Terms of Service

PLEASE READ OUR TERMS OF SERVICE CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE, INCLUDING MUSIC CONTENT AND OTHER SERVICES WE MAKE AVAILABLE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

Introduction

Welcome! The Terms of Service (the “Terms”) governs the website mellomanic.com (including both mobile and online versions) (the “Site”), including your use of interactive features, content and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by Mellomanic, LLC (“Mellomanic,” “we,” “our” or “us”). By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. Additionally, when signing up to participate in a listening party, you may be required to acknowledge and accept an Licensor’s (defined below) Terms of Service and Privacy Policy as a condition of participation in such Licensor’s listening party.

If You Want to Use the Service,

then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.

By accessing and/or using the Service, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use.

Table of Contents

It is important that you read and understand these entire Terms before using the Service. To ease review, each section below includes a brief introductory summary. Please note that the complete provisions, and not the headings or summaries shall govern. Any capitalized terms have the meanings given to them where defined in the Terms.

Accounts
You may have the opportunity to open, revise and close your accounts, subject to certain rules. We may offer you the ability to make choices regarding how and to whom some aspects of your account are used and seen, but these may not be completely effective. See section 1 for more.
Content, Ownership, Limited License and Rights of Others
We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations. See section 2 for more.
Service and Content Use Restrictions
Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part. See section 3 for more.
Terms Applicable to Purchases
If you make a purchase through the Service, these terms apply. See section 4 for more.
Content You Submit and Event Attendance Rules
You grant us a broad license, which we may sublicense, to the content you submit which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. Use of our Service is subject to Event attendance rules and we have the right to manage our Service to keep its content appropriate. See section 5 for more.
Procedure For Alleging Copyright Infringement
Users may not post content they do not own or control and may be suspended or terminated if they do so. Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this Section. See section 6 for more.
Procedure For Alleging Infringement of Other Intellectual Property
You can also give notice of trademark and other infringements that you think occur on the Service. See section 7 for more.
Notices, Questions & Support
You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided. See section 8 for more.
Links by You to the Service
You may link to our Service, subject to some basic rules. See section 9 for more.
Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisement(s), apps, sites, products and/or services. We may make advertisements and third-party content or services available to you on or via our Service, which we do not control. Use caution when dealing with third parties. See section 10 for more.
Wireless Features
Wireless carrier charges may apply to use of the Service via wireless networks or Devices. See section 11 for more.
Dispute Resolution
You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types of claims within one (1) year. See section 12 for more.
Disclaimer of Representations and Warranties
We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is.” See section 13 for more.
Limitations of Our Liability
Our liability is greatly limited in this Section. Please review it closely for more details. See section 14 for more.
Updates to Terms
These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. The posting of new Terms on the Service constitutes notice to you thereof. See section 15 for more.
General Provisions
You agree to various other terms and conditions, which you should read here, including regarding: (a) our control and discretion; (b) your indemnity of us; (c) availability of products and services; (d) enforcement and interpretation of these Terms; (e) communications with us; (f) investigations, cooperation with law enforcement, termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; and (i) your responsibility for your connectivity and access. See section 16 for more.

