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;