Last Updated: December 15, 2008
HOB Entertainment, Inc., a Live Nation Worldwide, Inc. company
(“HOB,”“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
HOB 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 (i) 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, or (ii) you are not a resident of the United States and
are at least 18 years of age or, if under the age of 18, 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;
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Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
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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.
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.
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;
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Use the Site or Materials for
any unlawful purpose;
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Express or imply that any
statements you make are endorsed by us, without our prior written consent;
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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),
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Engage in spamming or flooding;
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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;
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Modify, adapt, sub-license,
translate, sell, reverse engineer, decompile or disassemble any portion of
the Site;
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Remove any copyright, trademark
or other proprietary rights notices contained in the Site;
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“Frame” or “mirror”
any part of the Site without our prior written authorization;
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Link to any page of or content
on the Site other than the URL located at http://www.livenation.com;
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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, HOB 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. HOB reserves the
right to revoke these exceptions either generally or in specific cases;
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Harvest or collect information
about Site visitors or members without their express consent;
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Take any action that imposes an
unreasonable or disproportionately large load on our infrastructure;
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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;
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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
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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 HOB, or from the fan club or other
organization with whom HOB 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
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. HOB 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 HOB
in conjunction with others pursuant to contractual arrangements, and will
remain the property of HOB 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 HOB, HOB's licensors and suppliers, and others. The Trademarks owned by HOB, whether
registered or unregistered, may not be used in connection with any product or
service that is not offered by HOB, in any manner that is likely to cause
confusion with customers, or in any manner that disparages HOB.
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 HOB, HOB's
licensors or suppliers, or the third party owner of any such Trademark.
Misuse of any Trademarks is prohibited,
and HOB will aggressively enforce its intellectual property rights in such
Trademarks, including via civil and criminal proceedings.
If you
wish to purchase products or services described on the Site (each such
purchase, a “Transaction”), you will be asked by HOB 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 HOB 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 HOB 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 HOB 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 HOB'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 HOB'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
HOB’s refund and exchange policies then in effect.
Although HOB 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 HOB 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 HOB expressly disclaims
any liability with respect to the foregoing.
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 HOB 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 HOB'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 HOB does decide, in its sole
discretion, to attribute a Submission to you, you hereby grant HOB 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 HOB (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 HOB
receives directly or indirectly from the use or display of your Submission or
otherwise from the exercise of HOB's rights granted under this Agreement. You hereby agree not to instigate,
support, maintain, or authorize any action, claim, or lawsuit against HOB 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 HOB. 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 HOB 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 HOB 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 HOB.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, HOB 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 HOB 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 HOB 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.
The Site contains links to other Internet websites, including affiliated websites
which may or may not be owned or operated by HOB. HOB has not reviewed all of the websites
that are linked to the Site, and HOB has no control over such sites. Unless otherwise explicitly stated, HOB
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 HOB
offers such links does not indicate any approval or endorsement of any material
contained on any linked site.HOB
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.
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 HOB infringe your copyright (for example, materials posted
by HOB 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 HOB 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 HOB
against you, the DMCA permits you to send HOB 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.
HOB cannot
prohibit minors from visiting this site. HOB 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 HOB does not endorse
any of the products or services listed at such websites.
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.
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.HOB
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.
- Billing /
Pricing: You
will only receive HOB text alerts when you request them by entering a mobile
promotion, which includes, without limitation, any contest, sweepstakes, or
offer for products sponsored by HOB 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 HOB, 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 HOB 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.HOB 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 HOB 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 HOB text alerts.
- Termination:
You understand, acknowledge and agree that HOB may, at its sole discretion and
without liability to you, terminate its offer of text alerts at any time
without advance notice. HOB may provide notices of termination or changes in
services on this website.
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 HOB 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 HOB 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.
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, HOB AND ITS PARENTS, 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.HOB AND ITS PARENTS, 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 HOB
OR ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL
CREATE ANY WARRANTY.HOB 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 HOB 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.
NEITHER HOB NOR ANY OF OUR PARENTS, 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 HOB 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 HOB, (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 HOB, 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.
You agree to indemnify, defend and hold HOB,
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.
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 HOB or for
any related purpose.HOB is a California
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 HOB can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at
no charge from HOB.
Statements in any news release of HOB
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 HOB annual report filed with the
SEC, and may be detailed from time to time in additional reports and other
filings of HOB filed with the SEC. Copies of the most recent reports and other
filings of HOB can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at
no charge from HOB.HOB 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.
The Site is provided by HOB
Entertainment, 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.
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.
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 HOB's prior
written consent.HOB 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.