Full Details of the Terms of Service

Account Types and Account Details
1. Fan Accounts. Mellomanic provides the Service to allow fans (“Fans”) to sign-up to attend listening parties and/or watch parties of their favorite artists, celebrities and musicians, including bands and any record labels or third party licensor of content (each, an “Licensor”). When signing up to attend a listening party, Fans may be required to create an account on the Service to attend a listening party and interact with other Fans of the Licensor. Licensors may use the Service to host events or other Fan engagement offerings on the Service. Fans interact with Licensors they support, using tools supplied by the Service, and through our Service have the opportunity to engage with a greater community of Fans. As a Fan, you’re creating an account on the Service to be part of an exciting movement to support an Licensor while you gain access to special offerings that Licensors and/or Mellomanic provide, which may include:
  - Messaging Licensors or commenting on their events and Music Content (defined below);
  - Exclusive and engaging experiences and events for Licensors, such as watch parties for Licensor events, live Q&As, documentary screenings and other customer programs, and listening parties for released and unreleased music, voice notes and other custom programs;
  - Ability to purchase merchandise (when offered); and/or
  - Other Fan-exclusive offerings related to a Licensor.
  Any purchases you make on the Service from Mellomanic, including, without limitation, purchases of tickets to attend experiences and events, are subject to certain terms, as further described in Section 4 below.
2. Account Access. No one under thirteen (13) years of age is allowed to create an account or use the Service. In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service. The Service’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username or email address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current and complete; (iii) You are solely responsible for all activities that occur under your account, password and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and (vi) You will not sell, transfer or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete or violates these Terms, any Additional Terms or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others or that abuses our Service in a technical or other way.
3. Profiles. Your account may allow you to post a profile picture or other information accessible to others on the Service (a “Profile Page”). Profile Pages may not include any form of prohibited User-Generated Content, as outlined below. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ Profile Page material. Profile Pages may only be set up by an authorized representative of the individual that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.

Content, Ownership, Limited License and Rights of Others
1. Content. The Service contains a variety of: (i) materials and other items relating to Mellomanic, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks and/or trade identities of various parties, including those of Mellomanic (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing but excluding Music Content (defined below), collectively, “Content”).
2. Ownership. The Service (including past, present and future versions) and the Content are owned or controlled by Mellomanic, our licensors and/or certain other third parties. All right, title and interest in and to the Content available via the Service is the property of Mellomanic or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Mellomanic owns the copyright in the selection, compilation, assembly, arrangement and enhancement of the Content on the Service.
3. Limited License to Content. Subject to your strict compliance with these Terms and any Additional Terms, excluding Music Content (defined below), Mellomanic grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Mellomanic’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
4. Rights to Music Content.
  1. The Service contains interactive tools (the “Platform”) that enables Licensors to make available to Fans and other users of the Service (collectively, “Licensees”), for agreed-upon consideration, certain sound recordings, live performances and other music owned or controlled by the Licensors. Any musical content distributed by an Licensor on the Service shall be collectively referred to hereunder as the “Music Content.” To the extent Licensor and Mellomanic have entered into a separate agreement concerning the Music Content, the terms of that agreement shall control and govern solely with respect to any conflict between the terms of that agreement and the terms of this Section 2(D) of these Terms.
  2. Notwithstanding anything to the contrary contained herein, where applicable, one (1) or more separate agreement(s) between Licensors, on the one hand, and Licensees, on the other hand (each, an “Outside Agreement”), shall control the licensing of any Music Content licensed by Licensors to Licensees on the Service. For the avoidance of doubt, Mellomanic does not grant any licenses or other rights to any users of the Service with respect to Music Content other than as specifically set forth hereunder, and any and all further rights shall be governed by the terms of Outside Agreement(s), if any.
  3. Rights Granted to Mellomanic by Licensors.
    1. For good and valuable consideration, Licensors grant to Mellomanic a license, for so long as Licensors choose to host the applicable Music Content (subject to the terms of any Outside Agreement[s]), to:
    2. The rights granted pursuant to this Section 2(D) with respect to Music Content shall be non-exclusive to Mellomanic, subject to the terms of any Outside Agreement(s). For the avoidance of doubt, it is hereby acknowledged and agreed that the terms of any Outside Agreement(s) may continue for a duration longer than the rights granted to Mellomanic hereunder.
  4. Warranties and Representations. Licensors hereby represents and warrants: (1) there are and there shall be no liens, encumbrances or other charges against the Music Content, including, without limitation, any samples incorporated therein by Licensors and/or any third party engaged by an Licensor; (2) no selections, materials, ideas, or other properties furnished by Licensors and embodied or contained in the Music Content, nor the exercise by Mellomanic of any of its rights hereunder, will violate or infringe upon any law or statutory right of any third party; (3) Licensor has the full right, power and authority to agree to these Terms, grant the rights conveyed to Mellomanic hereunder, and perform Licensor’s material terms and obligations hereunder; and (4) Licensor has not entered into and shall not enter into to any agreement with any other entity, including, without limitation, a third-party record company, distributor, music publisher, or any other person or entity that would conflict, inhibit, restrict or impair the rights granted to Mellomanic hereunder or the performance of Licensor’s obligations under these Terms.
  5. Licensor hereby forever releases and covenants not to sue Mellomanic and/or any of the Mellomanic Parties (defined below) from any and all claims arising out of or in connection with any act or omission of any third party in connection with any Music Content, including, without limitation, any unauthorized commercial exploitation thereof.
  6. YOU UNDERSTAND AND AGREE THAT MELLOMANIC IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LICENSORS AND ANY LICENSEE. YOU ACKNOWLEDGE THAT UNLESS EXPRESSLY SET FORTH ON THE SERVICE, MELLOMANIC DOES NOT LICENSE MUSIC CONTENT DIRECTLY OR FUNCTION AS MUSIC LICENSING COMPANY. THE SERVICE MAY BE USED BY LICENSORS TO MAKE MUSIC CONTENT AVAILABLE TO LICENSEES, BUT YOU AGREE THAT MELLOMANIC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MUSIC CONTENT LICENSED THROUGH THE USE OF THE SERVICE, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. MELLOMANIC HAS NO CONTROL OVER THE CONDUCT OF LICENSORS, LICENSEES, AND OTHER USERS OF THE SITE AND SERVICE OR ANY MUSIC CONTENT AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. MELLOMANIC SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO ANY TRANSACTIONS OR RELATIONSHIP BETWEEN LICENSORS AND LICENSEES.
5. Rights of Others. When using the Service, you must respect the intellectual property and other rights of Mellomanic and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. For the avoidance of doubt, you may not conduct any type of screen recording with any device. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 6 below.

