Terms of Service
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Live Pass, LLC. , Event Producers, event organizers, and their affiliated companies relating to such risks.
You understand and agree that to use the Site you must be of legal age. If you use the Sites on behalf of any third party, you agree that you are an authorized representative of that third party and that your use of the Sites constitutes that third party’s acceptance of these Terms.
a. General. Live Pass, LLC. provides a marketplace for artists, venues, festival, and merchants (collectively, “Event Producers”) to offer Attendees services such as tickets and VIP packages (collectively, each a "Ticket") for live or streaming events as detailed below. In this regard, Live Pass, LLC. is an intermediary between Event Producers and Attendees and not an agent or broker of Event Producers. We cannot guaranty any number of purchases, the quality of the experience provided by an Event Producer, or the conduct of any User. We may make changes to the Services at any time, without notice to you. If you object to the changes, your sole recourse is to stop using the Site. Certain features of the Site may be subject to additional terms.
b. Event Producer Responsibilities.
i. Tickets. Event Producers must accurately describe the experience offered in any Ticket and by offering a Ticket, you, as the Event Producer, agree that you will provide the experience described in the Ticket. If you fail to provide such experience, you agree to indemnify us and reimburse us for any refunds that we need to issue or damages that we suffer due to your failure. If your event is postponed or rescheduled, you agree to provide the experience described in the Ticket at such reasonable later date. If you do not provide the experience, we will not remit any payments to you unless and until we are satisfied (in our discretion) that Attendees will be issued replacement Tickets or refunds. Event Producers must provide customer service to Attendees with respect to a Ticket and each Event Producer acknowledges that Live Pass, LLC. does not provide any customer service with respect to Tickets. Further, each Event Producer must furnish a working contact and support email address which will be displayed on Event Producer’s Live Pass, LLC. page.
ii. Event Producer Content and Communications. Event Producers are responsible for creating the images, words, graphics, recordings, and other content featured on their Live Pass, LLC. Event Producer page, communicated to their Attendees through communications, or performed or displayed as part of a streaming event or an On Demand viewing (collectively, the “Event Producer Content”).Event Producers are solely responsible for securing all permissions, licenses and approvals that may be required pursuant to your agreements with any third parties (e.g., record labels, managers, agents, etc.) for all Event Producer Content available on the Site and to perform a streaming event, to record a streaming event or to replay or display a recorded streaming event or any other recorded content through an On Demand viewing or otherwise. The Event Producer warrants and represents that it has all rights from any and all applicable record companies and music publishers to perform this agreement and shall indemnify Company in connection therewith. Attendees choose whether they want to receive marketing/exclusive content text messages and/or emails featuring Event Producer Content in connection with a Ticket (together, the “Event Producer Communications”). Event Producers must identify their outgoing Event Producer Communications as either administrative (i.e., transactional) or marketing/promotional and are responsible for the accuracy of such classification. Live Pass, LLC. is not responsible for Event Producer Content or Event Producer Communications, including any links or attached items therein. Each Event Producer agrees to indemnify, defend, and hold Live Pass, LLC. harmless for any liability or loss incurred by Live Pass, LLC. as a result of the Event Producer Content or Event Producer Communications, including without limitation for any claims brought by third parties. Each Attendee agrees that you will not sue, or attempt to hold Live Pass, LLC. responsible, for any Event Producer Content or Event Producer Communication.
iv. Live Event and VIP Package Production. Live Pass, LLC. takes no responsibility for the production of live events or activities related to VIP packages. Live Pass, LLC. may from time to time provide Event Producers with referrals or introductions to venues, production companies and other service providers for producing and holding live events and VIP activities, but such referrals do not constitute endorsements or recommendations by Live Pass, LLC. and it is the sole responsibility of Event Producers (A) for vetting all venues and organizations it retains to conduct events and VIP activities, and (B) to ensure that applicable COVID-19 safety laws and guidelines are being followed. For the purposes of these Terms, an event shall be considered a live event for in-person Attendees even if the event is primarily available through streaming.
c. Streaming Services and Internet Access. The ability to view a streaming event may be limited depending on your Internet provider, your device, and your browser type. Attendees are responsible for determining whether your Internet speed, device, and browser can support a streaming event and Live Pass, LLC. strongly suggests that you test your Internet speed, device, and browser before making a streaming ticket purchase.
