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<small>Last Updated: October 14, 2019</small>
</p>
<p>Welcome! The following are the terms of use
("Terms") that govern your use of the Setlist.fm website
(the "Site").</p>
<p>
Our Privacy
Policy <i>
</i> and any other policies,
rules or guidelines that may be applicable to particular offers or
features on the Site are also incorporated into these Terms.
By
visiting or using the Site, you expressly agree to these Terms, as
updated from time to time.
</p>
<p>
<strong>NOTICE REGARDING FUTURE CHANGES TO TERMS:</strong> 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.
</p>
<p>
<strong>NOTICE REGARDING ARBITRATION AND CLASS ACTION
WAIVER:</strong> These Terms contain an arbitration agreement and class
action waiver, whereby you agree that any dispute or claim relating
in any way to your use of the Site, or to products or services sold,
distributed, issued, or serviced by us or through us, will be
resolved by binding, individual arbitration, rather than in court,
and you waive your right to participate in a class action lawsuit or
class-wide arbitration.
We explain this agreement and waiver, along
with some limited exceptions, in Section
15 below.
</p>
<p>Please note that while some of the events listed on the Site
may appeal to children, the Site is not targeted at children under
the age of 13, and they are not permitted to use the Site.
We
strongly encourage all parents and guardians to monitor the Internet
use by their children.
If you use the Site, you affirm you are at
least 13 years old.</p>
Table of Contents <ol>
<li>Account Registration</li>
<li>Code of Conduct</li>
<li>Ownership of Content and
Grant of Conditional License</li>
<li>Use of Setlist.fm API</li>
<li>Forums and User Content</li>
<li>Claims of Copyright Infringement
on the Site</li>
<li>Links</li>
<li>Parental Controls</li>
<li>Access from Outside the United
States</li>
<li>Rules for Sweepstakes,
Contests and Games</li>
<li>Violation of these Terms</li>
<li>Disclaimer of Warranties</li>
<li>Limitation of Liability</li>
<li>Indemnification</li>
<li>Disputes, Including Mandatory
Arbitration and Class Action Waiver</li>
<li>Severability</li>
<li>Questions</li>
</ol> Account Registration
<p>You may browse the Site without registering for an account.
You will be required to register for an account to use certain
features of the Site, such as reserving or purchasing a ticket.
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 username and password are personal to you.
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.
You may not transfer or sell access
to 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 may not use another user's account
without that user's permission.
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.</p>
Code of Conduct
<p>You agree that you will comply with all applicable laws, rules
and regulations, and that you will not:</p>
<ul>
<li>Restrict or inhibit any other person from using the Site;</li>
<li>Use the Site for any unlawful purpose;</li>
<li>Express or imply that any statements you make are endorsed
by us, without our prior written consent;</li>
<li>Impersonate any person or entity, whether actual or
fictitious, including any employee or representative of our
company;</li>
<li>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;</li>
<li>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;</li>
<li>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;</li>
<li>Engage in spamming or flooding;</li>
<li>Harvest or collect information about Site users;</li>
<li>Use any area of the Site for commercial purposes, such as
to conduct sales of products or services.</li>
</ul>
Ownership of Content and Grant of
Conditional License
<p>
The Site and the Setlist.fm API, including all output and
executables of the API, excluding any software components developed
by you which do not themselves incorporate the API or any output or
executables of the API (collectively "API"), 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
(collectively, the "Content") are owned by us or our
licensors.
To the extent applicable, you agree to comply with
YouTube’s terms of
service.
We own a copyright and, in many instances, patents and
other intellectual property, in the Site and Content.
We may change
the Content and features of the Site at any time.
</p>
<p>We grant you a limited, conditional, no-cost, non-exclusive,
non-transferable, non-sub-licensable license to view this Site and
its Content as permitted by these Terms for non-commercial purposes
only if, as a condition precedent, you agree that you will not:</p>
<ul>
<li>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;</li>
<li>Manipulate identifiers, including by forging headers, in
order to disguise the origin of any posting that you submit;</li>
<li>Link to any portion of the Site other than the URL assigned
to the home page of the Site;</li>
<li>"Frame" or "mirror" any part of the
Site;</li>
<li>Modify, adapt, sub-license, translate, sell, reverse
engineer, decompile or disassemble any portion of the Site or the
API, or otherwise attempt to derive any source code or underlying
ideas or algorithms of any part of the Content;</li>
<li>Remove any copyright, trademark or other proprietary rights
notices contained on the Site;</li>
<li>Use any computer program, bot, 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 security structure,
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;</li>
<li>Use any automated software or computer system to search
for, reserve, buy or otherwise obtain products, 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;</li>
<li>Take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load on our
infrastructure.
