Effective Date: September 29, 2018
Please review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.
Disclaimer: LiVE MAG is an information service that aggregates artist, venue, and event data from several sources, and the information provided may change from the time of initial listing, or the event even cancelled or postponed. It is the User's responsibility to follow up with the venue or ticket provider to confirm details. LiVE MAG provides Ticket Links and Event Links to follow through to the venue or event to get the most up to date information. LiVE MAG and LiVE MAG Inc. does not accept any responsibility whatsoever, and the User holds harmless LiVE MAG and LiVE MAG Inc. against any losses or damages as a result of acting on the information that is provided through this service.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services ("Content") are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions.
Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
LiVEMAG respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
• Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
• Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the LiVEMAGand any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
• Interfere with others using the Services or otherwise disrupt the Services;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and LiVEMAG;
• Engage in unauthorized spidering, "scraping," or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
• Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials.
Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
• Restrict or terminate your access to the Services;
• Change or discontinue the Services;
• Deactivate your accounts and delete all related information and files in your accounts;
LiVEMAGwill not be liable to you or any third party for taking any of these actions and will not be limited to the remedies above if you violate these Terms.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Services will continue to be governed by the User Submissions section of these Terms.
The User Submissions, Indemnification, Disclaimers; Limitation of Liability, Governing Law; Venue; Jurisdiction, Arbitration, Miscellaneous and Copyright Complaints sections of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use as will any provision that by its nature should survive.
You will defend, indemnify, and hold harmless LiVEMAG, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns with respect to all claims, costs (including, without limitation, attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation, use of your account, whether or not authorized by you, and claims arising from User Submissions) your violation of any law, statute, ordinance or regulation or the rights of a third party or your participation in events or gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at events or gatherings). LiVEMAG retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Indemnification section of the Terms without LiVEMAG’s prior written approval.
Disclaimers; Limitation of Liability
LiVEMAGDOES NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES' FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE LiVEMAGDISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
LiVEMAGWILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS OR ARISING OUT OF OR IN CONNECTION WITH TRANSPORTATION TO OR FROM EVENTS OR GATHERINGS, ATTENDANCE AT EVENTS OR GATHERINGS, PARTICIPATION IN OR EXCLUSION FROM EVENTS OR GATHERINGS AND THE ACTIONS OF YOU OR OTHERS AT EVENTS OR GATHERINGS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF LiVEMAGHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE LiVEMAG PARTIES' LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO LiVEMAG IN THE THREE MONTHS PRECEEDING THE CLAIM.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE LiVEMAG‘s ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BYLiVEMAG, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Venue; Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the Province of Ontario.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Toronto, Ontario. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
If you believe that Content on the Services violates your copyright, please send us a notice of the violation using the following contact information:
81 Lakeshore Rd. E.
Mississauga, ON L5G 1B0
*In order to allow for spam filtering, only email with phrase “Copyright Matter” in the subject line will be read. All other email will be discarded.
Your notice must include:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party;
• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements, we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of Canada and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. Canadian law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Other Legal Complaints
If you have a legal complaint regarding the Services other than copyright matters, or wish to receive further information regarding use of the Services, please contact us. You may also submit comments using the postal address below:
81 Lakeshore Rd. E.
Mississauga, ON L5G 1B0
Your complaint must:
• identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;
• explain what rights you have and why you believe the material violates your rights; and
• provide accurate information that we can use to contact you.
Please note that the fees and charges for the Services, if any, vary depending upon the Services selected.