3. Account Registration
a. General. You will not be required to register for an account to browse the Site as a general user. However, Users will be required to register for an Attendee account to use certain features of the Site, such as purchasing a Ticket, and for an Event Producer account to provide services through the Site, such as setting up Tickets. Event Producers may also purchase Tickets from other Event Producers, in which case the purchaser would be an “Attendee” for purposes of that particular transaction.
c. Account Credentials. By registering for an account, you agree that all information provided is accurate and complete. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account and your account username and password are personal to you and you may not transfer or sell access to your account or use another User's account without that User's permission. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
4. Attendee Purchases and Terms of Sale
a. General. Live Pass, LLC. is an events-based ticketing platform for Event Producers’ live and streaming events. Live Pass, LLC. does not control the services advertised or provided by the Event Producer and does not manage or fulfill the merchandise that an Event Producer might include as part of an order. While Live Pass, LLC. may collect information from Attendees with respect to merchandise (such as shipping and size information), the Event Producer is solely responsible for fulfillment of the merchandise orders and Live Pass, LLC. has no responsibility for the accuracy of any information collected, the shipping or fulfillment of the merchandise or with respect to the merchandise itself.
b. Pricing. Pricing is determined by an Event Producer with regard to each of their service offerings. However, the Live Pass, LLC. ticketing platform supports a minimum ticket price which is currently USD $3. Advertised prices do not include any shipping and handling fees, transaction fees, or any applicable taxes. Shipping and handling fees and taxes charged or collected by us will be added to your order and will appear as a separate charge on your order confirmation and receipt. All prices are in U.S. Dollars (unless otherwise stated). Applicable taxes shall be separately assessed as required by law at the time of checkout (unless otherwise stated in package details). If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that we have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection with those fees.
c. Method of Payment. Attendees agree to pay all charges incurred by you via payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. By providing us with your payment information, you agree that we and any of our third-party payment processors are authorized to immediately debit your account for all applicable fees and charges. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change our billing methods. All information that you provide to us or our third-party payment processors must be accurate, current and complete. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation: (i) if you attempt to use the Site in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Website in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
d. Billing Information Verification. Attendee orders are processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a Ticket order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your Ticket to another Attendee without further notice.
e. No Resale, Transfer, and Promotions. Purchases of both live-event and streaming Tickets are personal to each Attendee and the resale, transfer, or gifting of Tickets is expressly prohibited. Photo identification may be required at the time of redeeming a live-event Ticket. Tickets may not be used for advertising, promotions, contests, or sweepstakes unless formal written authorization is given by us.
f. Postponed or Rescheduled Events. If a live or streaming event is postponed or rescheduled, we will endeavor for the Ticket to be honored for the rescheduled event date. New Tickets will not be issued for most rescheduled events or postponements. We will not refund Attendees for postponed or rescheduled events. However, in the event that an Event Producer is unable to fulfill the Ticket that you purchased, the Event Producer will endeavor to provide an alternate date for the Ticket (which we may communicate to you on the Event Producer's behalf). If Event Producer cannot provide such an alternate date, you will be issued a refund (as outlined below). Note that the VIP and Door Times listed for your live-events are subject to change and you should always double check communications and event times with the venue. Changes to streaming event times will be communicated by Live Pass, LLC. on behalf of the Event Producer to the Attendee’s chosen communication method.
g. Refunds. As noted above, all sales are final and Tickets are non-refundable. Notwithstanding the foregoing, in the limited circumstances that we issue you a refund for a Ticket due to a canceled event (which we may do in our sole discretion), we will issue a refund of the Ticket face value paid excluding fees and taxes. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the Ticket you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by the Event Producer, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase the Ticket from the Site. Should you do so, your Tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future Ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
h. Addition Terms Applicable to Tickets.
i. Ticket Orders. Tickets are sold on a first come first served basis and while quantities last. It is each Attendee’s responsibility to check your order. If you do not receive a confirmation number (in the form of a confirmation page or email from Live Pass, LLC.) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Live Pass, LLC. is not responsible for losses (monetary or otherwise) for orders in which a confirmation is not generated.
ii. Live-Event Tickets Not Included in VIP Packages. By purchasing a VIP package, you are NOT purchasing tickets to the live event that is tied to the VIP package unless it is expressly stated otherwise. You must purchase tickets to the live event separately. If you fail to purchase such tickets, you will not be able to use the VIP package and you will not be issued a refund or be entitled to any other makeup date for such VIP package.
