Cabo en Vivo Terms of Service
Last Updated: December 4th, 2019
Welcome to Cabo en Vivo! Please read these Terms of Service (the “Terms”) carefully because they govern your use of our services, accessible via our website located at https://www.caboenvivo.com/ (the “Site”) and via our ticketing service provider (“LaneOne”)’s mobile device application (“App”), which enable you to discover and attend the Cabo en Vivo live entertainment event. The Terms govern the use of the Site, the App, and the features and services that may be provided in connection with the Site and App (collectively, “Services”) of Cabo en Vivo (“Cabo en Vivo”, “we”, “us”). Cabo en Vivo ticket holders are also subject to the terms found here.
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. Modifications may be made either by posting the modified Terms on the Site or the App or through other communications. Modifications will be effective immediately upon posting of the revisions on the Site or the App. It’s important that you review the modified Terms because if you continue to use the Services after we have posted modified Terms on the Site or the App, you’re indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
YOU MAY USE THE SERVICES ONLY IF YOU ARE 13 YEARS OR OLDER AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to these Terms on your behalf.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or the App.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services; Payment Terms
Through the Services, you’ll be able to find sports, music, and various other activities (each such activity, an “Event”) hosted and operated by third parties at various locations (each such location, a “Venue”) in different cities. You don’t need an Account to browse and view Events via the Services however you do need to register and create an Account in order to buy tickets and to use some other features of the Services. Certain Events require you to purchase a ticket to attend the Event (“Paid Events”). When you find a Paid Event that interests you, you can purchase a ticket for that Paid Event through the Services. LaneOne’s third party payment service provider will charge your credit card for your purchase. The price of a ticket purchased through the Services, and charged to your credit card, may include (a) the cost of the Paid Event per person, as posted on the Services at the time you initiate your purchase; as well as (b) a service charge, payable to LaneOne for arranging and servicing your ticket package purchase. When you make a purchase through the Services, you represent that: (i) any credit card information you supply is true and complete; and (ii) you’ll pay the charges incurred by you at the posted prices, including any applicable taxes. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. For a transaction that you have previously authorized, you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets through our Services. Should you do so, your ticket packages may be cancelled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using our Services. You are solely responsible for ensuring that you have selected the correct Paid Event for which you are purchasing a ticket. Except as otherwise stated in Cabo en Vivo’s Refund Policy located at https://www.laneone.com/experiences/eagles-cabo-en-vivo-refund-policy, after your purchase of a ticket package for a Paid Event is processed, the transaction is final, and Cabo en Vivo will have no liability for any disputes related to tickets purchased through the Services.
Venue owners may have additional terms and conditions governing your attendance at an Event and you agree to comply with any such terms and conditions when you attend Events. If an Event has been overbooked and is sold out, your ticket will be canceled and we will refund you the amounts for the tickets you purchased pursuant to our Refund Policy located at https://www.laneone.com/experiences/eagles-cabo-en-vivo-refund-policy. The preceding sentence shall be your sole and exclusive remedy for your ticket package’s cancellation by us.
Force Majeure Events
Upon the occurrence of an Event cancellation including but not limited to, events outside Cabo en Vivo's control, acts of God, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), Cabo en Vivo shall, at its sole and absolute option (a) have the right, but not the obligation, to issue you a refund or shall at its option, (b) elect to postpone the Event or (c) cancel the Event without further legal or financial obligation or liability to you, including the obligation to issue you a refund or to reschedule the Event. Purchasing ticket packages pursuant to these terms and conditions subjects you to a high degree of risk relative to possible Event cancellations. If you do not agree with these terms and conditions set forth in this paragraph or as otherwise set forth in this agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to you hereunder, do not purchase ticket packages. If Cabo en Vivo elects to issue a refund, the ticket purchaser of record shall be refunded in an amount equivalent to the face value of ticket package(s) only. If Cabo en Vivo elects to reschedule the Event for a future date, you may not be entitled to a refund. Under no circumstances shall you be entitled to a refund of any shipping, handling or other processing fees.
