Terms of Service 

The Terms of Service (“Terms”) you are reading are a legally binding agreement that governs the relationship between LCL, as defined below, and yourself (“you”) and your use of LCL’s applications for the web, mobile or any other applicable platforms and/or devices (the “Service or Services”; “app”). Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration (where permissible) unless you opt-out within the specified time frame. Residents of the State of Washington are not within the scope of the agreement to arbitrate. See Section 12 for more information. 

  

BY ACCESSING OR USING LCL’S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. 

  

In these Terms, “LCL” refers to Laurel Canyon Live, Inc. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to LCL as “we” or “us”. LCL owns and operates the Laurel Canyon Live streaming service and related application (“app”) and website which presents to the user through the app on a pay-per-view basis certain live and on-demand performances by various artists which performances may stream live from time to time and thereafter may be available on an on-demand basis, in each instance for a one-time fee (each an “Event”). 

  

1. CHANGES TO THE TERMS OR THE SERVICE

LCL reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Statement including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, or subscriptions, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Statement and Additional Terms collectively shall be referred to herein as “LCL’s Terms”), at any time by posting the amended LCL’s Terms on or within the Service, and you agree to be bound by such revisions or modifications. In addition, LCL may terminate these Terms in its sole discretion at any time. Users are responsible for viewing LCL’s Terms periodically. Your continued use of the Service after a change or modification of LCL’s Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to LCL’s Terms, your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all LCL’s Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, when or if made possible by LCL, such as but not limited to, Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with its terms of service/use as well as LCL’s Terms. 

  

You understand that the Service is evolving. You may be required to accept updates to the Service, and to LCL’s app which you have installed on your computer, mobile device or any other device. You acknowledge that LCL may perform these updates remotely and agree that LCL may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Service or an Event; modify or remove any of the information contained in the Service; limit the Service’s availability to any person, geographic area, or jurisdiction we choose; modify and/or waive any fees charged in connection with the Service which fees may vary for each Event; and/or offer opportunities to some and all users of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service provided however, if we cancel an Event prior to Its scheduled date for which you have purchased access, you will be accorded a refund of the purchase amount by crediting the payment method used. Your continued use of the Service after such changes will indicate your acceptance of such changes in the Services and in LCL’s Terms. 

  

2. ACCOUNT INFORMATION

To access our app you must create an account with LCL (an “Account”). You may access the Service via the website, or, if you are using our mobile Service, an account with the company that provides your mobile applications, such as an Apple account. You may need to update third party software from time to time to receive the Service and/or updates. During the process of creating an Account to access the Service, you may be required to select a password (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service: 

  

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. LCL will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions. 

  

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify LCL and modify your Login Information if appropriate. 

  

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you and ensure that you “log off” or exit from your Account (if applicable) at the end of each session. 

  

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal. 

  

You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors. 

  

You shall not have more than one Account at any given time and shall not create an Account using a false identity or information, or on behalf of someone other than yourself. 

  

You shall not have an Account or use the Service if you have previously been removed by LCL. 

  

The Service is subject to export and sanction laws and regulations, including laws and regulations administered and enforced by the United States, the European Union, and, if applicable, the laws of the jurisdiction in which the Services were obtained. You must comply with all applicable export and sanction laws and regulations. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by U.S., E.U. or the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported, diverted, transferred, or disclosed (a) into any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine, or (b) to anyone or any entity on any list of prohibited persons or entities maintained by the U.S. and E.U. governments, including the U.S. Treasury’s Office of Foreign Assets Control’s list of Specially Designated Nationals and Blocked Persons or the U.S. Department of Commerce Bureau of Industry and Security’s Denied Person’s List or Entity List, any entity 50% or more owned or, where applicable, controlled, by any such person or persons or acting for or on behalf of such person or persons, or anyone or any entity organized or resident in a Sanctioned Country (a “Sanctioned Person””). By using the Services, you represent and warrant that you are not located in, under the control of, or a resident of any Sanctioned Country and are not a Sanctioned Person. 