We reserve the right to limit the rate at which
calls may be made to the API;</li>
<li>Access, reload, or refresh transactional pages, or make any
other request to transactional servers, more than once during any
three-second interval;</li>
<li>Reproduce, modify, display, publicly perform, distribute or
create derivative works of the Site or the Content;</li>
<li>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;</li>
<li>Share the API Key and any other authentication details with
any third party.
All calls to the setlist.fm API must reference the
API Key issued to you as an approved licensee.</li>
<li>Use the API in a product or service that competes with
products or services offered by the Site.</li>
<li>Retain any copies of the Setlist.fm data, except for the
purposes of retaining cached information for short periods.
You
must make direct server calls to the API for the Setlist.fm data
and distribute the Setlist.fm data to end users on your website
immediately upon receipt by your servers.</li>
</ul>
<p>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.</p>
<p>
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.
You may inquire about obtaining permission
by contacting us at trademarks@livenation.com.
</p>
Use of Setlist.fm API <p>
You are permitted to use the API solely for non-commercial purposes
subject always to any limitations or conditions as advised to you
by us at any time.
If the primary purpose of your application is to
derive revenue, it is considered commercial.
If you would like to
use the API for a commercial purpose, please contact us.
</p>
<p>You may not store any Setlist.fm user data in any data
repository which enables any third party access unless such third
party access is disclosed in your privacy policy, which must be
directly accessible through a link in your application using the
API.
We may use technical measures to track your use of the
Setlist.fm data for the purpose of ensuring compliance with these
Terms.</p>
<p>
As a condition of use of the API, you must provide the Setlist.fm
data to your users on an as is basis and you must display
attribution on your website or client application wherever
Setlist.fm data is used.
When using the API, you must use the
attribution link each API response contains.
You may not tag links
to Setlist.fm with a <em>nofollow</em> attribute or otherwise
prevent or discourage search engines from following or scoring the
link.
If the response does not contain an attribution link or if it
is not possible to display the link in a way that it can be read by
a search engine (e.g.
when using the API dynamically with javascript
requests), you must use a link to the homepage of the Site.
You must
also maintain each link provided in the API.
Acceptable attribution
examples include:
</p>
<p>
<code>Source: <a
href="https://www.setlist.fm/setlist/the-beatles/1969/apple-corps-rooftop-london-england-53d6f3ad.html">The
Beatles setlist on setlist.fm</a></code>
</p>
<p>or</p>
<p>
<code>Source: <a href="https://www.setlist.fm/>concert
setlists on setlist.fm</code>
</p>
<p>We may elect to provide you with support or modifications for
the API in our sole discretion, and may terminate such support at
any time without notice to you.
We may change, suspend or
discontinue any aspect of the API at any time, including the
availability of the API.
We may impose limits on certain features
and services or restrict your access to parts or all of the API
without notice or liability.
We reserve the right to implement a fee
and payment terms for use of the API at any time.</p>
Forums and User Content
<p>We may host fan reviews, message boards, blog feeds, social
media feeds and other forums found on the Site (collectively,
"Forums"), and you may be able to submit suggestions,
reviews, concepts, audio and video recordings, photographs, artwork
or other materials to the Forums or other areas of the Site
("User Content").</p>
<p>By submitting User Content, you certify that you are at least
18 years old, or you are at least 13 years old and have obtained
your parent’s or legal guardian’s express consent to submit User
Content.</p>
<p>You own all rights to your User Content.
If you submit User
Content to the Site, you grant us a worldwide, non-exclusive,
transferable, sublicenseable, royalty-free right and license to use,
reproduce, modify, create derivative works of, distribute, publicly
perform, display, archive and commercialize your User Content, in
our sole discretion, in all formats and in all media channels now
known or hereinafter discovered, without any compensation or
acknowledgment to you or anyone else.
This license will not affect
your ownership in your User Content, including the right to grant
additional licenses to your User Content, except if it conflicts
with these Terms.
We are not obligated to post, display or otherwise
use any User Content, or to attribute your User Content to you.
You
will not make or authorize any claim against us that our use of your
User Content infringes any of your rights.</p>
<p>Statements, opinions, and reviews posted by participants in a
Forum may be inaccurate, offensive, obscene, threatening, or
harassing.
We do not endorse and are not responsible for these
postings.
We will not be liable for any loss or harm caused by the
posting or your reliance on information obtained through the
postings.</p>
<p>You will be responsible for your User Content and the
consequences of posting it.
