Effective September 1, 2019
TERMS OF SERVICE
Welcome to LVSTER! We are passionate about helping you to LIVE LIFE. LOUD. We know that people can use help finding experiences to explore, so we spend our time gathering information about each experiences and sharing the most compelling ones and the LVSTER perspective with you, so you don’t need to do the searching. We encourage you to take advantage of our passion and perspective and know we can help you spend less time finding things to do and more time doing!
You may cancel your LVSTER membership at any time on your account page at LVSTER.com or by emailing [email protected]. A termination by email will only be effective upon your receipt of confirmation of service termination from us.
Description of Service
We currently have two tiers of membership, Basic and Premium. The Basic membership does not require any payment by you to us. The Premium membership is currently available for $5 per month. The LVSTER Basic membership grants you access to curated content through our “What’s On” system, where you can search the entire system for experiences that you may like. The LVSTER Premium membership adds to that by providing curated recommendations for you delivered directly to your inbox and by allowing you access to LVSTER perks that we have negotiated on your behalf with the experience providers. All information is available to you via the website and emails.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses and User Submissions
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are LVSTER, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by LVSTER in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by LVSTER in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of LVSTER or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the LVSTER name or trademarks without the express written consent of LVSTER.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Service.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. LVSTER will not be liable for any loss or damage from your failure to comply with this security obligation. YOU SHOULD NOT SHARE YOUR PASSWORD OR ACCOUNT WITH ANY THIRD PARTY.
- LVSTER Premium members will be billed $5/month, plus applicable taxes, if any, for any month in which you are a Member, unless you are participating during a month in an introductory or “free” trial. You may cancel your LVSTER membership at any time on your account page at LVSTER.com or by emailing [email protected]. A termination by email will only be effective upon your receipt of confirmation of service termination from us.
We reserve the right, at any time, to change any fees or charges for using any features provided as part of the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change and you will have the right to cancel the Service at any time.
Rules for All Users
- You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
- You will not share content from the Service with anyone who is not properly licensed to access the content.
- You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
- You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LVSTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “LVSTER PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE MEMBERSHIP OR YOUR USE OF THE SERVICE OR ANY RECOMMENDED ACTIVITY. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your participation in an event identified by LVSTER is in your sole discretion. LVSTER does not supervise events. As a result, we have no control over actions of the individuals who are present at these events, and we request that our members exercise caution and good judgment when participating in the events. You acknowledge and agree that by participating in any events you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any event referred by LVSTER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LVSTER AND EACH OF THE OTHER LVSTER PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT,. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Membership Fees/Recurring Billing
The membership fee will be billed on the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.
Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your LVSTER Membership through the end of your current billing period.
You may cancel your LVSTER Premium Membership at any time for any or no reason. To cancel your recurring subscription, go to your account page at LVSTER.com or by emailing [email protected]. A termination by email will only be effective upon your receipt of confirmation of service termination from us.
If you have canceled your LVSTER Membership, you will lose access to all features to which you had access during your LVSTER Membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
From time to time, we or others on our behalf may offer trials of paid subscriptions for our LVSTER Membership for a specified period without payment or at a reduced rate (a “Trial”). LVSTER reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription by going to your account page at LVSTER.com or by emailing [email protected]
LVSTER reserves these rights:
- We can make changes to the LVSTER Site and Services without notice or liability.
- We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use LVSTER in that jurisdiction.
- We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
LVSTER is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY EVENT THAT YOU ATTEND AS A RESULT OF USING THE SERVICE,.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE.
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with others who hold events. You acknowledge that all transactions relating to any services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the provider of such events and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER LVSTER PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY EVENT HIGHLIGHTED IN THE SERVICE OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE,NOR ANY OTHER LVSTER PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and the other LVSTER Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
You and LVSTER agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and LVSTER are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
Most communication between LVSTER and you will be sent and received electronically. You agree that all electronic communication between LVSTER and you shall satisfy any legal requirements that such communications be in writing.
Any rights of LVSTER not expressly granted herein are reserved.
