Terms & conditions

                                    SITE TERMS AND COOKIE POLICY

Last revised: September 4, 2024

By using the website https://localshows.com  operated by LocalShows.com (“Company”, “Our,” “We”, or “Us”), Our website (“Site”), associated mobile application and all services provided in connection therewith (“Services”) You (“You”) agree to abide by these Site Terms (“Terms”).  These Terms may be Amended from time to time at Our sole discretion. These Terms are also provided in conjunction with Company’s Privacy Policy, and all other operating rules, policies, procedures, or requirements that may be published on the Site by Company from time to time, which are incorporated herein by reference.

1. BINDING EFFECT. This is a binding agreement. These Terms apply to every user or visitor of the Site. Company will post a notice on the Site any time these Terms have been changed or otherwise updated. It is Your responsibility to review these Terms periodically, and if at any time You find these Terms unacceptable, You must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SITE AND SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, OR ARE AT LEAST 13 YEARS OLD AND ARE USING AND ACCESSING THIS SITE WITH THE CONSENT OF YOUR PARENTS AND/OR LEGAL GUARDIANS. We reserve the right to refuse use of the Site to anyone and to reject, cancel, interrupt, remove or suspend the availability of the Site at any time for any reason without liability.

2. COOKIE Policy. 

Under the California Consumer Privacy Act (CCPA), California residents have the right to tell us not to sell or share their personal information. Company does not sell your personal information as the term is commonly understood. But we do allow some advertising vendors to use your personal information for internet-based marketing that may be considered “selling” or “sharing” under the CCPA.

You may opt out of the “sale” and “sharing” of your personal information as defined in California using the option below. We also offer the option to opt out of “sales” and “sharing” to users in locations with rights to opt out of those activities as defined in their states. This opt out is specific to this browser on this device, so you will need to opt out again if you: 1) later clear your cookies, or 2) visit this site from a different browser or device.

This Cookie Policy explains how Company collects and processes information about you or your device on Company’s websites (the “Company Sites”) through our use of cookies.  

GDPR Compliance (for EU/EEA Users): In addition to complying with the California Consumer Privacy Act (CCPA), we also adhere to the General Data Protection Regulation (GDPR) for users located in the European Union (EU) and European Economic Area (EEA). Under the GDPR, you have certain rights regarding the collection, use, and sharing of your personal data. These rights include the right to access, correct, delete, and restrict processing of your personal information, as well as the right to data portability and the right to object to processing. You also have the right to withdraw consent for data processing at any time where consent is the legal basis for such processing.

If you are located in the EU/EEA and wish to exercise any of these rights, or if you have any questions or concerns about how we handle your data, please contact us at info@localshows.com . You also have the right to lodge a complaint with your local data protection authority if you believe your rights under GDPR have been violated.

For more details on how we collect, process, and store your data, please refer to our Privacy Policy.

Cookies are small text files that can be stored on and accessed from your device when you visit a website. They may include a unique identifier that distinguishes your computer or mobile device from other devices. In addition to cookies, we may use other technologies to track your use of the Company Sites, such as pixel tags and web beacons. Web beacons are electronic images that are contained within a website. When your browser opens a webpage that contains a web beacon, it automatically connects to the web server that hosts the image (typically hosted by a third-party). This allows that web server to log information about your device and to set and read its own cookies. We also include web beacons in our promotional email messages or newsletters to tell us if you open and act on them.

We use the term “cookies” to refer generally to all of these technologies that may collect information automatically when you visit the Company Sites. Cookies are common, and serve many purposes, such as letting you navigate between webpages efficiently, remembering your preferences, and generally improving your user experience.

Cookies can be “persistent cookies” that remain on your hard drive until they expire or are deleted, or “session cookies” that are deleted from your hard drive when you close your browser. Cookies can also be “first-party cookies” which are set by us, or “third-party cookies” which are set by others.

We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate the Company Sites and related online services and to help collect data, including other identifiers and device information and usage data.

For further information on cookies, including how to see what cookies have been set on your device and how to manage or delete them, visit www.allaboutcookies.org.

Company may also use e-mail tracking technologies to monitor the success of e-mail campaigns it operates (for example, recording how many e-mails in a campaign were opened). If you do not want us to track emails we send you, some email services let you change your display to turn off HTML or disable download of images and exercising these rights should effectively disable our email tracking. In addition, you may also unsubscribe from our marketing emails as described in those emails.

The iOS and Android operating systems provide options to limit tracking and/or reset device advertising IDs. Please consult the settings on your device to exercise this choice.

In addition to “Do Not Track”, there are many ways that web browser signals and similar mechanisms can indicate your tracking choices, and we may not be aware of nor honor every mechanism.

