Live Music Loyalty Terms of Use
1. Introduction
Welcome to livemusicloyalty.com (“Site”), which is owned and operated by Live Music Loyalty LLC, a New Jersey limited liability company (“LML”, “we”, “us” or “Company”). By accessing or utilizing the Site, LML products and services, or any applications (including mobile applications) made available by LML (collectively referred to herein as the “Services”), however accessed, you (“User”, “you” or “your” or “concertgoer”) agree that you have read and agree to be bound by all the terms set forth in this Terms of Use (“Terms of Use” or “Agreement”).
The Company reserves the right, at any time, without prior notice, to modify, alter or update the Terms of Use. Such modifications, alterations or updates shall become effective immediately upon being posted on the Site. After modifications, alternations or updates are posted, your continued usage of the Services, will constitute your acknowledgement and acceptance of the modifications, alterations or updates. It is your responsibility to regularly review the Terms of Use. If there are any portions of the Terms of Use that you do not agree with, please do not continue to use any of the Services.
Because LML provides and will in the future provide a wide range of services, we may ask you from time to time to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with the use of this Agreement, the supplemental terms associated with the specific app, product or service govern with respect to your use of such app, product, or service to the extent of the conflict.
By using the Services, you are agreeing to these Terms of Use.
2. LML Platform Services
LML’s Services are intended for concertgoers to share their live music event experience with other music fans and view the live music event experiences of other concertgoers. LML also allows artists and venues to access data analytics, reports and other information regarding music fans (“Analytics”) in order to afford such music fans rewards and other perks. Moreover, advertisers and sponsors are afforded the ability to market and promote products, services and experiences to concertgoers.
Notwithstanding anything to the contrary herein, LML’s Services are not available in the European Union.
3. Eligibility and Account Registration
Use of the Services is limited to Users thirteen (13) years of age and older. By using the Services, you represent and warrant that: (a) you are thirteen (13) years of age or older, and (b) if you are a user between the ages of thirteen (13) and eighteen (18), you have the permission of a parent or legal guardian who has agreed to this Agreement on your behalf. Parental discretion is advised for all Users under the age of eighteen (18).
As a User of the Services, you agree to: (a) provide accurate and current information in your account (“account”) as prompted to you by LML; (b) maintain and monitor the confidentiality and security of your account, password, and account data; and (c) take full responsibility for all use of and any actions taken under your account. Please notify us immediately of any unauthorized use of your account or password. You are only permitted to create one account. If your account has been suspended or terminated, you may not open another account.
In addition, in connection with your use of the Services, you will be required to create a public profile. If you wish to remain anonymous, please do not use your real name or other information that could be used to identify you when selecting your public profile name. Additionally, when posting or using the Services (including photos, comments or other submissions), do not include your real name or any other information that could be used to identify you.
The creation of an account and public profile to utilize the Services is free of charge. By creating an account, you agree that the Company may send notices to you by e-mail at the email address you provide when you create your account, or a different e-mail address that you update in your account settings.
4. Privacy
The use of the Services is also governed by our Privacy Policy, which we encourage you to review.
5. Mobile Access
If you access the Services over a mobile device, or if you access LML’s mobile application, your mobile carrier’s normal fees may apply. LML does not charge for mobile access.
If you change or deactivate your mobile telephone number, you agree that you will promptly update your account information to ensure that your account is not accessed by any unauthorized persons.
6. Proprietary Content
All content (other than User Generated Content and Third Party Applications, Software or Content (as such terms are defined below), including licensed content) appearing in the Services (“Content”), including graphics, text, applications, pictures, videos, software, sound, information and any other files, including, without limitation, Analytics, are proprietary property of the Company.
No Content may be modified, distributed, copied (except as permitted by the next sentence of this paragraph), reproduced, published, displayed, posted, transmitted, or sold or licensed in any form or by any means, in whole or in part, without the Company's prior written consent. You are permitted to print copies Content for your own personal, noncommercial use, provided that you do not make any modifications to, or create any derivative works from, the Content, and that you keep all copyright or other proprietary notices intact. Any use of the Services and its Content other than as specifically authorized herein, without the prior written consent of the Company, is strictly prohibited and will terminate the license granted herein and subjects you to the possibility of prosecution.
