Watch Live Jazz International BV, (hereafter “WLJ”) is pleased to offer access to pay-per-view concerts and related content (collectively, the “Content”) in accordance with these Pay-Per-View Terms and Conditions (this “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE CONTENT BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND WLJ.
By accessing the Content, you acknowledge that you have read this Agreement, you understand it, and you unconditionally accept and agree to comply with and be bound by its terms. You are agreeing to these things regardless of how you access the Content. If you are not willing to be bound by the terms of this Agreement, you should refrain from accessing the Content. WLJ may modify this Agreement at any time with or without prior notice even though such changes may affect your ability to access the Content. If you continue to access the Content in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally agreed to such changes. If the English version of this Agreement has been translated into non-English languages, then in the event of a conflict or inconsistency between the English version and the other language versions, the English version shall prevail, govern and control.
If you are a parent or guardian permitting a person under the age of majority in his or her home state (a “minor”) to access the Content, you agree to: (i) exercise supervision over the minor’s access of the Content; (ii) assume all risks associated with the minor’s access to or use of the Content; and (iii) assume liabilities resulting from the minor’s access to or use of the Content, including payment obligations.
- Account Registration: To purchase access to the Content through WLJ, you do not need to create an account with WLJ. To purchase a concert, you will be required to provide certain personal information about yourself (collectively, “Registration Information”), and may be required to provide a valid credit card or other accepted method of payment (a “Payment Method”). Once your payment is cleared, you will receive a direct link to the Content. You are responsible for use of this link. You are not allowed to share this link. You agree to provide accurate, current, and complete Registration Information and, as applicable, Payment Method information. WLJ reserves the right to immediately terminate or restrict your access to Content at any time, for any or no reason, with or without prior notice, and WLJ shall have no liability to you for any such termination or restriction. One reason we may terminate or restrict your access to Content is if you share your personal link to the Content with others.
2.1. Limited Content License. THE CONTENT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. Users who purchase access to the Content through WLJ accept a limited, nonexclusive, non-sublicensable, non-transferable and revocable license to stream and privately display the Content solely through various electronic devices that have been authorized by WLJ (each, an “Authorized Device”), only for personal purposes, and only as authorized in this Agreement. Please see our Frequently Asked Questions (“FAQs”) for a current list of Authorized Devices. Except as expressly permitted in this Agreement, you may not (and you agree not to) reverse engineer, copy, decompile, disassemble, duplicate, archive, derive the source code of, modify, adapt, download, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, publish, republish, upload, edit, post, transmit, mirror, distribute, exploit, circumvent, translate, frame or deep-link, make available or otherwise use the Content (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part other than as permitted under this Agreement. In addition, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms. You may not gain or attempt to gain unauthorized access to the Content through hacking, password mining or any other means. WLJ reserves the right, in its sole discretion, to terminate your access to the Content, or any portion thereof, at any time, for any reason or for no reason at all, with or without prior notice or any notice. The Content is protected by copyright and may include elements that are protected by trademark, patent, trade secret and other laws. As between you and WLJ, WLJ owns and retains all ownership right, title and interest in and to the Content.
- General Content Considerations:
3.1 System Requirements. Access to the Content requires one or more compatible Authorized Devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because access to the Content involves hardware, software, and Internet access, your ability to access the Content may be affected by these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. Please also note that sharing account credentials is prohibited, your access to the Content may be limited to a single active stream, in which case you will need to log out of one stream before you can access the Content on another Authorized Device. Please also note that such process is subject to latency issues, and the media player on certain Authorized Devices may not support restart, playback, pause, rewind or other functionality.
3.2 Content Availability. WLJ reserves the right to change, suspend, remove, or disable access to the Content, in whole or in part, at any time without notice for any reason or no reason at all, and in no event will WLJ be liable for any claims, costs, or damages caused by or arising out of such actions. Without limiting the generality of the foregoing, Content provided by WLJ may be subject to agreements between WLJ and Content providers under which the Content providers license certain specific rights related to the Content. These agreements may require WLJ to black-out and restrict the availability of and your access to certain Content for periods of time determined by WLJ and the Content providers.
3.3 Content Quality. The quality of the Content may vary from Authorized Device to Authorized Device and may be affected by a variety of factors, such as your Authorized Device, your location, the bandwidth available through and/or speed of your Internet connection and/or the definition you selected for your Content. WLJ makes no representations or warranties about the quality of your viewing experience on your Authorized Device or the ability of any Authorized Device to access or play the Content. In order to stream or access Content, your Authorized Device must meet certain system requirements, which may include but not be limited to having high speed Internet access. You are responsible for any and all Internet access and data transmission charges. Please check with your Internet provider for information on possible Internet data usage charges.
6.1 Disclaimer of Warranties. ALL CONTENT IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. WLJ MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WLJ DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT:
(A) THE USE OF AN AUTHORIZED DEVICE TO ACCESS THE CONTENT WILL NOT CAUSE ANY DAMAGE TO YOUR AUTHORIZED DEVICE OR TO ANY OTHER SERVICES, SOFTWARE, HARDWARE OR CONTENT THAT RESIDES ON YOUR AUTHORIZED DEVICE;
(B) THE CONTENT DELIVERED TO YOU, WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, (ii) ALWAYS BE AVAILABLE OR FREE FROM ERRORS, OR (iii) WILL BE FREE FROM ANY OTHER TECHNICAL GLITCHES, INACCURACIES, ERRORS OR DEFECTS; OR
(C) THE CONTENT YOU RECEIVE TO YOUR AUTHORIZED DEVICE OR DATA RECEIVED ON OR THROUGH YOUR AUTHORIZED DEVICE WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT THE CONTENT WILL BE LEGAL OR THAT THE CONTENT WILL NOT VIOLATE ANY LAWS OR CONTAIN ANY OBJECTIONABLE MATERIALS.
6.2 Disclaimer of Certain Damages. IN NO EVENT SHALL WLJ BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF WLJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT WLJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK, AND HEREBY WAIVE, ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM WLJ. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WLJ WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
- General Terms:
7.1 Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, such declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation, and under such circumstances, the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
7.2. Third Party Beneficiaries. Any third party that provides WLJ with Content for distribution is hereby deemed an intended third party beneficiary of this Agreement and shall have the right to enforce any and all obligations of users of the Content under this Agreement to the same extent as if such third party Content provider were a party to this Agreement and in every respect, at law or in equity.
7.3 Entire Agreement.