Certain state privacy acts require us to tell you if we have sold your personal information to third parties in the past 12 months and how to opt-out of future sales. Because they may consider IP address, cookie IDs, and mobile IDs “personal information” and defines “sale” to include simply making data available to third parties, we are providing this notice to give you additional information. We let advertising providers collect IP addresses, cookie IDs, mobile IDs through our sites and apps when you use our online services, and their use of that information when providing us services may constitute a sale of personal data. We do not “sell” any other types of personal information.

You can opt-out from any sharing of your personal information with third parties if that sharing constitutes a “sale” of that data. You can opt out of this type of information sharing by opting out of third-party Advertising cookies as noted above.

Note that although we will not “sell” your personal information after you opt out of Advertising cookies, we will continue to share some personal information with our partners (acting as our service providers) to help us perform advertising-related functions such as measuring the effectiveness of our ads, managing how many times you see an ad, managing and reporting on ad performance, providing aggregate statistics and analytics, and/or reducing ad fraud. Further, updating your cookie preferences will not necessarily opt you out of the use of previously collected personal information by these cookies or stop all interest-based advertising. Please note that your cookie preferences are domain- and browser-specific. This means that if you visit other Company domains, or replace or upgrade your browser, use another browser (or device), clear your browser’s cookies, or set your browser to refuse third-party  

We may change these Site Terms at any time, and any such changes will be effective when we post the modified version on the Company Sites, unless otherwise required by applicable law.

If you have any questions regarding these Site Terms, please email Company at info@localshows.com. 

Shows in the US Inc.

7706 Melrose Ave

Los Angeles CA 90046

Company is committed to providing an accessible experience to our customers and the public, regardless of background, nationality, race, ethnicity, gender, gender identity, sexual orientation, disability status, veteran status, or other similarly protected characteristics. This Company Digital Accessibility Statement concerns our commitment to providing access to persons with disabilities. Please also see our Nondiscrimination Statement.

Reasonable Accommodations

Individuals who need a reasonable accommodation to access Company’s services and information should send an email to info@localshows.com or send a letter addressed to: Tourism Review LLC, 101 Hudson Street, Jersey City, NJ 07302 to provide information about the nature of the requested accommodation. Requesters must include contact information such as an email address or telephone number at which they can be reached. Depending on the nature of the request, Company may need sufficient notice to provide a reasonable accommodation.

Online Accessibility

Company strives to provide an accessible digital experience for our users. The Web Content Accessibility Guidelines (WCAG) defines requirements for website providers to improve online accessibility for people with disabilities. Company has voluntarily undertaken efforts to comply with, and in some cases exceed, the WCAG Guidelines 2.1 Level AA, and employs formal accessibility quality assurance methods to ensure accessibility of Company’s digital platform.

Our efforts to improve online accessibility are ongoing. In the event that a user with a disability experiences accessibility issues with our website or mobile application, please notify us by sending an email to info@localshows.com or send a letter addressed to:  7706 Melrose Avenue, Los Angeles, California 90046. In your communication to us, please specify the nature of the accessibility difficulty, including the web address or mobile application that may have presented an accessibility challenge.

Third-Party Websites and Elements

Company's website may contain sections or links to webpages that are hosted or controlled/powered by third parties, or engage third party plugins or services. WCAG compliance for these sections will be controlled by these third party providers, not by Company. Company does not make representations with regard to the accessibility of third-party websites and may not be able to remediate accessibility barriers on such websites. However, Company continually works to identify and adopt more accessible alternatives to such sections and sites wherever feasible.

1. JURISDICTION. By using this Site, and/or registering with the Site, You consent to the personal jurisdiction over You by the State of California and waive all defenses asserting improper service, lack of personal jurisdiction, forum non conveniens, or any similar defense that challenges the personal jurisdiction of the State of California over You. 

2. CHOICE OF LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the State of California in all disputes arising out of or related to the use of the Site.

3. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

4. NO LICENSE. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

5. JURISDICTIONAL LIMITATIONS. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

6. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to these Terms, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revisions.

7. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

                                         USER TERMS OF SERVICE

 Last revised: September 4, 2024 

By using the site https://localshows.com, the associated mobile application LocalShows, and all other affiliates sites operated by LocalShows.com (“Company”, “Our,” “We”, or “Us”), Our website and associated mobile application (“Platform”) or any services provided in connection therewith (“Services”) You (“You”) agree to abide by these  User Terms of Service (“Terms”). These Terms may be amended from time to time at Our sole discretion. These Terms are also provided in conjunction with Company’s Privacy Policy, Platform Terms, and all other operating rules, policies, procedures, or requirements that may be published on the Platform by Company from time to time, which are incorporated herein by reference.