Service and Content Use Restrictions
1. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting prices or merchandise); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing or abusive, or that violate any right of any third party or are otherwise objectionable to Mellomanic; (iv) reverse engineer, decompile, disassemble, reverse assemble or modify any Service source or object code or any software or other products, services or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Mellomanic or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix): (a) use false or deceptive identities, names or accounts; (b) deploy or otherwise use bots, malware, viruses or scrapers; (c) make it appear as though any aspect of your account, User-Generated Content or Music Content including, without limitation, your likes, messages, reposts, etc., are more successful than they actually were through unauthentic interactions by you or third parties you engage, manage or transact with (e.g., click-fraud, manipulating social media followings, etc.); (d) engage in any activities that are designed to defraud or game Mellomanic or third parties; (d) deploy or otherwise use technology to scrape or otherwise gather information from the Service for training AI models; or (e) deploy, or permit any third party to deploy, any technology on, or in connection with, Mellomanic or Mellomanic branded sites, systems or services that can enable the tracking of site or service activities or users, except with Mellomanic prior express written approval; (x) use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards or any other items available on the Service, including sending information from your computer to another computer where such software or system is active; (xi) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (xii) access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval; (xiii) reproduce or scan tickets in a format or medium different from that provided by the Service; (xiv) decode, decrypt, modify or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Service; (xv) use ticket bot technology to search for, reserve or purchase tickets through the Service; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Service, and prohibits you from circumventing any security measure, access control system or other technological control or measure on the Service that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules; or (xvi) otherwise violate these Terms or any Additional Terms.
2. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy or distribute the Content or Music Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content and Music Content; (iv) you will not use such Content or Music Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services or brands; (v) you will not make any modifications to such Content or Music Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content or Music Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Mellomanic or, in the case of Content or Music Content from a licensor, the owner of the Content or Music Content; and (vii) you will not insert any code or product to manipulate such Content or Music Content in any way that adversely affects any user experience.
3. Availability of Service and Content. Mellomanic may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Mellomanic’s sole discretion, and without advance notice or liability.
4. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Mellomanic and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

