TERMS OF USE:
Welcome to
INDYLOPEZ.COM (in general the "Site" paid or registered
areas of INDYLOPEZ.COM are the ?Club?),
owned and operated by INDY LOPEZ. ("we,"
"us"). The following terms of use ("Terms") govern
your use of the Site.
MEMBERSHIP
Eligibility and Approval
We, in our sole absolute discretion, will have the
right to refuse to allow you to become a member.
INDYLOPEZ.COM will accept only one membership per
person... If we determine that a single person has joined (or attempted to
join) more than once, or if we receive multiple membership applications from a
single and/or cluster of e-mail addresses verified to single user, we reserve
the right to cancel all applicable memberships.
You must
be at least 18 years of age to become a member. We do not allow children under
the age of 13 to become members at all. If you are between the ages of 13 and
18, you may become a member with the consent of your parent or legal guardian.
By becoming a member, you represent and warrant: (i)
that you are at least 18 years of age or (ii) that, as parent or guardian, you
agree to these terms and our privacy policy and authorize your child who is
between the age of 13 and 18 to use this site, subject to your responsibility
for their conduct.
Representations
And Warranties
You hereby represent and warrant to us that: (i) you
have the full power and authority to enter into and perform under these Terms,
(ii) your use the Site will not infringe the copyright, trademark, right of
publicity or any other legal right of any third party, and (iii) you will
comply with all applicable laws and regulations in using the Site and in
engaging in all other activities arising from, relating to or connected with
these Terms
REGISTRATION
Obligations
If you wish to become a member of the Club (a
"Member") or are already a Member and wish to use the "Members
Only" Section of the Site, you must create a Member Account on the Site
through our online registration process. In doing so, you agree to: (i) provide true, accurate, current and complete information
about yourself as prompted by the Site's registration process (such information
being the "Registration Data") and (ii) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
User
Names
Members
will also receive one or more User Names upon completing the Site's
registration process. User Names are issued based upon availability, and all User
Names are our property. Upon termination, you shall surrender such User Name(s)
and we may reserve or reissue any User Name in our sole discretion. Multiple
users using the same User Name shall not be allowed to access the "Members
Only" section of the Site simultaneously.
Password
And Security
Members will receive a password and an account upon completing the Site's
registration process. You are responsible for maintaining the confidentiality
of the password and your account and are fully responsible for all activities
that occur under your password or account. You agree to: (i)
immediately notify us of any unauthorized use of your password or account or
any other breach of security and (ii) ensure that you exit from your account at
the end of each session. We will not be liable to you or any third party for
any loss or damage arising from your failure to comply with this Section.
IP
Address Ownership
We shall maintain and control ownership of all IP numbers and addresses that
may be assigned to you by us and we reserve, in our sole discretion, the right
to change or remove any and all such IP numbers and addresses.
CONDUCT
User
Content
We allow Members (as defined below) to make contributions to the Site
("User Content") through chat rooms, bulletin board services, member
profiles, and other means. By submitting any User Content to the Site, you
hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and
license to use, reproduce, display, perform, adapt, modify, distribute, have
distributed and promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose. Furthermore,
you thereby waive any so-called moral rights or other similar rights in your
User Content.
You agree
not to submit or post any User Content that: (i)
infringes the rights of a third party, including, without limitation,
copyrights, trademarks, patents, trade secrets, rights of privacy and
publicity, (ii) is libellous, defamatory or slanderous, (iii) condones, promotes,
contains or links to warez, cracks, hacks or similar
utilities or programs, (iv) is pornographic or sexually explicit, (v) does or
may denigrate or offend any ethnic, racial, gender, religious or other
protected group, through use of language, images, stereotypical depiction or
otherwise, (vi) is designed to or does harass, threaten, defame or abuse
others, (vii) exploits minors in a sexual or violent manner, (viii) promotes,
condones or encourages illegal activity or (ix) is generally offensive or in
bad taste.
You agree that all of your User Content,
whether publicly posted or privately transmitted, is your sole responsibility.
User Content does not necessarily reflect our views or opinions. We shall not
be liable to you or any third party in any way for any User Content, including,
but not limited to, for any errors or omissions in any User Content, or for any
loss or damage of any kind incurred as a result of the use of any User Content
posted, emailed, transmitted or otherwise made available via the Site.