1. BINDING EFFECT. This is a binding agreement. These Terms apply to every user that registers with Company’s Platform. Company will post a notice on the Platform any time these Terms have been changed or otherwise updated. It is Your responsibility to review these Terms periodically, and if at any time You find these Terms unacceptable, You must immediately leave the Platform and cease all use of the Service and the Platform. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, OR ARE AT LEAST 13 YEARS OLD AND ARE USING AND ACCESSING THIS PLATFORM WITH THE CONSENT OF YOUR PARENTS AND/OR LEGAL GUARDIANS.  We reserve the right to refuse use of the Platform to anyone and to reject, cancel, interrupt, remove or suspend the availability of the Platform at any time for any reason without liability.

2. ELIGIBILITY. You agree that You are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes pursuant to embargoes by the Office of Foreign Assets Control or otherwise; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, including the U.S. Export Administration Act, or other economic sanction rules of any sovereign nation. If not, You are not permitted to use this Platform in any respect. 

3. PRIVACY POLICY. Company respects Your privacy and permits You to control the treatment of Your personal information. A complete statement of Company’s current privacy policy can be found on Company’s website. Company’s privacy policy is expressly incorporated into this Agreement by this reference. By using the Platform, You agree to Company’s privacy policy as well as these terms. 

4. USE OF PLATFORM AND SERVICE. You are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to use the Platform and Services by Company  except where prohibited by applicable laws. Company does not transfer either the title or the intellectual property rights of the Platforms to You in any respect. All trademarks, trade names, marks, brands, logos, and other intellectual property are owned by Company or its licensors and You may not copy or use them in any manner except as otherwise specifically authorized.  Your Use of the Platform and Service is subject to reasonable usage, as solely determined by Company. Company may terminate your use of the Platform and Service at any time.

4.1 User Accounts. Company provides its Platform/App/platform to permit bands, artists, and venues to promote and showcase their live performance shows to users.  You authorize Company, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your identity, associated band/group/artist or venue affiliation if applicable, email address, subject to applicable law. 

4.2 User Accounts. Each person who uses our Services must register for their own Account with a username and password or through OTP or other third party verification services You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User.

4.3 User Content. User acknowledges and agrees that any content, data, information, or materials (collectively, "User Content") uploaded, inputted, or otherwise transmitted to the Platform by User shall remain the sole responsibility of User. Company shall not be responsible for, and expressly disclaims any liability arising from, any User Content, including but not limited to any personal, proprietary, confidential, or sensitive data. User represents and warrants that User has all necessary rights, licenses, and consents to upload, input, or transmit such User Content and that the use of such User Content by Company in accordance with these Terms and Conditions does not and will not infringe, misappropriate, or violate any third party's rights, including but not limited to intellectual property rights, privacy rights, or any other legal rights.

User further acknowledges and agrees that Company does not control, verify, or endorse the User Content and disclaims any responsibility for the accuracy, integrity, quality, legality, or appropriateness of any User Content. User assumes all risks associated with the uploading, inputting, or transmitting of User Content to the Platform, including any reliance on the accuracy, completeness, or usefulness of such User Content. Company shall not be liable for any loss, damage, or harm resulting from the disclosure, misuse, or unauthorized access to any User Content uploaded, inputted, or transmitted by User.

By uploading, inputting, or transmitting User Content to the Platform, User grants Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation, promotion, and improvement of the Service. User agrees to indemnify and hold harmless Company from any claims, damages, losses, or liabilities arising out of or related to any User Content, including any claims that such User Content infringes, misappropriates, or violates any third party's rights.

User is solely responsible for maintaining the confidentiality and security of any account credentials, including usernames and passwords, and for all activities that occur under their account. Company shall not be liable for any unauthorized access to, or use of, User's account or User Content.

4.4 Prohibited Uses.You are prohibited from violating or attempting to violate any security features of the Platform, including, without limitation:

a) copying, renting, leasing, selling, redistributing, reproducing, the Platform, nor any component thereof;

b) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; 

c) attempting to probe, scan, or test the vulnerability of the Service, the Platform, or any associated system or network, or to breach security or authentication measures without proper authorization; 

d)  interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” 

e) using the Platform to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; 

f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or 

g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce, underlying ideas, or algorithms, or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Platform;

h) taking any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;

i) interfering or attempt to interfere with the proper working of the Service or any activities conducted on the Service; 

j) bypassing any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); 

k) running Mail-list, Listserv, or any form of auto-responder or "spam" on the Service; 

l) using manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform; and/or

m) collecting any other user’s personal, contact, demographic, or other information.

n) Impersonating any individual, band, artist, venue, company, or brand. 

Any violation of system or network security may subject You to civil and/or criminal liability.

5. LAW ENFORCEMENT. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws. We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or the Platform when requested.

6. DMCA and COPYRIGHT INFRINGEMENT. 

6.1 ALLEGED DMCA/COPYRIGHT VIOLATIONS. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Platform or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Platform user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. 

If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, whether in connection with the Digital Millennium Copyright Act of 1998 (DMCA), You must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to Company’s designated agent by mail and email at:  info@localshows.com.  