Terms Applicable to Purchases
1. Generally. To purchase products or services we make available for sale on the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor (over the age of twelve (12)) and have a credit or debit or credit card where an adult has listed you as an authorized user of their card. Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third-party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Mellomanic will automatically bill your credit card or other form of payment submitted as part of the order process for such price. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Service. You will not use ticket bot technology to search for, reserve or purchase tickets through the Service; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Service, and prohibits you from circumventing any security measure, access control system or other technological control or measure on the Service that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
2. Methods of Payment, Credit Card Terms and Taxes. All payments must be made Visa, Mastercard, American Express, Discover, Apple Pay or via the payment methods available on Stripe. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT MELLOMANIC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Mellomanic of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Mellomanic does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Mellomanic or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Mellomanic shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
3. Refund Policy. All purchase transactions made through the Service are subject to Mellomanic’s return policy in effect at the time of purchase. Currently, Mellomanic’s refund policy is to not offer any refunds for any products or services (including tickets) purchased through the Service, except in our sole and absolute discretion. Products purchased from us may be delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the products and shall assume the risk of loss at the time of delivery by us of the products to the third-party delivery company. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.
4. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Mellomanic reserves the right at any time after receipt of your order to accept, decline or otherwise cancel your order for any reason. Mellomanic further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfil your order (in whole or in part). Your order will be deemed accepted by Mellomanic upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (i) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (ii) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Mellomanic has been effected until you receive a confirmation from Mellomanic via email or the Service. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received. We may refuse any order that is connected with a previous credit card dispute or previous apparent fraudulent activity. We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
5. No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Mellomanic shall have the right to refuse or cancel any orders in its sole discretion. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice (including after a purchase has been made). If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from Mellomanic is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
6. Modifications to Prices or Billing Terms. The purchase of products and services on the Service is subject to availability. All descriptions, images, references, features, content, information, specifications, products, and prices described or depicted in connection with the Service are subject to change at any time without notice. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. MELLOMANIC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
7. Offers and Discounts. For promotional offers, such as coupons, vouchers and discounts, restrictions may apply. See offer for full terms and conditions applicable thereto. Offers are not valid on previously purchased online merchandise, merchandise purchased through third parties, gift cards, taxes or shipping and handling, and there is no cash value. Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Offers are not valid if reproduced and they are only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, suspend, impose conditions on or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.
8. Terms Applicable to Purchase of Event Tickets. Some events offered by Licensors may be free to attend while other events will require you to purchase a ticket to attend. We sell tickets for Fan events hosted by an Licensor. We collect any tax as required by state and local laws. When purchasing tickets on our Service, you are limited to one (1) ticket per event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and verified with every transaction. Each account must be linked to a unique individual and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you attempt to exceed the posted ticket limits, we reserve the right to cancel, without notice, any or all orders and tickets, in addition to prohibiting your ticket purchasing abilities. Any tickets canceled due to violating the posted ticket limit may be refunded at face value (excluding fees). Tickets are non-transferable to other individuals or accounts. Occasionally, events are canceled, postponed, rescheduled to a different date or materially different time. If the event is canceled: no action is required to obtain a refund; we will issue a refund to the original method of payment used at time of purchase. If the event is postponed, rescheduled or moved: your ticket(s) (including any additional add-ons or upgrades) are still valid, and no further action is required, and no refunds will be given (however we may allow refunds subject to our discretion). We will not be liable for any other expenses that you or anyone else incurs in connection with a canceled, postponed or rescheduled event. All sales are final and refunds are only allowed in limited circumstances, as explained in this section. Tickets cannot be replaced if they are lost, stolen or corrupted. If a refund is issued, it will be processed to the original method of payment used at time of purchase. You agree that you will not attempt to evade, avoid or circumvent any refund prohibitions in any manner with regard to tickets you purchased. If the amount you pay for a ticket is incorrect (regardless of whether it is incorrect because of an error in a price posted on the Service or otherwise communicated to you), if you are able to order a ticket before its scheduled on-sale or presale date or if you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. If a refund is processed in error, or a refund exceeds the original amount paid, we reserve the right to recharge the original method of payment used at time of purchase. Looking up tickets using multiple browser windows could result in losing your tickets, errors occurring during the purchase process or timer expiration (if any). A ticket is a revocable license and admission may be refused. A ticket is not redeemable for cash. You agree that the event for which you purchase tickets is a public event, that your appearance and actions where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us, the Licensor(s), our partners, licensees and assigns, including, but not limited to, our brand and media partners, to utilize your name, image, likeness, comments, appearance, likes and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. You may view the event solely for your own personal purpose. You may not record, copy, publicly exhibit, transmit or distribute any virtual event through any means, resell views of any virtual event or allow others to log into your account for the purpose of watching an event, unless written authorization is given by us. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or to have been, in violation of our policies. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless written authorization is given by us.