We
generally do not pre-screen, pre-edit or otherwise control User Content and, as
such, do not guarantee the accuracy, integrity or quality of User Content. By
using the Site, you agree to assume this risk. We reserve the right, but have
no obligation, to monitor interactions between you and other users of the Site
or take any other action in good faith to restrict access to or the
availability of any material that we or another user may consider to be
obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable.
You agree
to respect the rights of others and exercise good judgment. Without limitation,
you agree not to: (i) engage in unsolicited or
unauthorized advertising or any other form of solicitation, including, without
limitation, "pyramid schemes" or the distribution of promotional
materials, "junk mail," "spam," or "chain
letters," (ii) impersonate any person or entity or misrepresent your
affiliation with a person or entity, (iii) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any User Content transmitted
through the Site, (iv) make available, introduce into or direct to the Site any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment, (v) interfere
with or disrupt the Site or servers or networks connected to the Site, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Site, (vi) violate any applicable local, state, national or
international law, rules or regulations, including, without limitation, regulations
promulgated by the SPAIN Securities and Exchange Commission, any rules of any
national or other securities exchange, (vii) "stalk" or otherwise
harass another person, (viii) "deep link" to any portion of the Site,
(ix) collect or store personal data about other users, (x) 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 express written permission, (xi) take any action that imposes
an unreasonable or disproportionately large load on our infrastructure, (xii)
display any of the Site in a frame (or any of our content via in-line links),
(xiii) engage in any activity that interferes with any third party's ability to
use or enjoy the Site, (xiv) assist any third party in engaging in any activity
prohibited by these Terms, or (xv) solicit personal information from, harm or
attempt to harm minors, in any way.
You will
be considered in violation if you (or others using your account) do any of the
following: Post, transmit, promote, or distribute content that is illegal. Thou
shall not disrupt the flow of chat in chat rooms, or discussions threads with
vulgar language, abusiveness, hitting the return key repeatedly or inputting
large images so the screen goes by too fast to read, etc. User may not
impersonate another INDYLOPEZ.COM member (including celebrities),
attempt to get a password, other account information, or other private
information from a INDYLOPEZ.COM member, dominate this website with
their views, or those who use it for harassment or with malice towards anyone,
posts that overtake other users posts, Making repetitive posts in the Message
Forum or News Comments, Posting advertising on the website, and trying to
solicit money for charity, After being banned return under another username,
You register and then delete your email address.
GENERAL PRACTICE & LIMITS
You also acknowledge that INDYLOPEZ.COM may establish general practices and limits concerning use of
the Site, including without limitation, limiting the maximum number of days
that email messages, message board postings or other uploaded content will be
retained by the Site, the maximum number of email messages that may be sent
from or received by an account on the Site, the maximum size of any email
message that may be sent from or received by an account on the Site, the
maximum disk space that will be allotted on INDYLOPEZ.COM servers on your behalf, the maximum
length of time that an IP address will be assigned for your use, the maximum
throughput of traffic from the Internet or associated service (e.g., Usenet,
email, web hosting), and the maximum number of times (and the maximum duration
for which) you may access the Site in a given period of time. You agree that INDYLOPEZ.COM has no responsibility or liability for
the deletion, for failure to store or to deliver any messages and other
communications, for the modification or malformation of data communications
over the Site, or for other content maintained or transmitted by the Site. You
acknowledge that INDYLOPEZ.COM reserves
the right to log off accounts that are, or disconnect a session that is,
inactive for an extended period of time. You further acknowledge that INDYLOPEZ.COM reserves the right to change these
general practices and limits at any time without advanced notice.
Commercial Use
You
agree not to use the Site for any commercial purpose, such as conducting sales
of tickets, merchandise or services of any kind. Without limiting the
foregoing, you may not resell or link to other sites for the purpose of selling
tickets of any kind.
CPU Usage
You agree that you shall not use excessive amounts of CPU
processing on any of our servers. Any violation of this policy may result in
corrective action by us, in our sole discretion, including assessment of
additional charges, disconnection or discontinuance of any and all Services, or
termination of this Agreement. In the event that we elect to take any
corrective action, you shall not be entitled to a refund of any fees paid in
advance prior to such corrective action.