By submitting User Content, you
represent to us that (i) you own, or have the necessary permission
to submit the User Content and to grant the licenses to us under
this section, and (ii) you have the written permission of every
identifiable person in the User Content to use that person’s name
and likeness in the manner contemplated by the Site and these Terms
or, if the person is a minor, the written permission of the minor’s
parent or legal guardian.</p>
<p>We will have the right (but not the obligation) to monitor the
Site, the Forums and the User Content, and to disclose any User
Content and the circumstances surrounding its submission in order to
operate the Site properly, or to protect ourselves, our sponsors and
our users, or to comply with legal obligations or governmental
requests.</p>
<p>If we are notified that your User Content does not comply with
these Terms, we may investigate the allegation and may decide to
remove your User Content and cancel your account.
We may also hold
you liable for any User Content that infringes the rights of a third
party and require you to pay or reimburse us for any amounts we
believe are necessary to resolve any complaint.</p>
Claims of Copyright Infringement On The Site
<p>
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.
</p>
<p>
Notices and counter-notices should be sent to General Counsel, Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, copyrightofficer@livenation.com.
There can be penalties for false claims under the DMCA.
We suggest
that you consult your legal advisor before filing a notice or
counter-notice.
</p>
<p>It is our policy to terminate, in appropriate circumstances,
the access rights to the Site of repeat infringers.</p>
Links
<p>The Site contains links to other websites that may not be owned or operated by us.
The fact that we may link to those websites does not indicate any approval or endorsement of those websites.
We have no control over those websites.
We are not responsible for the content of those websites, or the privacy practices of those websites.
We strongly encourage you to become familiar with the terms of use and practices of any linked website.
Your use of other websites is at your own risk and is subject to the terms of those websites.
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 viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.</p>
Parental Controls
<p>
We cannot prohibit minors from visiting our Site, and must rely on
parents and guardians to decide what materials are appropriate for
children to view and purchase.
There are parental control
protections (such as computer hardware, software or filtering
services) available that may assist you in limiting access to
material that is harmful to minors.
You can find information about
parental controls at http://onguardonline.gov.
We do
not endorse the products or services listed at this website.
</p>
Access from Outside the United States
<p>The Site is directed to people residing 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.
If you choose to access the Site from outside the United States, you do so at your own risk.</p>
Rules for Sweepstakes, Contests and Games
<p>In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms.
By participating in a Promotion, you will become subject to those rules.
We urge you to review the rules before you participate in a Promotion.
Promotion rules will control over any conflict with these Terms, except in all instances the arbitration agreement and class action waiver set forth in Section 15 below will control and apply.</p>
Violation of these Terms
<p>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, 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 order.
We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us.</p>
Disclaimer of Warranties
<p>WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." 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 ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, 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.</p>
Limitation of Liability
<p>IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, 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 PRODUCT OR SERVICE 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 CODES OF CONDUCT, (b) 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, (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, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT.
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 THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
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 YOU HAVE PAID US IN THE PAST TWELVE MONTHS, 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.</p>
Indemnification
<p>If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, 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.</p>
Disputes, Including Mandatory Arbitration and Class Action
Waiver
<p>
<strong>ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY US OR THROUGH US, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT</strong>, with the following exceptions:</p>
<ul>
<li>You may assert claims in small claims court if your claims
apply;</li>
<li>If a claim involves the conditional license granted to you
as described in the Ownership of Content and Grant of Conditional
License section (Section 3) above, either of us may file a lawsuit in a federal
or state court located within Los Angeles County, California, and
we both consent to the jurisdiction of those courts for such
purposes.
and</li>
<li>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 Los Angeles County,
California, and we both consent to the jurisdiction of those courts
for such purposes.</li>
</ul>
<p>The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects.
This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below.
State arbitration laws do not govern in any respect.</p>
<p>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.</p>
<p>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.
For the avoidance of doubt, the arbitrator can award public injunctive relief.</p>
<p>
To begin an arbitration proceeding, you must send a letter
requesting arbitration and describing your claim to: Live Nation
Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA
90210, Attn: General Counsel.
You may download the forms located at http://www.jamsadr.com.
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.
We will automatically reimburse administration and arbitrator fees for claims totaling less than $10,000 regardless of who the prevailing party is (unless the arbitrator determines the claims are frivolous), but we will not pay for attorneys’ fees unless ordered to do so by the arbitrator.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
</p>
<p>
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.
<strong>
<u>YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION</u>
</strong>.
</p>
<p>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</p>
Severability
<p>It is our belief that these Terms do not contain any provision contrary to law.
However, if any part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and (b) the remaining parts shall be deemed valid and enforceable.</p>
Questions
<p>If you have any questions, comments or complaints regarding
these Terms or the Site, please contact us at:</p>
<p>
Live Nation Entertainment, Inc.<br> Attn: General Counsel<br> 9348 Civic Center Drive<br>
Beverly Hills, CA 90210<br> (800) 653-8000<br> Email
</p>
<p>California users may also contact the Complaint Assistance
Unit of the Division of Consumer Services, California Department of
Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA
95834, (800) 952-5210.</p>
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