- IntroductionThis Agreement, and use of the website, is an online service provided by Latin Ent./TicketsVIP.net, a Delaware corporation (sometimes referred to herein as the “Company”, “we” or “our”) with a principal place of business in California. The website consists of ticketing services, which may include facilitation of the purchase or sale of tickets to live events, access to other ticket resources, and related content provided by the Company and by third parties.This Website is subject to the terms and restrictions contained herein and is for private personal use by consumers only (“Users”). Any other use or attempt to use this Website, or any of the services provided through this Website for commercial purposes (including the purchase of tickets for the purpose of resale), directly or indirectly, by you or by a third party is strictly prohibited.
- Permitted Use of This WebsiteThis Website is the property of Latin Ent./TicketsVIP.net, Inc. and your access to this Website is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.
- Prohibited Use of this WebsiteYou are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users.As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
- Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;
- Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to purchasing tickets;
- Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware and connections, or prohibits, denies or delays access to this Website by others;
- Purchase tickets to any event offered through this Website for the purposes of reselling those tickets, except as permitted by applicable law. If we determine that you are purchasing an irregularly large number of tickets to an event or multiple events, we will presume that you are purchasing such tickets for resale purposes and at our sole election, we will cancel your transaction(s) and restrict your access to this Website;
- Download or copy any content displayed on this Website for purposes other than preserving information for your personal use;
- Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company’s prior written permission;
- Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the “CAPTCHA” system used as part of this Website’s ticket purchasing process. The CAPTCHA system requires the typing of characters on your computer screen, and you expressly agree that the typing will only be done manually by you on the keyboard of the computer you are using to access this Website;
- Access, reload or refresh this Website’s transactional event or ticketing pages, or make any other request to this Website’s transactional servers, more than once during any two second interval; or
- Request more than 500 pages of this Website in any twenty-four hour period.
You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP’s, suppliers and vendors.
Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.
- Transaction and Processing FeesThere is no fee for accessing this Website and viewing our content and the content of third parties that we display.If you decide to purchase tickets or other merchandise, you agree to pay, in addition to the price for the ticket or merchandise, other fees and charges that we may impose, including but not limited to,, convenience fees, processing fees, method of delivery fees and other miscellaneous fees. The amount of each fee may vary, depending on the tickets or merchandise you purchase and the method you select to receive your tickets or merchandise.Fees and charges, including (but not limited to) charges for issuance, convenience, handling, processing, shipping, delivery, (including but not limited to, charges for Federal Express or other courier delivery), and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit.For example, we retain as profit, a percentage of what we charge you for FedEx delivery of your tickets or merchandise. Our profit may vary from transaction to transaction, depending upon such factors as (for example) the “zone” to which your tickets or merchandise are shipped, the delivery time you request (express, overnight, 2-day or 3-day) and the size and weight of your package.You are urged to review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.
- Links to Other WebsitesWe may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with Latin Ent./TicketsVIP.net. Any content, product or service provided by other websites is under the exclusive control of such third parties and not Latin Ent./TicketsVIP.net, Inc. Your access to and use of any other Website, and any transaction in which you engage on any other website, is subject to the applicable user agreements and privacy policies of that website. By access and use of any other website, you expressly disclaim all liability of Latin Ent./TicketsVIP.net with respect to your, or third party’s actions on these other websites. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
- EquipmentYou will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Website and for any and all charges related thereto.
- TrademarksLatin Ent./TicketsVIP.net takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks. Some of its trademarks and service marks include:Latin Ent./TicketsVIP.net™ 1-888-575-7566.
Nothing contained in this Website should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of Latin Ent./TicketsVIP.net, Inc., or their respective owners.
- Copyright ComplianceTo ensure compliance with the Digital Millennium Copyright Act (“DMCA”) Latin Ent./TicketsVIP.net will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing Latin Ent./TicketsVIP.net with the following information in writing:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
- your physical or electronic signature.Please send all written correspondence of alleged infringements to:Latin Ent. Inc. I TicketsVIP.net
2600 Kitty Hawk Road Suite 124,
Livermore, California, 94551You may also contact Latin Ent./TicketsVIP.net’s Copyright Agent by email (firstname.lastname@example.org) or telephone (1.888.575.7566)
- Our Content A portion of the content for this Website is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than our authorized spokespersons while acting in their official capacities.
- Breach Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consent to injunctive or other equitable relief for any alleged breach.
- Binding Arbitration Any dispute relating to or arising from your purchase of any tickets or other merchandise through this Website; or arising under this Agreement, in which monetary damages are being sought, will be resolved by binding arbitration conducted in accordance with the Commercial Rules of the American Arbitration Association. To the extent practicable, hearings will be conducted via telephone or other electronic means intended to facilitate a forum in which a hearing may be had. Any in-person arbitration proceeding will take place in Orange County, California, USA. Upon conclusion of the arbitration, any court having jurisdiction over the matter may enter judgment on any award issued in the arbitration.
- Legal Proceedings Any legal proceeding, which is commenced for the purposes of seeking injunctive or other equitable relief, will be adjudicated by a court of competent jurisdiction sitting in the State of California.
- Indemnification You agree that you will, at your expense, indemnify, defend, settle, and hold the Company, its parent company, and their respective directors, officers, shareholders, employees, agents, and assigns harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by this Agreement. In addition you will pay any judgment awarded against us or any settlement agreed to by you, and any authorized expenses incurred by us. Latin Ent./TicketsVIP.net reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Latin Ent./TicketsVIP.net in asserting any available defenses.
- Notices All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: Latin Ent./TicketsVIP.net, Inc., 555 Anton Boulevard, 11th Floor, Costa Mesa, California, 92626, Attention: Legal Department. Notice will be deemed effective 3 days after deposit with the United States Postal Service or courier. In addition, the Company may provide notice to you by either email or by registered courier, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
- General This Agreement is to be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Website and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach.
- Attention: California Users Section 1789.3 of the California Civil Code (the “Electronic Commerce Act of 1984” California Civil Code, Section 1789.1, et seq.) requires us to inform you that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Sacramento, California 95834, in order to resolve any complaint regarding a service provided to you through this Website or to receive further information regarding the use of such services.
- Mobile We currently provide our mobile services for free, but your carrier’s normal rates and fees, such as mobile access, data and text messaging fees, may still apply.