Last Updated: February 9, 2024
1. Your Acceptance of These Terms and Conditions
Thank you for your interest in Victory Live, Inc. and our affiliated companies (collectively, “we,” “us”, “our”, “Victory Live”), and our website at www.victorylive.com as well as any and all other websites and/or mobile applications provided by us and on which a link to these Terms and Conditions are displayed (all such websites and mobile applications, collectively, the “Site”). These Terms and Conditions (“T&Cs”), including the Victory Live Privacy Policy (available here and incorporated into the T&Cs by reference) and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Site. These T&Cs constitute a legal agreement between you and Victory Live. By using the Site, you agree to these T&Cs. If you do not agree to these T&Cs, please do not use the Site.
All references to “you” or “your,” as applicable, mean the person who accesses or uses the Site in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these T&Cs, your acceptance of the T&Cs will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
For clarity, these T&Cs do not apply to any other products or services we may offer (each a “Supplemental Service”), including any Service to facilitate the listing, distribution, sale and/or purchase of live event tickets. If you use any such Supplemental Services, such use shall be subject to additional terms and conditions (“Supplemental Terms”), and such Supplemental Terms will be presented to you for your acceptance when you sign up to use the Supplemental Service. If the T&Cs are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Supplemental Service.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY VICTORY LIVE IN ITS SOLE DISCRETION AT ANY TIME. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT T&Cs.
2. Ownership of This Site and Its Content
The Site, including any content that forms part of the Site, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright. All content and related intellectual property rights are the sole and exclusive property of Victory Live or its licensor. Except as otherwise provided herein, no content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without our express prior written permission. All rights not expressly granted by Victory Live in these T&Cs are expressly reserved.
3. User Conduct / Rules and Prohibitions
To the extent that you provide personal information to Victory Live, you agree that it will be true, accurate, current, and complete and that you will update all personal information as necessary. Please see the Victory Live Privacy Policy (available here) for more information regarding information Victory Live collects, and how we use and share that information.
While using the Site you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:
· Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
· Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Site for any purpose without Victory Live’s prior written approval;
· In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate information of content on the Site including, but not limited to, for use on a mirrored, competitive, or third-party site;
· Take any action that (a) may unreasonably encumber the Site’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Site; (c) bypasses measures that are used to prevent or restrict access to the Site; (d) circumvents, disables, or otherwise interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm Victory Live or others; or (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
· Copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, use, display, mirror, frame or utilize framing techniques to enclose the Site, or any portion thereof, unless and solely to the extent Victory Live makes available the means for embedding any part of the Site;
· Alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Site unless expressly permitted by Victory Live;
· Violate any applicable law in your use of the Site; or
· Attempt to indirectly undertake any of the foregoing.
Your license to use the Site as provided in these Terms shall automatically terminate if you violate any of these restrictions and may be terminated by Victory Live at any time. We further reserve all rights and remedies available to us.
4. Communications
Victory Live may send you emails concerning the Site, as well as the products and/or services offered by Victory Live and its affiliates. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
5. Disclaimers
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VICTORY LIVE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTORY LIVE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
6. Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. VICTORY LIVE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AVAILABLE ON THE SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL VICTORY LIVE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF VICTORY LIVE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
7. Third-Party Links and Services
The Site may provide information and content provided by third parties and links to third-party websites or resources. We are not responsible for the availability of such external sites or resources, and do not control, endorse, or sponsor and are not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Victory Live shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
8. Modification and Discontinuation of the Site
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party in such event.
9. Governing Law,Venue, and Jurisdiction.
The laws of the State of Georgia, USA, excluding Georgia’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms and/or the Site. All claims will be litigated exclusively in the federal or state courts of located in Fulton County, Georgia.
10. Indemnity
You are responsible for your use of the Site, and you agree to defend (at Victory Live’s option), indemnify, and hold harmless Victory Live and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.
Victory Live reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Victory Live may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Victory Live’s prior written consent.
11. Feedback
If you send us any feedback or suggestions regarding the Site or our services, you grant to Victory Live and our affiliates an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use or share any such feedback or suggestions for any purpose without any obligation or compensation to you or any other party.
12.Modification of T&Cs
We reserve the right to update or modify T&Cs at any time without prior notice, and such changes will be effective immediately upon being posted through the Site, except as set forth below. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms.
Disputes arising under these Terms will be resolved in accordance with the version of T&Cs in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
13. General
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Site.
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Victory Live on the Site, shall constitute the entire agreement between you and Victory Live concerning the Site. If any provision of T&Cs is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of T&Cs, which shall remain in full force and effect.
Assignment. We may assign or transfer our rights and obligations under these Terms at any time in our sole discretion. You may not assign or transfer these Terms, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Victory Live’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
14.Contact Us
If you have questions about these Terms or the Site, please contact us by email at [email protected].