 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

6.2 COUNTER-NOTICE. If You believe that Your material has been removed or disabled by mistake or misidentification, You may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from Your receipt of Our notice of infringement: a) a physical or electronic signature of the owner or authorized user of material; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c) a statement made under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and d) Your name, address, telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, and  that You will accept service of process from the Complainant or an agent of such person. If You fail to provide required information or follow this process, You may waive Your rights. If You have any questions regarding Your legal rights and legal obligations, You should consult with an attorney.

7. ALLEGED VIOLATIONS. Company reserves the right to terminate Your use of the Service and/or the Platform. To ensure that Company provides a high quality experience for You and for other users of the Platform and the Service, You agree that Company or its representatives may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Platform or the Service. Company reserves the right to terminate Your access to the Platform immediately, with or without notice to You, and without liability to You, if Company believes that You have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Platform or the Service by others.

8. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE PLATFORM AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PLATFORM OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. The Company, and its directors, officers, members, managers, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Platform will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet Your requirements. Your use of the Platform is solely at Your own risk. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Platform or any website linked to the Platform. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Platform, or otherwise connected with Your use of the Platform. 

YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. WE SPECIFICALLY DO NOT WARRANT THAT THE CONTENT ON THE PLATFORM IS ACCURATE, RELIABLE OR CORRECT. YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES YOU ENCOUNTER THROUGH USE OF THE PLATFORM, SERVICES OR APPLICATIONS. WE DISCLAIM ALL LIABILITY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT WE OWE NO DUTY OF CARE TO YOU AND WE DISCLAIM ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY. WE EXERCISE NO CONTROL OVER USER CONTENT AND WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM THE ACTS OR OMISSIONS OF US OR ANY THIRD PARTIES. WE DISCLAIM ALL LIABILITIES AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION WHETHER BY US OR ANY THIRD PARTIES. WE DISCLAIM ALL LIABILITIES ARISING OUT OF ANY THIRD PARTY’S ACTS OR OMISSIONS, OF EVERY KIND AND NATURE, WHETHER FORSEEABLE OR NOT. 

9. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY OTHER SERVICES PROVIDED TO YOU BY OR THROUGH COMPANY, exceeding ten dollars ($10.00.) This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

10. RELEASE. IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE PLATFORM AND SERVICE, YOU HEREBY AGREE TO RELEASE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, CO-BRANDERS, OTHER PARTNERS, EMPLOYEES, AND ALL LICENSEES AND DESIGNEES OF COMPANY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ALL CONTENT PROVIDED RELATING THERETO. 

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CIVIL CODE 1542 AND ANY OTHER SIMILAR LAW OR STATUTE OF ANY OTHER STATE, WHICH SAYS, IN SUBSTANCE:

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.

11. ECPA NOTICE. Pursuant to the Electronic Communications Privacy Act (18 U.S.C. §§ 2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE PLATFORM OR ANY WEBPLATFORM LINKED TO THE PLATFORM. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Company’s equipment, transmitted over networks accessed by the Platform, or otherwise connected with Your use of the Service.

12. AFFILIATED PLATFORMS. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Platform. Because neither Company nor the Platform has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Platform, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern Your use of any and all third party content in connection with, arising out of, or relating to the Platform.

13. INDEMNITY. You agree to indemnify Company for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Platform, Your violation of these Terms, or Your infringement of any intellectual property or other right of any person or entity and all violations of state, federal, local, or foreign law caused by or arising out of Your acts or omissions. Company will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable cooperation, at Your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. All contents of Platform are copyrighted to Company. All rights are reserved.

15. TRADEMARKS. The trademarks, service marks, and logos of Company (the "Company Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Company Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage Company, any third party or Company’s or third party's products or services, or in any manner (in Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure to Company’s benefit.

16. NOTIFICATION. You agree that We may provide notifications to You via email, written or hard copy notice, or through conspicuous posting of such notice on Our Platform. You may opt out of certain means of notification or to receive certain notifications.

17. JURISDICTION. By using this Platform, and/or registering with the Platform, You consent to the personal jurisdiction over You by the State of California and waive all defenses asserting improper service, lack of personal jurisdiction, forum non conveniens, or any similar defense that challenges the personal jurisdiction of the State of California over You. 

18. CHOICE OF LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the State of California in all disputes arising out of or related to the use of the Platform.

19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE. Nothing contained on the Platform should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

21. JURISDICTIONAL LIMITATIONS. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in other locations. Your use of or access to the Platform should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

22. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Platform and/or the Service; and (c) discontinue the Platform at any time. Company shall post any revision to these Terms of Use to the Platform, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Platform periodically to be aware of any revisions. You agree that, by continuing to use or access the Platform following notice of any revision, You shall abide by any such revisions.

23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.