Updated: February 2nd, 2022
Terms and Conditions
Welcome to the Viva Entertainment Network website. This website is owned and operated by Viva Entertainment Network, Inc. (“Company,” “us,” “our,” or “we”).
By visiting or using the Digital Services, you expressly agree to these Terms, as amended from time to time. If you do not agree to these Terms, you should immediately stop using the Digital Services.
Although certain features of the Digital Services may appeal to children, the Digital Services are not targeted at children under the age of 13, and children under the age of 13 are not permitted to use the Digital Services. If you use the Digital Services, you affirm you are at least 13 years old.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: These Terms contain an arbitration agreement and class action waiver. Specifically, you and we agree that any dispute or claim relating in any way to these Terms, your use of the Digital Services, or products or services sold, distributed, issued, or serviced by or through us, or by or through our related entities, our service providers, our licensors, and our, its, or their respective officers, directors, employees or agents (collectively with Company, the “Company Parties”) will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver is explained below.
COVID-19 WARNING: An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after an event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against the Company Parties related to such risks, hazards, and dangers.
- Description of Service
Our Digital Services are intended primarily for informational purposes. We provide information about concerts and events, our Digital Services, our company, our partners and sponsors, and we may provide links for you to purchase tickets through third party ticketing services.
- Modifications and Interruptions to Service
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Digital Services, or that operation of our Digital Services will be error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Ownership and Conditional License
The Digital Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable within the Digital Services (collectively, the “Content”), are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Digital Services and Content. We may change the Content and features of the Digital Services at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content solely as permitted by these Terms and for non-commercial purposes only.
The registered and unregistered trademarks, logos, and service marks displayed in the Digital Services are owned by us or our licensors. You may not use our trademarks, logos, or service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at [email protected]
- Prohibited Activities
You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Digital Services or solicit personal information from any individual;
- impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Company in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Digital Services or any website or content linked to it;
- interfere with or damage the Digital Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services;
- attempt to access or use another user’s account;
- attempt to obtain unauthorized access to the Digital Services or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing the Company’s (or any third party partner or sponsor’s) name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; or
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Company content or any use of or access to the Digital Services;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Digital Services or monitor or copy our web pages or the content contained thereon;
- deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.
- Content Complaints
- Claims of Copyright Infringement
Under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §§ 512, et seq. (“DMCA”), if you believe in good faith that any content within the Digital Services infringes your copyright, you may send us a notice requesting that the content be removed. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the DMCA:
- your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Digital Services, or a description of where on our Digital Services you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Digital Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us by U.S. Mail addressed to:
Viva Entertainment Network, Inc.
Attention: Maria Montalvo
1106 West Lawrence Avenue
Chicago, Illinois 60640
Or via email to [email protected], with “DMCA Notice” in the subject line.
In accordance with the DMCA, it is our policy to terminate, in appropriate circumstances, use of the Digital Services by repeat infringers.
Further information regarding the DMCA is available at www.copyright.gov.
We welcome your comments and feedback about our Digital Services. All information and materials submitted to us through the Digital Services or otherwise, such as any comments, feedback, ideas, questions, designs, data, or the like regarding or relating to the Digital Services or our business (collectively, “Feedback”), will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as confidential information of Company.
By submitting Feedback, you assign to the us, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. We will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such Feedback, without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including without limitation its truthfulness and accuracy.
- Your Representations and Warranties
By accessing the Digital Services, you represent and warrant to us that you have all necessary rights, power, and authority to agree to these Terms and to perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
When you complete forms online or otherwise provide information to us in connection with the Digital Services, you further represent and warrant that you will provide accurate, complete, and truthful information. You agree not to use a false or misleading name or any name that you are not authorized to use. If, in our sole discretion, we believe that any information that you provide is inaccurate, incomplete, or untruthful, or that you are accessing the Digital Services for an ulterior purpose, we may refuse you access and pursue any appropriate legal remedies.
- Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
- Copyright and Trademark Information
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by us or by one or more Company Parties, with all rights reserved. In some cases, such content may be licensed to us by third parties. This content is protected by our intellectual property rights or the intellectual property rights of those owners. All content that qualifies for protection under U.S. federal copyright law, whether registered or unregistered, is subject to the exclusive jurisdiction of the federal court system. All trademarks displayed within the Digital Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.
- Permitted Use of the Content
Any use of content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process, to monitor or copy our Digital Services or the content contained therein without prior written permission from us. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third party that is available on the Digital Services, without the express consent of such third party.
- Links to the Digital Services
You are hereby licensed to create hyperlinks to content on the Digital Services, provided that the hyperlink accurately describes the content to which it links. If you include links to our Digital Services on your website, when the link is clicked, the applicable page within our Digital Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Digital Service, and without any interstitial popups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by us. Under no circumstances may you frame all or any portion of the Digital Services or copy portions of the Digital Services to a server, except as part of an Internet service provider’s ordinary caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time and for any reason, with or without cause.
YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE TERMS, YOUR USE OF THE SITE, OR PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OR THROUGH US, OR BETWEEN YOU AND OUR THIRD-PARTY TEXT MESSAGING PLATFORM PROVIDER—IRRESPECTIVE OF WHEN SUCH DISPUTE, CLAIM, OR CONTROVERSY AROSE—SHALL BE SUBMITTED TO CONFIDENTIAL, BINDING ARBITRATION IN CHICAGO, ILLINOIS BEFORE ONE ARBITRATOR IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. YOU AND WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing Law; Interpretation and Enforcement. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, you and we each agree that these Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with the substantive laws of the Federal Judicial Circuit in which our principal place of business is located, without regard to its choice of law rules, to the fullest extent possible.
Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
Arbitration Proceedings and Rules. The following rules and procedures shall apply:
- Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement.
- In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.
- To increase efficiency of administration and resolution, in the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
- The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.
- Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.
- The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.
- The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
- The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
- Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
Claims Involving Intellectual Property. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court located in Chicago, Illinois, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Severability; Waiver of Jury Trial; Survival. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- Governing Laws
- Compliance With Laws
You assume all knowledge of applicable laws and you are solely responsible for compliance with such laws. You may not use our Digital Services in any way that violates state, federal, or international laws or regulations, or other government requirements.
- Changes To These Terms
- Access from Outside the United States
The Digital Services are directed to people residing in the United States. We do not represent that content available on or through the Digital Services is appropriate or available in other locations. We may limit the availability of the Digital Services or any service or product described in the Digital Services to any person or geographic area at any time. If you choose to access the Digital Services from outside the United States, you do so at your own risk.
- Rules for Sweepstakes, Contests and Other Promotions
In addition to these Terms, sweepstakes, contests, or other promotions (collectively, “Promotions”) made available through the Digital Services may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in any Promotion. Promotion rules will control over any conflict with these Terms, except that in all instances the arbitration agreement and class action waiver set forth in these Terms will control and apply.
- Contact Us
Viva Entertainment Network, Inc.
1106 West Lawrence Avenue
Chicago, Illinois 60640
Phone: (773) 769-3400
Email: [email protected]
- Notice to California Users
Pursuant to section 1789.3 of the California Civil Code, California users of our Sites are entitled to the following specific consumer rights notice: “The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.”