| Last
Updated: April 11, 2008 Terms
of Use
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Live Nation Worldwide,
Inc. ("Live Nation," "we," "us") provides this website
and all site-related services (collectively, the "Site") subject to
your compliance with the terms and conditions set forth in this agreement (the
"Agreement"). This Agreement governs the relationship between Live Nation
and you, the Site visitor and/or member ("you", "your"), with
respect to your use of the Site. It is important that you read carefully and understand
the terms and conditions of this Agreement.
By using or attempting
to use the Site, you certify that you are a resident of the United States and
are at least 13 years of age or, if under the age of 13, you have the consent
of your parent or guardian (over the age of 18) to use the Site. If you do not
meet these requirements or, if for any reason, you do not agree with all of the
terms and conditions contained in this Agreement, please discontinue using the
Site immediately.
By using the Site, you agree to be bound by the terms
of this Agreement and any additional terms that govern certain products and services,
which will be presented in conjunction with those products and services ("Additional
Terms"). The Site may also provide rules of participation ("Rules")
for certain activities and services including, without limitation, contests and
sweepstakes, games, membership clubs and email. The Site's Additional Terms, Privacy
Policy and the Rules are hereby incorporated in this Agreement by reference. To
the extent that there is a conflict between this Agreement and Additional Terms
for the activity in which you choose to participate, the Additional Terms shall
govern. To the extent that there is a conflict between this Agreement and the
specific Rules for the activity in which you choose to participate, this Agreement
shall govern. This Agreement will remain in full force and effect as long as you
are a user of the Site and in the event of termination of any membership, service
or feature, you will still be bound by your obligations under this Agreement,
the Privacy Policy, any Additional Terms or Rules, including any indemnifications,
warranties and limitations of liability.
We reserve the right at any time
to: " Change the terms and conditions of this Agreement; " Change
the Site, including eliminating or discontinuing any content on or feature of
the Site; or " Change any fees or charges for use of the Site.
Any
changes we make will be effective immediately upon notice, which we may provide
by means including, without limitation, posting a revised version of this Agreement
on the Site. You can determine when this Agreement was last revised by referring
to the "Last Updated" legend at the top of this Agreement. Your continued
use of the Site after such notice will be deemed acceptance of such changes. Be
sure to return to this page periodically to ensure familiarity with the most current
version of this Agreement. Upon our request, you agree to sign a non-electronic
version of this Agreement.
1. Registration. Some areas of the Site
may require you to be or become a registered member of the Site. When and if you
register to become a member, you agree to (a) provide accurate, current and complete
information about yourself as prompted by our registration form (including your
email address) and (b) maintain and update your information (including your email
address) to keep it accurate, current and complete. Please read our Privacy Policy,
which describes the personally identifiable information we collect, use, disclose,
manage and store. You acknowledge that, if any information provided by you is
untrue, inaccurate, not current or incomplete, we reserve the right to terminate
this Agreement and your use of the Site.
As part of the registration process,
you will be asked to select a username and password. We may refuse to grant you
a username that impersonates someone else, is or may be illegal, is or may be
protected by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole discretion.
Your user name and password are personal to you. You will be responsible for the
confidentiality and use of your username and password, and for any and all activities
(including purchases, as applicable) that are conducted through your account,
and agree not to transfer or resell your use of or access to the Site to any third
party. We are not liable for any harm caused or related to the theft or misappropriation
of your user name or password, disclosure of your user name or password, or your
authorization of anyone else to use your user name or password. If you have reason
to believe that your account with us is no longer secure, you must promptly change
your password by visiting www.LiveNation.com and immediately notify us of the
problem by emailing us at privacy@livenation.com.
2.
