TERMS AND CONDITIONS OF USE
Effective January 15, 2015
The Websites are for informational purposes only. You may print material from the Websites for non-commercial, personal or informational purposes only, provided that all copyright, trademark and all other proprietary notices are entirely included. The Websites and all the information they contain are the property of CMN, all rights reserved, and in some cases the property of CMN’s affiliates and licensors. Logos and designs are the trademarks or service marks of CMN. Unauthorized use of the marks is prohibited. Any reproduction, copy, distribution, or modification of the Websites’ design, text, code, software, multi-media, images, graphics, database, proprietary information, and all copyrightable or otherwise legally protectable elements of the Websites, including without limitation, the arrangement of any of the Websites’ items (“Content”), for any purpose, including, but not limited to, the reposting of RSS feeds of any portion of the Websites on other websites, without the prior written consent of CMN, is prohibited. All Content is the property of CMN, its affiliates, licensors, artists, clients, suppliers, advertisers, sponsors, or labels, and is legally protected by United States and applicable international intellectual property laws. CMN may change, remove, or add any of the Content at any time, without notice and without liability.
All rights in logos, trade names, third-party products or services with or without trademark symbols, belong exclusively to CMN or their respective owners (e.g. artists, artist label / management companies, clients, etc.), and their reproduction, imitation, and / or any misleading uses are prohibited under national and international trademark and copyright laws. Nothing on the Websites confers any license or right to you under any patent, copyright, or trademark of CMN or any other third party. Disassembling, deconstructing, or otherwise reducing the code used in the Websites to examine their construction and / or to duplicate that code or software is prohibited.
Links to Other Websites
The Websites may contain links to to third party / external websites. CMN has no responsibility or control over the content on any such other websites. CMN provides links to third party / external websites as a convenience; their inclusion is not an endorsement by CMN of those websites.
Promotions and Other Opportunities
The Websites may provide sweepstakes, contests, promotions and other opportunities that require you to send information to enter. Those opportunities may be governed by certain rules and eligibility requirements. You are responsible for reading and determining if your participation is valid and you agree to read and comply with any such rules and eligibility requirements prior to participating in any such opportunities.
If the Websites allow you to register or ask you to provide information to participate in an event or to access information, your decision to provide information is entirely optional and at your sole discretion, with the understanding that if you decide not to provide that information, you may not be able to participate in that event or access that information. If you decide to provide any such requested information, you agree that any information you provide shall be true and accurate. You also agree to update such information if it changes. If you are prompted to create a username and password, it is your sole responsibility to protect the confidentiality of that account information and you agree to not register under any other individual’s name. You agree further that to participate and provide your information on the Websites you must be at least thirteen (13) years of age.
IMPORTANT: LIMITATION OF LIABILITY
BY USING THE WEBSITES, YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS CMN AND ITS AFFILIATES AND ANY SUBSIDIARY COMPANIES, ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES, CLAIMS, ACTIONS OR INJURIES RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITES.
You hereby agree and acknowledge that the use of the Websites involves risks of injury to persons and property, and that you assume full responsibility for any such risks. By using the Websites you hereby agree to: (a) release and hold harmless CMN and each of its respective parents, affiliates, subsidiaries, artists, management companies, and affiliated companies, suppliers, clients and any organizations responsible for sponsoring, producing, executing, fulfilling, administering, advertising or promoting any and all concerts, promotions, and events, and all of their respective past and present officers, members, directors, employees, agents, representatives, assigns and successors (collectively, the “Released Parties”), from and against any and all claims, expenses, and liability, whether caused by the active or passive negligence of CMN or any of the Released Parties, or otherwise to the fullest extent permitted by law, on account of injury or damage of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your participation on the Websites, participation in any registrations, promotions, or events, or relating to your acceptance or use or misuse of any concert / event tickets (including any travel or activity related thereto); and (b) indemnify and release the Released Parties if you find yourself for any reason unable to participate on the Website or in any registrations, concerts, promotions, or events; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to your participation in any registrations, concerts, promotions, or events, whether directly through the Websites or indirectly through a third party.
You further hereby agree and acknowledge that the use of the Websites is provided “as is” and “as available”. The Released Parties do not warrant that the Websites will be uninterrupted or free from error, viruses, or other harmful parts. The Released Parties expressly disclaim all warranties of any kind, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. You are exclusively responsible for any damage to your computer / device’s system and / or for any loss of data resulting from the Websites or connected in any way to communication you receive through the information you provide on the Websites. The Released Parties are not liable for any illegal, offensive, or defamatory conduct by any third parties or other Website users and you agree that all risks of injury from the foregoing are solely yours.
If any merchandise, product, or service offered for sale on the Websites are listed at an incorrect price or provide incorrect information, CMN holds the absolute right to refuse or cancel any order placed under that incorrect price or information and is released from any liability for the same.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES OR ANY INFORMATION PROVIDED ON THE WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE RELEASED PARTIES WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree at all times, to defend, indemnify, and hold harmless the Released Parties from and against any and all actions, claims, losses, liabilities, damages, injuries, costs and expenses, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, directly or indirectly, from any use you make of the Websites or your use of the Content, and for any violation by you of the Terms. You hereby agree to not interfere in any way with the proper operation of the Websites, to not compromise the security of the Websites, and to not cause any inaccessibility of the Websites to others, or otherwise cause any damage to the Websites or their Content.
The Released Parties shall not have any liability because of any delay or failure to perform any obligation if that delay or failure to perform is caused by a force majeure event, including but not limited to, an act of God, inevitable accident, fire, strike or other labor dispute, war or threat of war, act of public enemy, act of terrorism or threats thereof, riot or civil commotion, national state of emergency, enactment, rule, order or any act of any government or governmental instrumentality, failure of technical facilities, hazardous or inclement weather conditions, epidemic (including a health epidemic), and illness, injury, disability or death of artists, or any other cause beyond the Released Parties’ control.
These Terms and any CMN policy has been made in and shall be construed in accordance with the laws of the State of Illinois, without regard to conflict of laws or choice of law principles. Except where prohibited, you agree that any and all disputes, claims, and cause of actions arising out of, or connected with your use of the Websites or relating to the Terms or any CMN policy shall be resolved individually, without resort to any form of class action, and that you hereby consent to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois.
If any portion of the Terms or CMN policy is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of the Terms or CMN policy, and all other portions of the Terms and CMN policy shall remain in full force and effect.