Effective as of March 1, 2021
These Terms set forth the terms and conditions under which our customers, visitors, users, and others (collectively, “Users” or individually, a “User”) may use our websites (the “Website”), our platform (“Platform”), and all other services (collectively, the “Services”). The Services may, among other things, permit Users to purchase tickets for events hosted on the Services (“Tickets”) and to purchase merchandise and other products offered through the Services or through e-commerce stores made available through the Services (“Products”).
For clarity, the term “Users” includes, depending on the context, those who perform at, or host, events on the Services, or distribute Tickets or distribute Products through the Services (such Users, including their employees, agents, contractors, business partners, and affiliates, “Event Hosts’’), as well as those who attend these events and ultimately purchase Tickets and Products from us or the Event Hosts.
The Services are provided by ARCIVR, LLC a Texas limited liability company (together with its affiliates, “Arcivr”, the “Company”, “we”, “us” or “our”). A reference to “you” or “your” means the User, an individual, or if applicable, the company or legal entity you represent.
In these Terms, you agree, among other things:
• To only use the Services for personal use in accordance with these Terms;
• To comply with all of the restrictions in Section 6; and
• To give us a license to use and create derivative works of your User Content and User Footage, in whole or in part, in any form or media, for any purpose (including promotional and marketing purposes).
1. Important Notices.
a. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 13) AND DISCLAIMERS OF LIABILITY (SECTION 14).
b. These Terms contain an arbitration agreement and class action waiver in Section 18, in which you agree that any and all disputes, whether contractual or otherwise, arising out of, in connection with, or related in any way to this Agreement, including without limitation to this Agreement’s existence, validity, applicability, or termination, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration.c. We may amend, modify, change or update these terms at any time in our sole discretion, as detailed in Section 4.
By accessing or otherwise using our Services or otherwise interacting with Arcivr in any way, the User performing such actions (“you” or “your”):
a. Represent that you have read and understand these Terms;
b. Represent that you are of legal age to enter into this Agreement;
c. Represent that you have the authority to enter into this Agreement in your personal capacity or, if you are accessing or using the Services or otherwise interacting with Arcivr on behalf of an entity, you have the authority to enter into this Agreement on behalf of such entity, and to bind such entity to these Terms; and
d. On behalf of yourself and any entity you represent, accept and agree to abide by these Terms.
Children under the age of 18 are not permitted to use the Services; however, adult parents or guardians may consent to the upload of their children’s personal information, including photographs, and use the Services on their behalf. By doing so, such parents or guardians assent to these Terms.
4. Changes to the Services and these Terms.
a. Arcivr may change, modify, supplement or reduce the Services at any time. Such changes may include the release of fixes (including hotfixes), patches, updates or upgrades to the Services. We may automatically implement any such change to the Services. These Terms will apply to all such changes.
b. We may amend, modify, change, supplement, update, add or remove provisions of these Terms at any time by posting the updated Terms on our Services, by posting a notice on the Services or by emailing you. By using the Services after Arcivr has updated the Terms, you thereby agree to the revised and updated Terms.
5. Compliance with These Terms and Applicable Laws. As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and conditions or restrictions imposed by these Terms. The Services are offered for personal, non-commercial use only, and you are prohibited from using, and are expressly not granted, the right to use, the Services for any other purpose, unless expressly authorized in a separate written agreement between you and Arcivr. Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute Users who violate these Terms.
You may not access or use, or attempt to access or use, the Services or Arcivr Materials (as defined below) to take any action that could harm us or any third party, interfere with the operation of the Services or Arcivr Materials, or use the Services or Arcivr Materials in a manner that violates any applicable laws. For example, and without limitation, you may not:
a. Post, distribute, collect, upload, display or otherwise transmit any material (including any User Content) during the course of accessing or using the Services that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harmful, threatening, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, infringing, harassing, abusive, tortious, invasive of a third party’s privacy, or racially or ethnically offensive or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) violates any applicable law, regulation, or obligations or restrictions imposed by any third party.
