LiveVenues Terms of Use 

This Terms of Use agreement (the “Agreement”) is made by and between ActiVenues, LLC, a California limited liability company, with offices at 200 S. Raymond Ave., Pasadena, CA 91105 and you the user (you, your or User). This Agreement governs access to and use of the Live Venues Mobile Application (the “App”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE APP, OR ANY LIVE VENUES SERVICES OR CONTENT (COLLECTIVELY, THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO ACTIVENUES.COM/TERMS, AND ACTIVENUES, LLC RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.

1. Agreement. 

This Agreement specifies the Terms and Conditions for access to and use of the Service and describes the terms and conditions applicable to your access of and use of the Service. This Agreement may be modified at any time by ActiVenues, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at Activenues.com/Terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. 

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy at Activenues.com/Privacy

3. Ownership. 

All content included on the Service is and shall continue to be the property of ActiVenues, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Service is prohibited, except as expressly permitted in this Agreement. Under no circumstance will you acquire any ownership rights or other interest in any content by or through your use of the Service.

4. Intended Audience. 

The Live Venues App and/or Service is not intended for any children under the age of 13 and the use by any children under the age of 13 is expressly prohibited.

5. Trademarks. 

You acknowledge ActiVenues, LLC’s exclusive rights in the Live Venues trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on this Service are the property of ActiVenues, LLC or the party that provided such intellectual property to ActiVenues, LLC. ActiVenues, LLC and any party that provides intellectual property to ActiVenues, LLC shall retain all rights with respect to any of their respective intellectual property appearing on this Service, and no rights in such materials are transferred or assigned to you.

6. Use of Service. 

The Service is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of ActiVenues, LLC. You may not use the Service in any way that a reasonable person could find objectionable, harassing, threatening, embarrassing, distressing, libelous, defamatory, offensive, obscene, indecent, pornographic, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Service. ActiVenues, LLC reserves the right to revoke a User’s access to the Service at any time, without notice to the User, for activity that is in violation of the Terms of Use and/or the Privacy Policy.

7. User Representations and Warranties. 

User acknowledges, agrees, warrants, and represents that:

.(a)  User is at least 13 years old;

.(b)  User has sufficient legal rights to any and all content that a User makes available on the Service and User grants to ActiVenues, LLC an irrevocable, non-exclusive, transferable, royalty-free, perpetual license to all User submitted content to the extent necessary to provide the Service;

.(c)  User shall not use the Service to impersonate any person or falsely claim affiliation with any person or company;

.(d)  User shall not use the Service to transmit confidential or proprietary information;

.(e)  User shall not duplicate or reverse engineer the Service;

.(f)  User shall not circumvent or otherwise disable any security features or authorization limitations imposed by the Service;

.(g)  All User submissions to the Services are truthful and accurate; and

.(h)  User shall immediately notify ActiVenues, LLC of any breaches of a User’s account.

7.8.  Compliance with Laws. 

You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

8.9.  Indemnification. 

You agree to indemnify and hold ActiVenues, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, members, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and ‘attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Service.

 

9.10. Disclaimer. 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ACTIVENUES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ACTIVENUES, LLC DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SERVICE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACTIVENUES, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ACTIVENUES, LLC MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE, ANY SERVICE, OR ITS CONTENT. ACTIVENUES, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SERVICE.

10.11. Limitation of Liability. 

ACTIVENUES, LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND MEMBERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ACTIVENUES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR ACTIVENUES, LLC WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY ACTIVENUES, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ACTIVENUES, LLC FOR THE USE OF THE SERVICE OR ANY SERVICE IT PROVIDES.

11.12. Use of Information.
Activenues, LLC reserves the right at all times to disclose any information as necessary to satisfy any

applicable law, regulation, legal process or governmental request.

12.13. Copyrights and Copyright Notices. 

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our attention:

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

.(b)  A description of the copyrighted work that you claim has been infringed;

.(c)  A description of where the material that you claim is infringing is located on the Service;

.(d)  Your address, telephone number, and e-mail address;

.(e)  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

.(f)  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send all notices of claims of copyright infringement to:

ActiVenues, LLC
200 S. Raymond Ave. Pasadena, CA 91105

13.14. Applicable Law. 

If there is any dispute about or involving the Service or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the City of Los Angeles, County of Los Angeles, State of California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, ANY SERVICE PROVIDED BY THE SERVICE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

14.15. Severability. 

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15.16. Waiver. 

The failure of ActiVenues, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by ActiVenues, LLC must be in writing and signed by an authorized representative of ActiVenues, LLC.

16.17. Modification and Termination of the Service. 

ActiVenues, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any service provided by the Service (or any part thereof) with or without notice. You agree that ActiVenues, LLC will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

17.18. Relationship of the Parties. 

Nothing contained in this Agreement or your use of the Service shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18.19. Entire Agreement. 

This Terms of Use constitutes the entire agreement between you and ActiVenues, LLC and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ActiVenues, LLC with respect to the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Live Venues Privacy Policy), guidelines, or rules that may apply when you use the Service. ActiVenues, LLC may revise this Terms of Use at any time by updating this Agreement and posting it at Activenues.com/Terms. Accordingly, you should review the posted Terms of Use periodically to determine if any changes have been made. Your continued use of the service after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

19.20. Contact Information. ActiVenues, LLC

200 S Raymond Ave Pasadena, CA 91105

If you have any questions regarding these Terms of Use, please contact us at info@activenues.com.