iii. Venue Changes. In the case that a live event is relocated to a different venue, we will endeavor to honor the Ticket for the new venue and a refund will not generally be given. Exact refund and exchange policies are determined on a show-by-show basis by the venues and performers.
iv. License and Ejection. A Ticket is a revocable license and we may refuse to honor it in certain circumstances. A Ticket may not redeemed for cash. Breach of terms or rules will terminate your license to redeem your Ticket without refund. For both live and streaming events, Event Producers reserve the right, without refund of any amount paid, to refuse admission to, eject, or refuse streaming service to any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with Event Producer rules. If you are denied admission to the event, ejected from an event, or refused streaming service, you will forfeit the Ticket and not be entitled to a refund.
v. Recording, Transmission and Exhibition at Live Events. You agree that with regard to live events, the Ticket is a public event and that your appearance and actions inside and outside the venue where the live event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct when redeeming a Ticket. You grant permission to us and the Event Producers to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the live event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You agree that you will not take pictures or make any video, audio or any other recording during the live event nor will you post any such recording to social media or make any such recording publicly available. If you violate these provisions, in addition to seeking monetary damages against you, we, or the Event Producer may seek an injunction against you to take down such recordings and you agree that such party will not have to post a bond to seek such an injunction.
vi. You Are Subject to Search at Live Events. You and your belongings may be searched on entry to the live event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the live event without refund or other compensation. For the underlying live event, you must comply with the venue or facility rules (including rules regarding entry). Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
vii. Additional Terms Applicable to Streaming Event Ticket Orders. Live Pass, LLC. is not liable for troubleshooting issues, Internet loading, or capacity issues if these cause Attendees to miss any part of the stream. Live Pass, LLC. does not assist with the production of the stream, or what is scheduled by the Event Producer as part of a streaming event, including merchandise included in a streaming Ticket, the length of a stream, and the ability to rewatch the stream at all or for any period of time after the livestream has taken place. For clarification, it is in the Event Producer’s sole discretion whether to leave a stream posted after the live streaming event has taken place and Live Pass, LLC. cannot guarantee that a stream will be made available for replay at all or for any particular period of time. Live Pass, LLC. is not liable for any issues on the Event Producer's end when streaming, the Event Producers team can only approve refunds if this issue arises. All sales are final on Live Pass, LLC. as mentioned in our FAQ and will not be waived without extensive documentation on the request.
Attendees may not photograph, film, or otherwise record streaming events and may not post any such photographs or recordings to social media or make any such recording publicly available without the Event Producer’s prior written permission in each instance. If you violate these provisions, in addition to seeking monetary damages against you, we, or the Event Producer may seek an injunction against you to take down such recordings and you agree that such party will not have to post a bond to seek such an injunction.
i. General. Live Pass, LLC. offers Event Producers the option to implement a donation feature with regard to a specific event, Ticket, or other service offering (the “Donation Services”). Charities are selected by the Event Producer in their sole discretion and Event Producers are responsible for vetting all organizations before utilizing the Donation Services. All information and content provided by Live Pass, LLC. relating to the Donation Services is for informational purposes only, and Live Pass, LLC. does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any campaigns, charities, donations, or any information or content relating to the Donation Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Donation Services is at your own risk.
ii. For Event Producers. Live Pass, LLC. has no control over your use of the Donation Services and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that the Donation Services will obtain a certain amount of donations or any donations at all. We do not endorse any charity, campaign, Event Producer, or cause and we make no guarantee, express or implied, that any information provided through the Donation Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any campaign through the Donation Services. You, as an Event Producer, must make the final determination as to the value and appropriateness of soliciting any User, campaign, or event through the Donation Services. If you choose to implement the Donation Services as an Event Producer, you will indemnify, defend, and hold Live Pass, LLC. harmless from and against any and all third-party claims arising from or relating to your use of the Donation Services, including your choice of receiving organization.