b. Make use of the Services or Arcivr Materials in any manner that constitutes an infringement of our rights or the rights of other Users or third parties, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c. Access or attempt to access parts of the Services or Arcivr Materials (or to other computer systems or networks connected to or used together with the Services or Arcivr Materials) to which you are not authorized.
d. Remove, circumvent, damage, disable, or otherwise attempt to circumvent or interfere with any restrictions imposed on your use or access of the Services or Arcivr Materials, including (i) security-related features of the Services, (ii) any digital rights management mechanism or other content protection or access control measures and (iii) features that enforce limitations on your use or access of the Services.
e. Use, copy, extract, download, reproduce, distribute, print, publish, broadcast, perform, display, post, transmit, upload, adapt, translate, create derivative works of, modify or in any way exploit, in any form or by any means, all or any part of the Services or Arcivr Materials, except for User Content you have posted on the Services, or unless expressly authorized by Arcivr. For the avoidance of doubt, you may not use the Services or Arcivr Materials to provide time sharing or similar services for any third-party.
f. Remove any proprietary notices or labels from the Services or Arcivr Materials.
g. Distribute any part of the Services or Arcivr Materials over any network, including a local area network, or sell, offer for sale, license, sublicense, rent, lease, assign, transfer, distribute, host, make available or otherwise commercially exploit to any third party, all or any part of the Services or Arcivr Materials, except for (i) User Content you have posted on the Services and (ii) Tickets and Products, but solely as expressly set forth in the Service-Specific Terms.
h. Access all or any part of the Services or Arcivr Materials in order to build a website, application, product or service which is similar to or competes with the Services or Arcivr Materials.
i. Use any software, robots, spiders, or any other data gathering or extraction methods or tools, whether automated or manual, to access, acquire, copy, monitor, data mine, scrape or aggregate all or any part of the Services or Arcivr Materials, or otherwise use the Services or Arcivr Materials to harvest, collect, gather or assemble information or data regarding other Users, including contact information, without the express written consent of Arcivr and the other Users.
j. Generate automated searches, requests or queries to the Services or Arcivr Materials, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services or Arcivr Materials other than the search engine and the search agents available through the Services or generally available third-party web browsers.
k. Take any action that violates or threatens our system or network security, including any actions which interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks.
l. Access, store, upload, distribute or transmit any software, program, tool, process or device (including any code or file) which may prevent, impair or otherwise adversely affect access to or the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any program or data, including the reliability of any program or data or adversely affect the user experience, including worms, Trojan horses, viruses and other similar malicious software or device.
m. Send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
n. Directly or indirectly reverse engineer, decompile, reverse compile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or Arcivr Materials (in whole or in part), or any software, documentation or data related to the Services or Arcivr Materials.
o. Conceal, or attempt to conceal, your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Services.
p. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services or Arcivr Materials.
q. Use the Services or Arcivr Materials in violation of any applicable laws or regulations or for any purpose not specifically permitted in these Terms.
7. Ownership; License.
a. All right, title, and interest, including all intellectual property and proprietary rights in and to the Services, Tickets, Products, and all related content, analytics, algorithms, products, images, software, technology, platforms, applications, tools, graphics, data, ticket access codes, text, source code or object code, any Arcivr intellectual property or proprietary rights and any other materials included on the Services (collectively, the “Arcivr Materials”) are the property of Arcivr or its third party licensors.
c. You acknowledge that (i) all right, title and interest in and to the Services and Arcivr Materials, including all patents, copyrights, trade secrets, trademarks and other intellectual property and proprietary rights embodied therein or associated therewith, are and will remain with Arcivr or its third party licensors; (ii) no right or interest in the Services or Arcivr Materials is conveyed other than the limited license granted herein; (iii) the Services and Arcivr Materials are protected by copyright and other intellectual property laws; and (iv) Arcivr asserts that the Services and Arcivr Materials embody valuable information of Arcivr or its licensors, the development of which required the expenditure of considerable time and money, and that you will (A)only use the Services or Arcivr Materials in accordance with these Terms and (B) not otherwise use the Services or Arcivr Materials, or disclose the Services or Arcivr Materials to third parties.
