Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING "The NOKIA Theatre L.A. LIVE" SITE.

By using the "NOKIA Theatre L.A. LIVE" website (the "Site"), you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Site. L.A. Live Theatre, LLC ("we") reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean you accept those changes.

Ownership

All of the content of this Site (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to L.A. Live Theatre, LLC.

Limited License; Restrictions

You are granted a limited license to download the materials contained on this Site to a single personal computer, and to print a hard copy of the materials contained on this Site, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases " L.A. Live Theatre, LLC " must be acknowledged as the source of the material. Use of the materials contained on this Site on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this Site including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights. If you download any software from this Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are subject to the limited license set out above. We and/or our suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

Forums and Public Communication

"Forum" means a chat area, message board, e-mail function, or other area to which you may upload and view/read content, offered as part of the Site. If you participate in any Forum within the Site, you must not:

• defame, abuse, harass or threaten others;
• make any bigoted, hateful, or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous, or indecent language or images;
• advertise or sell to or solicit others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials that contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

It is our policy to respect the privacy of all customers. We may use the consumer information we collect in variety of ways, subject to the terms of our Privacy Policy.

Digital Millennium Copyright Act

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our DMCA compliance process described below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that a user of the Site has posted material(s) that infringe(s) your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content ("Allegedly Infringing Content") or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below ("Counter-Notice"). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Filing a DMCA Notice

To file a DMCA Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.

Your Notice must:

1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, "My copyrighted work is an image that appears at [list profile where material is located].");
2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the "NOKIA Theatre L.A. LIVE" Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to "prove" your claims). The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I 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.";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
7. The Notice must be signed;
8. The Notice must be sent to our DMCA designated agent at the following address:
   
   DMCA Designated Agent
   L.A. Live Theatre, LLC
   [address]
   Tel: 213-763-6030
   Or email to: guestservices@nokiatheatrelalive.com (in the subject line, please write: Attention: DMCA NOTICE).

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA

Your Counter-Notice must:

1. 1. Describe and list all material(s) that were removed by us and the location at which the material(s) appeared before it/they was/were removed. Please provide any unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
2. 2. Provide your name, address, telephone number and email address (if available);
3. 3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States);
4. 4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
5. 5. Include the following statement: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
6. 6. The Counter-Notice must be signed.
7. 7. The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
   
   DMCA Designated Agent
   L.A. Live Theatre, LLC
   [address]
   Tel: [number]
   Or fax to: [number] (on the cover sheet, please write: Attention: DMCA NOTICE).
   Or fax to: [number] (on the cover sheet, please write: Attention: DMCA COUNTER-NOTICE).

Disclaimer

THIS SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. L.A. LIVE THEATRE, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, L.A. LIVE THEATRE, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS SITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS SITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS SITE.

L.A. Live Theatre, LLC explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER L.A. LIVE THEATRE, LLC NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF L.A. LIVE THEATRE, LLC OR ANY OF ITS DIRECTORS, EMPLOYEES, AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Indemnification

You agree to defend, indemnify and hold harmless L.A. Live Theatre, LLC and its directors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Site; any material you post, upload, e-mail or otherwise transmit using the site; or your violation, breach or alleged violation or breach of these Terms of Use.

Links from this Site

This Site contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from this Site. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Amending the Terms and Conditions of Use

We may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this Site apply as soon as they are shown. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use this Site, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Governing Law

Those who choose to access this Site do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the California State Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of California (subject to appeal) and, by using this Site, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

Miscellaneous

Any waiver of any provision of these terms must be in writing signed by us to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.