Last Updated: July 2022
Welcome to the Live Nation Virtual Commemorative Ticket Platform! These Terms of Use (“VCT Terms”) set out the terms under which Live Nation offers users (each, a “User”, “you” or “your”) the right to use and enjoy the platform set forth at https://livenation.live-nfts.com (or such other URL we may designate from time to time), as well as any mobile apps, products or other services or applications related thereto (collectively, the “VCT Platform”).
The VCT Platform is considered part of the “Site” as defined in our general website Terms of Use (“General Terms”). The General Terms are incorporated by reference into these VCT Terms, meaning that the General Terms also govern your use and access of the VCT Platform (including the Disclaimer of Warranties and Limitation of Liability sections of the General Terms). If there’s ever a conflict between the terms of these VCT Terms and the General Terms, these VCT Terms will supersede and control. If there are capitalized terms that are used in these VCT Terms but are not defined herein, then those capitalized terms will have the meanings set forth in the General Terms.
NOTICE REGARDING FUTURE CHANGES TO TERMS OF USE:
As the VCT Platform evolves, we may need to make changes to these VCT Terms. Any changes we make to these VCT Terms will be effective immediately when we post a revised version of these VCT Terms on the VCT Platform. The “Last Updated” date above will tell you when these VCT Terms were last revised. By continuing to use the VCT Platform after that date following the posting of any notice of any change to these VCT Terms or the General Terms constitutes your acceptance and agreement to such change. If any provision of these VCT Terms or any future changes are unacceptable to you, please do not use the VCT Platform.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:
As a reminder, the General Terms contain a mandatory arbitration clause, which also applies to your use of the VCT Platform. Except for certain types of disputes specified in that mandatory arbitration clause, you agree that disputes between us regarding the VCT Platform will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration. This agreement and waiver, along with some limited exceptions, are explained further here.
Table of Contents:
The VCT Platform provides you with the opportunity to collect and showcase Virtual Commemorative Tickets that we mint and issue as non-fungible tokens (each, a “VCT”). We may also permit you to purchase, bid on, trade and sell VCTs. Users who make their VCTs available for sale via the VCT Platform are referred to as “Sellers”. Users who buy or otherwise acquire VCTs via the VCT Platform are referred to as “Buyers”. The VCT may be associated with certain digital media and art (“VCT Media”), such as video clips, images, sounds or other content. Your right to access and use the VCT Platform is set forth in the license grant set forth in Section 3 of the General Terms (Ownership of Content and Grant of Conditional License).
YOU MAY NOT BUY, SELL, TRADE, OR TRANSFER VCTS ON THE VCT PLATFORM UNLESS YOU ARE OVER 18 YEARS OLD OR HAVE PARENTAL CONSENT IF YOU ARE UNDER 18 YEARS OLD.
You may browse and view some of our products on the VCT Platform without creating a User account. However, to transact on the VCT Platform (such as purchasing or selling VCTs), you will need to sign in with your Live Nation or Ticketmaster account (each such account, your “Account”). Section 1 of the General Terms (Account Registration) will apply to your Account. You may not attempt to conceal your identity including by using multiple Accounts or email addresses, or by any other means, to conduct transactions on the VCT Platform via multiple accounts. You are solely responsible for the security of your Account.
When you redeem, buy or sell your first VCT via your Account, a digital wallet will be created that will be associated with your Account (“VCT Platform Wallet”). All VCTs you redeem or purchase with your Account will be placed in your VCT Platform Wallet.
You may be able to transfer your VCTs from the VCT Platform Wallet associated with your Account to your own external wallet via tools we or our providers may make available to you on the VCT Platform. If you choose to do this, you agree that we will have no responsibility or liability for your use of such external wallets or accounts, or for any problems that arise in transferring VCTs from your VCT Platform Wallet to an external wallet or account.
As part of the VCT Platform, we may make available VCTs directly to you or we may facilitate transactions for purchases and sales of VCTs between Buyers and Sellers. We are not a broker, financial institution or creditor. We are not a not party to any sales agreements between Buyers and Sellers on the VCT Platform, and we are not responsible for any breach or default by a Seller or a Buyer. However, we reserve the right to be the final decision maker on any disputes arising from purchases of VCTs via the VCT Platform, including in connection with any auctions or other purchase methods.
If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
For VCTs that can be resold, we collect revenue on the VCT Platform via transaction fees and other applicable fees from the sale and re-sale of VCTs, which we display when you interact with the VCT Platform. You are responsible for your interactions with other Users. Live Nation reserves the right, but is not obligated, to monitor interactions between Users, and Live Nation is not liable for your interactions with other Users, or for any User's actions or inactions.
