TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY
AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN
BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,
OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE
TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR
USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF SEPTEMBER 15, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Living
Artist Society, also known as LAS, located at 3 Watson Street, Cortlandt Manor, New York
10567 and our subsidiaries and affiliates, in association with the use of the LAS website, which
includes LivingArtistSociety.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Living Artist Society (LAS) is a membership community of artists and arts venues joined
together to create an online destination dedicated to bringing live performing and visual arts
events to a wider audience. Living Artist Society’s products, features and offerings are available
a) online through our website, LivingArtistSociety.com and b) off platform, including such
services as entry management and marketing activities. Collectively, (a) and (b) are termed our
“Services”.
The material, including without limitation information, data, text, editorial content, design
elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and
other content contained in or delivered via the Services or otherwise made available by Living
Artists Society in connection with the Services is the “Site Content” (of “Content”). Any
material (including the foregoing categories) that you contribute, provide, post or make available
using the Services is “Your Content”.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
“users” of the herein contained Services provided for the purpose of this TOS. Once an
individual register’s for our Services, through the process of creating an account, the user shall
then be considered a “Member” When these Terms use the term “Creator” we mean registered
Members of Living Artist Society using the Services to create events and the associated
descriptive profiles of the parties participating in the events such as the artists performing and/or
the venues providing the physical space.
Living Artist Society’s Services provide the means for Creators to create profiles and other
webpages related to their events, promote those pages and events to users and Members on the
Services or elsewhere online. Living Artist Society is not the Creator or owner of the events
listed on the Services and does not currently provide payment processing options for ticket
purchase. Creators of paid events determine the payment processing method for their events and
user/members must use whatever payment process the Creator has selected.
The user and/or member acknowledges and agrees that the Services provided and made available
through our website and applications, which may include some mobile applications and that
those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Living Artist
Society. At its discretion, Living Artist Society may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and this Agreement shall
apply to any and all additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. Living Artist Society does hereby reserve the right
to cancel and cease offering any of the aforementioned Services and/or products. You, as the end
user and/or member, acknowledge, accept and agree that Living Artist Society shall not be held
liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after such posting of any
updates, changes, and/or modifications shall constitute your acceptance of such updates, changes
and/or modifications, and as such, frequent review of this Agreement and any and all applicable
terms and policies should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified terms, you must
stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided “AS IS” and as such Living Artist Society shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving LAS’s Services under the laws and
statutes of the United States or other applicable jurisdiction.
When you register, LAS may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with LAS and sign in to our Services, you are no longer
anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, Living Artist Society will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Living Artist Society Services, or any portion thereof.
It is Living Artist Society’s priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child
under the age of 13 that permit their child or children access to the LAS website platform
Services is thereby granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of
the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by
the Living Artist Society Online Privacy Policy (see the full Privacy Policy at
livingartistsociety.com). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by Living Artist Society and/or our subsidiaries and
affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Living Artist Society immediately if
you notice any unauthorized access or use of your account or password or any other breach of
security. Living Artist Society shall not be held liable for any loss and/or damage arising from
any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility
of the individual from whom the content originated. In short, this means that you are solely
responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made
available by way of the LAS Services, and as such, we do not guarantee the accuracy, integrity
or quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by LAS.
Furthermore, you herein agree not to make use of Living Artist Society’s Services for the
purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any LAS officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Living Artist Society Services, servers and/or networks
that may be connected or related to our website, including, but not limited to, the use of
any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the
U.S. Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having
the force of law;
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a “foreign terrorist organization” in accordance to Section 219 of the Immigration
Nationality Act;