Terms of Service
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
You understand and agree that to use the Site you must be of legal age (18 years of age or older, or, if you have parental consent, 13 years of age). If you use the Sites on behalf of any third party, you agree that you are an authorized representative of that third party and that your use of the Sites constitutes that third party’s acceptance of these Terms.
a. General. LiveOpera provides a marketplace for Artists to offer Fans services such as a VIP ticket package (a "Package") for live or streaming events or a subscription to communications from an Artist (a "Subscription") as detailed below. In this regard, LiveOpera is an intermediary between Artists and Fans and not an agent or broker of Artists. We cannot guaranty any amount of purchases, the quality of the experience provided by an Artist, or the conduct of any User. We may make changes to the Services at any time, without notice to you. If you object to the changes, your sole recourse is to stop using the Site. Certain features of the Site may be subject to additional terms (for example, your use of the LiveOpera Community Forums is subject to the LiveOpera Community Forum Guidelines ).
b. Artist Responsibilities.
i. Packages. Artists must accurately describe the experience offered in any Package and by offering a Package, you, as the Artist, agree that you will provide the experience described in the Package. If you fail to provide such experience, you agree to indemnify us and reimburse us for any refunds that we need to issue or damages that we suffer due to your failure. If your event is postponed or rescheduled, you agree to provide the experience described in the Package at such reasonable later date. In the event that you do not provide the experience, we will not remit any payments to you unless and until we are satisfied (in our discretion) that Fans will be issued replacement tickets or refunds. Artists must provide customer service to Fans with respect to a Package and each Artist acknowledges that LiveOpera does not provide any customer service with respect to Packages. Further, each Artist must furnish a working contact and support email address which will be displayed on Artist’s LiveOpera page.
ii. Artist Content and Communications. Artists are responsible for creating the images, words, graphics, recordings and other content featured on their LiveOpera Artist page, communicated to their Fans through communications, or performed or displayed as part of a streaming event or an On Demand viewing (collectively, the “Artist Content”). Artists are solely responsible for securing all permissions, licenses and approvals that may be required pursuant to your agreements with any third parties (e.g., record labels, managers, agents, etc.) for all Artist Content available on the Site and to perform a streaming event, to record a streaming event or to replay or display a recorded streaming event or any other recorded content through an On Demand viewing or otherwise. Fans choose whether they want to receive marketing/exclusive content text messages and/or emails featuring Artist Content in connection with a Package and/or Subscription (together, the “Artist Communications”). Artists must identify their outgoing Artist Communications as either administrative (i.e., transactional) or marketing/promotional and are responsible for the accuracy of such classification. LiveOpera is not responsible for Artist Content or Artist Communications, including any links or attached items therein. Each Artist agrees to indemnify, defend and hold LiveOpera harmless for any liability or loss incurred by LiveOpera as a result of the Artist Content or Artist Communications, including without limitation for any claims brought by third parties. Each Fan agrees that you will not sue, or attempt to hold LiveOpera responsible, for any Artist Content or Artist Communication.
c. Streaming Services and Internet Access.The ability to view a streaming event may be limited depending on your Internet provider, your device, and your browser type. Fans are responsible for determining whether your Internet speed, device, and browser can support a streaming event and LiveOpera strongly suggests that you test your Internet speed, device, and browser before making a streaming ticket purchase.
3. Account Registration
a. General. You will not be required to register for an account in order to browse the Site as a general User. However, Users will be required to register for a Fan account to use certain features of the Site, such as purchasing a Package or Subscription, and for an Artist account to provide services through the Site, such as setting up Packages. Artists may also purchase Packages from other Artists, in which case the purchaser would be a “Fan” for purposes of that particular transaction.
b. Account Credentials. By registering for an account, you agree that all information provided is accurate and complete. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account and your account username and password are personal to you and you may not transfer or sell access to your account or use another User's account without that User's permission. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
4. Fan Purchases and Terms of Sale
a. General. LiveOpera is an events-based ticketing platform for Artists’ live and streaming events. LiveOpera does not control the services advertised or provided by the Artist and does not manage or fulfill the merchandise that an Artist might include as part of an order.