  

You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service. Optimal performance of an Event is contingent on your maintenance of a high-speed Internet and/or WiFi connection and quality equipment and while we will transmit an Event using state-of-the-art technology, we cannot guarantee the quality of your reception thereof. 

  

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. 

  

LCL reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights. 

  

You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture. 

  

Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with LCL’s Privacy Statement and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. 

  

By providing contact information to us, you agree that we may send You promotional or marketing messages to the e-mail address and/or telephone number (either via voice call or SMS text) you provided. For more information about marketing communications, including how to opt-out, please see the Your Choices section of our Privacy Statement. 

  

You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Statement. Unless the applicable law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account. 

  

3. LICENSE

Subject to your agreement and continuing compliance with LCL’s Terms, LCL grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a LCL supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. LCL’s Terms do not grant you or any other party any right, title or interest in the Service, an Event or any content in the Service. You hereby acknowledge that your license to use the Service is limited by LCL’s Terms, and, if you violate or if, at any point, you do not agree to any of LCL’s Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service. 

  

Open Source and other Third-Party Components.Our Service may include software components owned by or licensed from third-parties (“Third Party Components”), including open source software (“Open Source Components”). If any Open Source or other Third Party Component is indicated on our website at: [insert link], to be subject to the terms of a third party software license (a “Third Party License”), including any open source software license (“Open Source License”), then the terms of that Open Source License or other Third Party License will apply to such Open Source Components or other Third Party Component independent of the terms of these Terms. All other Third Party Components are subject to the terms of these Terms and may be used only under the terms of these Terms. Nothing in these Terms is intended to limit any rights under, or to grant rights or impose restrictions that supersede, the terms of any Open Source License or other Third Party License applicable to any Open Source Component or other Third Party Component. If required by an applicable Open Source License, you may obtain a copy of the Open Source Component subject to that Open Source License by submitting a request to us at [email protected]. 

  

4. ACCOUNT TERMINATION

LCL MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO AN EVENT, DELAY OR REMOVE AN EVENT, AND LCL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OTHER THAN REFUND THE PURCHASE PRICE PAID FOR AN EVENT CANCELED BY LCL. 

  

Without limiting any other remedies, LCL may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms if utilized for access, illegal or improper use of your Account, or illegal or improper use of the Service, LCL’s intellectual property as determined by LCL in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of LCL for any damage that may result from the foregoing, and LCL is under no obligation to compensate you for any such losses or results. If you have more than one Account, LCL may terminate all of your Accounts. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE TRANSMISSION OF AN EVENT IS A VIOLATION OF POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION. 

  

You may not use the Service if you are under 18 years of age, in which case you must not create an account, access, use or download such games and/ or submit any personal information through the Service or to LCL. 

  

In addition to the foregoing, LCL may selectively remove, revoke or modify Benefits associated with your Account. “Benefits” mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use the Service and/or products, if any are offered by us and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind,. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service. 

  

You acknowledge that LCL is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or modifying Benefits associated with your Account. In the event that LCL terminates your Account, you may not participate in the Service again without LCL’s express permission. LCL reserves the right to refuse to keep Accounts for and provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: [email protected] or submit a ticket via the applicable support channel of the game. 

  

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT [email protected]. 

  

5. RULES OF CONDUCT AND USAGE

You represent and warrant that you have full right and authority to use the Service and to be bound by LCL’s Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and LCL’s Terms. 

  

You undertake that you shall not defraud, or attempt to defraud, LCL or other users, and that you shall not act in bad faith in your use of the Service. If LCL determines that you do act in bad faith in violation of LCL’s Terms, or if LCL determines that your actions fall outside of reasonable community standards, LCL may, at its sole discretion, terminate your Account and prohibit you from using the Service. 

