Terms of Service
Legal
Last updated : 01/27/2023
The following Terms of Service (“Terms”) apply to all services provided by this platform https://www.lineup.art (“Platform”).
For the purpose of the Terms set out herein, “You” or “Your” or “” shall mean any natural or legal person or entity that has agreed to become a Member on this Platform by creating an account and through registration. The Term “Company”, “We” or “Us” shall mean Line up Art, Inc.
These Terms of Service are entered into by and between the You and Company. Your access and use of the https://www.lineup.art, including any content, functionality, and services offered on or through https://www.lineup.art, irrespective of whether you are considered a Member or not are subject to the terms and conditions set out here in (“Terms of Service”), ad well as our Privacy Policy.
All content on the Platform, including all posts, events, or any other content, is for informational purposes only and is not intended to be deemed advice or endorsement of any Member. All transactions processed through the Platform are at your own risk. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by others, bloggers, and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This Platform is offered and available to Users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
1. Changes to the Terms of Service
1.1. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on before the date the change is posted on the Platform.
1.2. Your continued use of the Platform following the posting of revised Terms means that the Terms are deemed accepted by you. In the event that the terms are no longer acceptable by you then you should immediately cease using these services.
2. About the Services
2.1. This Platform merely provides an online marketplace for consumers, Users [event organizers and promoters], whether guest or registered to carry out the following activities:
- Allow event organizers to create individual profiles to promote and list/submit music events
- Allow organizers to link events and event-related websites to their event pages and promote such pages to Users and Members of the Platform
- Assist organizers in marketing their events to the relevant consumers
- Assisting Users in discovering relevant events to attend
- Providing the tools and means for organizers to create, manage, promote and host their events.
2.2. Members of the platform and Users are solely responsible for transactions between them. Nothing herein contained shall constitute a partnership between or joint venture between the Company, Members or visitors of the Platform hereto or constitute any party the agent of the others. No party shall hold itself out contrary to the terms of this Section and no party shall become liable by any representation, act or omission of the other contrary to the provisions hereof. This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not.
2.3. Line Up Art. Inc, does not create, organize or host the events listed on the Platform. The organizers of such events are solely responsible for ensuring that their event page and the event itself is in compliance with all applicable laws and that any products or services that are listed on the organizer’s pages are in accordance with the respective description on the event page.
3. Registration, Profile Set Up, Authentication and Access
3.1. In order to access the Platform, you need to create an account, thereby registering as a Member. You must keep all personal information provided upon registration confidential. We have the right to treat any action carried out through the use of your account as being carried out by you. In the event that you discover an unauthorized use of your account, then you must notify us immediately. You represent that all information you provide upon creating a profile and accessing the Platform and at any time thereafter will be true, accurate, complete and current and that you will promptly update such information as necessary so that it is, at all times, true, accurate, and up to date.
3.2. In order to access the Platform with your account information, you will be required to input a one-time password (OTP), which will be sent to you via SMS or e-mail. You acknowledge that the mobile service provider may not allow you to receive the OTP via SMS if you are abroad or using an overseas mobile service network. In addition, service charges may be levied by the service provider for receiving the OTP.
3.3. Delivery of the OTP via SMS may be subject to delayed transmission due to the traffic over the network of your mobile service provider.
3.4. Any personal data used to create an account will be stored in the Members own account and only information such as Username may be extracted for use within the Platform.
3.5. If you choose, or are provided with, a Username, an OTP or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your Username, OTP, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Username or OTP or any other breach of security.
3.6. We have the right to disable any Username or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Service.
4. Intellectual Property Rights
4.1. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. Through the Platform, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license solely to be used in connection with the Service and subject to all terms and conditions of the Terms herein as they apply to the Services.
4.3. These Terms of Service permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Platform for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-User license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
4.4. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to [email protected]
4.5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of such and may violate copyright, trademark, and other laws.
5. Trademarks
5.1. The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. Your use of our Platform does not grant you ownership rights of any kind of our Platform. Company is licensed to use the rights in the contents uploaded by the Members/Users.
6. Prohibited Uses
6.1. You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk," "chain letter," "spam," or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or Users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose,
- including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Otherwise attempt to interfere with the proper working of the Platform.
7. Third Party Websites
7.1. Our Platform may contain links to other third-party websites. When linking to those third-party websites, you are subject to the terms posted by those third-party websites, including any privacy policy. We are not responsible for, nor do we control, the content, products, or services provided by any linked third-party websites. We do not endorse or guarantee the products, information, services, or recommendations provided by linked websites and are not liable for any failure of products or services advertised on those websites. In addition, each third-party website may provide less security than we do and may have a substantively different privacy policy. You should review the security and privacy policies of such third-party websites. Your access, use, and reliance upon such content, products, or services are at your own risk.
7.2. In the event that the Platform includes links to third party sites; you may link to such third-party websites as the User of this Platform. The third-party sites are not under the control of Line up Art, Inc. and Line up Art, Inc. is not responsible for the contents of any third party website, any links contained in the third party’s websites. Line up Art, Inc. is providing these links to third party websites to you only as a convenience and is not responsible for any kind of loss/ damage arising out of it. Accordingly, you acknowledge and agree that Line up Art, Inc. is not responsible for the availability, content, accuracy, advertising, offers, products or services that are provided on such websites or resources.
8. Posted Content
8.1. The Platform may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display, or transmit to other Users or other Members (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
8.2. By providing any User Contribution on the Platform, you grant us the right to make such User Contributions available on the Platform. This includes, in particular, the right to storage, public access, configuration, formatting, technical processing, transmission and display of the content on any device, including mobile devices (and all processing necessary for the display on such mobile devices).