There is an 8 ticket package limit across all events for any single artist or tour; to clarify, this is a cumulative limit across all events for a specific artist or tour, and encapsulates multiple shows and/or orders. This limit applies across all accounts associated with any combination of your name, physical address, business entity and/or related entities, email address, phone number, credit or debit card account, billing address and/or other criteria that identifies you individually or collectively acting in cohort. Persons and/or entities and/or cohorts who exceed the ticket limit may have any or all of their orders and tickets cancelled without notice by Cabo en Vivo in its sole discretion.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You agree that all Feedback will be the sole and exclusive property of Cabo en Vivo and you hereby irrevocably assign to Cabo en Vivo and agree to irrevocably assign to Cabo en Vivo all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Cabo en Vivo’s request and expense, you will execute documents and take such further acts as Cabo en Vivo may reasonably request to assist Cabo en Vivo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Content Ownership, Responsibility, and Removal
The trademarks, logos, and service marks (collectively, the “trademarks”) displayed through the Services are registered and unregistered trademarks of Cabo en Vivo and others. Except for User Content (as defined below), Cabo en Vivo and its licensors exclusively own all right, title and interest in and to all content in the Services, including all associated intellectual property rights. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the trademarks. Unauthorized use of any trademark may be a violation of federal and state trademark laws.
Several aspects of the Services (such as means text, graphics, images, music, software, audio, video, works of authorship of any kind) are protected copyright and other intellectual property laws of the United States and foreign countries. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Services, or individual sections of the design or layout of the Services or Cabo en Vivo logos, without Cabo en Vivo’s written permission. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Rights in User Content Granted by You
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Cabo en Vivo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Right To Record And Use Your Image
Cabo en Vivo shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of you without your additional express written or oral consent. Cabo en Vivo shall also have the right, but not the obligation, to use your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that Cabo en Vivo shall be the sole and exclusive owner of any work containing your image. Cabo en Vivo shall also have the right to record, utilize, publish, print, display, exploit and publicly use your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Event, and whether in or out of context.
Rights in Content Granted by Cabo en Vivo
Subject to your compliance with these Terms, Cabo en Vivo grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use the Services solely for your personal and non-commercial purposes.
Alerts and Notifications
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging and/or data fees may occur depending on the message and/or data plan you have with your wireless carrier.
Rights and Terms for Apps
Rights in App Granted by Cabo en Vivo
Subject to your compliance with these Terms, Cabo en Vivo grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you’ll use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Cabo en Vivo reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Sourced Applications
For any App Store Sourced Application, you acknowledge and agree that:
These Terms are concluded between you and Cabo en Vivo, and not Apple, and Cabo en Vivo (not Apple), is solely responsible for the App Store Sourced Application. ---Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- Apple has no obligation to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cabo en Vivo.
- Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession or use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App Store Sourced Application or your possession or use of that App Store Sourced Application infringes that third party’s intellectual property rights, Cabo en Vivo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App Store Sourced Application.
- You’ll comply with all U.S. and foreign export laws and regulations to ensure that neither the App Store Sourced Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App Store Sourced Application you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Furthermore, with respect to any App accessed through or downloaded from the Google Play Store (“Play Store Sourced Application”), you’ll use the Play Store Sourced Application only: (i) on an authorized product that runs Android (the mobile operating system software developed by Google); and (ii) as permitted by the “Your Use of Google Play” set forth in the Google Play Terms of Service. Cabo en Vivo reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for Play Store Sourced Applications
For any Play Store Sourced Application, you acknowledge and agree that:
- These Terms are concluded between you and Cabo en Vivo, and not Google, and Cabo en Vivo (not Google), is solely responsible for the Play Store Sourced Application. Your use of the Play Store Sourced Application must comply with the Google Play Terms of Service.
- Google has no obligation to furnish any maintenance and support services with respect to the Play Store Sourced Application.
- In the event of any failure of the Play Store Sourced Application to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Play Store Sourced Application to you (if applicable) and, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Play Store Sourced Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cabo en Vivo.
- Google is not responsible for addressing any claims you have or any claims of any third party relating to the Play Store Sourced Application or your possession or use of the Play Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Play Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Play Store Sourced Application or your possession or use of that Play Store Sourced Application infringes that third party’s intellectual property rights, Cabo en Vivo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- Google and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Play Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Play Store Sourced Application against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the Play Store Sourced Application.
