User Terms & Conditions

1. UpInLA Is an Event Listing and Discovery Service

UpInLA provides event discovery, editorial, promotional and informational
services focused primarily on independent, underground, alternative,
music, arts, entertainment, cultural, community, market, film, comedy,
workshop and related events.

UpInLA is principally a listing and discovery platform.

Unless expressly stated otherwise, UpInLA and LA Underground Radio are
not the creator, producer, organizer, promoter, operator, owner, host,
venue, ticket seller, ticket broker, security provider, transportation
provider, employer, agent, representative or partner of any event appearing
through the Services.

UpInLA does not control the operation of third-party events.

The appearance of an event, organizer, venue, artist, business, product
or service on UpInLA does not by itself establish sponsorship,
endorsement, partnership, agency, joint venture, recommendation or
affiliation.

2. Sources of Event Information

Event information appearing on UpInLA may be:

• Supplied by event organizers, promoters, venues, advertisers, artists, businesses or other third parties
• Obtained from publicly available event information
• Prepared or summarized editorially by UpInLA
• Assembled from a combination of these sources

UpInLA may organize, categorize, format, shorten, summarize, correct
obvious formatting errors or otherwise present event information for
purposes of the directory.

Information supplied by third parties remains the responsibility of the
party supplying it to the extent provided by applicable law.

3. Event Information Is Not Guaranteed

UpInLA endeavors to provide useful information, but we do not independently
guarantee or warrant event information.

Event information may be incorrect, incomplete, outdated, delayed,
changed or unavailable, including information concerning:

• Dates
• Start or end times
• Venues
• Addresses
• Performers
• Artists
• Vendors
• Schedules
• Admission
• Ticket availability
• Ticket prices and fees
• Age restrictions
• Accessibility
• Parking
• Transportation
• Food or beverages
• Event policies
• Event descriptions
• Postponements
• Relocations
• Cancellations

An organizer, venue or other third party may change an event without
notifying UpInLA.

Verify Before You Go

Users should verify material event information directly with the
organizer, venue, ticket provider or official event source before:

• Purchasing tickets
• Making travel arrangements
• Paying for parking
• Arranging lodging
• Relying on accessibility information
• Attending an event

UpInLA is not responsible for a user’s failure to verify third-party
event information.

4. Events May Change or Be Cancelled

Events can be postponed, relocated, modified, sold out, interrupted,
shortened, extended or cancelled.

An event may continue to appear temporarily on UpInLA after circumstances
have changed if UpInLA has not yet received or processed updated
information.

When UpInLA learns that an event has been cancelled, we may identify it
as cancelled, remove it or otherwise update its presentation.

UpInLA does not guarantee that cancellation or other event changes will
appear immediately.

5. UpInLA Does Not Guarantee an Event Experience

UpInLA does not guarantee:

• That an event will take place
• That an event will occur as advertised
• Admission to an event
• Ticket availability
• Ticket validity
• Attendance levels
• The appearance of any performer, artist, vendor, speaker or participant
• The quality of an event
• The conduct of attendees
• Safety at a venue
• Security arrangements
• Accessibility
• Parking or transportation
• Food or merchandise
• Weather conditions
• The suitability of an event for any particular person

A listing is informational and promotional. It is not a warranty regarding
the event itself.

6. Event Attendance Is the User’s Decision

The decision to attend or participate in an event is yours.

Live events and public gatherings may involve risks associated with
crowds, travel, weather, physical activity, alcohol, food, equipment,
security conditions, other attendees, performers, vendors, communicable
illness, property loss or circumstances specific to the event.

You are responsible for deciding whether an event is appropriate for you
and for taking reasonable precautions when attending.

Where applicable, you voluntarily accept the ordinary and inherent risks
associated with your decision to participate in a third-party event.

7. UpInLA Does Not Control Event Safety

UpInLA does not ordinarily inspect, operate, supervise, staff, secure,
manage or control third-party event locations.

