Welcome to the Colbie Caillat Website (the "Site"), owned and operated by All Access Today
("we," "us," or "All Access Today"), the official site of Colbie Caillat (the "Artist"). The
following terms of use ("Terms") govern your use of the Site. BY USING OR VISITING THE
SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND TO FOLLOW
THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS IN YOUR USE
OF THE SITE. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME,
EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE. PLEASE CHECK THIS
PAGE OF THE SITE PERIODICALLY FOR SUCH CHANGES
User Conduct
User Content - We allow Users (as defined below) to make contributions to the Site ("User
Content") through chat rooms, bulletin board services, member profiles, and other means. By
submitting any User Content to the Site, you hereby grant us a perpetual, worldwide, non-
exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify,
distribute, have distributed and promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose. Furthermore, you thereby waive
any so-called moral rights or other similar rights in your User Content. You agree not to submit or
post any User Content that: (i) infringes the rights of a third party, including, without limitation,
copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous,
defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or
similar utilities or programs, (iv) is pornographic or sexually explicit, (v) does or may denigrate or
offend any ethnic, racial, gender, religious or other protected group, through use of language,
images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame
or abuse others, (vii) is used to impersonate or claim the identity, characteristics or qualifications
of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a
person or entity; (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or
encourages illegal activity or ix) is generally offensive or in bad taste. You agree that all of your
User Content, whether publicly posted or privately transmitted, is your sole responsibility. User
Content does not necessarily reflect our views or opinions. We shall not be liable to you or any
third party in any way for any User Content, including, but not limited to, for any errors or
omissions in any User Content, or for any loss or damage of any kind incurred as a result of the
use of any User Content posted, emailed, transmitted or otherwise made available via the Site.
We generally do not pre-screen, pre-edit or otherwise control User Content and we do not
assume responsibility to monitor the Site for inappropriate User Content. We do not warrant,
expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Site, you
assume this risk. However, we reserve the right, but have no obligation (i) to monitor interactions
between you and other users of the Site; (ii) to prevent you from submitting User Content that is
inconsistent with our standards, stated above; (iii) to edit, restrict or remove User Content for
any reason at any time; and (iv) to take any other action in good faith to restrict access to or the
availability of any User Content that we, or another user, may consider to be inconsistent with
the standards described above. If you discover this kind of User Content on the Site, please
notify us at support@allaccesstoday.com. Should we monitor User Content, we still will assume
no responsibility for any inappropriate User Content, or for the conduct of any user who submits
it, and or to remove inappropriate User Content form the Site. If we prevent your User Content
from being submitted, or edit, restrict, or remove it from the Site, you may not hold us
accountable under any circumstances.
Prohibited Activities
You agree to respect the rights of others and exercise good judgment. Without limitation, you
agree not to: (i) engage in unsolicited or unauthorized advertising or any other form of
solicitation, including, without limitation, "pyramid schemes" or the distribution of promotional
materials, "junk mail," "spam," or "chain letters," (ii) impersonate any person or entity or
misrepresent your affiliation with a person or entity, (iii) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any User Content transmitted through the Site, (iv)
make available, introduce into or direct to the Site any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment, (v)
interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site, (vi) violate
any applicable local, state, national or international law, rules or regulations, including, without
limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, (vii) "stalk" or otherwise harass another person, (viii)
"deep link" to any portion of the Site, (ix) collect or store personal data about other users, (x) use
any robot, spider, other automatic device, or manual process to monitor or copy our web pages or
the content contained thereon or for any other unauthorized purpose without our prior express
written permission, (xi) take any action that imposes an unreasonable or disproportionately large
load on our infrastructure, (xii) display any of the Site in a frame (or any of our content via in-line
links); (xiii) attempt to gain unauthorized access to any part of the Site including without
limitation, other accounts, computer systems or networks connected to the Site, through hacking,
password mining or any other means; (xiv) attempt to obtain any materials or information through
any means not intentionally made available through the Site; (xv) engage in any activity that
interferes with any third party's ability to use or enjoy the Site, (xvi) assist any third party in
engaging in any activity prohibited by these Terms, or (xvii) solicit personal information from,
harm or attempt to harm minors, in any way.