- You’ll comply with all U.S. and foreign export laws and regulations to ensure that neither the Play Store Sourced Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the Play Store Sourced Application you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Usage Guidelines and Cabo en Vivo’s Enforcement Rights
We ask that you respect our community of users and our desire for such users to feel safe when using the Services. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with these Terms, and in particular the terms below. If you use the Services in a manner that is inconsistent with these Terms we might have to suspend or terminate your Account.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Abuse, harass, threaten, harm, promote hatred or violence, and/or encourage others to do so, towards any staff or fans, and/or make false claims regarding our Services or related entities and/or personnel.
- Use, display, mirror or frame the Services, or any individual element within the Services, Cabo en Vivo’s name, any Cabo en Vivo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cabo en Vivo’s express written consent;
- Use the Services for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended, including any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns, or political campaigning;
- Access, tamper with, or use non-public areas of the Services, Cabo en Vivo’s computer systems, or the technical delivery systems of Cabo en Vivo’s providers;
- Attempt to probe, scan, or test the vulnerability of any Cabo en Vivo system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cabo en Vivo or any of Cabo en Vivo’s providers or any other third party (including another user) to protect the Services;
- Attempt to fraudulently accrue Cabo en Vivo Credit in your Account through any means, including but not limited to creating multiple Accounts;
- Attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cabo en Vivo or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Cabo en Vivo trademark, logo URL or product name without Cabo en Vivo’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Cabo en Vivo’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements.
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site or any Service infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (i) your (or your agent's) physical or electronic signature; (ii) identification of the copyrighted work on our Services that is claimed to have been infringed; (iii) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Services; (iv) your name, address, telephone number and email address (if available); (v) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to firstname.lastname@example.org.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Personal Use Only
You agree that you are only authorized to visit and view pages of the Services for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material made available through the Services except for your personal use, unless otherwise specifically authorized by us in writing to do so. The content and software on the Services is our property or that of our sponsors, suppliers, or licensors and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Services, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis or be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
CABO EN VIVO IS NEITHER AN AGENT OF NOR IS AFFILIATED WITH ANY EVENT ORGANIZER OR OPERATOR OR VENUE OR OPERATOR OF ANY VENUE FOR ANY EVENT INCLUDED IN THE SERVICES OR FOR WHICH A USER HAS PURCHASED A TICKET THROUGH THE SERVICES. CABO EN VIVO MAKES NO WARRANTY OR REPRESENTATIONS OF ANY KIND REGARDING THE PERFORMANCE OR NON – PERFORMANCE OF ANY EVENT VENUE OR OPERATOR OF ANY VENUE IN CONNECTION WITH THE SERVICE, including the failure to honor TICKETS OR OTHER reservations or the delivery of incorrect PRODUCTS AND/OR SERVICES.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT CABO EN VIVO DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES CABO EN VIVO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. CABO EN VIVO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You indemnify and hold harmless Cabo en Vivo, Live Nation, Ticketmaster, OBE, LaneOne, and their respective officers, directors, employees, agents, affiliates and representatives against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER CABO EN VIVO NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with these terms or from the use of or inability to use the Services or CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not CABO EN VIVO has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE CABO EN VIVO, AND OUR SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENTS HEREUNDER. In no event will Cabo en Vivo’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED THE AMOUNTS YOU’VE PAID TO CABO EN VIVO THROUGH YOUR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU’VE NOT HAD ANY PAYMENT OBLIGATIONS TO CABO EN VIVO, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CABO EN VIVO AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Cabo en Vivo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Cabo en Vivo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Cabo en Vivo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org and a separate form for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Cabo en Vivo otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Cabo en Vivo submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you’ll be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Cabo en Vivo will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Cabo en Vivo will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Cabo en Vivo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Cabo en Vivo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you’ll arbitrate any Dispute between you and Cabo en Vivo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Cabo en Vivo and you regarding the Services, Events and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cabo en Vivo and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Cabo en Vivo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cabo en Vivo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Cabo en Vivo under these Terms, including those regarding modifications to these Terms, will be given by Cabo en Vivo: (i) via email; or (ii) by posting to the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Cabo en Vivo’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cabo en Vivo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Cabo en Vivo reserves the right to restrict the sale or use of our products or services to any person, geographic region or jurisdiction or otherwise. Any offer made on the Services is void where prohibited. Subject to provisions of the “Dispute Resolution” section above, if any provision of these Terms is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms.
If you have any questions about these Terms or the Services please contact Cabo en Vivo at email@example.com