Terms Of Use

The following terms and conditions govern the use of the Moshtix application programming interfaces (the “Moshtix API”). By using the Moshtix API, you agree to the terms below. If you disagree with any of these terms, Moshtix does not grant you a license to use the Moshtix API. We reserve the right to update and change these terms from time to time without notice.

Your license to the Moshtix API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Moshtix API. Moshtix may terminate the license at any time for any reason. Your rights to use the Moshtix API terminate automatically if (i) you violate any of these terms, (ii) Moshtix sends a written notice of termination to you, or (iii) Moshtix disables your access to the Moshtix API.

Licensed Uses and Restrictions

The Moshtix API is owned by Moshtix and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable, non-transferable basis on the terms and conditions set forth herein. These terms define legal use of the Moshtix API, including all ticket purchases, updates, revisions, substitutions, and any copies of the Moshtix API made by or for you. Moshtix content (event name, dates, times, venue name, and additional information such as Tickets, Attendees, Orders (“Event Content”) are owned by the organizers and/or Moshtix. Any purchase of tickets through the Moshtix API will be governed by Moshtix’s Terms of Use, located at www.moshtix.com. All rights not expressly granted to you are reserved by Moshtix.

You shall:

Comply with the Moshtix Terms of Use at www.moshtix.com.
Remove from your application within 24 hours any Event Content or other information or tickets that the owner asks you to remove.
Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

You shall not:

Use the Moshtix API for any application that replicates or attempts to replace the unique essential user experience of Moshtix.com or the Ticketmaster apps.
Use the Moshtix API to spam, incentivize, or harass users.
Participate in any “like”, “share”, “comment”, or “follower” exchange programs.
Use the Moshtix API to post automated content to Moshtix, including likes and comments that were not initiated and entered by an Moshtix user.
Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Moshtix API.
Cache or store any Event Content other than for reasonable periods in order to provide the service you are providing.
Use the Moshtix API for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
Use the Moshtix API in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use Moshtix as a generic image hosting service for banner advertisements, graphics, etc.
Use the Moshtix API in a manner that adversely impacts the stability of Moshtix.com servers or adversely impacts the behavior of other applications using the Moshtix API. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
Sell, lease, or sublicense the Moshtix API or access thereto or derive revenues from the use or provision of the Moshtix API, whether for direct commercial or monetary gain or otherwise, except as set forth below.

Ownership and Relationship of Parties

The Moshtix API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Moshtix’s rights apply to the Moshtix API and all output and executables of the Moshtix API, excluding any software components developed by you which do not themselves incorporate the Moshtix API or any output or executables of the Moshtix API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Moshtix owns all rights, title, and interest in and to the Moshtix API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Moshtix, including (but not limited to) the Moshtix API and Moshtix trademarks.

Support

Moshtix may elect to provide you with support or modifications for the Moshtix API (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Moshtix may change, suspend, or discontinue any aspect of the Moshtix API at any time, including the availability of any Moshtix API. Moshtix may also impose limits on certain features and services or restrict your access to parts or all of the Moshtix API or the Moshtix Web site without notice or liability.

Warranty Disclaimer

THE API, API-WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOSHTIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MOSHTIX MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE API . THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE API OR THE INFORMATION, MOSHTIX CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE API WEBSITE. IN NO EVENT SHALL MOSHTIX OR ANY OF THEIR AGENTS, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR LICENSEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE API , EVEN IF MOSHTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE API IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. MOSHTIX SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR MOSHTIX CONTENT REFERENCED IN OR APPEARING IN THE API . YOUR PARTICIPATION IN THE API IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOSHTIX OR THROUGH MOSHTIX, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, THAT YOUR USE OF THE API IS AT YOUR SOLE RISK. LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL MOSHTIX OR ANY OF THEIR AGENTS, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR LICENSEES BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE API OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE API , INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE OPERATORS TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE API WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT MOSHTIX WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Moshtix, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Moshtix API. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “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.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Moshtix and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Moshtix API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

General Terms

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and Moshtix shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Moshtix, express or implied, and you shall not attempt to bind Moshtix to any contract.

Invalidity of Specific Terms. If any provision of the API Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.

Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and Moshtix shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Moshtix agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.

No Waiver of Rights by Moshtix. Moshtix’s failure to exercise or enforce any right or provision of the API Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between Moshtix and you with respect to the subject matter hereof.

Live Nation Entertainment, Inc.
9348 Civic Center Drive
Beverly Hills, CA 90210
Attn: Trademark Department, Legal
copyrightofficer@livenation.com