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­WEBSITE TERMS OF USE

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The following are the terms for use of potofgold.com and related apps (the “Website”) operated by Lucky Man Concerts, LLC (“Lucky Man”) or its affiliates (collectively, the “Latitude 38 Web Sites”). The Website Terms of Use, which include the Privacy Policy and the Event Terms of Use, govern your access and use of the Website and Event. The Terms of Use apply to the Website and do not apply to the content of third parties.

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. By using the Website, you represent and warrant that you have reached the age of legal majority in your state of residence and are lawfully able to accept these terms and conditions.

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY, If the Website or any product or service offered on the Website requires you to open an account, you must complete the registration process by providing Lucky Man with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lucky Man immediately of any unauthorized use of your account or any other breach of security. Lucky Man will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Lucky Man or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
  2. MODIFICATION OF THESE TERMS OF USE Lucky Man reserves the right to change the terms, conditions, and notices under which the Website is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Website. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.
  3. PROPRIETARY RIGHTS Unless otherwise specified, the Website is for your personal and non-commercial use. The content available through the Website is the property of Lucky Man and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. You acknowledge that Lucky Man retains exclusive ownership of the Website and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the Website or its contents, and Lucky Man reserves all rights not expressly granted hereunder. Without the advance express written permission of Lucky Man, you may not “meta-search” the Website, send, or cause to be sent, any automated queries of any sort to the Website, or use the Website in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to the Website to determine how a website “ranks”.
  4. LINKS TO THIRD PARTY SITES. The Website may contain links to third party websites. These third party websites are not under the control of Lucky Man, and Lucky Man is not responsible for the contents of any third party websites, including without limitation any link contained in a third party website. Lucky Man is not responsible for webcasting or any other form of transmission received from any third party websites nor is Lucky Man responsible if the third party websites is not working appropriately. Lucky Man is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lucky Man of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the third party websites. Any dealings with third parties (including advertisers) included within the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Lucky Man shall not be responsible or liable for any part of any such dealings or promotions.
  5. USE AND RESTRICTIONS. The Website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You agree to only to post, send and receive messages and material that are proper. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms or causes damage to any third party. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree that you will not take any of the following actions:

 

  • Use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).­

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Reverse engineer, alter or modify any part of the Website.
  • Engage in speech or other activity that is intended to attack or demean a particular gender, sexual orientation, race, religion, veteran status, age or disability.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information or material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Use meta tag searches on the Website.
  • Advertise or offer to sell or buy any goods or services for any business purpose.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Use any data mining, robots or similar data gathering or extraction methods or harvest date from other users of the Website.
  • Create a false identity for the purpose of misleading others.
  • Violate any applicable laws or regulations.
  • Use, download or otherwise copy, or provide to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.

 

Lucky Man has no obligation to monitor the Website. However, Lucky Man reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. If you are aware of misuse of the Website, please contact info@luckymanonline.com. Lucky Man reserves the right to terminate your access to the Website at any time, without notice, for any reason whatsoever. Lucky Man reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lucky Man’s sole discretion. Lucky Man does not control or endorse the content, messages or information found in any information or materials posted or uploaded to the Website by a user and, therefore, Lucky Man specifically disclaims any liability with regard to such user materials or information and does not necessarily reflect the opinions of Lucky Man.

Lucky Man shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

  1. MATERIALS PROVIDED TO THE WEBSITE. Lucky Man does not claim ownership of the materials you provide to Lucky Man (including feedback and suggestions) or post, upload, input or submit to the Website for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting Lucky Man, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Website, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a service for the Website.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lucky Man is under no obligation to post or use any Submission you may provide and it may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission. You agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, without limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to Post the material and to grant Lucky Man all of the licenses and rights required to be granted herein.

  1. INDEMNIFICATION. You agree to indemnify, defend and hold harmless, Lucky Man, its affiliates, licensors, members, managers, officers, employees, independent contractors, agents, representatives, successors and assigns (collectively the “Lucky Man Indemnitees”) against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to your conduct on the Website, your use or inability to use the Website, your breach or alleged breach of these Terms or of any representation or warranty contained herein, or your Submissions.
  2. LIABILITY DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITES AND TO THE INFORMATION THEREIN. LUCKY MAN AND/OR ITS RESPECTIVE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. LUCKY MAN AND/OR ITS RESPECTIVE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LUCKY MAN AND/OR ITS RESPECTIVE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT LUCKY MAN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT LUCKY MAN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL LUCKY MAN AND/OR ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION Of OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUCKY MAN OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

LUCKY MAN MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

  1. TERMINATION/ACCESS RESTRICTION. Lucky Man reserves the right, in its sole discretion, to terminate your access to the Website at any time, without notice. Lucky Man may also terminate or suspend your access to any service offered through the Website for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Lucky Man.
  2. NO SPAM; DAMAGES. Lucky Man will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Lucky Man liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Lucky Man’s actual damages, to the extent such actual damages can be reasonably calculated.
  3. SUBSCRIPTION-BASED CONTENT. There may be contents and/or services on the Website that may be offered to you conditioned on your purchase of a subscription or a membership (collectively, a “Subscription”). If you elect to purchase a Subscription and transmit to Lucky Man a Subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all Subscription fees you incur plus all applicable taxes. Your Subscription Is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your Subscription without refund and in additional charges based on unauthorized use.
  4. MISCELLANEOUS PROVISIONS. This agreement is governed by the laws of the State of Arizona, without regard to conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Phoenix, Arizona, in all disputes arising out of or relating to the use of the Website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lucky Man as a result of this agreement or use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement, the Privacy Policy and the Event Terms constitutes the entire agreement between the user and Lucky Man with respect to the Website and the Event and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lucky Man with respect to the Website and the Event. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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