In order to transact on the VCT Platform, we may require you to provide additional information and documents as required by applicable law or regulation. For instance, before you transfer any VCTs from your Account (and corresponding VCT Platform Wallet) to any other wallet or account, we may request additional information as required by applicable law or regulation, including laws related to anti-money laundering. In such cases, we, in our sole discretion, may pause or cancel your transactions within the VCT Platform until we, and/or our service providers, have reviewed these documents and accepted them as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, your transactions may not be processed on the VCT Platform. You acknowledge that there may also be a time delay between the time when you submit such information and when we and/or our service providers are able to complete any anti-money laundering, know-your-client or similar checks.
You agree that you will not (a) use the VCT Platform to carry out any illegal or unauthorized purpose, including without limitation money laundering, terrorist financing, or engaging in, encouraging or promoting any activity that violates these VCT Terms; (b) engage in any deceptive or manipulative trading activities; (c) place misleading bids or offers; and (d) use the VCT Platform to carry out any financial activities subject to registration or licensing, including without limitation creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
If you have reason to believe that an VCT listed on the VCT Platform was illegally obtained or created, please contact us immediately at the contact information set forth below. If we determine from the evidence that the VCT was illegally obtained or created, we will attempt to remove or hide it from the VCT Platform or disable trading of it via the VCT Platform.
The following terms apply to your use of the VCT Platform as a Buyer:
You are responsible for any transaction fees or other fees that may be associated with your purchase of VCTs on the VCT Platform. We may use third party service products and services to facilitate such transactions or to process your funds. We are not responsible for any third party products and services and provide them only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party products and services.
Buyers can make offers on VCTs listed for sale via the VCT Platform and such offers are considered legally binding offers to purchase the VCT capable of immediate acceptance by us or the Seller of such VCT. If you make a bid on an VCT in an auction, your bid is a binding contract, and you are committing to buy the VCT if you win the auction.
You will pay all charges incurred by you or any users of your Account and payment methods at the price(s) in effect when such charges are incurred, including any applicable taxes and services fees. You may only use payment methods that belong to you or to people who expressly authorize you to use such payment methods. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the VCT Platform, or any other payment or transactions that you conduct via the VCT Platform.
All purchases are final, and in no event will there be refunds, exchanges, or credits for any purchases that you might make via the VCT Platform. Notwithstanding the foregoing, if the VCT you purchase is not delivered to your VCT Platform Wallet within three (3) business days, in certain circumstances we may issue you a refund upon your request. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to your purchases on the VCT Platform. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment you used to purchase an VCT via the VCT Platform. Should you do so, we may, in our sole discretion, refuse to honor pending and future purchases made from your Account, and may prohibit future purchases from all persons in whose name the payment method account exists, and from any person who accesses any associated online account or who otherwise breaches this provision, from using the VCT Platform.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the VCT Platform and the VCTs you purchase via the VCT Platform, except for income taxes levied on us as a result of such purchases of VCTs.
All right, title and interest (including all copyrights, trademark rights and all other intellectual property rights) in any VCT and VCT Media associated with any VCTs you purchase on the VCT Platform are owned by us or our licensors. Your purchase of a VCT does not give you any right, license, or ownership in or to the VCT Media associated with your purchased VCT other than the rights expressly contained in these VCT Terms. You do not have the right, except as otherwise set forth in these VCT Terms, to reproduce, distribute, display, alter, manipulate, edit, create derivatives, or commercialize the VCT Media associated with a VCT, in whole or in part, in any way.
Subject to your continued compliance with these VCT Terms, if you purchase a VCT, we or our applicable licensors hereby grant you a personal limited, non-exclusive, non-sublicensable license to view and display the VCT Media associated with the VCT solely for the following purposes: (a) for your own personal, non-commercial use; and (b) as part of a marketplace or other platform that permits the display, purchase and sale of such VCT, provided the marketplace or platform has mechanisms in place to verify your ownership of the VCT. This license will continue only so long as you continue to own the VCT and shall be a part of all subsequent sales of the VCT in perpetuity. If you sell, trade, donate, give away or otherwise dispose of your VCT, all of your rights in and to the VCT and the associated VCT Media will transfer to the subsequent buyer, and you will have no further rights in the VCT or the VCT Media.
You agree that you will not, nor permit any third party to do or attempt to do any of the following in connection with any of the metadata or VCT Media associated with a VCT you acquire via the VCT Platform: (i) apply for, register, or otherwise use or attempt to use the metadata or VCT Media, in whole or in part as a trademark, service mark, or any confusingly similar mark, anywhere in the world, (ii) modify the metadata or VCT Media in any way, including, without limitation, the text, shapes, designs, drawings, attributes, or color schemes; (iii) use the metadata or VCT Media to advertise, market, or sell any product or service; (iv) use the metadata or VCT Media in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (v) use the metadata or VCT Media in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these VCT Terms or solely for your own personal, non-commercial use; or (vi) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the metadata or VCT Media.