b. Pricing. Pricing is determined by an Artist with regard to each of their service offerings. However, the LiveOpera ticketing platform supports a minimum ticket price which is currently USD $3. Advertised prices do not include any shipping and handling fees, transaction fees, or any applicable taxes. Shipping and handling fees and taxes charged or collected by us will be added to your order and will appear as a separate charge on your order confirmation and receipt. All prices are in U.S. Dollars (unless otherwise stated). Applicable taxes shall be separately assessed as required by law at the time of checkout (unless otherwise stated in package details). If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that we have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection with those fees.
c. Method of Payment. Fans agree to pay all charges incurred by you via payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. By providing us with your payment information, you agree that we and any of our third party payment processors are authorized to immediately debit your account for all applicable fees and charges. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change our billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation: (i) if you attempt to use the Site in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Website in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
d. Billing Information Verification. Fan orders are processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a Package order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your Package to another Fan without further notice.
e. No Resale, Transfer, and Promotions. Purchases of both live-event and streaming Packages are personal to each Fan and the resale, transfer, or gifting of Packages is expressly prohibited. Photo identification may be required at the time of redeeming a live-event Package. Packages may not be used for advertising, promotions, contests or sweepstakes unless formal written authorization is given by us.
f. Postponed or Rescheduled Events. If a live or streaming event is postponed or rescheduled, we will endeavor for the Package to be honored for the rescheduled event date. New Package tickets will not be issued for most rescheduled events or postponements. We will not refund Fans for postponed or rescheduled Packages. However, in the event that an Artist is unable to fulfill the Package that you purchased, the Artist will endeavor to provide an alternate date for the Package (which we may communicate to you on the Artist's behalf). If Artist cannot provide such an alternate date, you will be issued a refund (as outlined below). Note that the VIP and Door Times listed for your live-events are subject to change and you should always double check communications and event times with the venue. Changes to streaming event times will be communicated by LiveOpera on behalf of the Artist to the Fan’s chosen communication method.
h. Refunds. As noted above, all sales are final and Packages are non-refundable. Notwithstanding the foregoing, in the limited circumstances that we issue you a refund for a Package due to a canceled event (which we may do in our sole discretion), we will issue a refund of the Package face value paid. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the Package you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by the Artist, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase the Package from the Site. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
i. Addition Terms Applicable to Packages.
i. Package Orders. Packages are sold on a first come first served basis and while quantities last. It is each Fan’s responsibility to check your order. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
ii. Live-Event Tickets Not Included. By purchasing a Package, you are NOT purchasing tickets to the live event that is tied to the Package unless it is expressly stated otherwise. You must purchase tickets to the live event separately. If you fail to purchase such tickets, you will not be able to use the Package and you will not be issued a refund or be entitled to any other makeup date for such Package.
iii. Venue Changes. In the case that a live event is relocated to a different venue, we will endeavor to honor the Package for the new venue and a refund will not generally be given. Exact refund and exchange policies are determined on a show-by-show basis by the venues and performers.
iv. License and Ejection. A Package is a revocable license and we may refuse to honor it in certain circumstances. A Package may not redeemed for cash. Breach of terms or rules will terminate your license to redeem your Package without refund. Live and streaming event providers and Artists reserve the right, without refund of any amount paid, to refuse admission to, eject, or refuse streaming service to any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with event provider or Artist rules. If you are denied admission to the event, ejected from an event, or refused streaming service, you will forfeit the Package and not be entitled to a refund.
