WELCOME TO thefactorystl.com!  TSG FACTORY STL, LLC, A MISSOURI LIMITED LIABILITY COMPANY DOING BUSINESS AS THE FACTORY AT THE DISTRICT (“The Factory at the District”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”).  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  By using our website or accessing the website through a mobile device application, you agree to these Terms of Use.  The Factory at the District reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT info@thefactorystl.com.

Please see The Factory at the District’s FAQs for a plain-language explanation about how The Factory at the District works and how a customer can place an order for tickets or other products.

IMPORTANT – READ CAREFULLY:  This is a legal agreement between you and The Factory at the District.  By clicking the “I accept the Terms of Use” button when you place an order for products or when redirected to third party ticketing service to purchase ticket(s), you agree to be and hereby are bound by the terms and conditions of these Terms of Use (hereafter “Terms”).  If you do not agree to these Terms, you cannot make a submission.

General Use Restrictions:  The Factory at the District or third parties granting rights to The Factory at the District hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of The Factory at the District or such third parties. The Factory at the District grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of The Factory at the District.In The Factory at the District’s efforts to promote good citizenship within the Internet community, if The Factory at the District becomes aware of inappropriate use of the website or any of its Services (defined below), The Factory at the District will respond in any way that, in its sole discretion, The Factory at the District deems appropriate.  You acknowledge that The Factory at the District will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.  When requested, The Factory at the District will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”).  You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post.  You understand and agree that The Factory at the District may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of The Factory at the District violates this provision, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to The Factory at the District.  You agree that under no circumstances will The Factory at the District be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to The Factory at the District.

When you post User Content to the website, you authorize and direct The Factory at the District to make such copies thereof as The Factory at the District deems necessary in order to facilitate the posting and storage of the User Content on the website.  By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to The Factory at the District an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  The Factory at the District reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the website.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Factory at the District all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Factory at the District or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person.  The Factory at the District does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.  The Factory at the District does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and The Factory at the District will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights.  The Factory at the District may terminate your access to the website if you are determined to be a repeat infringer.  A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice.  The Factory at the District also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  The Factory at the District may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at The Factory at the District’s sole discretion.

By visiting The Factory at the District’s website and/or purchasing products from us, you engage in our services (collectively “Services”) and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink.  These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of Content.

Online Purchase Terms:  By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given The Factory at the District your consent to allow any of your minor dependents to use this site.

You may neither use The Factory at the District’s products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature to The Factory at the District.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

All ticket and event access passes to The Factory at the District events or venues are purchased through third-party ticketing services.  The Factory at the District may provide links for you to purchase tickets or passes through such third-party ticketing services. Please carefully review any third-party ticketing services purchase policy or other applicable policy, which will govern your purchase of one or more tickets or passes, including lost or stolen tickets or passes, any refunds, rainchecks, cancellations for any reason or no reason, or exchanges. You agree that The Factory at the District neither has nor will have any direct or indirect liability or responsibility for any ticket or pass loss or theft, refunds, rainchecks, or exchanges caused by, or related to, event cancellations, postponements or rescheduling or for any loss or damage incurred as a result of any such event cancellations, postponements or rescheduling. All such refunds, rainchecks, or exchanges shall be governed by the third-party ticketing service’s purchase policy or other applicable policy. Please read and be aware of the third-party ticketing service or agency’s policies regarding purchases, lost or stolen tickets or passes, refunds, cancellations and rainchecks before you purchase your tickets and passes. Further, The Factory at the District will not be directly or indirectly liable or responsible to you for any loss or damage, and will not be deemed to have defaulted or breached these Terms, if there is any failure or delay in any third party ticketing service’s or agency’s obligations to you to sell tickets, provide you with a refund, exchange or raincheck, for any reason or no reason, including but not limited to local, state or national emergency, riots or risk of the safety of staff, patrons, artists, or any person involved in the event, epidemics, pandemic or outbreak of communicable disease, quarantine orders or any other cause, whether or not foreseeable or contemplated by The Factory at the District.