iii. For Donors. Live Pass, LLC. has no control over the conduct of, or any information provided by, an Event Producer with regard to the Donation Services and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. All donations are made at your own risk. When you make a donation through the Donation Services, it is your responsibility to understand how your money will be used. Live Pass, LLC. is not responsible for any offers, promises, rewards or promotions made or offered through the Donation Services. We do not and cannot verify the information that Event Producers or receiving organizations supply, nor do we represent or guarantee that the donations will be used in accordance with any fundraising purpose prescribed by an Event Producer or receiving organization or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that an Event Producer or receiving organization is not raising or using the funds for their stated purpose, please contact us at email@example.com
5. Ticket Pricing by Event Producers and Payments to Event Producers
Tickets. Event Producers set the pricing for each of your Tickets, although we may make suggestions or temporarily suspend your Ticket offering if we feel that it was priced in error. We will collect a fifteen percent (15%) transaction fee for each Ticket purchase (the Attendee will pay this amount and we will retain it and you shall have no right to any such amounts). After deduction of our transaction fee, we will deduct all applicable payment processing fees. After such fees are deducted, we will remit all of the revenues to you reasonably promptly following the event date (assuming that you fulfilled your obligations with respect to the Ticket).
6. Site Code of Conduct & Acceptable Use Policy
You agree that you will comply with all applicable laws, rules and regulations, including without limitation, laws relating to criminal conduct, privacy, intellectual property, export controls, and taxes, and that with regard to the Site and our Services you will not:
(a) Engage in any illegal, vulgar or harassing activity;
(b) Restrict or inhibit any other person from using the Site;
(c) Use the Site for any unlawful purpose;
(d) Express or imply that any statements you make are endorsed by us, without our prior written consent;
(e) Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
(f) Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
(g) Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(h) Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(i) Engage in spamming or flooding;
(j) Harvest or collect information about Site users;
(k) As an Event Producer, offer live-event Tickets that do not comply with venue or event space at which they are to take place;
(l) As an Attendee, order a number of Tickets for an event that exceeds the stated limit for that event;
(m) As an Attendee, use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
(n) Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services (other than the offering of Tickets by Event Producers as permitted herein).
Live Pass, LLC. may refuse access to the Site or our Services if we believe a User has violated the Code of Conduct or any other provision of these Terms in our sole and absolute discretion.
7. Ownership of Content and Grant of Conditional License to use the Site
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all Tickets obtained from the Site, (collectively, the "Content") are owned by us or our licensors. Our licensors include Event Producers with regard to the Event Producer Content that they own and license to Live Pass, LLC. for the purpose of displaying a streaming or on demand Package to Attendees hereunder. Aside from the Event Producer Content and User Content, we own a copyright and, in some instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant Users a personal, limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable revocable license subject to the limitations below to view this Site and the Content, and to use the Site as an Attendee and/or Event Producer as otherwise permitted herein only if, as a condition precedent, you agree that you will not:
(a) Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
(b) Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
(c) Link to any portion of the Site other than the URL assigned to the home page of the Site;
(d) "Frame" or "mirror" any part of the Site;
(e) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
(f) Remove any copyright, trademark or other proprietary rights notices contained on the Site;
(g) Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may 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. We may revoke this exception at any time and require removal of archived materials gathered in the past;
(h) Use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
(i) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(j) Access, reload or refresh transactional event pages, or make any other request to transactional servers, more than once during any three-second interval;
(k) Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
(l) Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
(m) Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
(n) Reproduce or scan Tickets in a format or medium different from that provided by the Site;
(o) Decode, decrypt, modify, or reverse engineer any Tickets or underlying algorithms or barcodes used on or in production of Tickets or the Site;
(p) Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
8. Claims of Copyright Infringement on the Site
a. Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
b. Repeat Infringement Policy
If you are found to be a repeat copyright infringer and we receive multiple DMCA or other copyright infringement notices regarding content that you upload to the Site, you agree that we may take actions to prevent future infringement, such as:
Blocking your account from future content uploads
Terminating your account and access to the Site
Putting your email address on a banned list
Prohibiting you and anyone using your email address, IP address, or other identifying information from reopening your account or opening a new account
9. Term and Termination
These Terms begin on the date that you begin using the Site and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms. We reserve the right to terminate or suspend a User account or access to the Site at any time and for any reason, including your violation of these Terms as determined in our sole and absolute discretion. Whether you are an Event Producer or an Attendee, if we terminate or suspend your account, you will have no further access to your account or anything associated with it and the conditional license granted to you hereunder shall immediately cease. We will not have any liability to you for any suspension or termination of your account, including with regard to any deletion of Event Producer Content, Event Producer Communications, or other User Content. All provisions of these Terms which by their nature should survive, shall so survive the termination, including without limitation, ownership provisions, disclaimers of warranties, limitations of liability, and indemnities.