7. Trademarks
Any trademarks, service marks and logos utilized and/or appearing in the Services are the property of the Company or other third parties, and may not be used by you without the owner’s prior written consent.
8. User Conduct
You agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other person or entity to) use the Services to:
• harvest or collect email addresses or other contact or personal information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services;
• use automated scripts to collect information from or otherwise interact with the Services;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available through your use of the Services any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information, passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity; and upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Company or its users to any harm or liability of any type.
9. User Generated Content
You are solely responsible for the photos, profiles, messages, notes, text, information, sound, video, and other content that you upload, publish or display (hereinafter "post") on or through the Services, or transmit to or share with other users (collectively the "User Generated Content"). You may not post, transmit, or share User Generated Content in any of the Services that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review and may delete or remove (without notice) any Content or User Generated Content in its sole discretion, for any reason or no reason, including User Generated Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety or privacy of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Generated Content you post or store on any of the Services or provide to the Company.
When you post User Generated Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Generated Content. By posting User Generated Content, you automatically grant, and you represent and warrant that you have the right to grant, to the Company 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 Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Generated Content from the Services at any time. If you choose to remove your User Generated Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Generated Content. The Company does not assert any ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
10. Third Party Websites and Content
The Services may contain links to other web sites ("Third Party Sites") as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Services or any Third Party Applications, Software, or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate or relating to any applications you use or install from any such site.
11. Copyright Complaints and Repeat Infringer Policy
We prohibit users from uploading, posting or otherwise transmitting any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement (as set forth below), we promptly remove or disable access to the allegedly infringing material and terminate the account of repeat infringers in accordance with the Digital Millenium Copyright Act (“DMCA”). In accordance with DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your own copyrighted work is accessible through your use of the Services in violation of your copyright, you may provide our designated agent with written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner´s behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on LML may be reached at the following address:
Live Music Loyalty LLC
Attn: Webmaster
P.O. Box 596
Asbury Park, NJ 07712
Or by email:
legal@livemusicloyalty.com
Upon receiving a proper written communication as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter notification procedure set forth in the DMCA, 17 U.S.C. § 512(g)(2) and (3).
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content is copyright infringing. Filing a false notification constitutes perjury.
12. Limitation of Liability
WE TRY TO KEEP THE SERVICES UP (OPERATIONAL), BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SERVICES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LML’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Indemnification
You agree to indemnify, defend and hold the Company and each of its managers, members, officers, agents, and employees (the “Company Parties”), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of, or in connection with, (a) your use of the Services; (b) your use of any material posted on, or available through, the Services; or (c) your violation of this Agreement. You also agree to indemnify and hold harmless the Company Parties as a result of any Content posted or made available by you, any violation of law that occurs by you through your use of the Services, and/or anything you do using the Services and/or the information contained therein. This means that if anyone brings a claim against us related to your actions, Content, or information made available through your use of the Services, you will be responsible for all damages, losses, and expenses of any kind (including reasonable legal fees and costs) incurred by us related to such claim.
14. Termination
The Company may terminate your account, subscription, delete your profile and any content or information that you have posted through your use of the Services and/or prohibit you from using or accessing the Services for any reason, or no reason, at any time in its sole discretion, with or without notice.
15. Applicable Laws
Your use of the Services shall be governed in all respects by the laws of the State of New Jersey, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Services shall be in the state or federal courts located in Monmouth County, New Jersey. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts of New Jersey, as may be applicable, and hereby waive any objection that you may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
16. Other General Provisions
You agree that the Terms of Use and other documents that are referred to herein (including, but not limited to, the Privacy Policy) are the complete agreement pertaining to the use of the Services and that this Agreement supersedes all prior or contemporaneous agreements or representations, written or oral. Notwithstanding the foregoing, if you enter into a separate agreement with the Company, then the terms and conditions set forth therein shall apply to the extent that there is a conflict with any term or condition set forth herein. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.