Terms
of Use
PLEASE READ THIS TERMS OF USE
AGREEMENT CAREFULLY BEFORE USING THIS SITE. Live Nation, 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:
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- 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
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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"):
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- 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 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.
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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.
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- 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.
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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.