Tickets
We reserve the right to block access to or cancel a
ticket order of any user that we believe, in our sole and absolute discretion:
(i) is or is associated with any ticket broker or
scalper, (ii) is utilizing automated means to process or place ticket orders,
or (iii) whose ticket order exceeds the stated limit. Pre-sale tickets/packages
are available for purchase to paid subscription fan club members and are
offered on a first come first serve basis. Ticket/packages availability is not
guaranteed and your membership will not be refunded if you are unable to
purchase pre-sale tickets/packages.
Proprietary
Rights
You agree
that all content and materials available on the Site are protected by rights of
publicity, copyright, trademarks, service marks, patents, trade secrets or
other proprietary rights and laws. Unless expressly authorized by us, you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create derivative
works from materials or content available on the Site. Notwithstanding the
above, you may use the content and materials on the Site in the course of your
normal, personal, non-commercial use of the Site.
Intellectual
Property Rights Policy
We respect the intellectual property rights of others,
and we ask our users to do the same. We will, in our sole and absolute
discretion, terminate the account or use privileges of any user who repeatedly
violates the rights of others.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right at any time to suspend, modify or discontinue, temporarily
or permanently, any portion of the Site or the Club with or without prior
notice. You agree that we will not be liable to you or to any third party for
any suspension, modification or discontinuance.
INDYLOPEZ.COM expressly reserves the right to
immediately modify, suspend or terminate your account and refuse current or
future use of any INDYLOPEZ.COM service, including Artist Clubs
in the following situations: (a) if INDYLOPEZ.COM in its sole discretion believes
you have violated or tried to violate the rights of others; or (b) if we become
aware of information indicating a safety concern for you, other INDYLOPEZ.COM
users, or the general public, or (c) if INDYLOPEZ.COM in
its sole discretion, believes that you have acted inconsistently with the
spirit or letter of the TOS or these Additional Terms. Artist Clubs and their
benefits are offered at the discretion of INDYLOPEZ.COM and
INDYLOPEZ.COM has the right to modify or discontinue, temporarily
or permanently, the Artist Club service, in whole or in part for any reason, at
its sole discretion, with or without notice to you. You agree that INDYLOPEZ.COM will
not be liable to you or any third party for any modifications or discontinuance
of the Artist Club service.
We, in our
sole and absolute discretion, may terminate your access to the Site or your
account for any reason, including, without limitation, your breach of these
Terms, with or without notice to you and without liability to you or any third
party. Upon such termination, we: (i) may immediately
deactivate or delete your account and all related information and files in such
accounts and/or bar any further access to such account or files, without
liability to you or any third party for doing so or (ii) will not refund your
membership or any other fees you have paid to the Club.
DISCLAIMERS
Warranty
Your use of the site is at your sole risk. The site is provided on an "as
is" and "as available" basis. The club expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement.
The club makes no warranty that (i) the site will meet your requirements, (ii) the site will
be uninterrupted, timely, secure, or error-free, (iii) the results that may be
obtained from the use of the site will be accurate or reliable, (iv) the
quality of any products, services, information, or other material purchased or
obtained by you through the site will meet your expectations, or that (v) any
errors in any data or software will be corrected.
All
messages posted to the website are solely the opinion and responsibility of the
poster, and not the INDYLOPEZ.COM has the right and ability to log
into any users account for the purpose of troubleshooting, investigating
complaints, or any other purpose for the daily operation of the website. This
website and the servers and other equipment used to host and maintain it are
private property. These Terms of Use have been instituted both to protect the
integrity of this property, and to create and maintain a respectful environment
conducive to the enjoyment of INDYLOPEZ.COM fans. Therefore, in the event of
a violation of these Terms of Use, we reserve the right to fully investigate
such violation(s) and take all such actions as we deem prudent or necessary
based upon our evaluation of the violation(s). Without limiting the foregoing,
we reserve the right to contact law enforcement, track the IP address from
which any violation is made, contact the owner of such IP address in order to
identify any violator, prevent any violator from further access to this site,
and to take any or all such actions (including legal action) as we deem
appropriate to the circumstances. If you disagree or cannot comply with these
Terms of Use, please do not use the site. All reports of suspicious actions
should be e-mailed to (artist site) directly, to avoid accidental harm to
innocent parties.
You expressly understand and agree that
we shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if we
have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) the cost
of procurement of substitute goods or services resulting from any goods, data,
information or services purchased or obtained or messages received or
transactions entered into through or from the site; (iii) unauthorized access
to or alteration of your transmissions or data; (iv) statements or conduct of
any third party on the site; or (v) any other matter relating to the site.