The third-party ticketing service through which you purchase event tickets and passes will control any lost or stolen tickets or passes, refund, raincheck, or exchange of the tickets and passes. Notwithstanding the management of refunds, rainchecks, or exchanges of tickets or passes, The Factory at the District reserves the right, in its sole discretion, to change, modify, and limit the capacity at its venue which might result in the cancellation of some or all of the tickets or passes pre-sold for an event, or cancel any event entirely, in its sole discretion, to respond to any and all health alerts, safety or other concerns, including but not limited to local, state or national emergency, riots or risk of the safety of staff, patrons, artists, or any person involved in the event, epidemics, pandemic or outbreak of communicable disease, quarantine orders or any other cause, whether or not foreseeable or contemplated by The Factory at the District. The Factory at the District is entitled to take any and all actions and steps it deems necessary to reduce or eliminate risk and protect the its personnel, fans, and all persons involved in the event.

Account Registration:  Use of this website might require you to provide certain registration details, payment or other information to create an account (“Account”).  You may view content on the website without registering, but as a condition of using certain aspects of the website, you might be required to register with The Factory at the District and select a screen name (“User ID”) and password.  You shall provide accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.  You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.  The Factory at the District reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website.  You shall never use another User account without the other User’s express permission.  You will immediately notify The Factory at the District in writing of any unauthorized use of your account, or other known account-related security breach. You agree that all information you provide to register an Account or otherwise is governed by The Factory at the District’s Privacy Policy.  The Factory at the District has the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Privacy:  The Factory at the District’s privacy commitment is available here.

Purchases from The Factory:  If you order products through this website or otherwise from The Factory at the District, your order of the products is an offer to purchase the products.  The Factory at the District accepts your offer by shipping the products to you. The Factory at the District may decline your offer for any reason, with or without notice to you.  The risk of loss and title for all products passes to you upon our delivery of the products to a common carrier, including, but not limited to DHL, FedEx, UPS, or USPS.  In the case of a return, you will retain title to any returned products and risk of loss of such products will remain with you until The Factory at the District has received the returned products and confirmed the products to be in their original condition as specified in these Terms.

Third Party Interaction and Links to Third Party Websites:  In your use of this website, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of this website.  Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  You agree that The Factory at the District has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

The Factory at the District does not endorse or warrant any third-party products or services or the political or personal views of any artist or personality performing at The Factory at the District by virtue of any advertisement, information, material or content.

This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by The Factory at the District.  Such links do not constitute an endorsement by The Factory at the District of any such websites. 

You acknowledge that The Factory at the District is providing these links to you only as a convenience, and you agree that The Factory at the District is not responsible for the content or links displayed on such websites to which you may be linked.  Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of tickets, products or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

You agree that The Factory at the District shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals.  If there is a dispute between participants on this website, or between users and any third-party, you understand and agree that The Factory at the District is under no obligation to become involved.  If you have a dispute with one or more users, you hereby release The Factory at the District from any and all liability associated with such dispute

Contests and Rewards:  In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the website may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. Rewards and prizes received from this website constitute taxable income for purposes of US federal and state income tax.  You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income.  By accepting any reward from this website, you agree to report and pay the taxes associated with such reward.  Any rewards and prizes will be based on availability. 

Intellectual Property:  Unless otherwise noted, this website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Contents”), are owned by The Factory at the District, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms permit you to use this website for your personal, non-commercial use only.  You may download or copy Contents from our website for your personal, non-commercial use only.  No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without The Factory at the District’s express written consent.  Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or of this website.  Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.

Digital Millennium Copyright Act Complaints: The Factory at the District respects the copyright rights of others, and we ask our advertisers and other third parties to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if you reasonably believe that any Material accessed using this website or mobile device application contains unauthorized reproductions of your copyrighted work or otherwise infringe an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (“DMCA”), you must promptly provide in writing the following information to our Designated Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address; (v) statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Designated Agent for The Factory at the District’s website and mobile device application is as follows:

TSG Factory, STL, LLC d/b/a The Factory at the District

Attn: Legal Department / DMCA Complaints

17105 North Outer 40 Road

Chesterfield, MO 63005

E-mail: info@thefactorystl.com

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY THE FACTORY AT THE DISTRICT NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.

User Comments, Feedback and Other Submissions:  If, at The Factory at the District’s request, you send certain specific submissions (for example contest entries) or, without a request from The Factory at the District, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that The Factory at the District may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide.  The Factory at the District is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

The Factory at the District may, but has no obligation to, monitor, edit or remove User Content that The Factory at the District determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead The Factory at the District or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  The Factory at the District takes no responsibility and assumes no liability for any comments posted by you or any third party.