Commercial Use
You agree not to use the Site for any commercial purpose, such as conducting sales of tickets,
merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to
other sites for the purpose of selling tickets of any kind.
Tickets
We reserve the right to block access to or cancel a ticket order of any user that we believe, in our
sole and absolute discretion: (i) is or is associated with any ticket broker or scalper, (ii) is utilizing
automated means to process or place ticket orders, or (iii) whose ticket order exceeds the stated
limit. In serious cases, we reserve the right to cancel your membership for violating these policies
without refund.
Privacy
We will have the right to collect, share and use your information in accordance with our Privacy
Policy, which is incorporated by reference in these Terms.
Membership
WE, IN OUR SOLE ABSOLUTE DISCRETION, WILL HAVE THE RIGHT TO REFUSE
TO ALLOW YOU TO BECOME A MEMBER. ï For residents of the United States : THIS
SITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13 ï For all
other persons: THIS SITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE
AGE OF 18. YOU MUST COMPLY WITH THESE AGE LIMITS TO BECOME A
MEMBER. BY BECOMING A MEMBER, YOU REPRESENT AND WARRANT THAT IF
YOU ARE A RESIDENT OF THE UNITED STATES, YOU ARE AT LEAST 13 YEARS OF
AGE, AND IF YOU ARE NOT A RESIDENT OF THE UNITED STATES, THAT YOU ARE
AT LEAST 18 YEARS OF AGE. We do not accept any such registration from, or provide any
product or service to, any visitor who identifies himself or herself as being under the applicable
age limit.
Registration Obligations
If you wish to become a registered user of the Club (a "Member") or already set up an Account
and wish to use the "Message Board" Section of the Site, you must create a Member Account on
the Site through our online registration process. In doing so, you agree to: (i) provide true,
accurate, current and complete information about yourself as prompted by the Site's registration
process (such information being the "Registration Data") and (ii) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
Password and Security
Members will assign a password and an account upon completing the Site's registration process.
You are responsible for maintaining the confidentiality of the password and your account and are
fully responsible for all activities that occur under your password or account. You agree not to
share your user name and password with anyone else; each user should have his or her own
personal account and password. Unauthorized access through improper password use may result
in termination of the password owner's account and perhaps legal action as well. You agree to
notify us immediately of any unauthorized use of your password or account or any other breach
of security. Also, please ensure that you exit from your account at the end of each session. We
will not be liable to you or any third party for any loss or damage arising from your failure to
comply with these Terms of Use.
General Practices & Limits
You also acknowledge that All Access Today may establish general practices and limits
concerning use of the Site, including without limitation, limiting the maximum number of days
that message board postings or other uploaded content will be retained by the Site, the
maximum disk space that will be allotted on the Site servers on your behalf, the maximum length
of time that an IP address will be assigned for your use, the maximum throughput of traffic from
the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of
times (and the maximum duration for which) you may access the Site in a given period of time.
You agree that All Access Today and Artist have no responsibility or liability for the deletion, for
failure to store or to deliver any messages and other communications, for the modification or
malformation of data communications over the Site, or for other content maintained or
transmitted by the Site. You acknowledge that All Access Today reserves the right to log off
accounts that are, or disconnect a session that is, inactive for an extended period of time.
IP Address Ownership
We shall maintain and control ownership of all IP numbers and addresses that may be assigned to
you by us and we reserve, in our sole discretion, the right to change or remove any and all such
IP numbers and addresses.
CPU Usage
You agree that you shall not use excessive amounts of CPU processing on any of our servers.
Any violation of this policy may result in corrective action by us, in our sole discretion, including
disconnection or discontinuance of your membership, or termination of this Agreement.