Links
and Third-Party Services
Any third-party links, services, resources or information provided on or made
available through the site are not controlled by us. Accordingly, we make no
warranties regarding such third-party links, services, resources or
information, including without limitation, warranties of fitness for a
particular purpose, merchantability or non-infringement and will not be liable
for your use of or reliance on such third-party services, resources or
information.
English And
Other Languages
The Club has members around the world. As an accommodation for those members
whose preferred language is other than English, we have occasionally and in our
sole discretion provided versions of these Terms in other languages (each, a
"Translation"). We have attempted to make the Translations accurate,
but we cannot be responsible in the event of any errors, inaccuracies or
discrepancies in the Translations. Accordingly, if there is any conflict in meaning
between a Translation and these Terms, these Terms shall govern and be given
precedence. Furthermore, we do not provide any customer service in any language
other than English, and cannot take responsibility for any problems or issues
that may arise as a result of this fact.
Force Majeure
We will
not be liable to you or any third party for failure or delay in performing our
obligations hereunder if such failure or delay is due to circumstances beyond
our reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or
other labour disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of the Site.
LEGAL
You agree
to indemnify and hold the Club INDYLOPEZ.COM Merchandise, Inc. as well as
their subsidiaries, affiliates, owners, associates, licensees, licensors,
officers, agents and other partners and employees (the "Indemnified
Parties") harmless from any claim, demand, action, damage, loss, cost or expense,
including without limitation, reasonable attorneys' fees, incurred in
connection with any suit or proceeding brought against any of the Indemnified
Parties arising out of your use of the Site or alleging facts or circumstances
that could constitute a breach of any provision of these Terms by you. If you
are obligated to indemnify any of the Indemnified Parties, such party will have
the right, in its sole and exclusive discretion, to control any action or
proceeding and determine whether they wish to settle it, and if so, on what
terms.
PRIVACY
We will have the right to collect, share and use your
information in accordance with our Privacy Policy, which is incorporated by
reference in these Terms. In addition, the artist or band may have access to
and use of information you provide in connection with your membership to the
Fan Club. Use includes, but is not limited to, sending email newsletters,
updates or content related to the artist or band. These messages may be
required as part of membership to the Fan Club, at the discretion of the artist
or band.
INDYLOPEZ.COM understands the concerns that its
members and other users of its web site (the "Site") have about the
collection, use, and disclosure of their Personal Information while online.
Accordingly, we have established this Privacy Policy to make you aware of the
information collection and sharing practices of the Site. This Privacy Policy
only applies to transactions made and data gathered on the Site and does not
apply to any other web site or offline point of contact between us and you. By
visiting the Site, you are accepting the practices described in this Privacy
Policy. Please review this Privacy Policy periodically as we may update it from
time to time.
Your
IP Address
Like most e-commerce websites, each time you visit the Site, we automatically
collect your IP address and the web page from which you came. We use this
information to administer and optimize the Site for you and to diagnose
problems with our Site. We use your IP address to help identify you and to
gather broad demographic information about you.
Cookies
Like most websites, the Site uses cookies to keep track of your purchases and
other activity on the Site and enhance your experience on the Site. We also use
cookies to deliver content specific to your interests, to save your password,
and if you choose, to save other personal and financial information so you do
not have to re-enter it each time you visit the Site. Third parties advertisers
on the Site may also place cookies on your browser. If you wish to disable
these cookies, the "help" portion of the toolbar on most browsers
will tell you how. However, if you set your browser to disable cookies, you may
not be able to access certain areas on the Site.
Personal
Information
In some cases, we will collect information from you that can be used to
personally identify you, such as your name, address, phone number, email
address, purchase history, and credit card number ("Personal
Information").
We collect Personal Information when you
sign up to receive newsletters, request information regarding an event we
sponsor, enter contests, open an account, purchase tickets or products, and
otherwise as needed to fulfil your requests for information, products, and
services. When we collect this information, you will know it because you will
need to submit this information to us in order to open your account or receive
the information, product, or service you requested. We use your Personal
Information for our internal purposes, such as maintaining the Site and
fulfilling your requests for products, services, and information. For example,
we will contact you when necessary in connection with events for which you
purchased tickets on the Site (including event confirmations, changes and
cancellations). We also use your Personal Information to send you information,
offers and other promotional materials from us and selected third parties. We
carefully select the information we send to you and attempt to send you offers that are of value to you, such as discounts,
exclusive offers or special event information. We provide you with the option
of declining to receive offers from us by "opting-out" of receipt of
this type of communication. Generally, we will not send you communications on
behalf of third parties unless we add our INDYLOPEZ.COM brand
to those communications.