Code of Conduct. In connection with Submissions (as defined below) and your
use of the Site, you agree that you will not (collectively, the "Codes of
Conduct"): " Restrict or inhibit any other visitor or member from
using the Site, including, without limitation, by means of "hacking"
or defacing any portion of the Site; " Use the Site or Materials for
any unlawful purpose; " Express or imply that any statements you make
are endorsed by us, without our prior written consent; " Transmit (a)
any content or information that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable, or infringes our or
any third party's intellectual property or other rights; (b) any material, non-public
information about companies without the authorization to do so; (c) any trade
secret of any third party; or (d) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or other unsolicited commercial communication
(except as otherwise expressly permitted by us), " Engage in spamming
or flooding; " Transmit any software or other materials that contain
any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items
of a destructive nature; " Modify, adapt, sub-license, translate, sell,
reverse engineer, decompile or disassemble any portion of the Site; "
Remove any copyright, trademark or other proprietary rights notices contained
in the Site; " "Frame" or "mirror" any part of the
Site without our prior written authorization; " Link to any page of or
content on the Site other than the URL located at http://www.livenation.com/;
" Use any robot, spider, offline reader, site search/retrieval application
or other manual or automatic device or process to retrieve, index, "data
mine" or in any way reproduce or circumvent the navigational structure or
presentation of the Site or its contents without our prior written consent. Notwithstanding
the foregoing, Live Nation grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of and solely
to the extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials. Live Nation reserves
the right to revoke these exceptions either generally or in specific cases; "
Harvest or collect information about Site visitors or members without their express
consent; " Take any action that imposes an unreasonable or disproportionately
large load on our infrastructure; " Access, reload or "refresh"
transactional event or ticketing pages, or make any other request to transactional
servers, more than once during any three-second interval; " Request more
than 1,000 pages of the Site in any twenty-four hour period, whether alone or
acting in concert with a group of individuals; or " Use any passcode
or password, regardless of whether or not such password or passcode is unique,
to participate in a presale or other offer on the Site if you are not the original
recipient of such passcode or password (i.e., if you did not receive the passcode
or password from Live Nation, or from the fan club or other organization with
whom Live Nation is working to enable such presale or offer) or if your participation
in such presale or other offer is inconsistent with such presale's or offer's
terms.
While using the Site, you agree to comply with all applicable laws,
rules and regulations.
3. Ownership and Restrictions on Use. The
information and materials provided on or through the Site, including any data,
text, designs, graphics, images, photographs, illustrations, audio and video clips,
logos, icons and links (collectively, the "Materials"), are intended
to educate and inform you about the events, venues and other products and services
offered or described on the Site. Subject to your compliance with the terms and
conditions of this Agreement, you may only download one (1) copy of any Materials
displayed on the Site, and you may use such downloaded Materials solely for your
personal, non-commercial use, provided that you retain all copyright and other
proprietary notices contained therein. Live Nation cannot guarantee that technical
difficulties will not occur during the download of the Materials or that the Materials
will download successfully. You may not engage in any unauthorized use, copying,
or distribution of any of the Materials. For example, you may not otherwise reproduce,
display, publicly perform, or distribute the Materials in any way for any public
or commercial purpose. You may not alter or modify any part of the Site other
than as may be reasonably necessary to use the Site for its intended purpose.
Modification or use of the Materials for any purpose other than as expressly authorized
in this Agreement is a violation of our copyright and other proprietary rights,
and is strictly prohibited.
The Site, including all Site software, databases,
proprietary information and Materials (and any intellectual property and other
rights relating thereto) including, without limitation, the selection, sequence
and "look and feel" and arrangement of items, is owned and operated
by Live Nation in conjunction with others pursuant to contractual arrangements,
and will remain the property of Live Nation and its licensors and suppliers. The
Site is protected by U.S. and international copyright, trademark and other laws,
and you acknowledge that these rights are valid and enforceable. You further acknowledge
that you do not acquire any ownership rights by using the Site or the Materials.
The
trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks")
are the registered and unregistered trademarks of Live Nation, Live Nation's licensors
and suppliers, and others. The Trademarks owned by Live Nation, whether registered
or unregistered, may not be used in connection with any product or service that
is not offered by Live Nation, in any manner that is likely to cause confusion
with customers, or in any manner that disparages Live Nation. Nothing contained
on the Site should be construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark without the express written permission
of Live Nation, Live Nation's licensors or suppliers, or the third party owner
of any such Trademark. Misuse of any Trademarks is prohibited, and Live Nation
will aggressively enforce its intellectual property rights in such Trademarks,
including via civil and criminal proceedings.
4. Making Purchases. If
you wish to purchase products or services described on the Site (each such purchase,
a "Transaction"), you will be asked by Live Nation or the third party
provider of the product or service to supply certain information applicable to
your Transaction, including, without limitation, credit card and other information.
