com reserves the right to modify these disclaimers, terms, and conditions of access and will notify you on your account homepage if changes have been made.

By your acceptance of these Terms and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with ConcertAttack.com (including your login and user profile).

Access to many pages on the Site is limited to registered users, who are issued user names and passwords. Use of any password-protected area of the Site is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to ConcertAttack.com resulting from the distribution of his (or her) password.

You are responsible for maintaining the confidentiality of your password. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to notify ConcertAttack.com immediately of any unauthorized use of your registration or password.

Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, ConcertAttack.com may terminate this license immediately at any time, at will and for the convenience of ConcertAttack.com . If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Site.

For any Content you submit ("Submissions") to ConcertAttack.com , including profile information, postings on online forums, and e-mail:

1. You warrant that you own the right to utilize, to license, and to sublicense the Content; and

2. None of the Submissions will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of ConcertAttack.com . ConcertAttack.com will not be liable for any use or disclosure of any Submissions.

ConcertAttack.com and the Site, and all Content contained on the Site, are protected by United States trademark and copyright law and other applicable laws, and are the property of ConcertAttack.com (except as expressly identified on the Site. See item 5 above.). All copyrights and trademarks not the property of ConcertAttack.com that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of ConcertAttack.com or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorized use of Content or other materials on the Site may violate the law, and will be a violation of these Terms.

You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by ConcertAttack.com in its sole discretion). Specifically, you agree not to:

1. Post or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities, or other unsolicited commercial communication.

2. Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including ConcertAttack.com .

3. Post or transmit any non-public information about companies.

4. Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.

5. Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market.

6. Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Site or any other computer network.

7. Print (or otherwise copy or use) any personally identifiable information about other users of the Site.

8. Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious code or program.

9. Express or imply that any statements you make are endorsed by ConcertAttack.com .

10. Restrict or inhibit any other user from using or accessing the Site, including "hacking" or defacing any portion of the Site.

11. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site.

12. Remove any copyright, trademark, or other proprietary rights notices contained in the Site.

13. Engage in any other activity deemed by ConcertAttack.com (in its sole discretion) to be in conflict with the spirit or intent of these Terms.

You understand that by accessing and using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.

Opinions and other statements expressed by users are theirs' alone, and are not opinions of ConcertAttack.com . Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by ConcertAttack.com . The Site may provide links to other web pages, websites, and various resources or locations on the Internet. ConcertAttack.com has no control over the information you access via such links, does not endorse that information, and is not to be responsible for it or for the consequences of your use of that information.

ConcertAttack.com does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the online forums or any other part of the Site, except that (i) ConcertAttack.com may consolidate and edit for clarity any Content posted to online forums, (ii) ConcertAttack.com may inform registered users of particular content, ask for their response, or ask them to host discussions, and (iii) ConcertAttack.com reserves the right to monitor the Site and to remove any information that ConcertAttack.com (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for ConcertAttack.com to monitor, screen, or edit Content on the Site in any way.

The Site is designed to permit you to share your ideas and opinions. Information on the Site is provided by ConcertAttack.com's staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with ConcertAttack.com . You acknowledge that a large volume of information is available on our Site and that people participating on the Site occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. ConcertAttack.com neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other utterance made or displayed on the Site by third parties. The opinions expressed on the Site reflect solely the opinions of the participants and may not reflect the opinions of ConcertAttack.com . ConcertAttack.com is not responsible for any errors or omissions in postings on the Site, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will ConcertAttack.com be liable for any loss or damage caused by your reliance on such information obtained through the Site or the online forums.

Some financial transactions conducted on this Site will be carried out using PayPal Website Payments Standard ("PayPal"). All payment options on this Site are those made available to you through PayPal, Inc. Deposits into your account will be done through PayPal. Withdrawals and redemptions that are removed from your account will be credited to you and available through PayPal. Be advised that ConcertAttack.com is not responsible for any transactions or dealings conducted through PayPal.

When you use this Site, ConcertAttack.com automatically tracks certain information about you. This information includes your domain name and IP address, your browser version, your operating system, the URL you came from, the pages you visit within the Site, and the URL to which you go upon leaving the Site. ConcertAttack.com uses this information, in an aggregate form only, to monitor the Site's performance, utilization of features and services, traffic trends, and browser version.

The Site has security measures in place to protect the loss, misuse, and alteration of the information under ConcertAttack.com's control. All information is stored on a secure server that is not accessible through the Internet.

"Cookies" are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communications and interaction with that website. ConcertAttack.com may use cookies to (i) customize your visitation experience, (ii) deliver Content consistent with your stated interests, (iii) provide you with custom-tailored Content, and (iv) to save your password (if you have registered with ConcertAttack.com ) so that you do not have to re-enter it each time that you visit the Site. By showing ConcertAttack.com how and when its users use the Site, cookies also help ConcertAttack.com ascertain which areas are popular and which are not. Many improvements and updates to the Site are based on data such as total number of visitors and pages viewed. Most browsers are initially set to accept cookies. You can, however, set your browser to refuse cookies.

ConcertAttack.com will never use cookies to retrieve information from your computer for purposes that are unrelated to the Site.

By using the Site, you consent to the collection and use of your information by ConcertAttack.com as described in these Terms.

PRIVACY POLICY

ConcertAttack.com does not use, sell, rent, or exchange your personal information without asking you first and when those opportunites are available to you on the Site, ConcertAttack.com will ask you via an opt-in mechanism on the Site.

Although ConcertAttack.com strives to protect the personal information and privacy of each user, ConcertAttack.com cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of World Wide Web Site on the Internet; (2) the limitation of security, privacy, and authentication measures and features in this Site; and (3) the risk that data or information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "impostering", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing unauthorized, damaging, or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient.

ConcertAttack.com is committed to the safety of children and to protecting the online privacy of children. Children under 18 may not purchase products on this Site. If a child under 18 nonetheless elects to purchase products on the Site, he (or she) should always ask a parent for permission before sending any personal or credit card information to the Site, or sending personal information to anyone online. ConcertAttack.com will not request or knowingly collect from a child any personal information about the child or child's family. ConcertAttack.com is not able to prohibit minors from visiting this Site. ConcertAttack.com relies on parents, guardians, and those responsible for supervising children under the age of 18 to decide whether this Site is appropriate for children to view.

ConcertAttack.com fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. ConcertAttack.com reserves the right to release information about users who ConcertAttack.com believes are in violation of these Terms. ConcertAttack.com also reserves the right to report to law enforcement agencies any activities that ConcertAttack.com believes to be unlawful.

Copyright © 2008 ConcertAttack.com , Inc. All materials contained in (and on) the Site (including but not limited to the Content), and the Site itself, are copyrighted materials belonging exclusively to ConcertAttack.com , and are protected by federal copyright law and international treaties. ConcertAttack.com enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.