We share your Personal Information with
our agents, representatives, contractors and service providers so they can
provide us with support services such as authorization of credit card transactions,
order fulfilment and sweepstakes and promotional fulfilment. We do not
authorize these entities to use your information for any other purpose. If you
purchase tickets on the Site, we will share your Personal Information with the
venues, promoters, artists and other third parties associated with the concerts
and events for which you purchase tickets ("Event Partners"). Due to
our contractual obligations with Event Partners, we cannot offer you the
opportunity to opt-out of our sharing of your Personal Information with them.
We may select certain third parties with whom we will share your Personal
Information so that they can communicate directly with you about their products
and services. We attempt to carefully select these third parties and the specific
offers they intend to communicate to you so that you will receive high quality,
valuable and relevant offers. We generally do not authorize third parties
(except our Event Partners) to communicate with you without adding our INDYLOPEZ.COM brand
to the communication. The Site provides you with the option of declining to
have your Personal Information shared with these selected third parties. We
will also provide your Personal Information to a third party if you purchase
products or services offered by third parties on the Site (such as magazine
subscriptions). Your Personal Information may be shared with a third party in
the event of a transfer of ownership, assets or a bankruptcy of INDYLOPEZ.COM.
We may also disclose your Personal Information as required or permitted by law,
to protect the interests or safety of INDYLOPEZ.COM or a third party, or to prevent
an emergency. Any third party with whom we share your Personal Information is
authorized to use your Personal Information in accordance with our contractual
arrangements with such third parties and in accordance with their own privacy
policies, over which we have no control. Those who contact you will need to be
instructed directly by you regarding your preferences for the use of your Personal
Information by them.
How We Use And
When We Share Financial Information
We use your financial information to check your qualifications and bill you for
and otherwise facilitate your purchase of products and services.
When you make a purchase on the Site, we
will provide your financial information to our service providers and to such
third parties as we determine is necessary to process your transactions. These
third parties may include the credit card companies and banking institutions
used to process the transaction. Also, depending on the circumstances of our
arrangements, we may share your financial information with applicable Event
Partners, primarily but not exclusively for facilitating "will call"
ticket pick up and dispute resolution and customer service at the event venue
on the date of the event. By purchasing products or services of third parties
(such as magazine subscriptions) offered on the Site, we will provide your
financial information to those third parties. Any of these various third parties
are authorized to use your financial information in accordance with our
contractual arrangements with such third parties and in accordance with their
own privacy policies, over which we have no control.
Security Precautions
Whenever we obtain your Personal Information, we use
commercially reasonable efforts to protect it from unauthorized access or
disclosure. While we will use such efforts, we cannot and will not act as
insurers of the security of your Personal Information transmitted over the
Internet. Accordingly, we assume no liability for any disclosure of data due to
errors in transmission, unauthorized third party access or other acts of third
parties, or acts or omissions beyond our reasonable control. If you are a
member of INDYLOPEZ.COM, you should note that when you complete
your "Member Profile," this information can be viewed by other
members. Accordingly, you should not provide any information in your Member
Profile that you do not wish to share with third parties and you should have no
privacy expectations with respect to the information contained within it.
Warning About Online Disclosure of
Information
You should be aware that if you voluntarily disclose information online in a
publicly accessible area, such as in your member profile, a message board or
chat room, that information may be collected and used by others. We do not
control the actions of our users. If you disclose Personal Information in your
member profile, message board, or any other publicly accessible place on the
Internet, you do so at your own risk and should understand that your submitted
information may be collected and used by others to send you unsolicited
messages, advertisements, or for other purposes. Please remember that
protection of your privacy begins with you. You are solely responsible for
maintaining the secrecy of any password you use to register, and you should
always be careful and responsible whenever disclosing information online.
INVALIDITY OF SPECIFIC TERMS
If any provision of these additional terms or any document incorporated by
reference is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the documents remain in full force and effect.