You understand that any such information will be treated by Live Nation in the
manner described in our Privacy Policy, which can be found at www.LiveNation.com,
and which is hereby incorporated into this Agreement by this reference. You agree
that all information that you provide to Live Nation or such third party provider
will be accurate, current and complete. You agree to pay all charges incurred
by you or any users of your account and credit card (or other applicable payment
mechanism) at the price(s) in effect when such charges are incurred. You will
also be responsible for paying any applicable taxes relating to your purchases.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S)
OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information,
you grant Live Nation the right to provide such information to third parties for
purposes of facilitating the completion of Transactions initiated by you or on
your behalf. Verification of information may be required prior to the acknowledgment
or completion of any Transaction. Descriptions or images of, or references
to, products or services on the Site do not imply Live Nation's endorsement of
such products or services. We reserve the right, without prior notification, to
change such descriptions or references; to honor, or impose conditions on the
honoring of, any coupon, coupon code, promotional code or other similar promotions;
to bar any user from making any or all Transaction(s); to limit the order quantity
on any product or service; and/or to refuse to provide any user with any product
or service. Verification of information applicable to a purchase may be required
prior to Live Nation's acceptance of any order. Price and availability of any
product or service are subject to change without notice. Refunds and exchanges
will be subject to Live Nation's refund and exchange policies then in effect.
5. Information Provided by Live Nation. Although Live Nation strives
to provide Materials that are both useful and accurate, the nature of the data
and other information contained on the Site is subject to frequent change. In
addition, the facts and circumstances of every situation differ. Accordingly,
although Live Nation endeavors to use reasonable care in assembling the Materials,
the Materials may not be up-to-date, accurate or complete.
In addition,
portions of the Materials have been contributed to the Site by various artists,
athletes and other persons. The inclusion of such information does not indicate
any approval or endorsement thereof, and Live Nation expressly disclaims any liability
with respect to the foregoing.
6. Forums and Submissions. Please
note that we and our designees host message boards, blog feeds and other forums
found on the Site (collectively, the "Forums"), and you may have the
ability to provide or upload to Live Nation creative suggestions, ideas, notes,
concepts, information, content, audio recordings, videos, photographs, graphics,
artwork or other copyrighted works and materials (collectively, "Submissions").
By sending or transmitting Submissions to us, or by posting such Submissions to
any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive,
unlimited, transferable, sublicenseable (through multiple tiers), assignable,
royalty-free, irrevocable right and license to use, reproduce, distribute (through
multiple tiers), create derivative works of, publicly perform, display (publicly
or otherwise), store, digitally perform, publish (on the Site, on any other website(s),
in print, radio, television or elsewhere), make, have made, sell, offer for sale,
import and commercialize each Submission, or any portion thereof, in any manner
and context (including but not limited to usage in commercial, advertising or
promotional materials), now known or in the future discovered, in Live Nation's
sole discretion, in any way, in any and all media now known or hereinafter discovered,
without limitation and without any compensation or acknowledgment to you or any
third party. None of the Submissions will be subject to any obligation, whether
of confidentiality, attribution or otherwise, on our part and we will not be liable
for any use or disclosure of any Submissions. If Live Nation does decide, in its
sole discretion, to attribute a Submission to you, you hereby grant Live Nation
the right to use your member name with respect to such attribution, and waive
any claims (including, without limitation, any privacy or publicity rights claims)
with respect to such use of your member name.
You further acknowledge that
Live Nation (a) is under no obligation to post, display or otherwise use any Submission,
and (b) has no obligation whatsoever to pay you any royalty or other amounts on
any revenues or other consideration that Live Nation receives directly or indirectly
from the use or display of your Submission or otherwise from the exercise of Live
Nation's rights granted under this Agreement. You hereby agree not to instigate,
support, maintain, or authorize any action, claim, or lawsuit against Live Nation
or its owners/operators, affiliates, and/or licensors, or any other person, on
the grounds that any use of a Submission, or any derivative works thereof, infringe
any of your rights as creator of the Submission, including, without limitation,
trademark rights, copyrights, publicity rights, privacy rights, and moral rights
or "droit moral."
