Thank you for visiting a Danny Wimmer Presents, LLC online property. This website, mobile application or service is owned and operated by Danny Wimmer Presents, LLC (“DWP,” “us,” “our,” or “we”).

These terms and conditions of use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use one of our websites, including any website where these Terms of Use are posted, and any subdomains and mobile versions (collectively, the “Site”), use one of our mobile applications (the “Mobile App”), or interactions with our other on-site or web-enabled technologies, such as on premise WiFi, Bluetooth beacons and interactive kiosks. We may refer to the Mobile App, Site, and these related web- enabled technologies collectively as the “Online Services.”

Through your use of the Online Services, you consent to the practices described in these Terms of Use.

To the extent additional rules or guidelines affect your use of the Online Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of the Online Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using the Online Services.

Description of Service

The Online Services are intended primarily for informational purposes. We provide information about concerts and events, the Online Services, our company, our partners and sponsors, accommodation information for our events and we may provide links for you to purchase tickets through third party ticketing services and accommodation options.

Your use of these features and other content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than DWP will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on such site or service, and we encourage you to review those terms of use and privacy policies.

Your Representations

As a condition of your right to use the Online Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Online Services under the laws of the United States or any other country.

Restricted Activities

You may not engage in any of the following with regard to the Online Services (including without limitation posting or transmitting content through the Online Services), and you agree not to use the Online Services to:

(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of the Online Services or solicit personal information from any individual;
(3) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(4) 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 DWP in its sole discretion;
(5) 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;
(6) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “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;
(7) disrupt or interfere with the security or use of the Online Services or any websites or content linked to them;
(8) interfere with or damage the Online 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 the Online Services;
(9) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) DWP, or any third party, or create or use a false identity;
(10) attempt to obtain unauthorized access to the Online Services or portions thereof that are restricted from general access;
(11) use any meta tags or any other “hidden text” utilizing DWP’s (or any third party partner or sponsor’s) name, trademarks, or product names;
(12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Online Services;

(13) engage in any activity that interferes with any third party’s ability to use or enjoy the Online Services; or
(14) assist any third party in engaging in any activity prohibited by these Terms of Use.

Further, without our written consent, you may not:

(1) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any DWP content or any use of or access to the Online Services;
(2) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Online Services or monitor or copy our web pages or the content contained thereon;

(3) deep link to the Online Services for any purpose; or frame the Online Services, place pop-up windows over any content, or otherwise affect the display of the Online Services.

Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site and our social media channels (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”).

By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.

You own all rights to your User Content. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Online Services or Forums, you are granting DWP, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, archive, commercialize, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms of Use or any other applicable terms and conditions. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.

Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms of Use, or if the person is a minor, the written permission of the minor’s parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms of Use, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

Rules for Sweepstakes, Contests and Games

In addition to these Terms of Use, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site or Forums may have specific rules that are different from these Terms of Use. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms of Use.

Text Messages

As part of using the Online Services, you may participate in one or more texting programs administered by or on behalf of DWP or its affiliates. By participating in such programs, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders) from us and/or our service providers, including text messages that may be sent using an automatic telephone dialing system and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate. You agree that you consent to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase.   Your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract, and you are solely responsible for all message and data charges that you incur. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT. For additional opt-out information, please review our Privacy Policy.

In the event that you change or deactivate your mobile number it is your responsibility to notify us by sending an email to the email address listed at the bottom of this Terms of Use Policy. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed.

We reserve the right to alter message frequency at any time, i.e. we may change the frequency of texts that you receive under any program. We also may discontinue any of our text messaging programs without notice or liability to you and reserve the right to cease delivery of text messages to any person at any time in our sole discretion.

Our text messaging programs are offered on an “as is” basis and may not be available via all carriers. We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for any losses or damages arising from (a) our text messaging programs, (b) non-delivery, delayed delivery, or misdirected delivery of a text message; (c) inaccurate or incomplete content in a text message; or (d) use or reliance on the content of any text message for any purpose. The wireless carriers are not liable for any delayed or undelivered text messages.

All information collected in connection with our text messaging programs is governed by our Privacy Policy.

Disclaimer Of Warranties And Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DWP, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “DWP 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 THE ONLINE SERVICES.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. THE ONLINE SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DWP 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 OF THE ONLINE SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE DWP 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 THE ONLINE SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF THE ONLINE SERVICES. 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 DWP 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 DWP 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 of Use and which if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1532 of the California Civil Code (and any similar statute), which states:

A GENERAL RELEASE DOES NOT EXTEND TO 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.

Indemnification

You agree to indemnify and hold the DWP Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on the Online Services or Forums, or other use of the Online Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Online Services using your computer, mobile device or account.