Intellectual Property
Proprietary Rights - This Site is owned and operated by All Access Today. The contents of this
Site are protected by United States copyright and trademark law, international conventions and
other applicable laws. All materials contained in the Site are the copyrighted property of All
Access Today or its subsidiaries or affiliated companies and/or third-party licensors (unless in the
public domain). All trademarks, service marks, and trade names are proprietary to All Access
Today or its affiliates and/or third-party licensors. Unless expressly authorized by us, you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from materials or content available on the
Site. Notwithstanding the above, you may use the content and materials on the Site in the course
of your normal, personal, non-commercial use of the Site.
Intellectual Property Rights Policy
We respect the intellectual property rights of others, and we ask our users to do the same.
Without limiting any of its other rights and remedies under the Terms of Use, our policy is to
terminate access to the Site by repeat infringers of copyright. If you believe that your copyright,
trademark or other intellectual property rights have been infringed, please provide us with a
written notification that includes the following: 1. A physical or electronic signature of person
authorized to act on behalf of the owner of the right that is allegedly infringed; 2. Identification
of the copyrighted work claimed to have been infringed, or if multiple copyrighted works or
rights are covered by a single notification, a representative list of such works or rights; 3.
Identification of the material that is claimed to be infringing and information reasonably
sufficient to permit us to locate that material; 4. Information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good-faith belief that use of the material in the manner
complained of is not authorized by the rights owner, its agent, or the law; and 6. A statement that
the information in the notification is accurate and, under penalty of perjury, that you are the
copyright owner, or authorized to act on behalf of the copyright owner, of the work that is
allegedly infringed. Please direct all notifications to the Intellectual Property Rights Agent, who
may be reached as follows: All Access Today, 8140 N. Mopac Expressway, Building 4, Suite
140, Austin, TX 78759, support@allaccesstoday.com, 512-302-4000.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently,
any portion of the Site or the Membership with or without prior notice. You will not be entitled
to any compensation during service outages that are caused by our maintenance on the servers or
the technology that underlies Site. You agree that we will not be liable to you or to any third
party for any suspension, modification or discontinuance.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (i) you have the full power and authority to enter
into and perform under these Terms, (ii) your use of the Site will not infringe the copyright,
trademark, right of publicity or any other legal right of any third party, and (iii) you will comply
with all applicable laws and regulations in using the Site and in engaging in all other activities
arising from, relating to or connected with these Terms.
INDEMNITY
You agree to indemnify and hold harmless All Access Today and the Artist and the Artist's
management as well as their subsidiaries, affiliates, owners, associates, licensees, licensors,
officers, agents and other partners and employees (the "Indemnified Parties") from any claim,
demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys'
fees, incurred in connection with any suit or proceeding brought against any of the Indemnified
Parties arising out of your use of the Site or alleging facts or circumstances that could constitute a
breach of any provision of these Terms by you. If you are obligated to indemnify any of the
Indemnified Parties, such party will have the right, in its sole and exclusive discretion, to control
any action or proceeding and determine whether they wish to settle it, and if so, on what terms.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
Disclaimers YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ARTIST EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ARTIST
MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii)
THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY
ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
Links and Third-Party Services
ANY THIRD-PARTY LINKS, SERVICES, RESOURCES OR INFORMATION PROVIDED
ON OR MADE AVAILABLE THROUGH THE SITE ARE NOT CONTROLLED BY US.
ACCORDINGLY, WE DO NOT ENDORSE ANY SUCH LINKED SITES OR THE
INFORMATION, MATERIAL, PRODUCTS OR SERVICES CONTAINED ON OTHER
LINKED SITES, OR ACCESSIBLE THROUGH THEM. FURTHER, WE MAKE NO
WARRANTIES REGARDING SUCH THIRD-PARTY LINKS, SERVICES, RESOURCES
OR INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-
INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON
SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION. ACCESS AND
USE OF LINKED SITES, INCLUDING INFORMATION, MATERIAL, PRODUCTS AND
SERVICES ON LINKED SITES OR AVAILABLE THROUGH THEM, IS SOLELY AT
YOUR OWN RISK.