Information on our Forums may be provided by
our staff and other contributors, some of whom use anonymous screen names and
are people not otherwise connected with Live Nation. You acknowledge that a large
volume of information is available in our Forums and that people participating
in such Forums occasionally post messages or make statements, whether intentionally
or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene,
threatening, harassing or encourages any such conduct, or that otherwise violate
any of the Codes of Conduct, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against Live Nation
with respect thereto. We neither endorse nor are responsible for such messages
or statements, or for any opinion, advice, information or other utterance made
or displayed on the Site or Forums by third parties, whether such third parties
are visitors to the Site, members of the Live Nation community or others. The
opinions expressed in the Forums reflect solely the opinion(s) of the participants
and may not reflect the opinion(s) of Live Nation. We are not responsible for
any errors or omissions in articles or postings, for hyperlinks embedded in messages
or for any results obtained from the use of such information. Under no circumstances
will we or our affiliates, suppliers or agents be liable for any loss or damage
caused by your reliance on such information obtained through the Site. If notified
by a user of a Submission that allegedly does not conform to this Agreement, Live
Nation may in its sole discretion investigate the allegation and determine in
good faith and in its sole discretion whether to remove the Submission.
Subject
to the rights and licenses you grant to Live Nation under this Agreement, you
retain all rights to the ownership and use of your Submissions. By submitting
a Submission you certify that either (i) you are eighteen (18) years old or are
an emancipated minor and have the right to submit the Submission and grant the
licenses provided hereunder, or (ii) you have obtained your parent's or legal
guardian's express consent to submit the Submission and to grant the licenses
provided hereunder.
You shall be solely responsible for your own Submissions
and the consequences of posting or publishing them. In connection with Submissions,
you affirm, represent and/or warrant that: (i) you own, or have the necessary
licenses, rights, consents, and permissions to the Submissions and to grant the
rights and licenses to Live Nation under all patent, trademark, trade secret,
copyright or other proprietary or intellectual property rights in and to any and
all Submissions in the manner contemplated by the Site and this Agreement; and
(ii) you have the written consent, release, and/or permission of each and every
identifiable individual person in the Submission to use the name or likeness of
such person in the manner contemplated by the Site and this Agreement or, if such
persons are minors, the written consent, release, and/or permission of such minor's
parent or legal guardian.
We have no obligation to monitor the Site, the
Forums, or any Submissions that you or other third parties transmit or post on
the Site or the Forums. You acknowledge and agree that we have the right (but
not the obligation) to monitor the Site and the Forums and the Submissions that
you transmit or post; to alter or remove any such Submissions (including, without
limitation, any posting to a Forum); to disclose such Submissions and the circumstances
surrounding their transmission to any third party in order to operate the Site
properly; to protect ourselves, our sponsors and our members and visitors; and
to comply with legal obligations or governmental requests.
7. Links.
The Site contains links to other Internet websites, including affiliated websites
which may or may not be owned or operated by Live Nation. Live Nation has not
reviewed all of the websites that are linked to the Site, and Live Nation has
no control over such sites. Unless otherwise explicitly stated, Live Nation is
not responsible for the content of such websites, any updates or changes to such
sites, or the privacy or other practices of such sites, and the fact that Live
Nation offers such links does not indicate any approval or endorsement of any
material contained on any linked site. Live Nation is providing these links to
you only as a convenience. Accordingly, we strongly encourage you to become familiar
with the terms of use and practices of any linked site. Further, it is up to you
to take precautions to ensure that whatever links you select or software you download
(whether from the Site or other sites) is free of such items as viruses, worms,
Trojan horses, defects, date bombs, time bombs and other items of a destructive
nature.
YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES,
INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING,
PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES,
IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE
TO SUCH SITES AND RESOURCES.
8. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse
for copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that materials
hosted by Live Nation infringe your copyright (for example, materials posted by
Live Nation on one of our Forums), you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. The notice must include
the following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed; (b) identification of the copyrighted work claimed to have been infringed
(or if multiple copyrighted works located on the Site are covered by a single
notification, a representative list of such works); (c) identification of the
material that is claimed to be infringing or the subject of infringing activity,
and information reasonably sufficient to allow Live Nation to locate the material
on the Site; (d) the name, address, telephone number and email address (if available)
of the complaining party; (e) a statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and (f) a statement that the information
in the notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. Additionally, if you believe in good faith that a notice
of copyright infringement has been wrongly filed by Live Nation against you, the
DMCA permits you to send Live Nation a counter-notice.
Notices and counter-notices
must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/
for details. Notices and counter-notices with respect to the Site should be sent
to Ellie Schwimmer, Esq., Live Nation Worldwide, Inc., 9348 Civic Center Drive,
Beverly Hills, CA 90210, (310) 867-7000, ellieschwimmer@livenation.com.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under the DMCA.
9.
Access By Minors. Live Nation cannot prohibit minors from visiting this site.