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on the Online Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by DWP with all rights reserved. In some cases, such content may be licensed to DWP by third parties. This content is protected by the intellectual property rights of DWP or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Online 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 DWP.

Permitted Use of Mobile Application

The Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of DWP. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify the Mobile App, or in any way compromise the security of data stored or transmitted by the Mobile App.

Permitted Use of the Content

Any use of content on the Online 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 DWP, 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 the Site, our web pages or the content contained therein without prior written permission of an authorized officer of DWP. 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 parties which is available on the Online Services, without the express consent of those third parties.

Links to the Online Services

You are hereby licensed to create hyperlinks to content on the Online Services, provided that the hyperlink accurately describes the content to which it links. If you include links to the Online Services on your website, when the link is clicked, the applicable page within the Online 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 Site, and without any interstitial pop-ups 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 DWP. Under no circumstances may you “frame” all or any portion of the Online Services or copy portions of the Online Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Mobile Devices & Third-Party Restrictions

If you access the Online Services on mobile devices or in the Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download the Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).

Any Mobile App installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store, Google Play Store or other store. The following terms are required by Apple and are applicable if you install the Mobile App from the Apple App Store:

DWP, not Apple, is responsible for:

(1) The content in the Mobile App;
(2) Maintenance or support of the Mobile App;
(3) Any product warranties, whether express or implied;
(4) Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user’s possession and/or use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
(5) The investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party’s intellectual property rights.

Further, if you install the Mobile App from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Content Complaints

If you believe that any content on the Online Services violates these Terms of Use or is otherwise inappropriate, please report the content by sending an email to information@dwpresents.com.

Notification of Claimed Copyright Infringement

In the event that you find content posted on the Online Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact DWP’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):

(1) 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;
(2) 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;

(3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(5) a description of the infringing material and the URL where such material is located on the Online Services, or a description of where on the Online Services you found such material;
(6) your written statement that you believe, in good faith, that the use of the work on the Online Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(7) a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

By mail addressed to:

Danny Wimmer Presents, LLC
Legal Dept.
10351 Santa Monica Blvd., Suite 300

Los Angeles, CA 90025

Attn: Legal Dept.

E-mail: information@dwpresents.com, subject line “DMCA Notice”

In accordance with the DMCA, it is the policy of DWP to terminate use of the Site by repeat infringers in appropriate circumstances.

User-Submitted Content

Any User Content uploaded, posted, submitted, or otherwise made available by individual users of the Online Services or Forums, including without limitation blog comments, message board posts, and any other content which does not originate with DWP, is the sole responsibility of the person who made such User Content available on the Online Services or Forums. Under no circumstances will DWP be liable in any way for any User Content made available through this Online Services or Forums by you or any third party.

Since DWP does not control the User Content posted on the Online Services or Forums, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Online Services or Forums, you may encounter content that you may consider to be objectionable. DWP has no responsibility for any User Content, including without limitation any errors or omissions therein. The DWP Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Online Services or Forums.

DWP reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Online Services. You agree that the exercise by DWP of such discretion shall not convert or transform User Content to content owned or provided by DWP, and the user who made such User Content available on the Online Services will retain ownership thereof as described herein.

As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on the Online Services. To request the removal of content or information you have posted on the Online Services, please send a letter or email to the address below in the Contact Information section of this policy with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on the Online Services.

Providing Feedback to DWP

We welcome your comments and feedback about the Online Services. All information and materials submitted to DWP through the Online Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Online Services or the business of DWP (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON- PROPRIETARY with regard to you, but DWP reserves the right to treat any such Feedback as the confidential information of DWP.

By submitting Feedback to DWP, you assign to the DWP Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The DWP Parties 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.

Dispute Resolution and Arbitration

To the fullest extent permitted by applicable law, any dispute or claim (whether based in contract, tort, fraud, misrepresentation, or any other statutory or common law legal theory) arising out of or relating in any way to these Terms of Use, your visit to the Site, your relationship with DWP Parties, or to any purchase, return or other transaction with DWP (including claims relating to DWP’s advertisements and disclosures, email and text messages sent by DWP, or DWP’s collection or use of your information) (“Dispute”) shall be resolved through binding arbitration, rather than in court. Dispute shall be interpreted broadly and includes claims that arose before the existence of these Terms of Use or claims that may arise after the termination of these Terms of Use. Notwithstanding the foregoing, either you or DWP: (1) may elect to have a Dispute heard in small claims court seeking individualized relief, so long as the Dispute falls within the jurisdictional limits of small claims court and that action remains in small claims court and is not removed or appealed to a court of general jurisdiction or (2) may bring suit to enforce intellectual property rights exclusively in any state or federal court in the state of California, rather than through arbitration, provided you or DWP has a reasonable basis to believe that the other party has violated or threatened to violate the other party’s intellectual property rights.

