TERMS OF USE

Please review these terms and conditions (“Terms and Conditions”). Your use of this web site (“Site”), including the purchase of products, constitutes your acceptance of the following Terms and Conditions. Musictoday, LLC (“MT”), Delivery Agent, Inc. (“DA”), and Live Nation Merchandise, Inc. (“LNM”) (collectively referred to as “we” or “us”) reserve the right to revise these Terms and Conditions at any time without prior written notice. As a result, we encourage you to review these Terms and Conditions whenever you purchase products via this Site.

About DA Services

Delivery Agent, Inc. and Musictoday, LLC are responsible for the hosting, operation and maintenance of the Site on behalf of Live Nation Merchandise, Inc.

Acceptance of Terms

This Site is designed for and targeted to individuals who are at least 18 years of age or older. In order to use and access the features and services provided by this Site you must be 18 years of age or older. If you are not an adult, please stop and discontinue your use of this website. If for any reason you do not agree with these Terms and Conditions, including this Site's Privacy Policy, please discontinue using this Site. By using this Site, you agree to be legally bound by these Terms and Conditions. We reserve the right to change the terms of these Terms and Conditions or to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. You should visit this page regularly and review these Terms and Conditions for the current terms, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.

Representation

By using this website you represent and warrant that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms and Conditions.

Products

We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages which you may access through this one. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product shall be the amount you actually paid us for it.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Products may be purchased while supplies last. Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. In every instance, we make every effort to communicate with you prior to cancelling the order. Click here for our cancellation policy. If you are unsatisfied with a product, you may return it in accordance with our return policy. Click here for return policy.

Use of Site

We welcome your comments about the Site; however, any comments, reviews, messages, suggestions or other communications (collectively "Comments") sent to the Site shall be and remain the exclusive property of MT and DA. Your submission of any such Comments shall constitute an assignment to MT and DA of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. MT and DA will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us.

The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may be changed or updated without notice. We may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of this Site, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

Use Restrictions

Each time you use a password or log in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with these terms and conditions. You agree that you will not under any circumstances

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s DA and/or MT account without permission;
  • interfere or attempt to interfere with the proper functioning of the services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the services or use any software, technology, or device to scrape, spider, or crawl the services or harvest or manipulate data;
  • use the communication systems provided by or contacts made for any commercial solicitation purposes;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;

Copyright and Trademarks 

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of LNM or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of LNM and protected by U.S. and international copyright laws. All software used on this site is the property of DA and/or MT or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Site is strictly prohibited.

LNM trademarks may not be used in connection with any product or service that is not LNM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LNM or its affiliates.

Usage Regulations 

Neither this site nor any portion of it may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by DA and/or MT or LNM. We, and our affiliates, reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests and our affiliates.

Copyright Complaints

DA, MT, and LNM and each of their respective affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LNM’s Associate Counsel/Business Affairs Manager with the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the offending material is located on the site;
  • Your address, telephone number, and e-mail 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 penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Live Nation Merchandise, Inc.'s Legal Department for notice of claims of copyright infringement on the Site can be reached as follows:

Live Nation Merchandise, Inc.
450 Mission Street, Suite 300
San Francisco, CA 94105 USA
Attn: Associate Counsel/Business Affairs
Telephone: (415) 247-7400
Fax: (415) 247-7407

Disclaimer


THIS SITE AND ALL PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT THIS SITE, DELIVERY AGENT, ANY OF ITS AFFILIATES, PARTNERS (INCLUDING LIVE NATION MERCHANDISE, INC.), CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Privacy


We respect your privacy and the use and protection of your personal information (“Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

Termination


In addition to any other legal or equitable remedies, DA and/or MT or LNM may without prior notice to you immediately terminate your account, or revoke your right to access or use the Sites. Upon notice of termination of your account, you shall immediately cease all access to and use of the Site and DA shall immediately revoke all passwords and account identification issues to you, and deny your access to the Site in whole or part. However, termination of such access permissions shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.

Applicable Law and Jurisdictional Matters


These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws, as they are applied to agreements entered into and to be performed entirely within California. Any claims brought to enforce these Terms and Conditions or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in California, and you expressly consent to the jurisdiction of said courts. We reserve the rights to make changes to the Site and disclaimers, terms, and conditions at any time.