  

You agree that your use of the Service shall be lawful and that you will comply with the usage rules and Infractions Terms. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: Create an Account or access the Service if do not meet the Age Guidelines; 

  

Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service; 

  

Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); 

  

Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate LCL’s Terms and/or the terms of service of any third-party applications through which the Service is accessed; 

  

Attempt to obtain or reveal passwords or other private information from other users including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and LCL’s employees; 

  

Upload or transmit (or attempt to upload or to transmit), without LCL’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”); 

  

Improperly use support channels to make false reports to LCL or using profane and abusive language in your communications with our support personnel; 

  

Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the user to cheat or obtain an unintended advantage while using the Service or modify or interfere with the Service or any Event; 

  

Exploit, distribute or publicly inform other users of any error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one-time promotions more than once; 

  

Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without LCL’s written permission; 

  

Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without LCL’s written permission; 

  

Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms, if any; 

  

Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service; 

  

Attempt to use the Service on or through any service that is not authorized by LCL. Any such use is at your own risk and may subject you to additional or different terms. LCL takes no responsibility for your use of the Service through any service that is not authorized by it; 

  

Collect, harvest, post or communicate any user´s real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; 

  

Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; 

  

Interfere with the ability of others to enjoy using the Service including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any LCL environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users; 

  

Engage in any act that LCL deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating LCL’s Terms, our rules, mechanics or policies; 

  

Modify or cause to be modified any files, codes, or any other component which is part of the Service; 

  

Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; 

  

Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by LCL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service; 

  

Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms; 

  

Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about LCL elements, or environment. LCL may, at its sole and absolute discretion, allow the use of certain third party user interfaces; 

  

Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device; 

  

Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; 

  

Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data; 

  

Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by LCL; 

  

Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by LCL; 

  

Copy, modify or distribute rights or content from any LCL site or app or LCL’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms; or 

  

Copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code. 

  

Use any automatic machine to operate LCL Client Software or use any other LCL software, other than the LCL Client Software. 

  

Use the LCL Server API with any software other than the LCL Client Software. 

  

Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, may result in the immediate revocation of your limited license granted hereunder and termination of your Account in LCL’s sole discretion; and may subject you to any criminal and financial liability for violation of criminal and civil laws. 

  

6. INTELLECTUAL PROPERTY (IP) OWNERSHIP

As between you and LCL (but not as between any artists/performers appearing in Events and LCL), LCL retains all rights in the Service materials (including, but not limited to, any applications, software, titles, computer code, themes, objects, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-app chat transcripts, any correspondence with LCL (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Service and are owned or licensed by LCL. 

  

You may only use the Service Materials and IPR in connection with your use of the Services for personal, noncommercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. 

  

You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof. 

  

If you breach these Terms, or any of our other terms that apply to you, we may take legal action against you, including but not limited to any legal remedies and/or terminating your account. In addition, you may be breaking the law, including breaches or violations of LCL’s intellectual property rights and those rights of the performing artists and their affiliates and related entities. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE LCL APP IS A BREACH OF LCL POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS. 

  

7. COPYRIGHT NOTICES

LCL responds to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent applicable local laws, respects the intellectual property of others, and we ask our users to do the same. If you are the owner of a copyright and you believe that your work has been copied in the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 

  

a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 

  

a description of the copyrighted work or other intellectual property that you claim has been infringed; 

  

a description of where the material that you claim is infringing is located in the Services (examples: game or feature or level); 

  

your address, telephone number, and email address; 

  

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and 

  

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf. 

  

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: 

  

By mail: LCL 

  

Attn: Legal Department 

  

By email: [email protected] 

  

LCL’s policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA ”) and similar or equivalent local laws that may apply. LCL reserves the right to terminate without notice any user’s access to the Service if that user is determined by LCL, in its sole discretion, to be a “repeat infringer”. We do not have to notify the user before we do this. In addition, LCL accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials as long as the LCL CISO approves that such technical measures don’t produce any cyber security threat. 

  

8. PROMOTIONS, CONTESTS, SWEEPSTAKES AND OFFERS

From time to time, we may offer limited time promotions, contests, sweepstakes and special offers (“Promotion”). Please review the official rules associated with each such promotion and any other Terms and Conditions that apply to such Promotion. They will apply in addition to these Terms. 