The following terms apply to your use of the VCT Platform as a Seller:
We may allow you to sell your VCT to other Users. You acknowledge and agree that as part of our commission for allowing you to trade and/or sell a VCT via the VCT Platform, we may collect a portion of all transaction revenues from the sale and re-sale of the VCT on the VCT Platform and other platforms.
If you sell a VCT via an auction on the VCT Platform, you may be permitted to establish a specific start and end time for the auction and may also include a starting price. Unless otherwise indicated, VCTs will be sold to the highest bidder, no matter what the bid amount is; provided that if you included a starting price or reserve price, the starting price or reserve price must be met. An auction may be cancelled only as permitted via the functionality of the VCT Platform, and in some cases, auctions may be non-cancellable.
If you sell, gift, trade, or transfer a VCT, whether via the VCT Platform or otherwise, you agree that you will not have any claims against us for any breach of these VCT Terms by the Buyer or any other purchaser if the VCT is not sold on the VCT Platform.
The following additional terms apply to Sellers and other parties who have been granted administrative access to the VCT Platform to act on behalf of our clients:
In connection with your use of the VCT Platform, you may be able to post, upload, or submit other content via the VCT Platform, separate from the metadata and VCT Media tied to an VCT. Such additional content may include comments on VCTs, VCT item descriptions or other user generated content. Such content will be deemed “User Content” as defined in the General Terms, and you grant us a license in such User Content as set forth in the General Terms. For clarity, metadata and VCT Media are not considered User Content.
You agree that other Users of the VCT Platform will have the right to comment on and/or tag your User Content and/or to use, publish, display, modify or include a copy of User Content as part of their own use of the VCT Platform; except that the foregoing does not apply to any of User Content that we may permit you to post privately for non-public display on the VCT Platform. By posting or submitting User Content to the VCT Platform, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your User Content. You agree that your User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
We have the right to (a) remove or refuse to post any of User Content for any or no reason in our sole discretion; and (b) take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that User Content violates these VCT Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the VCT Platform or the public, or could create liability for us, our clients or other Users.
You may choose to submit feedback, comments, ideas or other feedback about the VCT Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
We may, but are not obligated to, monitor the VCTs, metadata, VCT Media and User Content uploaded to the VCT Platform for any infringement of a third party's intellectual property rights. If you believe that any User Content that is available on the VCT Platform infringes your copyright, you may send us a notice that the content be removed. Please submit the notice in accordance with the provisions of the Section of the General Terms entitled “Claims of Copyright Infringement on the Site.”
WE DO NOT REPRESENT OR WARRANT THAT THE VCT PLATFORM OR ANY VCTS LISTED ON THE VCT PLATFORM, BLOCKCHAIN, OR OUR OR OUR CLIENTS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO ANY USE OF VCTS, INCLUDING WITHOUT LIMITATION ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE VCT PLATFORM OR ANY VCTS.
VCTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN A BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT WE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY VCTS.
WE ARE NOT RESPONSIBLE FOR ANY LOSS DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE VCTS. WE ARE NOT RESPONSIBLE FOR LOSS DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING VCTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
As a Buyer, you acknowledge that you have obtained sufficient information to make an informed decision to purchase a VCT. Any purchase, display, gift, trade, transfer, or sale of an VCT you make, accept or facilitate outside of the VCT Platform will be entirely at your risk. We don't control or endorse purchases or sales of VCTs outside of the VCT Platform, and expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in VCTs outside of the VCT Platform.
Certain parts of the VCT Platform may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the VCT Platform, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or for any other materials, products, or services of third parties.
You further acknowledge and agree that:
Without limiting the generality of the section titled “Indemnification” of the General Terms , which also applies to your use of the VCT Platform, you further agree that if anyone brings a claim against us related to your use of the VCT Platform or your collection, holding, purchase, sale, marketing, or promotion of any VCTs on the VCT Platform, you agree to indemnify, defend and hold us and our affiliated companies, Event Organizers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
You may discontinue your access to and use of the VCT Platform at any time.
We, in our sole discretion and for any or no reason, may terminate these VCT Terms and suspend and/or terminate the VCT Platform or your Account without prior notice. You agree we will not be liable to you or to any third party for any such suspension or termination. If we terminate these VCT Terms or suspend or terminate your access to or use of the VCT Platform due to your breach of these VCT Terms or any suspected illegal activity, then termination of these VCT Terms will be in addition to any other remedies we may have at law or in equity.
Upon any termination or expiration of these VCT Terms, whether by you or us, you may no longer have access to information that you have posted on the VCT Platform or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information.
If you have any questions, comments or complaints regarding these VCT Terms or the VCT Platform, please contact us at:
Live Nation Entertainment, Inc. Attn: General Counsel 9348 Civic Center Drive Beverly Hills, CA 90210 (800) 653-8000 Email
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.