d. The Arcivr logo and any Arcivr product or service names, company names, trade names, logos, service marks, trade dress, slogans, product packaging and designs of the Services, whether or not appearing in large print or with the trademark symbol (“Arcivr Marks”) that may appear on the Services are trademarks of Arcivr or our affiliates are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The Arcivr Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Arcivr” or any other Arcivr Marks without our prior written permission. In addition, the look and feel of the Services including all page headers, custom graphics, button icons and scripts, constitute Arcivr Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission.
e. All trademarks or logos other than Arcivr Marks mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
8. Linked Sites.
a. The Services may contain third-party owned content and links to other websites (“Linked Sites”). Activating the Linked Sites may cause Users to leave the Services. The Linked Sites are provided solely for Users’ convenience and information. Arcivr has not reviewed any of the Linked Sites and using the Linked Sites is at each User’s own risk. Arcivr does not endorse, sponsor, recommend, or otherwise accept responsibility for any for the content or privacy practices of the Linked Sites.
b. Arcivr does not imply affiliation, approval, or control of any Third-Party Services by making such Linked Sites available via Arcivr’s Services. Arcivr makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of content, material or services provided by or through the Linked Sites. YOUR USE OF ANY SUCH LINKED SITES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH LINKED SITES.
9. Advertisements and Promotions.
a. The Services may contain third party advertisements and promotions generated or posted by other Users, Event Hosts, or other third parties.
b. Your business dealings or interactions with any third parties, including other Users or Event Hosts, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Arcivr does not endorse, approve, control or otherwise recommend any such products, services, advertising or promotions posted to the Services by any third parties. Arcivr is not responsible or liable for any loss or damage of any kind incurred as the result of your dealings with any third parties, or otherwise resulting from the presence of advertisements for third party products and services included on or with the Services.
10. User Content and User Footage.
a. “User Content” means any and all information and content that you, submit to, or use, in connection with, the Services, including your name, image, likeness, acts, poses, plays, appearance, movements, actions, statements and conduct on the Services, and including any content in your profile on the Services.
b. You acknowledge that, when you user the Services to attend events on the Services (e.g., meet and greet events), Arcivr or the Event Host may capture photographs, audiovisual footage or other digital images or other information in which you appear or are otherwise featured (“User Footage”). You acknowledge and agree that (i) Arcivr and the Event Hosts may capture User Footage and (ii) Arcivr and our partners, licensees and assigns may use such User Footage in accordance with the license in Section 10(c) below.
c. The Services may allow you to post User Content and communicate with others. You understand that you have no expectation of privacy with regard to your User Content or User Footage. You acknowledge that, when you use the Services (including when you attend events on the Services), you may be visible to others and your User Content and User Footage may be visible to other Users and the general public. By posting User Content on, to, or through the Services and, with respect to User Footage, by using the Services to an event on the Services, you hereby grant (and you represent and warrant that you have the right to grant) to Arcivr, our partners, licensees and assigns, as applicable, an irrevocable, perpetual, transferable, fully sublicensable (through multiple tiers), non-exclusive, royalty-free and fully paid, worldwide license to reproduce, modify, adapt, publish, translate, distribute, display, perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and User Footage, in whole or in part, for any purpose (including promotional and marketing purposes), in any form, media or technology now known or later developed, without further authorization from, or compensation to, you or anyone acting on your behalf. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and User Footage.
d. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate the restrictions in Section 6 above. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Arcivr, Event Hosts or any of Arcivr’s partners or assigns. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the restrictions in Section 6 above.
e. We reserve the right (but have no obligation) to review any User Content, and to investigate or take appropriate action against you in our sole discretion if you violate the restrictions in Section 6 above or any other provision of these Terms, or otherwise create liability for us or any other party. Such action may include removing or modifying your User Content, terminating your access to or use of the Services, or reporting you to law enforcement authorities. You agree that Arcivr is not liable for any and all injury, damage or loss caused or allegedly caused by Arcivr’s review, or failure to review, User Content.