Content You Submit and Event Attendance Rules
1. User-Generated Content.
  1. General. Mellomanic may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, likes, feedback, surveys, responses, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein but expressly excluding Music Content (collectively, “User-Generated Content”). Mellomanic may allow you to do this through forums, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
  2. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary” or the like – and will not be returned; and (b) Mellomanic does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Mellomanic’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Mellomanic, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Mellomanic retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Mellomanic’s receipt of your Unsolicited Ideas and Materials is not an admission by Mellomanic of their novelty, priority, or originality, and it does not impair Mellomanic’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
  3. License to Mellomanic of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, you grant to Mellomanic the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Mellomanic to your User-Generated Content, you also hereby grant to Mellomanic, and agree to grant to Mellomanic, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(A)(iii).
  4. Exclusive Right to Manage Our Service. Mellomanic may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Mellomanic may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 5(B)). Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
  5. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Mellomanic the rights to it that you are granting by these Terms and any Additional Terms, all without any Mellomanic obligation to obtain consent of any third party and without creating any obligation or liability of Mellomanic; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Mellomanic’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
  6. Enforcement. Mellomanic has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Mellomanic’s cost and expense, to which you hereby consent and irrevocably appoint Mellomanic as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
2. Event Attendance Rules. As a user of the Service, these Event Attendance Rules (“Rules”) are here to help you understand the conduct that is expected of Fans who attend Licensor events (“Events”).
  1. Nature of Rules. Your participation in Events is subject to all of the Terms, including these Rules:
    - Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Mellomanic (for example, if someone has taken a picture of you and your friend, and you submit that photo to Mellomanic as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.).
    - Maintain Appropriate Rights in Your User-Generated Content. With respect to all User-Generated Content that you submit, you represent and warrant that the material is either fully original to you or that you have all the necessary rights, licenses, permissions, clearances and consents needed from third parties in order for you to submit your User-Generated Content (including, but not limited to, all copyright and right of publicity and privacy rights) for you to comply with the terms of this Agreement. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties (other than Mellomanic). Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet or other source. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or provides services in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Mellomanic. (For example, if someone has taken a video of you and your friend, and you submit that video to Mellomanic as your User-Generated Content, then you must obtain your friend’s and the videographer’s permission to do so.) We may require, at any time, proof of the permissions referred to above in a written form acceptable to us. Failure to provide such proof may lead to, among other things, such User-Generated Content being rejected from posting on the Service.
    - Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Events for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
    - Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal or other similarly inappropriate activity.
    - Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate or misleading, or that misrepresents your identity or affiliation with a person or company.
    - Others Can See. We hope that you will use the Events to exchange information and content and have venue appropriate discussions about job search-related issues with other members. However, please remember that the Events are public or semi-public and User-Generated Content that you submit on the Service within an Event may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address or other personally identifiable information or contact information) on Event spaces and take care when disclosing this type of information to others.
    - Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, email address, Social Security number, credit card number, medical information, financial information or any other information that may be used to track, contact or impersonate that individual, unless, and in the form and by the method, specifically requested by Mellomanic.
    - Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
    If you submit User-Generated Content that Mellomanic reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.
  2. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
3. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us at support@mellomanic.com. For alleged infringements of intellectual property rights, see Sections 6 and 7 below.

