The source for live streaming concerts worldwide.
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Our service, the Content and any other features, tools, blogs, applications, materials, or other services offered from time to time by Livehouse in connection with its business, however accessed, are referred to collectively as the "IROCKE Services." The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
III. ACCESS AND USE OF THE LIVEHOUSE SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register with Livehouse or use any feature or other part of the Livehouse Services that requires registration. You represent that you are at least 13 years of age if you are registering an account.
Your License. Livehouse is pleased to grant you a non-exclusive limited license to use the IROCKE Services on the Properties, including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Livehouse in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Livehouse in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by Livehouse. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Livehouse in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that when using IROCKE Services, you will be exposed to Content from a variety of sources, and that Livehouse is not responsible for the accuracy, usefulness, safety of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Livehouse with respect thereto regarding all matters related to your use of the IROCKE Services.
Embedding a Video. Where Livehouse has incorporated an embed option in connection with Content on the IROCKE Services, you may embed videos provided you do not embed the video on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Livehouse (in Livehouse 's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the video into any hardware or software application, even for non-commercial purposes. Livehouse reserves the right to prevent embedding to any website or other location that Livehouse finds inappropriate or objectionable (as determined by Livehouse in its sole discretion).
Ownership. You agree that Livehouse owns and retains all rights to the IROCKE Services. You further agree that the Content you access and view as part of the IROCKE Services is owned or controlled by users and/or third parties. The IROCKE Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. You and other users must use the IROCKE Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the IROCKE Services, Content, and embedding restrictions detailed above, and further agree that you will not access the Company Site or use the IROCKE Services in a way that:
If Livehouse determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the IROCKE Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the IROCKE Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. No one may use the IROCKE Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. We may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section VI) or otherwise send spam, advertising, or other unsolicited communications of any kind through the IROCKE Services, you acknowledge that you will have caused substantial harm to Livehouse and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Livehouse $50 for each such unsolicited communication you send through the IROCKE Services.
Downloads. In order to participate in certain IROCKE Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We may change, suspend, or discontinue - temporarily or permanently - some or all of the IROCKE Services (including the Content and the devices through which the IROCKE Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Livehouse may do so in Livehouse 's sole discretion. You also agree that Livehouse will not be liable to you for any modification, suspension, or discontinuance of the IROCKE Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
IV. IROCKE ACCOUNTS AND REGISTRATION
We offer various features that require registration or the creation of an account with Livehouse . If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Livehouse representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Unauthorized Use. If you suspect any unauthorized use of your account, please notify us immediately. Also make sure to notify us if your registration information changes, in case we need to contact you.
V. COLLECTION AND USE OF PERSONAL INFORMATION
VI. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the IROCKE Services, users may have an opportunity to publish, chat, transmit, submit, or otherwise post (collectively, "Post") reviews, ratings, reactions to concerts, comments, provide links to or embed videos, or other materials (collectively, "User Material"). In order to keep the IROCKE Services enjoyable for all of our users, you must adhere to the rules below.
User Material that you Post. Please limit yourself to User Material directly relevant to the IROCKE Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that in order to post comments you will be required to login with your IROCKE Account and or Social Network Service account. Your posts will include your account name, which may include your first and last name. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
Obtaining Permission. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Livehouse the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Livehouse will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Livehouse does not guarantee any confidentiality with respect to any User Material.
LIVEHOUSE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OF ANY USER MATERIAL THAT IS POSTED ON THE COMPANY SITE. ALL USERS EXPRESSLY ACKNOWLEDGE THIS PARAGRAPH, AND SHOULD ANY USER DISCOVER THAT ANY MATERIALS HAVE BEEN POSTED TO THE WEB SITE THAT VIOLATE OR INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE USER(S) HEREBY EXPRESSLY AGREE TO RESOLVE THE DISPUTE DIRECTLY WITH THE USER (OR THEIR AGENCY), AND HOLD HARMLESS THE COMPANY.
Livehouse does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and Livehouse expressly disclaims any and all liability in connection with User Material. Livehouse does not permit copyright infringing activities and infringement of intellectual property rights on the Company Site, and Livehouse will remove all User Material if properly notified as set forth herein that such infringes on another's intellectual property rights. Livehouse reserves the right to remove User Material.
Third Party Posts. Despite these restrictions, please be aware that some Posts and User Material may be objectionable, unlawful, inaccurate, or inappropriate. Livehouse does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Livehouse. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Livehouse assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Livehouse with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the IROCKE Services is not available for a specific instance of inappropriate User Material, please email email@example.com (subject line: "Inappropriate User Material").
VII. LINKED DESTINATIONS AND ADVERTISING
Livehouse is not responsible for the content or practices of any website or destination other than the Company Site, even if it links to the Company Site and even if the website or destination is operated by a company affiliated or otherwise connected with Livehouse. By using the IROCKE Services, you acknowledge and agree that Livehouse is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Company Site.
Advertisements. Livehouse takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the IROCKE Services are between you and the advertiser, and you agree that Livehouse is not liable for any loss or claim that you may have against an advertiser.
VIII. TRADEMARKS AND COPYRIGHTS
Livehouse , the Livehouse logo, www.livelist.com, and other Livehouse marks, graphics, logos, scripts, and sounds are trademarks and contain copyrighted material, authored and/or owned by Livehouse . None of the Livehouse trademarks and copyrights may be copied, downloaded, or otherwise exploited without permission.
IX. UNSOLICITED SUBMISSIONS
It is Livehouse 's policy not to accept unsolicited submissions, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Livehouse 's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Livehouse creative work would be purely coincidental.
X. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE IROCKE SERVICES, YOU AGREE THAT USE OF THE IROCKE SERVICES IS AT YOUR OWN RISK. THE IROCKE SERVICES, INCLUDING THE COMPANY SITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LIVEHOUSE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE IROCKE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
XI. IN NO EVENT SHALL LIVEHOUSE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE IROCKE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE COMPANY SERVICE OR $50 (WHICHEVER IS LESS).
XII. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE IROCKE SERVICES (INCLUDING YOUR USE OF THE CONTENT), YOUR VIOLATION OF ANY THIRD PARTY RIGHT, OR ANY CLAIM THAT YOUR USER MATERIAL CAUSES DAMAGE TO A THIRD PARTY. LIVEHOUSE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. XIII. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
A. Digital Millennium Copyright Act (“DMCA”)
If you believe that any Content, User Material, or other material provided through the IROCKE Services, including through a link, infringes your copyright, you should notify Livehouse of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Livehouse receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Livehouse 's copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
Livehouse Media, Inc.
545 Cypress Street
Hermosa Beach, CA 90254
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Livehouse customer service through email@example.com. To be effective, the notification must be in writing and contain the following information pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C 512(c)(3) for further detail):
If a counter-notice is received by the Copyright Agent, Livehouse may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Livehouse 's sole discretion.
XIV. ARBITRATION OF CLAIMS
At Livehouse , we expect that we will be able to resolve most issues you may have using the IROCKE Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Livehouse agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Livehouse Media, Inc. Address Attn: Legal Department 545 Cypress Street Hermosa Beach, CA 90254. We thank you in advance for understanding why it’s important that you and Livehouse agree on the process described in this Section.
XV. GENERAL INFORMATION
International Use. Livehouse is based in the United States. Livehouse 's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Livehouse does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the IROCKE Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE IROCKE SERVICES. YOUR USE WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS FROM THAT POINT FORWARD.