11. Third Party Links
11. Access from Outside the United States
We operate the Site from our offices in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time.
12. Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, stalking a Customer or someone else associated with Live Pass, LLC., or otherwise interfering with activities associated with a Ticket, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any Tickets sold or offered through the Site. We may refuse to honor pending and future offers made from all accounts we believe may be associated with you, or cancel a Ticket order associated with any person we believe to be acting with you, or exercise any other remedy available to us.
13. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTY THE QUALITY OR STANDARD OF ANY OF THE TICKETS OR OTHER GOODS AND SERVICES THAT WE MAY OFFER THROUGH THE SITE FROM TIME TO TIME. YOU ARE TAKING THE RISK THAT THE EVENT PRODUCERS MAY NOT PROVIDE THE LEVEL OF INTERACTION THAT YOU WERE ANTICIPATING OR THAT THE TICKET OR OTHER GOOD OR SERVICE PURCHASED DOES NOT MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING EVENT PRODUCERS, AND YOU RELEASE US 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 SETTLEMENT WITH THE DEBTOR.
14. Limitation of Liability
Nothing in these Terms shall affect your legal rights as a consumer or exclude or limit any liability that cannot legally be excluded or limited.
IN NO EVENT WILL WE OR OUR SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY TICKET PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODE OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT A LIVE EVENT RELATING TO A PURCHASED TICKET OR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) 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, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE OR EVENT PRODUCER TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED (I) THE GREATER OF ONE HUNDRED DOLLARS ($100) OR (I) (A) IN THE CASE OF EVENT PRODUCERS, THE AMOUNT WE HAVE EARNED FROM YOUR USE OF THE SERVICES IN THE PAST TWELVE MONTHS; OR, (B) IN THE CASE OF ATTENDEES, THE AMOUNT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE BY YOU. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT WE HAVE EARNED FROM YOUR USE AS AN EVENT PRODUCER OR THE AMOUND YOU HAVE PAID US IN THE PAST TWELVE MONTHS AS AN ATTENDEE, AS THE CASE MAY BE, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
We are not responsible for the conditions or the actions of the crowd or other third parties at any live event, for any changes made at the venue of a live event, or for the actions of Attendees, Event Producers or other third parties in connection with streaming events.
We are not responsible for providing transportation or reimbursement of travel-related expenses to Attendees under any circumstances unless those items are specifically included as part of a live event Ticket you have purchased. We are not responsible for any delay causing you to arrive late or miss your Ticketed event for any reason. If our actions result in you missing your Ticketed event, we will not be liable for more than your total purchase price.
With regard to live event Tickets, as between you and Live Pass, LLC. , you voluntarily assume all risks and danger incidental to the Ticketed activities, whether occurring before, during or after the Ticketed activities, including the underlying live event, and you waive any claims for personal injury or death against us, management, facilities, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Live event dates and times are subject to change.
If anyone brings a claim against us related to your use of the Site, your User Content, your Event Producer Content, your Event Producer Communications, your violation of these Terms, or your negligence or willful misconduct in connection with your use of the Site, the Services or your production of or attendance at a related event, including any personal injury or property damage that occurs at live events, you agree to indemnify, defend and hold us and our affiliated companies, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
16. Disputes, Including Mandatory Arbitration and Class Action Waiver
a. Applicable Law. These Terms and all claims relating to the use of the Site or our Services will be subject to the laws of the State of Florida, United States of America, without regard to any conflicts of law principles.
b. Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute, your contact information (including your username, if your dispute relates to an account) and your requested relief. If you and we do not resolve the dispute within thirty (30) days of our receipt of your notice, you may begin the arbitration process described below.
c. Arbitration. Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, subject only to those exceptions set forth below. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. You will be responsible for those fees, and in no event will we pay for attorneys' fees.
We each agree that the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
d. Waiver of Jury Trial. You agree to waive any right you may have to go to court and have a judge or jury trial (other than small claims court as provided below).
e. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis and claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other User.
i. Each party will retain the right to assert claims in small claims court in the United States if the claim and the parties are within the jurisdiction of such small claims court.
ii. If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Miami, Florida, and we both consent to the jurisdiction of those courts for such purposes.
iii. In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Miami, Florida, and we both consent to the jurisdiction of those courts for such purposes.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at email@example.com.