Procedure For Alleging Copyright Infringement
1. DMCA Notice. Mellomanic will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
  1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
  4. your full name, address, telephone number and email address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  7. your electronic or physical signature.
  Mellomanic will only respond to DMCA Notices that it receives by mail, email or facsimile at the addresses below:
  By Mail: Mellomanic, LLC, 177 E. Colorado Blvd., #200 Pasadena, CA 91105 (Attn: Spencer Petterson)
  By Email: spencer@mellomanic.com
  It is often difficult to determine if your copyright has been infringed. Mellomanic may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Mellomanic may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
  We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
  Without limiting Mellomanic’s other rights, Mellomanic may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Mellomanic.
2. Counter-Notification. If access on the Service to a work that you submitted to Mellomanic is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
  1. a legend or subject line that says: “DMCA Counter-Notification”;
  2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. your full name, address, telephone number, email address, and the username of your account;
  5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  6. your electronic or physical signature.
  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
  If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Procedure For Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us an email to support@mellomanic.com that includes all of the following:
1. a legend or subject line that says: “Intellectual Property Infringement Notice”;
2. a description of the intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
4. your full name, address, telephone number and email address;
5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
7. your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Mellomanic with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

Notices, Questions & Support
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.
If you have a question regarding using the Service, you may contact us at support@mellomanic.com. You acknowledge that the provision of customer support is at Mellomanic’s sole discretion and that we have no obligation to provide you with customer support of any kind. The Service may provide chatbot and managed chat support functionality. If you use these features, you agree that we may record and retain a transcript of all communications with you via our chatbot and managed chat tools to provide the chatbot and for quality and verification purposes. The chatbot and managed chat functionality is limited to Service-related inquiries and may not be monitored in real time. By using the chatbot or managed chat you agree that your use will be limited to Service-related inquiries. Your use of the chatbot is governed by these Terms and collection of your data in connection with the chatbot will be governed by ourPrivacy Policy.

Links by You to the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Mellomanic or cause any other confusion, and (c) the links and the content on your website do not portray Mellomanic or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing or abusive, or that violate any right of any third party or are otherwise objectionable to Mellomanic. Mellomanic reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

Linked-To Websites; Advertisements; Dealings with Third Parties
1. Linked Services; Advertisements. The Service may contain links, as part of third-party ads on the Service or otherwise, to or from third-party websites (“Linked Services”), including websites operated by advertisers, licensors, licensees, recruitment services and certain other third parties who may have business relationships with Mellomanic. Mellomanic may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Mellomanic does not assume any obligation to review any Linked Services. Mellomanic does not endorse, approve or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services or other items. Furthermore, Mellomanic is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, Mellomanic will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. Mellomanic disclaims all liability in connection therewith.
2. Dealings with Third Parties. Any interactions, correspondence, transactions and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Mellomanic disclaims all liability in connection therewith.