- To the extent we provide you notice on the Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
Information We Collect and Receive
We collect and receive information about Members or other users of the LVSTER Platform in a variety of ways.
Information that You Provide to Us
We collect information from you during your use of the LVSTER Platform including, but not limited to:
- When you fill out any forms through the LVSTER Platform;
- When you enter register for a promotional offer;
- When you review a potential event or posted content; or
- When you make a payment.
The information you provide directly to us may concern you or others and may include, but is not limited to: (a) name; (b) email address; (c) mobile telephone number, if any; (d) social media information, such as account names and other details; and/or (e) any other information or content you provide through the LVSTER Platform. Absent the provision of requested information you may not be able to use the LVSTER Platform.
Information We Collect without Your Assistance
We collect and store some of this information using cookies, web beacons and other technologies.
- More about Cookies.
- A cookie is a small data string that is written on your computer’s hard drive by a web server, a computer that hosts a website and responds to requests received from your computer. Cookies help provide a good user experience on a website. Among other things, cookies enable a website to maintain information when a user’s web browser requests a series of web pages.
How We Use the Information that We Collect
To Provide Our Services
We may use your information to provide our Services, to improve our Services or to advertise our Services to you. These uses may, but are not limited to, include the following:
- To operate and make available the LVSTER Platform;
- To enable payments;
- To administer promotions, for any sweepstakes or surveys we may conduct;
- For support;
- For internal record-keeping purposes;
- To process billing and payment including sharing with third-party payment gateways and payment service providers in connection with the LVSTER Platform;
- To analyze LVSTER Platform usage by you and other visitors to the site to improve or modify our offerings or products,
- To improve and maintain the LVSTER Platform and for product development;
- To help prevent fraud or investigate suspected fraud or wrongdoing or other complaints;
- To target Ads;
- To periodically send promotional emails regarding new or special offerings from us or other information that we believe may interest you;
- With your consent, to contact you by telephone or text message regarding any Skill-based Contests; and
- For other research and analytical purposes.
A Note on Our Use of Financial Information: We use financial information solely as authorized by you in accordance with the LVSTER Platform. To keep your financial data secure, we do not store full credit card information on our servers. We have contracted with a third party to execute and manage the processing of your payment card information. For more about security see the section below titled “Our Commitment to Security”.
Combining Information and Our Use of Aggregated Information.
We may combine information that we collect from you through the LVSTER Platform with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide. We may aggregate and/or de-identify information collected through the LVSTER Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, and/or others. If aggregated information results in personally identifiable information, we will treat it as such.
How We Share the Information We Collect and Receive
Who We Share Information With
We may share your information with any affiliates of ours.
We may share information with select business partners, who may use the information for a variety of purposes, including to provide you certain Services associated with the LVSTER Platform.
Other parties in response to legal process or when necessary to protect our Services.
We may disclose your information, including personally identifiable information when we have a good faith belief that:
- It is necessary to respond to lawful governmental requests or legal process (for example, a court order, search warrant, or subpoena); or
- It is necessary to protect our rights or property.
We may provide information about users to third parties for research purposes, in anonymized or aggregated form.
Third Parties that Provide Content, Advertising Services, or Functionality on Our Services.
Some of the functionality on the LVSTER Platform may be provided by third parties who are not affiliated with us. Such third parties include:
- Audience-measurement companies, which help us measure the overall usage of our Services and compare that usage to other online services; and
- Social networking services (like Facebook, Twitter, LinkedIn, and Google) that enable you to login to our Services and to share things you find on our Services with your social network.
“Do Not Track” Signals
Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals.
Our Commitment to Security
Although no one can guarantee the security of the information collected and received, we do employ appropriate physical, procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. We may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures are 100% reliable. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, device and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. We are not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
How to Contact Us
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request at the address immediately above.
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. WE MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. WE WILL POST ITS UPDATED POLICY ON THE SITE, AND MAY ALSO SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT IN ADVANCE OF THE NEW EFFECTIVE DATE. WE ENCOURAGE YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE SITE WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.