f. Should you encounter any bugs, glitches, lack of functionality or other problems with the Services, please let us know. We appreciate your feedback as it helps us develop the Services and offer the best Services possible. If you provide Arcivr with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Arcivr all rights in such Feedback and agree that Arcivr will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Arcivr will treat any Feedback you provide to Arcivr as non-confidential and non-proprietary. You agree that you will not submit to Arcivr any information or ideas that you consider to be confidential or proprietary.
g. Arcivr is not obligated to back up any User Content or User Footage, and your User Content and User Footage may be deleted at any time without prior notice. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY OF YOUR USER CONTENT, AND ANY USER FOOTAGE PROVIDED TO YOU, AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT OR USER FOOTAGE. ARCIVR IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT OR USER FOOTAGE IN CONNECTION WITH YOUR USE OF THE ARCIVR SERVICES.
h. Arcivr uses third-party vendors to host and store any User Content that you upload, post or make available to Arcivr, as well as User Footage. We may require our vendors to maintain certain standards with respect to your User Content and User Footage, but Arcivr does not guarantee that your User Content or User Footage will be secure or available at all times.
i. Please note that when User Content, User Footage or other files are deleted, those files will be deleted as soon as reasonable pursuant to Arcivr’s data destruction policies and cannot be recovered by Arcivr or any third-party vendor following deletion.
11. Registration and Security.
a. To register for certain Services, you will create login credentials by providing an email address to us and by selecting a username and password. You will also provide us certain information during the registration process, which you agree to keep accurate and updated. Providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Services, whether or not through the use of agents, is prohibited and constitute a breach of these Terms.
b. Each login credential is for a single User only. You are not allowed to share or disclose your login credentials with any other User or person. We may cancel or suspend your access to the Services if you share your credentials.
c. You will be responsible for all usage and activity on your account, including use of your account by any third party. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms.
d. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
e. You may not violate or attempt to violate the security of the Services. Tampering with any portion of the Services, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Services, whether or not through the use of agents, are prohibited and constitute a breach of these Terms.
f. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (i) accessing data not intended for you or logging onto a server which you are not authorized to access; (ii) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (v) sending unsolicited email, including promotions and/or advertising of products or services; (vi) forging any TCP/IP packet header or any part of the header information in any email or posting; (vii) using or attempting to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available through the Services and other than generally available third-party web browsers; (viii) reverse engineering, decompiling or disassembling the underlying software; (ix) removing any notices, warnings, labels, annotations or instructions from any portion of the Services or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (x) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Services.
g. Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Arcivr may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Services if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
h. When accessing the Services, Users should be aware that the internet is generally not regarded as a secure environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via the internet may be transmitted across international borders even though both sender and receiver are located in the same country. Arcivr does not accept any responsibility or liability for the security of data while in transit via the internet.
a. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Arcivr, and our respective past, present and future employees, officers, directors, consultants, equity holders, suppliers, vendors, Event Hosts, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Arcivr Parties”), from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including attorneys’ fees and expenses) and costs (including court costs, costs of settlement and costs of pursuing indemnification and insurance) (“Losses”), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including Losses that are caused by, arise out of or are related to:
i. your use or misuse of the Services (including the Website and Platform), Arcivr Materials, Arcivr Marks, Tickets or Products;
ii. your violation of these Terms (including any Service-Specific Terms) and any other online or written agreements, applicable laws and regulations;
iii. your violation of the rights of a third party, including holders of intellectual property or proprietary rights in your User Content;
iv. your User Content;
v. your negligence or willful misconduct arising out of relating to your use of the Services, the Arcivr Materials, Arcivr Marks, Tickets or Products.
b. Arcivr reserves the right to take exclusive control and defense of any Claim, and you agree to fully cooperate with us in asserting any available defenses. You may not settle any Claim against Arcivr without the prior written consent of Arcivr.
c. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ARCIVR.