UpInLA does not control:

• Venue conditions
• Crowd management
• Security personnel
• Emergency procedures
• Alcohol service
• Food preparation
• Equipment
• Performers
• Vendors
• Employees
• Volunteers
• Attendees
• Transportation providers
• Organizer conduct

Questions concerning those matters should be directed to the responsible
organizer, venue or service provider.

8. Age Restrictions and Suitability

Some listed events may be restricted to persons of particular ages or may
contain material, environments, activities, alcohol, language,
performances or subject matter that some users consider inappropriate.

UpInLA does not independently determine whether every event is appropriate
for a particular user.

Users are responsible for reviewing organizer and venue requirements
before attendance.

Any age restriction displayed through UpInLA should be confirmed with the
organizer or venue.

9. Tickets and Event Purchases

Unless expressly stated otherwise, UpInLA does not sell consumer event
tickets.

When a user selects a “View Event,” ticket, registration, organizer,
venue or similar external link, the user may leave UpInLA and enter a
third-party service.

A resulting transaction is between the user and that third party.

UpInLA is not responsible for:

• Ticket prices
• Service charges
• Refunds
• Payment processing
• Ticket delivery
• Ticket validity
• Ticket resale
• Seat assignments
• Admission decisions
• Merchant disputes
• Chargebacks
• Merchandise
• Concessions
• Third-party fulfillment

Users must pursue transaction disputes with the party involved in that
transaction.

10. Third-Party Websites and Services

UpInLA may link to organizers, venues, ticket platforms, social-media
services, maps, artists, businesses, sponsors, advertisers and other
external websites or services.

UpInLA does not control those third-party services.

Their own terms, privacy practices, accessibility practices, security
measures, payment policies and content govern your interaction with them.

UpInLA is not responsible for the availability, security, accuracy,
legality, products, services, conduct or privacy practices of a
third-party service.

A link does not by itself constitute endorsement.

11. Third-Party Disputes

Disputes arising principally from an organizer, venue, ticket seller,
vendor, performer, attendee, transportation provider or other third party
should be pursued against the responsible third party.

This includes disputes concerning:

• Cancellation
• Postponement
• Refunds
• Admission
• Tickets
• Event conditions
• Organizer representations
• Injuries occurring at an event
• Property damage
• Lost property
• Merchandise
• Third-party purchases
• Third-party conduct

To the maximum extent permitted by applicable law, UpInLA is not
responsible for acts or omissions of third parties merely because the
event or third party appeared on or was linked from UpInLA.

12. Release Concerning Third-Party Events

To the maximum extent permitted by applicable law, you release UpInLA,
LA Underground Radio and their respective owners, operators, affiliates,
agents, contractors, representatives and service providers from claims,
losses, liabilities, costs, expenses and damages caused by or arising
primarily from third-party events or third-party conduct, including:

• Acts or omissions of organizers and venues
• Acts or omissions of performers, vendors, attendees or other third parties
• Cancellation, postponement, relocation or modification of events
• Denial of admission
• Third-party transactions
• Third-party ticket disputes
• Conditions at third-party event locations

This release does not release liability for fraud, willful misconduct,
gross negligence where it cannot lawfully be released, violations of law
or any other liability that applicable law does not permit to be waived
or limited.

13. Editorial Independence

UpInLA decides which events and content appear through the Services.

UpInLA may:

• Add events
• Decline to list events
• Remove events
• Categorize events
• Change categorization
• Correct formatting
• Shorten descriptions
• Update information
• Reorder listings
• Feature particular listings
• Distinguish advertising from other listings
• Discontinue coverage

The inclusion or prominence of an event does not constitute a guarantee
of quality, safety, legality, popularity or suitability.

A listing identified as Featured is a paid advertising
placement and does not constitute an endorsement, recommendation or
quality rating by UpInLA.

UpInLA has no obligation to maintain editorial coverage of any particular
event.

Paid advertising obligations are governed separately by the applicable
Submitter & Advertising Terms.