Live Nation must rely on parents, guardians and those responsible for supervising
children under 13 to decide which materials are appropriate for such children
to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we
hereby notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors. Information identifying
current providers of such protections is available on the two websites GetNetWise
(http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).
Please note that Live Nation does not endorse any of the products or services
listed at such websites.
10. Access from Outside the United States. The
Site is solely directed to individuals residing in the United States. We make
no representation that Materials available on or through the Site are appropriate
or available for use in other locations. Those who choose to access the Site from
other locations do so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
We
reserve the right to limit the availability of the Site and/or the provision of
any service, program, film or other product described thereon to any person, geographic
area or jurisdiction, at any time and in our sole discretion, and to limit the
quantities of any such service, program, film or other product that we provide.
11.
Rules for Sweepstakes, Contests and Games. In addition to the terms and conditions
of this Agreement, any sweepstakes, contests, games or similar promotions (collectively,
"Promotions") made available through the Site may be governed by specific
rules that are separate from this Agreement. By participating in any such Promotion,
you will become subject to those rules, which may vary from the terms and conditions
set forth herein. Live Nation urges you to review any specific rules applicable
to a particular Promotion, which will be linked from such Promotion, and to review
our Privacy Policy which, in addition to this Agreement, governs any information
you submit in connection with such activities. To the extent that the terms and
conditions of such rules conflict with this Agreement, the terms and conditions
of such rules shall control with respect to the particular Promotion.
12.
Mobile Messaging. " Billing / Pricing: You will only receive Live
Nation text alerts when you request them by entering a mobile promotion, which
includes, without limitation, any contest, sweepstakes, or offer for products
sponsored by Live Nation or its affiliates. Standard/other text messaging rates
apply, according to your individual rate plan provided by your wireless carrier.
Check with your wireless carrier or review the terms of your wireless plan for
details. Under no circumstances will Live Nation, its parent or corporate affiliates
be responsible for any text messaging or wireless charges incurred by you or by
a person that has access to your wireless device or telephone number as a result
of a promotion.
" Supported Carriers: The following carriers are supported
for Live Nation text alerts: Alltel, Boost Mobile, AT&T Wireless, Cell One,
Sprint/Nextel, T-Mobile, US Cellular, Verizon Wireless, and Virgin Mobile. Pre-paid
phones or calling plans may not be supported. The foregoing carriers are supported
within the United States and may be supported in Canada.
" Frequency
of Messages: Depending on program, we anticipate that you may receive an average
of up to 2 text alerts per week. You may receive more alerts if the program is
surrounding a specific one time event or festival. Live Nation is CAN-SPAM compliant.
You can opt out of any future text alerts, if any, after receiving a text alert
by replying with the text "STOP" to such text alert or sending the text
"STOP" to the shortcode. If you text "STOP" to the shortcode,
you will not receive important text messages including advance notice of ticket
sales for any future events. We will make every attempt to remove your phone number
from the Live Nation text database as soon as possible, but please allow up to
seven (7) days. If your carrier does not permit text alerts, you may not receive
the Live Nation text alerts.
" Termination: You understand, acknowledge
and agree that Live Nation may, at its sole discretion and without liability to
you, terminate its offer of text alerts at any time without advance notice. Live
Nation may provide notices of termination or changes in services on this website.
13.
Termination. This Agreement shall remain effective until terminated in accordance
with its terms. We reserve the right to immediately terminate this Agreement,
and/or your access to and use of the Site or any portion thereof, at any time
and for any reason, with or without cause. Upon termination of this Agreement,
your right to use the Site shall immediately cease, and you shall destroy all
Materials obtained from the Site and all copies thereof, whether made under the
terms of this Agreement or otherwise. You agree that any termination of your access
to or use of the Site may be effected without prior notice, and that Live Nation
may immediately deactivate or delete your password and user name, and all related
information and files associated with it, and/or bar any further access to such
information or files. You agree that Live Nation shall not be liable to you or
any third party for any termination of your access to the Site or to any such
information or files, and shall not be required to make such information or files
available to you after any such termination. 14. Disclaimers. THE SITE, THE
MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIVE
NATION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS,
AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE
OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow
the exclusion of implied warranties, so the above exclusions may not apply to
you. LIVE NATION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS
AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE
OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON
WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE
THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER
HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES
RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF LIVE NATION OR ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS,
WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. LIVE NATION
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED
SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIVE NATION WILL NOT
BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED
THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The Site, Materials or
Forums could include inaccuracies or errors, or information or materials that
violate this Agreement (specifically, the Code of Conduct above). Additionally,
unauthorized alterations could be made by third parties to the Site, Materials
or Forums. Although we attempt to ensure the integrity of the Site, we make no
guarantees as to the Site's completeness or correctness. In the event that a situation
arises in which the Site's completeness or correctness is in question, please
contact us at privacy@livenation.com
with, if possible, a description of the material to be checked and the location
(URL) where such material can be found on the Site, as well as information sufficient
to enable us to contact you. We will try to address your concerns as soon as reasonably
practicable. For copyright infringement claims, see the section on "Claims
of Copyright Infringement," above.