v. Recording, Transmission and Exhibition at Live Events. You agree that with regard to live events, the Package is a public event and that your appearance and actions inside and outside the venue where the live event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct when redeeming a Package. You grant permission to us, the event provider(s) and the artists, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the live event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You agree that you will not take pictures or make any video, audio or any other recording during the Package live event nor will you post any such recording to social media or make any such recording publicly available. If you violate these provisions, in addition to seeking monetary damages against you, we, the event provider, or the Artist may seek an injunction against you to take down such recordings and you agree that such party will not have to post a bond to seek such an injunction.
vi. You Are Subject to Search at Live Events. You and your belongings may be searched on entry to the Package live event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Package live event without refund or other compensation. For the underlying live event, you must comply with the venue or facility rules (including rules regarding entry). Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
vii. Additional Terms Applicable to Streaming Event Package Orders. LiveOpera is not liable for troubleshooting issues, Internet loading, or capacity issues if these cause fans to miss any part of the stream. LiveOpera does not assist with the production of the stream, or what is scheduled by the Artist as part of a streaming event, including merchandise included in a streaming Package, the length of a stream, and the ability to rewatch the stream at all or for any period of time after the livestream has taken place. For clarification, it is in the Artist’s sole discretion whether to leave a stream posted after the live streaming event has taken place and LiveOpera cannot guarantee that a stream will be made available for replay at all or for any particular period of time. LiveOpera is not liable for any issues on the Artist's end when streaming, the artists team can only approve refunds if this issue arises. All sales are final on LiveOpera as mentioned in our FAQ and will not be waived without extensive documentation on the request.
Fans may not photograph, film, or otherwise record streaming events and may not post any such photographs or recordings to social media or make any such recording publicly available without the Artist’s prior written permission in each instance. If you violate these provisions, in addition to seeking monetary damages against you, we, the event provider, or the Artist may seek an injunction against you to take down such recordings and you agree that such party will not have to post a bond to seek such an injunction.
5. Package & Subscription Pricing by Artists and Payments to Artists
a. Packages. Artists set the pricing for each of your Packages, although we may make suggestions or temporarily suspend your Package offering if we feel that it was priced in error. We will collect a fifteen percent (15%) transaction fee for each Package purchase (the Fan will pay this amount and we will retain it and you shall have no right to any such amounts). After deduction of our transaction fee, we will deduct all applicable payment processing fees. After such fees are deducted, we will remit all of the revenues to you reasonably promptly following the Package event date (assuming that you fulfilled your obligations with respect to the Package).
b. Withholdings. Income generated by foreign individuals/corporations at US based venues will be subject to Federal withholdings. Please visit the IRS website for more details. A valid W9 or W-BEN must be provided for funds to be released. As the seller, you are ultimately responsible for any and all taxes associated with your package. We are registered to remit sales tax in the following states (Alabama, Arizona, Arkansas, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, Wyoming). LiveOpera will remit sales tax on your behalf in these states for the VIP experiences that you sell. Sales tax will be added to the VIP experience and charged to customers as a separate line item, unless otherwise stated in package details. In the event that your package includes merchandise, it will be your sole responsibility to calculate and remit any sales, use, excise or gross receipt taxes imposed on merchandise items in states that do not tax the VIP experience.
6. Site Code of Conduct & Acceptable Use Policy
You agree that you will comply with all applicable laws, rules and regulations, including without limitation, laws relating to criminal conduct, privacy, intellectual property, export controls, and taxes, and that with regard to the Site and our Services you will not:
(a) Engage in any illegal, vulgar or harassing activity;
(b) Restrict or inhibit any other person from using the Site;
(c) Use the Site for any unlawful purpose;
(d) Express or imply that any statements you make are endorsed by us, without our prior written consent;
(e) Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
(f) Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
(g) Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(h) Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(i) Engage in spamming or flooding;
(j) Harvest or collect information about Site users;
(k) As an Artist, offer live-event Packages that do not comply with venue or event space at which they are to take place;
(l) As a Fan, order a number of Packages for an event that exceeds the stated limit for that event;
(m) As a Fan, use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
(n) Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services (other than the offering of Packages or Subscriptions by Artists as permitted herein).