Wireless Features
1. Wireless Features.The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier to find out what plans are available, how much they cost, and for any questions regarding these issues.
2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. You are responsible for maintaining all devices, equipment and services needed to receive communications through these Wireless Features.
3. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s) to Mellomanic and/or its third-party partners via the Service, you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, RCS, or successor protocols or technologies) from or on behalf of Mellomanic and its third-party partners, related to your account(s), transactions, events, and/or your relationship with Mellomanic. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Mellomanic and its third-party partners may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means. You agree to receive automated calls and text messages from Mellomanic and its third-party partners even if you cancel your account or terminate your relationship with us, unless you opt-out of such calls and texts. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.
4. SMS Program Offerings. Mellomanic and/or its third-party partners may offer from time to time a text message (e.g., SMS, MMS, RCS, or other successor technologies) program (“SMS Program(s)”), through which Mellomanic and/or its third-party partners send periodic automated text messages with Mellomanic and/or third-party partner offers, such as coupons and discounts. You will only receive these automated marketing text messages if you have opted in to an SMS Program. You are not required to opt in to automated marketing text messages to make any purchase or to access the Services. Message frequency varies. Message and data rates may apply. Check with your wireless carrier if you have questions about your plan and its coverage. See the Opt-Out Instructions below for information on how to stop receiving marketing text messages.
5. Providing Accurate Telephone Numbers and Other Contact Information. You verify that any contact information provided to Mellomanic and/or third-party partners via the Service, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide and that you are authorized to consent to and receive communications at that telephone number. You are strictly prohibited from providing a phone number that is not your own. If you provide your phone number(s) in conjunction with a business account, you represent and warrant that any such number is a business telephone number and agree it shall not be treated as a residential telephone line for purposes of any communications from or on behalf of Mellomanic and its third-party partners. If we discover that any information provided in connection with your account is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP in response to the last message you received from us or by contacting us at support@mellomanic.com.
6. Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time by texting STOP to the last text message you received from us or by contacting us at support@mellomanic.com and specifying that you want to opt out of automated and/or marketing calls and/or text messages and providing the phone number to be opted out. You may also text HELP for help. You acknowledge and agree to receive a final text message confirming your opt-out; this message may also seek to clarify the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. Please allow up to ten (10) business days to process any opt-out request. To opt out of a third-party partner SMS Program, contact the third-party partner directly.
7. Fees and Charges. There is no fee to receive automated text messages from or on behalf of Mellomanic. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Mellomanic and third-party partners are not responsible for such charges.
8. Unauthorized Use of Your Telephone Device. You must notify Mellomanic immediately of any breach of security or unauthorized use of your telephone device. Although Mellomanic, our agents, and affiliates will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Dispute Resolution
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
1. First—Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute or claim arises out of or relates to the Service, including, without limitation, gift cards offered via the Service, any advertising or marketing communications regarding Mellomanic or the Service, any products or services sold or distributed through the Service, the Content, your User-Generated Content, these Terms, any Additional Terms or any other controversy, allegation, dispute or claim against Mellomanic, its parent, and all of their related entities, regarding any interaction or transaction between you and or Mellomanic, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Mellomanic’s actual or alleged intellectual property rights (an “Excluded Dispute,” which includes those actions set forth in Section 12(F)), then you and we agree to engage in good-faith informal efforts to resolve the Dispute or Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 12(A). Your notice to us must be sent via email to: spencer@mellomanic.com (Attn: Spencer Petterson). The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any purchase or transaction at issue (if any and if available), and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, Mellomanic and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and Mellomanic in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Mellomanic to resolve the Dispute or Excluded Dispute on terms with respect to which you and Mellomanic, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Mellomanic agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).
2. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 12(A) within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND Mellomanic (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.
  For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between Mellomanic and you regarding these Terms (and any Additional Terms) and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Mellomanic and you agree, however, that the applicable state, or federal law, as contemplated in Section 12(J) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Mellomanic regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 12 if the parties mutually agree.
  Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules of the AAA (collectively, “AAA Rules”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Mellomanic consent to in writing.
3. Arbitration Process. If after sixty (60) days the informal dispute resolution procedure set forth in Section 12(A) above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the AAA Rules; but if the AAA Rules (or other applicable arbitration rules or laws) require Mellomanic to pay a greater portion or all of such fees and costs in order for this Section 12 to be enforceable, then Mellomanic will have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Section 12(D), the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the AAA Rules and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Limitations of Our Liability“ Section above as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Mellomanic will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
4. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Mellomanic by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Mellomanic shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process; the parties may but are not required to agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings pursuant to this provision. In the bellwether process, a single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator during the bellwether process unless the parties agree otherwise. After decisions have been rendered in the first ten (10) cases, Mellomanic and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of twenty (20) cases, Mellomanic and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the decided bellwether cases; if a global settlement cannot be reached in the second mediation, the parties also may discuss with the mediator the process for resolving the remaining cases with the benefit of the decisions in the first two (2) rounds of bellwether cases; the parties are not required to agree to any modifications to the process set forth herein. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, in order to increase the efficiency of administration and resolution of arbitrations, the arbitration provider shall: (i) administer the arbitration demands in batches of fifty (50) demands per batch (to the extent there are fewer than fifty (50) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one (1) arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Mellomanic and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. Mellomanic does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12(D). The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Section 12(D) from the time of the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this Section 12(D) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Mellomanic.
5. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 12(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES—OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 12(A); (b) filing for arbitration as set forth in Section 12(B); or (c) filing an action in state or federal court.
6. Injunctive Relief. The foregoing provisions of this Section 12 will not apply to any legal action taken by Mellomanic to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or Mellomanic’s intellectual property rights (including any that Mellomanic may claim are in dispute), Mellomanic’s operations and/or Mellomanic’s products or services.
7. No Class Action Matters. YOU AND MELLOMANIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated for mass arbitrations set forth in Section 12(D), Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 12(H). Notwithstanding any other provision of this Section 12, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement.
8. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and Mellomanic consent to the exclusive personal jurisdiction and venue of such courts for such matters.
9. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.
10. Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of California, without regard to its conflicts of law provisions.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Mellomanic, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors and assigns (collectively, the “Mellomanic Parties”), hereby disclaim and make no representations, warranties, endorsements or promises, express or implied, as to:
1. the Service (including the Content, Music Content and the User-Generated Content);
2. the functions, features, or any other elements on, or made accessible through, the Service;
3. any products, services, developer code or instructions offered or referenced at or linked through the Service;
4. security associated with the transmission of your User-Generated Content transmitted to Mellomanic via the Service;
5. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
6. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
7. whether any defects to, or errors on, the Service will be repaired or corrected;
8. whether your access to the Service will be uninterrupted;
9. whether the Service will be available at any particular time or location; and
10. whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A MELLOMANIC PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MELLOMANIC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

