Date of Last Revision: Feb 05, 2007
The following describes the terms by which Locobuzz, Inc., owner and creator of the Locobuzz service, offers you access to our website, platform and services:
Locobuzz, LLC. ("Locobuzz") provides an array of online resourcing, including but not limited to event listings, calendar tools, group profiles, user profiles, video, comments, links, tags, video, and ticket sales, (collectively hereafter as "the Service") subject to the following Terms of Use ("Terms"), which Locobuzz may update from time to time. Locobuzz will provide notice of materially significant changes to the Terms by posting notice on the Locobuzz website. You can review the most current version of the Terms at: http://www.locobuzz.com/terms.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Locobuzz services, you agree to abide by any applicable posted guidelines for all Locobuzz services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. If you violate these Terms, Locobuzz may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Locobuzz does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of Locobuzz. Locobuzz makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Locobuzz be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Locobuzz does not pre-screen or approve Content, but that Locobuzz shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Please review the Purchase Policy, which will govern your order or purchase of any tickets through the Site.
You are solely responsible for your conduct and any Content that you submit, post, and display on the Service. You are responsible for any activity or Content associated with your screen name. You are responsible for keeping your password secure. You must be 13 years of age or older to use the Service. You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way. You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability You must not submit Content that impersonates any person or entity, including, but not limited to, an Locobuzz employee, or falsely states or otherwise misrepresents your affiliation with a person or entity. You must not submit Content that includes non-public personal or identifying information about another person without that person's explicit consent. You must not submit Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch". You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Locobuzz. You must not create or submit unwanted email to any Locobuzz users ("SPAM"). You must not create or submit intentionally false or misleading information. You must not transmit any worms or viruses or any code of a destructive nature. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must get express authorization from Locobuzz before you can use any portion of the Service, including any Content or use of Locobuzz's API, for any commercial purpose. Violation of any of these terms will result in the termination of your Locobuzz account. While Locobuzz prohibits such conduct and content on its site, you understand and agree that Locobuzz cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.
Although Locobuzz cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
We reserve the right to modify or terminate all or any portion of the Service for any reason, without notice at any time. We reserve the right to alter these Terms of Use at any time, effective immediately upon posting on the website. Please check this page of the site periodically. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
Although Locobuzz does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Locobuzz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Locobuzz's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyright at locobuzz.com, or: Copyright Agent Locobuzz, Inc. 9191 Towne Centre Drive, Suite 125 San Diego, CA 92122 USA Please provide our Agent with the following Notice: 1.Identify the copyrighted work or other intellectual property that you claim has been infringed. 2.Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website. 3.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 4.A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. 5.Your address, telephone number, and email address and 6.Your physical or electronic signature. Locobuzz's Agent will forward this information to the alleged infringer.
Locobuzz has established a Privacy Policy to explain to users how their information is collected and used, located at http://locobuzz.com/privacy.php. Your use of Locobuzz's website(s) or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Locobuzz may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time-stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Locobuzz, its users, or the general public.
You understand and agree that sending unsolicited email advertisements to Locobuzz email addresses or through Locobuzz computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers. Any unauthorized use of Locobuzz computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties. No area of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to this Site or Locobuzz's other services, or cancel a ticket order or ticket with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms or Locobuzz's rights, or utilizing automated means to process or place ticket orders, or who has ordered a number of tickets that exceeds the stated limit. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Locobuzz. Illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. It shall be a violation of these Terms to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from Locobuzz, or from the fan club or other organization with whom Locobuzz is working to enable such presale or offer).
You understand and agree that in Locobuzz's sole discretion, and without prior notice, Locobuzz may terminate your access to the Site, cancel your ticket order or tickets acquired through your ticket order, or exercise any other remedy available and remove any unauthorized User Content, if Locobuzz believes that your conduct or the conduct of any person with whom Locobuzz believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through Locobuzz, violates or is inconsistent with these Terms or the law, or violates the rights of Locobuzz, a client of Locobuzz or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Locobuzz for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Locobuzz is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of Locobuzz's rights.
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Locobuzz DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Locobuzz DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Locobuzz DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL Locobuzz BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Locobuzz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Locobuzz, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Locobuzz and govern your use of the Service, superseding any prior agreements between you and Locobuzz. The Terms and the relationship between you and Locobuzz shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Locobuzz agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Locobuzz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse at locobuzz.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