a. THE SERVICES, ARCIVR MATERIALS, TICKETS AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, AND ARCIVR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, QUALITY, NON-INFRINGEMENT OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. ARCIVR MAKES NO WARRANTY THAT THE SERVICES, ARCIVR MATERIALS, TICKETS OR PRODUCTS WILL MEET YOUR REQUIREMENTS, PROVIDE ANY SPECIFIC RESULTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SPEEDY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ARCIVR MATERIALS, TICKETS OR PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU KNOWINGLY WAIVE ANY AND ALL RIGHTS AND PROTECTIONS UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
b. ARCIVR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES (INCLUDING USERS AND EVENT HOSTS). WITHOUT LIMITING THE FOREGOING, IF YOU PURCHASE TICKETS FROM ANY PARTY OTHER THAN ARCIVR, ARCIVR’S TICKETING TERMS DO NOT APPLY TO YOU, AND ARCIVR IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, YOUR TICKETS OR ANY COSTS OR DAMAGES THAT YOU EXPERIENCE IN CONNECTION WITH YOUR TICKETS. ARCIVR DOES NOT GUARANTEE THE AUTHENTICITY OF TICKETS PURCHASED FROM ANY PARTY OTHER THAN ARCIVR. ARCIVR IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY COSTS OR DAMAGES ASSOCIATED WITH FRAUDULENT TICKETS OR THE PURCHASE OF THE TICKET THROUGH THIRD PARTIES (INCLUDING ANY REFUNDS).
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Limitation of Liability
a. You voluntarily assume all risks and danger incidental to the Services (including all events hosted on the Services), Tickets, and Products, whether occurring before, during or after your access to or use of the Services, Tickets or Products, and you waive any claims for personal injury (whether physical or emotional) or death against the Arcivr and all of the Arcivr Parties on behalf of yourself and any accompanying minor.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARCIVR BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), OR ANY DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ARCIVR MATERIALS, TICKETS OR PRODUCTS, EVEN IF ARCIVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SECTION 14(B) APPLIES TO ANY DAMAGES ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. ACCESS TO, AND USE OF, THE SERVICES, ARCIVR MATERIALS, TICKETS AND PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCIVR WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY EVENT HOST OR USER OF THE SERVICES.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARCIVR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS AND (II) ONE HUNDRED U.S. DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
d. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Copyright Infringement.
a. It is Arcivr’s policy to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith any materials accessible on or from our Services infringe your copyrighted work, you may contact Arcivr’s copyright agent (identified below). To be effective, the notification must be in writing and contain the following information:
i. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
ii. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
iii. Your name, address, telephone number and (if available) e-mail address.
iv. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or applicable law.
v. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
vi. An electronic of physical signature of the copyright owner or the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b. Arcivr’s agent for copyright issues relating to this Services is as follows:
515 S. Capital of Texas Hwy., STE 250
West Lake Hills, TX
c. In an effort to protect the rights of copyright owners, Arcivr may terminate, in appropriate circumstances, users of the Services who are repeat infringers.
16. Term and Termination.
a. Except as provided in these Terms, these Terms will remain in full force and effect while you use the Services.
b. Arcivr may terminate these Terms for any reason at any time. We reserve the right to suspend, restrict or terminate your access to and use of the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms, with or without prior notice.
c. Upon termination of these Terms or your access under these Terms, your right to access and use the Services will terminate immediately. You understand that any termination of your right to use the Services may involve deletion of your User Content associated with you from our live databases.
d. Arcivr will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your access to and use the Services or deletion of your User Content.
e. Even after these Terms (or your rights to access and use the Services) are terminated, the following provisions of these Terms will remain in effect: Sections 1-6, 7 (except for 7(b)) and 8-19. We reserve the right to enforce and prosecute any violations of these Terms.
17. Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, regardless of applicable principles of conflicts of laws. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
18. Dispute Resolution; Arbitration.
a. You and Arcivr agree to attempt to resolve any and all disputes, whether contractual or otherwise, arising out of, in connection with, or related in any way to this Agreement or these dispute resolution procedures, including without limitation to this Agreement’s existence, validity, applicability, or termination, expeditiously and by good faith negotiation. If a dispute cannot be resolved by negotiation within thirty (30) days after the date you or Arcivr gives notice to the other of such dispute, then the dispute will be submitted for settlement by binding arbitration in accordance with this section. Disputes will be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC”), administered by International Court of Arbitration of the ICC. The number of arbitrators will be one. The seat, or legal place of arbitration, will be Travis County, Texas. The arbitration proceeding will be conducted in the English language. Enforcement of this agreement to arbitrate will be governed by the Federal Arbitration Act. Judgment upon the award may be entered by any court having jurisdiction over the award or over the relevant party or its assets. You and Arcivr agree that all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential.
b. As the sole exception to this mandatory arbitration provision, you or Arcivr may seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement exclusively from the U.S. federal or the Texas State courts located in the Travis County, Texas, and you and Arcivr hereby submit to the exclusive jurisdiction of such courts and waive any objection to jurisdiction or improper or inconvenient venue. Any request for such, including interim relief in aid of arbitration, will not affect the existence, validity, and effectiveness of this arbitration agreement or the enforceability of arbitral awards pursuant hereto or the jurisdiction of the arbitrator.
c. Class Action Waiver. You and Arcivr acknowledge and agree that all disputes arising out of, in connection with, or related in any way to this Agreement or these dispute resolution procedures, including without limitation to this Agreement’s existence, validity, applicability, or termination will be resolved on an individual basis without resort to any form of class action and will not be consolidated with the claims of any other parties. You and Arcivr further agree to waive, and hereby waive, any right to commence or to participate in any class action or to litigate or arbitrate on a class-wide basis related to any claim.
a. By using the Services, you agree to allow Arcivr to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from Arcivr via the Services, online messaging platform, or e-mail. You also agree to check your alerts, and messages, and the e-mail account reflected on your Arcivr (including spam and bulk folders) on a reasonably regular basis to stay apprised of important notices and information related to the Services. You must undertake to notify Arcivr in the event you change your email address.
b. Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
c. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Other than any written agreement entered into between you and Arcivr that expressly incorporates these Terms, these Terms, along with those other agreements, documents and policies incorporated herein, constitute the entire agreement, written or oral, between the parties hereto.
d. The failure of Arcivr to enforce any provisions of these Terms or to respond to a breach by you or other parties will not in any way waive its rights to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
e. If any provision or provisions of these Terms will be held to be invalid, illegal or unenforceable for any reason whatsoever: (i) the validity, legality and enforceability of the remaining provisions of these Terms (including each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) will not in any way be affected or impaired thereby and will remain enforceable to the fullest extent permitted by law; (ii) such provision or provisions will be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent set forth herein; and (iii to the fullest extent possible, the provisions of these Terms (including each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) will be construed so as to give effect to the intent manifested thereby. The invalidity of a provision, section, paragraph or sentence of these Terms in a particular jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction.
f. You agree that (i) a breach of these Terms may result in irreparable harm to Arcivr such that a remedy at law alone will be inadequate, (ii) Arcivr is entitled to seek equitable relief (including injunction) or any other relief that a court may deem proper, and (iii) you will not raise as a defense or an objection to the request for or granting of such equitable relief that any breach of these Terms is or would be compensable by an award of monetary damages.
g. You may not assign or subcontract any of your rights or delegate any of your obligations under these Terms to a third party without our prior written consent.
h. In interpreting the these Terms, the conjunction “or” will be understood in its inclusive sense (and/or), and use of the words “includes” or “including”, “for example”, or “e.g.” (and their derivatives) will be deemed to be followed with the phrase “without limitation”.
i. No one other than a party to these Terms, their permitted successors and permitted assigns will have any right to enforce the terms of these Terms.
j. If you have any questions or need further information as to the Services provided by Arcivr, or need to notify Arcivr as to any matters relating to the Services, please contact Arcivr at:
515 S. Capital of Texas Hwy., STE 250
West Lake Hills, TX
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.