Exclusion of Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
Limitations on Liability
IN THE CASE OF A MEMBER, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO
YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR
CONNECTED WITH THE SITE OR THESE TERMS EXCEED THE ACTUAL DOLLAR
AMOUNT PAID BY YOU TO THE CLUB DURING THE 12-MONTH PERIOD PRIOR TO
THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION
AROSE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS
OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION IN
THE CASE OF A NON-MEMBER USER OF THE SITE, IN NO EVENT WILL OUR
AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER
ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS
EXCEED THE SUM OF THIRTY ($30) DOLLARS. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Force Majeure
We will not be liable to you or any third party for failure or delay in performing our obligations
hereunder if such failure or delay is due to circumstances beyond our reasonable control,
including, without limitation, acts of any governmental body, war, insurrection, sabotage,
computer viruses, terrorism, 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 Site.
Arbitration
You agree that any dispute arising out of or relating to these Terms or your use of the Site will be
submitted exclusively to confidential binding arbitration in Austin, TX. Arbitration under these
Terms will be conducted under the prevailing rules of the American Arbitration Association. The
arbitrator's award will be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms
will be joined to an arbitration involving any other party subject to these Terms, whether through
class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have
in any manner violated or threatened to violate the intellectual property rights of the Site, All
Access Today or Artist management, these persons or entities may seek injunctive or other
appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive
jurisdiction and venue in such courts.
Translations
As a convenience to our members, we have occasionally and in our sole discretion provided
versions of these Terms in languages other than English (each, a "Translation"). We have
attempted to make the Translations accurate, but we cannot be responsible in the event of any
errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in
meaning between a Translation and these Terms, these Terms in the English language shall govern
and be given precedence. Furthermore, we do not provide any customer service in any language
other than English, and cannot take responsibility for any problems or issues that may arise as a
result of this fact.
Access Outside the United States
Unless otherwise specified, the materials in this Site are presented solely for citizens and
residents of the United States and its territories, possessions, and protectorates. All Access
Today is controlled and operated from its United States offices in Austin . We make no
representation that materials on the Site are appropriate or available for use in any particular
location. Those who choose to access the Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. Software from this site
is further subject to United States export controls. No software from this site 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
software from this site, 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.
Miscellaneous
The Site is based in and operated from the United States of America. Information which you
send to us by email or which we gather from you when you visit our website is held and
processed in the United States of America. These Terms shall be binding upon and inure to our
benefit, and our successors, and assigns. You may not assign these Terms without our prior
written consent. These Terms contain the entire understanding of the parties regarding their
subject matter, and supersede all prior and contemporaneous agreements and understandings
between the parties regarding their subject matter. The Terms and the relationship between you
and us shall be governed by the laws of the State of New York and the United States of America
without regard to any conflict of law provisions. No failure or delay by a party in exercising any
right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or
unenforceability of any of these Terms shall not affect the validity or enforceability of any other
of these Terms, all of which shall remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the Terms are for convenience only and have no legal or
contractual effect.
Breach
If you become aware of any activity that may constitute a breach of these Terms, please notify us
at support@allaccesstoday.com . We will investigate your claim and may then take any action
that we, in our sole and exclusive discretion, deem appropriate.
Trademarks
All Access Today is the trademark of All Access Today LP. All rights reserved. All other
trademarks on the Site are the property of their respective owners.
Disclosures
The Club, and this Site, are operated by All Access Today, which is located at 8140 N. Mopac
Expressway, Building 4, Suite 140, Austin, TX 78759. If you are a California resident, you may
obtain this same information via email by requesting it by letter to the foregoing address with
your email address. Our refund policy is described above.