8.3. For any contents posted/uploaded/submitted by you, actions undertaken on any/all services under your account, you hereby voluntarily grant to Company and to its Members/Users and third parties a worldwide, sublicensable, irrevocable non-exclusive royalty free, perpetual, transferable right without additional consideration to you or any third party to use and license others to a) use, reproduce, disclose, exhibit, communicate to public, display, transform, edit, translate, adapt, create derivative works, publish, publicly perform, distribute or transmit the contents as per our requirements without limitation or restriction with or without having your name attached/attributed/displayed/assigned to such contents; b) exercise trademark, publicity and other related rights concerning the contents c) use your content for promotional or other business purposes related to the Platform, Platform-related services and artists. For the avoidance of doubt, nothing in these Terms of Service shall be deemed to authorize you for the use of any content posted or submitted or owned by Company, its Members, Users or artists. This license shall survive the termination of the agreement herein.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Service
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- All your content complies with all applicable local, state, provincial, national and other rules and regulations and does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User or Member of the Platform.
9. Monitoring, Enforcement and Termination
9.1. We reserve the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to User Contributions that we deem necessary or appropriate in our sole discretion including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- However, we do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.
- Deny access to and use of the Platform at any time in our sole discretion and without notice or liability to you or any third-party. We are not required to provide you with any notice or warning prior to such termination.
10. LEGAL DISCLAIMER
10.1. Notwithstanding anything to the foregoing, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, the Company with respect to such actions or omissions. Furthermore, you agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with any Members or other third parties you find on the Platform. If there is a dispute between you and any Member or third party, you understand and agree that we are under no obligation to become involved and you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and / or the services offered through our Platform.
11. Disclaimer of Warranties
11.1. The Company is not responsible for any incorrect or inaccurate Content published on the Platform, including content published by Members. The Company is not responsible for the conduct, whether online or offline, of any User of the Platform. The Platform may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Platform. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Platform. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or property damage, of any nature whatsoever, resulting from anyone's use of the Platform or any content published on the Platform. THE PLATFORM AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM.
11.2. Further, you acknowledge and agree that Company is not liable for the acts, omissions and conducts of any event organizers, promoters or third-party USERs on the Platform or otherwise your use of it or the safety, quality and legality of any event or content posted regarding any such event. We are not responsible for the products, services, actions, omissions of any venue, organizer or promoter or any third-party person that is referenced on our Platform.
12. Limitation of Liability
12.1. WITHOUT LIMITING ANYTHING ELSE HEREUNDER, IN NO EVENT WILL THE COMPANY, EVENT ORGANIZERS, PROMOTERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR ALL TRANSACTIONS FACILITATED BY THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES; AND (B) FIVE HUNDRED DOLLARS ($500). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Indemnity
13.1. You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss (including consequential loss), liability, claim, cost, expense, damage or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
- your breach of any representations or warranties made by you hereunder or your breach of any term of these Terms of Service;
- your use of the Platform in violation of these Terms of Service; or
- your violation of any law or the rights of a third party.
14. Governing Law and Jurisdiction
14.1. This agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New York.
15. Privacy Policy
15.1. Line Up Art, Inc. has adopted a Privacy Policy that governs the use of any personal information collected through the Platform.
15.2. Please refer to the Privacy Policy available athttp://www.lineup.art/privacy for clarification and detailed information on the type of personal information we collect from you, how and why we collect, store, and share such information, your rights regarding gathered information. Violation of Line Up Art, Inc.’s Privacy Policy shall constitute a violation of the terms set out herein.
16. EU Consumer Amendments
If you are a USER/consumer based in the European Union who is an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession, while making use of the services provided by the Platform, then the following amendments to the corresponding provisions herein apply to you:
1. Disclaimer of Warranties provision set out in Section 11 of the Terms of Service herein is deleted and replaced with the following:
a. Line up Art. Inc uses commercially reasonable efforts to provide the services without interruptions and such that transmissions are error-free. However, by nature of the Internet, this cannot always be achieved. In addition, Line up Art Inc may take some or all of the services down for planned repair or maintenance from time to time. We will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
b. Line up Art. Inc does not assume any warranty for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Line up Art. Inc has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-organizers’ and organizers’) content or listings, and Line up Art. Inc is not affiliated with, and has no agency or employment relationship with, any third party service provider used by Users in conjunction with the Services, and Line up Art. Inc has no responsibility for the acts or omissions of any such third parties.
2. Limitation of Liability provision set out in Section 12 of the Terms of Service does not apply to (a) any damages caused by any personal injury or death caused by Line up Art, Inc.’s negligence, and (b) any damages caused by Line Up Art. Inc’s gross negligence or intentional misconduct, in each case, for which Line up Art, Inc’s liability shall be unlimited. In addition, for failing to discharge obligations the nature of which is essential to the performance of the Services and the purposes of the Terms of Service, Line up Art, Inc.’s liability shall be subject to Section 8.1 (Limitation of Liability) of the Terms of Service, but the limits shall be amended to include typical and foreseeable damages arising from such failures. The provisions of the German Product Liability Act remain unaffected.
3. The following Right of Withdrawal provision is hereby added as a Section 16 solely for its application to European Consumers, who are organizers that are consumers. This shall mean individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the services.
a. Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section. Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this Section.
b. To exercise their right of withdrawal, Users must send us an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
c. Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the has waived the withdrawal right. s who correctly withdraw from a contract will be reimbursed by the User for all payments made to the Company including, if any, those covering the costs of delivery.
d. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Company, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Company is informed of the ’s decision to withdraw from the contract. Unless otherwise agreed with the , reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
e. Where a exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the shall pay to the Company an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon and be proportional to the part of service provided until the time the withdraws, compared with the full coverage of the contract.