LIMITATIONS OF OUR LIABILITY
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY MELLOMANIC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
1. the Service (including the Content, Music Content and the User-Generated Content);
2. your use of or inability to use the Service, or the performance of the Service;
3. any action taken in connection with an investigation by Mellomanic Parties or law enforcement authorities regarding your access to or use of the Service;
4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
5. any injury or damages you sustain directly or indirectly as a result of your use of the Service, any products or services (including tickets to events) or any Music Content;
6. any errors or omissions in the Service’s technical operation; or
7. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Mellomanic Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MELLOMANIC PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID MELLOMANIC TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

General Provisions
1. Mellomanic’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grant Mellomanic a right of consent or approval, or permits Mellomanic to exercise a right in its “sole discretion,” Mellomanic may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by Mellomanic without being in writing and signed by an officer of Mellomanic.
2. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Mellomanic Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Mellomanic Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any federal or state laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service, including, without limitation, the federal Telephone Consumer Protection Act and state law equivalent statutes, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Mellomanic Parties’ use of the information or content that you submit to us (including your User-Generated Content and Music Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Mellomanic Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Mellomanic Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Mellomanic Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Mellomanic Party. Your indemnity obligations survive termination of this Agreement.
3. Availability of Products and Services; International Issues. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service or other feature described or available on the Service to any person, entity, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
4. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
5. Communications. As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Investigations; Cooperation with Law Enforcement; Termination; Survival. Mellomanic reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Mellomanic in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Mellomanic under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Mellomanic, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms (including the terms applicable to User-Generated Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mellomanic in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
7. Assignment. Mellomanic may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Mellomanic.
8. No Waiver. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or Mellomanic in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict Mellomanic’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
9. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.