Any dispute arising out of or relating in any way to your use of the Online Services or any products, services, or information you receive through the Online Services, shall be submitted to confidential, binding arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. 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 the courts of Los Angeles, California, 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. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

The following processes shall govern the arbitration process:

• Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to information@dwpresents.com so stating.
• Within seven (7) days, DWP will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
• If, following after these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or-in person.
• In the event that you and we cannot agree on an arbitrator, the process set forth in California Civil Code Section 1281.6 will be followed. That process allows for a court to select an arbitrator.

To the fullest extent permitted by law, any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises or it is waived and time-barred.

The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. 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) only in favor of the individual party seeking relief as addressed below, and must follow the terms of these Terms of Use as a court would.

Arbitration Process

Any arbitration under these Terms of Use shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Consumer Arbitration Rules and Mediation Procedures (“AAA Rules”) as modified by this Dispute Resolution and Arbitration Section. A demand for arbitration must be accompanied by a certification of completion of the informal dispute resolution process. Your demand for arbitration must be personally signed by you. If AAA is unavailable or unwilling to administer an arbitration consistent with this Dispute Resolution and Arbitration Section as written, the parties shall agree on a substitute arbitration organization that will administer the arbitration consistent with this Dispute Resolution and Arbitration Section. If the parties cannot agree on a substitute organization, they shall mutually petition a court of competent jurisdiction to appoint an arbitration organization that will administer the arbitration consistent with this Section.

Payment of arbitration fees shall be governed by the AAA Rules. If the arbitrator finds that a claim was frivolous or brought for an improper purpose or for the purpose of harassment, the arbitrator may award fees and expenses. In addressing this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party. The arbitrator shall issue a reasoned opinion in connection with the awards with the essential findings of law and fact. The provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after the issuance of an award. The arbitration award shall be binding only between the parties and shall have no preclusive effect in other arbitrations or proceedings involving different claimants.

Subject to the AAA Rules, you may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. An arbitration shall be conducted by a single neutral arbitrator.

Except as specifically provided in this Dispute Resolution and Arbitration Section, all issues are for the arbitrator to decide, including but not limited to issues related to scope and enforceability. The arbitrator is bound by these Terms of Use as a court would be.

Class Action Waiver; Individual Relief; Venue; Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DWP AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS (ARBITRATION OR LITIGATION) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF (INCLUDING DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF AS TO THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. IF ANY PORTION OF THIS PARAGRAPH IS FOUND TO BE VOID OR UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF) AND ALL APPEALS HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST FOR RELIEF) SHALL BE RESOLVED IN FEDERAL COURT IN CALIFORNIA RATHER THAN IN ARBITRATION AND ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. IF THERE IS NO FEDERAL JURISDICTION, THE RESOLUTION OF THAT CLAIM OR REQUEST FOR RELIEF SHALL BE RESOLVED IN CALIFORNIA STATE COURT ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DWP EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

Survival and Modifications

This Dispute Resolution and Arbitration Section will survive after these Terms of Use terminate or your use of the Online Services ends. Notwithstanding any provision of these Terms of Use to the contrary, any modifications to this Dispute Resolution and Arbitration Section will not apply to any Dispute to which notice has been provided by DWP or you to the other party.

Governing Laws

The laws of the state of California and the United States govern these Terms of Use and any claims arising out of or relating to use of the Online Services, without giving effect to any choice of law rules. We make no representation that the Online Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Los Angeles, California will serve as the venue for any actions brought, or claims made, arising out of your use of the Online Services.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Online Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Modifications and Interruption to the Online Services

We reserve the right to modify or discontinue all or any portion of the Online 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 the Online Services, or that operation of the Online Services will be uninterrupted or error free. You understand that usage of the Online Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Changes to These Terms of Use

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to these Terms of Use. Modifications will become effective immediately upon being posted to the Online Services, without further notice to you. Your continued use of any of the Online Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of DWP. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to the Online Services. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding the Online Services, constitutes the entire agreement between you and DWP regarding your use of the Online Services, and that any other prior agreements between you and DWP are superseded by these Terms of Use. Any failure by DWP to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Text Messaging Terms of Use

As part of using the Online Services, you may participate in one or more texting programs administered by or on behalf of DWP or its affiliates. By participating in such programs, you are agree to the following Text Messaging Terms of Use.   

Contact Information

If you have any questions about these Terms of Use, please feel free to please contact us at:

Email Address: information@dwpresents.com

Mailing Address: Danny Wimmer Presents, LLC

10351 Santa Monica Blvd., Suite 300

Los Angeles, CA 90025

Attn: Legal Dept.

Phone: (424) 291-4555

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site 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.