15. Limitation of Liability.
NEITHER LIVE NATION NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS
OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS
CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH
THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT LIVE NATION SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I)
ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING
IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING
ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR
NOT ARISING FROM THE NEGLIGENCE OF LIVE NATION, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE
BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES
OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE
MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS,
OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING
THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF LIVE
NATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY
YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS
THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to
you.
16. Indemnification. You agree to indemnify, defend and hold
Live Nation, its parents, affiliates, licensors, suppliers, advertisers and sponsors,
and their respective directors, officers, employees, consultants, agents and other
representatives, harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys' fees) and other expenses that arise directly
or indirectly out of or from (a) your breach of this Agreement, including any
violation of the Code of Conduct, above; (b) any allegation that any Submissions
or other materials you submit to us or transmit to the Site infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual property
or other rights of any third party; and/or (c) your activities in connection with
the Site.
17. Investment Information. The information contained
on the Site may not be current and should not be used or relied on for any decision
to invest in, purchase, retain, sell or otherwise transfer the stock of Live Nation
or for any related purpose. Live Nation is a publicly held Delaware corporation
and files quarterly and annual reports with the United States Securities and Exchange
Commission in Washington, D.C. ("SEC"). Copies of the most recent reports
and other filings of Live Nation can be accessed through the SEC EDGAR system
located at www.sec.gov or may be obtained
at no charge from Live Nation.
18. Forward-Looking Statements. Statements
in any news release of Live Nation contained on the Site or communicated orally
or in writing that concern us or our management and that are not historical facts
are "Forward-Looking Statements." Forward-Looking Statements include,
without limitation, statements that (a) include the words "believes,"
"expects," "anticipates," "estimates" or words of
similar importance or meaning with reference to us or our management; (b) are
specifically identified as forward-looking; (c) describe any of our plans, objectives
or goals for future operations and products; or (d) concern the characteristics
and growth of our markets or customers or our expected liquidity and capital resources.
Forward-Looking Statements are only predictions involving important factors and
risks that may cause actual results to differ materially from those discussed
in any Forward-Looking Statement. Those important factors and risks include, without
limitation, economic, competitive, governmental and technological factors affecting
our operations, markets, products, services and prices. Important factors and
risks are described in the current Live Nation annual report filed with the SEC,
and may be detailed from time to time in additional reports and other filings
of Live Nation filed with the SEC. Copies of the most recent reports and other
filings of Live Nation can be accessed through the SEC EDGAR system located at
www.sec.gov or may be obtained at no charge from Live Nation. Live Nation expressly
disclaims any obligation or responsibility to update or revise or supplement any
Forward-Looking Statement in any news release or generally to any extent.
19.
Questions. The Site is provided by Live Nation Worldwide, Inc. If you have
any questions, comments or complaints regarding this Agreement or the Site, feel
free to contact us at 9348 Civic Center Drive, Beverly Hills, CA 90210, (310)
867-7000 or privacy@livenation.com.
20. Notice for California Users. Under California Civil Code Section
1789.3, California Site users are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted in writing at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.
21. Miscellaneous. This Agreement is governed
by and construed in accordance with the laws of the State of California, United
States of America, without regards to its principles of conflicts of law. You
agree to submit to the exclusive jurisdiction of any State or Federal court located
in the County of Los Angeles, California, United States of America, and waive
any jurisdictional, venue or inconvenient forum objections to such courts. If
any provision of this Agreement is found to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between us relating to the subject matter herein
and supersedes any and all prior or contemporaneous written or oral agreements
between us with respect to such subject matter. This Agreement is not assignable,
transferable or sublicenseable by you except with Live Nation's prior written
consent. Live Nation may freely assign or otherwise transfer this Agreement without
your consent. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
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