  

You hereby agree and acknowledge that your participation in any promotion, constitutes your consent to LCL’s use of your name, likeness, photograph, voice, opinions, hometown, state and/or province for LCL’s purposes, at its sole discretion in any media, worldwide, without further payment or consideration. 

  

9. THIRD PARTY WEBSITES AND ADVERTISING

You understand that the Service and the LCL app may feature advertisements from LCL or third parties. LCL’s disclosure of information for third party advertising is addressed in LCL’s Privacy Policy, as set forth below. LCL may provide links in our app or on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving some feature of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. LCL makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service or game, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of LCL and may collect data or solicit personal information from you, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. LCL is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with that other company will control how it can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by LCL of these linked sites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Service, you acknowledge and agree that we have not reviewed all the web sites linked to the Service. Your linking to any other off-site pages or other sites is at your own risk. 

  

10. PRIVACY STATEMENT

Use of the Service is also governed by LCL’s Privacy Statement, which is incorporated herein by referencewww.laurelcanyon-live.com/privacy-policy. We encourage you to read the LCL Privacy Statement carefully and use it to make informed decisions. By creating an Account or accessing or using the Service you accept and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in LCL’s Privacy Statement. If you don’t agree with our Terms or Privacy Statement, then you must stop using the Service. 

  

11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

By accessing, using or downloading the Service you acknowledge and agree that your use of the Service, in whole and in part (including, without limitation, all content) shall be at your sole risk and is provided on an “as is” basis. To the fullest extent permitted by law, LCL, its affiliates or subsidiaries, or any of their officers, directors, employees, contractors, performers, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. LCL makes no warranties or representations about the accuracy, or completeness, quality, or suitability of the content of the Service or an Event or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any: 

(i) Errors, defects, mistakes, inaccuracies or the subjective and/or objective quality of an Event; Errors, defects, mistakes, inaccuracies or the subjective and/or objective quality of an Event; 

(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; 

(iii) Any unauthorized access to or use of LCL’s 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 the Service 

(v) Any bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Service by any third party; 

(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Service; 

(vii) Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service; 

(viii) Quality, accuracy, completeness and validity of any information or materials in or in connection with the Service or an Event; or 

(ix) The Service will meet your requirements or that transmissions or data will be secure. 

  

In case of a malfunction or disruption of the Service that prevents you from completing a live Event in which you have begun to participate, LCL may allow users to participate again in the same Event if feasible on an on-demand basis free of charge. LCL reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. LCL also reserves the right to limit your participation or terminate your participation in the Service should LCL determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. LCL is not liable for any potential winnings or other lost opportunity from any unfinished event or an event malfunction or error of any kind. 

  

By accessing or using the Service, you agree that LCL is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service. Any attempt to gain unauthorized access to the Service, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled. 

  

In no event will LCL, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Service; or (ii) for the conduct of third parties, including performing artists and other users of the Service and operators of external sites. The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not LCL has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that LCL shall not be liable for defamatory, offensive, or illegal conduct by any third party, including by performing artists, other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.S 

  

To the fullest extent permissible under applicable laws, under no circumstances will LCL, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to you for more than the amount you have paid LCL in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid LCL any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with LCL is to stop using the Service and to cancel your account. 

  

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of LCL. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law. 

  

To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold LCL, and each of its affiliates and subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: 

(i) Your use or misuse of and access to the Service; 

(ii) Your violation of any term of LCL’s Terms; 

(iii) Your breach of the representations, warranties, and covenants made herein; 

(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right; 

  

LCL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LCL, and you agree to cooperate with LCL’s defense of these claims. LCL will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. 

  

You agree that the provisions in this paragraph and Section 12 below will survive any termination of your Account(s) or of the Service. 

  

12. DISPUTE RESOLUTION, GOVERNINGLAWSAND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE, WHERE PERMITTED BY LAW, IT REQUIRES YOU AND LCL TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND LCL CAN SEEK RELIEF FROM EACH OTHER. 

  

By agreeing to these Terms, you and LCL agree that any and all past, present and future disputes, claims or causes of action between you and LCL arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and LCL or any of LCL’s licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded, if any), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and LCL further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action. 