LiveOpera may refuse access to the Site or our Services if we believe a User has violated the Code of Conduct or any other provision of these Terms in our sole and absolute discretion.
7. Ownership of Content and Grant of Conditional License to use the Site
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the "Content") are owned by us or our licensors (such licensors to include Artists with regard to the Artist Content). 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.
We grant Users a personal, limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable revocable license subject to the limitations below to view this Site and the Content, and to use the Site as a Fan and/or Artist as otherwise permitted herein only if, as a condition precedent, you agree that you will not:
(a) Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
(b) Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
(c) Link to any portion of the Site other than the URL assigned to the home page of the Site;
(d) "Frame" or "mirror" any part of the Site;
(e) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
(f) Remove any copyright, trademark or other proprietary rights notices contained on the Site;
(g) Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
(h) Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
(i) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(j) Access, reload or refresh transactional event pages, or make any other request to transactional servers, more than once during any three-second interval;
(k) Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
(l) Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
(m) Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
(n) Reproduce or scan tickets in a format or medium different from that provided by the Site;
(o) Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
(p) Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
8. LiveOpera Community Forums, User Content and Community Guidelines
We may host Fan reviews, message boards, blog feeds, social media feeds, livestream Artist chats, and other interactive forums found on the Site (collectively, the "LiveOpera Community Forums"), and Fans and Artists may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the LiveOpera Community Forums or other areas of the Site ("User Content"). Any submission of User Content to a LiveOpera Community Forum is purely voluntary and not required to browse the Site, register as a Fan or Artist, or make a purchase on the Site.
All use of the LiveOpera Community Forums is subject to LiveOpera’ Community Forum Guidelines which may change from time to time.
By submitting User Content as a Fan or Artist, 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. As between you and us, 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. 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.
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, (ii) your User Content does not violate the Code of Conduct and Acceptable Use Policy contained in these Terms, and (iii) 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.
You understand that User Content posted to public or semi-public LiveOpera Community Forums will be viewed by other Users, that you have no expectation of privacy with regard to such User Content, and that your ability to delete User Content after posting may be limited due to the nature of the LiveOpera Community Forums.
We will have the right (but not the obligation) to monitor the Site, 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.
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. If you use any review feature of the Site or provide us with any communicates, comments, questions, suggestions, or other feedback relating to the Site or our Services (collectively, “Feedback”) your Feedback will be treated as non-confidential and non-proprietary and you grant to us the right to use such Feedback for any purpose whatsoever, including the development of new products and services, without any attribution or compensation to you.
9. Claims of Copyright Infringement on the Site
a. Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to LiveOpera, firstname.lastname@example.org. 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.
It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
b. Repeat Infringement Policy
If you are found to be a repeat copyright infringer and we receive multiple DMCA or other copyright infringement notices regarding content that you upload to the Site, you agree that we may take actions to prevent future infringement, such as:
Blocking your account from future content uploads
Terminating your account and access to the Site
Putting your email address on a banned list
Prohibiting you and anyone using your email address, IP address, or other identifying information from reopening your account or opening a new account
10. Term and Termination
These Terms begin on the date that you begin using the Site and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms. We reserve the right to terminate or suspend a User account or access to the Site at any time and for any reason, including your violation of these Terms as determined in our sole and absolute discretion. Whether you are an Artist or a Fan, if we terminate or suspend your account, you will have no further access to your account or anything associated with it and the conditional license granted to you hereunder shall immediately cease. We will not have any liability to you for any suspension or termination of your account, including with regard to any deletion of Artist Content, Artist Communications, or other User Content. All provisions of these Terms which by their nature should survive, shall so survive the termination, including without limitation, ownership provisions, disclaimers of warranties, limitations of liability, and indemnities.
11. Third Party Links
12. Access from Outside the United States
We operate the Site from our offices in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk and you are responsible for following applicable local laws.
13. Rules for Sweepstakes, Contests and Games
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.
14. Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, stalking a Customer or someone else associated with LiveOpera, or otherwise interfering with activities associated with a Package, 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 Packages sold or offered through the Site. We may refuse to honor pending and future offers made from all accounts we believe may be associated with you, or cancel a Package order associated with any person we believe to be acting with you, or exercise any other remedy available to us.
15. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTY THE QUALITY OR STANDARD OF ANY OF THE PACKAGES, SUBSCRIPTIONS, OR OTHER GOODS AND SERVICES THAT WE MAY OFFER THROUGH THE SITE FROM TIME TO TIME. YOU ARE TAKING THE RISK THAT THE ARTISTS MAY NOT PROVIDE THE LEVEL OF INTERACTION THAT YOU WERE ANTICIPATING OR THAT THE PACKAGE, SUBSCRIPTION, OR OTHER GOOD OR SERVICE PURCHASED DOES NOT MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING ARTISTS, 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.
16. Limitation of Liability
Nothing in these Terms shall affect your legal rights as a consumer or exclude or limit any liability that cannot legally be excluded or limited.
IN NO EVENT WILL WE OR OUR SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PACKAGE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODE OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT A LIVE EVENT RELATING TO A PURCHASED PACKAGE OR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED PACKAGES, OR THE FAILURE OF A VENUE OR ARTIST TO HONOR A PACKAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED (I) THE GREATER OF ONE HUNDRED DOLLARS ($100) OR (I) (A) IN THE CASE OF ARTISTS, THE AMOUNT WE HAVE EARNED FROM YOUR USE OF THE SERVICES IN THE PAST TWELVE MONTHS; OR, (B) IN THE CASE OF FANS, THE AMOUNT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE BY YOU. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT WE HAVE EARNED FROM YOUR USE AS AN ARTIST OR THE AMOUND YOU HAVE PAID US IN THE PAST TWELVE MONTHS AS A FAN, AS THE CASE MAY BE, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
We are not responsible for the conditions or the actions of the crowd or other third parties at any live event, for any changes made at the venue of a live event, or for the actions of Fans, Artists or other third parties in connection with streaming events.
We are not responsible for providing transportation or reimbursement of travel-related expenses to Fans under any circumstances unless those items are specifically included as part of a live event Package you have purchased. We are not responsible for any delay causing you to arrive late or miss your Package for any reason. If our actions result in you missing your Package, we will not be liable for more than your total purchase price.
With regard to live event Packages, as between you and LiveOpera, you voluntarily assume all risks and danger incidental to the Package, whether occurring before, during or after the Package or underlying live event, and you waive any claims for personal injury or death against us, management, facilities, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Live event dates and times are subject to change.
If anyone brings a claim against us related to your use of the Site, your User Content, your Artist Content, your Artist Communications, your violation of these Terms, or your negligence or willful misconduct in connection with your use of the Site, the Services or your attendance at a related event, 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.
18. Disputes, Including Mandatory Arbitration and Class Action Waiver
a. Applicable Law. These Terms and all claims relating to the use of the Site or our Services will be subject to the laws of the State of California, United States of America, without regard to any conflicts of law principles.
b. Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute, your contact information (including your username, if your dispute relates to an account) and your requested relief. If you and we do not resolve the dispute within thirty (30) days of our receipt of your notice, you may begin the arbitration process described below.
c. Arbitration. Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, subject only to those exceptions set forth below. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: LiveOpera,. 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. You will be responsible for those fees, and in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the Los Angeles, California.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
d. Waiver of Jury Trial. You agree to waive any right you may have to go to court and have a judge or jury trial (other than small claims court as provided below).
e. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other User.
i. Each party will retain the right to assert claims in small claims court in the United States if the claim and the parties are within the jurisdiction of such small claims court.
ii. If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles, California, and we both consent to the jurisdiction of those courts for such purposes.
iii. In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles, California, and we both consent to the jurisdiction of those courts for such purposes.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:
+359 88 651 3572
TL FILM LTD