  

“Country of Residence” for purposes of this Section 12 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence. 

  

(a) Governing Law. 

  

(a.1) If your Country of Residence is the United States, these Terms will be interpreted in accordance with US law. The agreement to arbitrate contained in this Section 12, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles. 

  

(a.2) If your Country of Residence is not the United States, these Terms, including the arbitration agreement contained in this Section 12, will be interpreted in accordance with the laws of the United States of America without regard to conflict- or choice-of-law principles. 

  

(b) Informal Dispute Resolution. LCL wants to address your concerns without needing a formal legal case. Before filing a claim against LCL, you agree to try to resolve the Dispute informally by contacting [email protected]. Similarly, LCL will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or LCL may initiate an arbitration proceeding as described below. 

  

(c) We Both Agree To Arbitrate. By agreeing to these Terms, to the extent legally permissible to do so in your Country of Residence, you and LCL each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below. 

  

(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and LCL will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein. 

  

(e) Residents of the State of Washington, USA. If you are a resident of the State of Washington or were a resident of that state while using the Service at any time since January 1, 2024, then this Section 12 does not apply to you, with the sole exception of the choice of law set out in (a.1) above. For clarity, residents of the State of Washington are not agreeing to arbitrate and need take no action to avoid application of the agreement to arbitrate. 

  

(f) Arbitration Procedures and Fees. 

  

(f.1) Regardless of your Country of Residence, you and LCL agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available atwww.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and LCL further agree that the arbitration will be held in Los Angeles, California, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees. 

  

(g) Arbitration Shall Proceed Individually. Regardless of your Country of Residence or the rules of a given arbitration forum, you and LCL agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor LCL may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against LCL will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time. 

  

(h)Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR LCL SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (G) OR (H) OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION. 

  

(i) Exceptions to Agreement to Arbitrate. Notwithstanding your and LCL’s agreement to arbitrate Disputes, LCL may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 15 or to enforce any arbitral award issued hereunder. Additionally: 

  

(i.1) If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and LCL’s agreement to arbitrate Disputes, either you or LCL also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. 

  

(i.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and LCL’s agreement to arbitrate Disputes, either you or LCL may also assert claims, if they qualify, through the Small Claims Court (or local equivalent court) in Los Angeles, California , or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence. 

  

(j) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in this Section 15, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and LCL agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Los Angeles, California, USA. Both you and LCL consent to venue and personal jurisdiction there. 

  

13. GENERAL

You are subject to all laws of the geography in which you reside and from which you access the Service and are solely responsible for obeying those laws. You agree LCL cannot be held liable if laws applicable to you restrict or prohibit your participation. LCL makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with LCL have authority to make any such representations or warranties. LCL reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted. 

  

LCL’s Terms constitute the entire agreement between you and LCL relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent LCL from modifying LCL’s Terms. 

  

You and LCL agree that if any portion of LCL’s Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of LCL’s Terms, which shall continue to be in full force and effect. 

  

LCL may assign or delegate LCL’s Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under LCL’s Terms without LCL’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective. 

  

The failure of LCL to require or enforce strict performance by you of any provision of LCL’s Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of LCL’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by LCL of any provision, condition, or requirement of LCL’s Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by LCL shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of LCL. 

  

You acknowledge that the rights granted and obligations made under LCL’s Terms to LCL are of a unique and irreplaceable nature, the loss of which shall irreparably harm LCL and which cannot be replaced by monetary damages alone. Accordingly, LCL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability” set forth above (if any). 

  

The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance. 

  

LCL shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LCL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond LCL’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or performer illness or unavailability. 

  

We may notify you via postings on www.laurelcanyon-live.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under the LCL’s Terms shall be in writing and addressed to: LCL, Inc., Attn: Legal Department, [physical address]. Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding LCL’s Terms, you may contact us to the following address: [email protected] or submit a ticket via the support channel of the app. 

 

323.934.4400 
910 N Hill St.  
Los Angeles, CA 90012  
Effective: October 5, 2022