14. LA Underground Radio

The LA Underground Radio stream is an entertainment service separate from
the operation of third-party events.

The stream may be interrupted, delayed, unavailable or affected by
internet connectivity, streaming infrastructure, hosting providers,
software, hardware, licensing restrictions, geographic restrictions,
maintenance or circumstances outside our control.

UpInLA and LA Underground Radio do not guarantee uninterrupted or
error-free streaming.

15. Permitted Use

UpInLA grants users a limited, revocable, non-exclusive, non-transferable
right to access and use the Services for lawful personal and informational
use, subject to these Terms.

No ownership interest in the Services is transferred to the user.

16. Prohibited Use

Users may not:

• Violate applicable law through the Services
• Attempt unauthorized access to systems or data
• Interfere with site operation
• Intentionally overload or disrupt the Services
• Distribute malware or malicious code
• Circumvent security controls
• Impersonate UpInLA or another party
• Misrepresent affiliation with UpInLA or LA Underground Radio
• Harvest personal information without authorization
• Manipulate website functionality
• Use the Services fraudulently
• Use UpInLA branding without authorization
• Assist another person in doing any of the foregoing

UpInLA may restrict access when reasonably necessary to protect the
Services, users, third parties or our legal rights.

17. Scraping and Database Extraction

Except as expressly authorized by UpInLA in writing or permitted by
applicable law, users may not use automated tools to systematically
extract substantial portions of the Services for commercial exploitation.

This includes unauthorized use of:

• Bots
• Crawlers
• Scrapers
• Automated extraction systems
• Data-mining tools
• Substantially equivalent technology

Users may not reproduce substantial portions of the UpInLA event
compilation to operate or populate a competing commercial event
directory, advertising database or substantially similar product.

Ordinary indexing by legitimate public search engines is not prohibited
by this section when conducted in accordance with generally accepted
technical standards and UpInLA’s technical directives.

18. Intellectual Property

The UpInLA Services may contain several categories of intellectual
property.

UpInLA or its licensors own rights in UpInLA-created materials, which may
include:

• Branding
• Logos
• Site design
• Original graphics
• Original editorial writing
• Software
• Organization and presentation
• Original promotional materials
• Protectable compilations

Third-party event names, photographs, logos, artwork, trademarks, videos
and other materials remain subject to the rights of their respective
owners.

Nothing in these Terms transfers ownership of third-party intellectual
property to UpInLA.

19. Intellectual Property Complaints

A rights holder who believes material appearing on UpInLA infringes their
rights may contact UpInLA and identify:

• The material at issue
• The claimed right
• The location of the material
• Sufficient information to identify the complaining party
• Sufficient contact information
• The basis for the complaint

UpInLA may remove, restrict, investigate or request additional information
concerning disputed content.

Reports may be submitted through the

UpInLA Contact Page
.

20. Moderation and Content Removal

UpInLA may review, edit, restrict, reject, remove or disable content when
reasonably necessary to operate the Services or address suspected:

• Inaccuracy
• Fraud
• Misrepresentation
• Unlawful activity
• Intellectual-property infringement
• Privacy violations
• Security concerns
• Violation of these Terms

UpInLA is not obligated to monitor all third-party content or guarantee
that every inaccurate, unlawful or problematic listing will be
discovered.

21. Reporting Listings or Content

Users who believe an event listing contains materially inaccurate,
unlawful, fraudulent, infringing or otherwise problematic content may
report it through the

UpInLA Contact Page
.

UpInLA may investigate or take action when reasonably appropriate, but
submission of a report does not guarantee removal of content.

Receiving a report does not constitute an admission of responsibility.

22. Service Availability

The Services may occasionally be unavailable, interrupted, changed or
discontinued.

UpInLA may maintain, update, redesign, restrict, replace, suspend or
discontinue portions of the Services.

UpInLA does not guarantee continuous availability of:

• The website
• Event listings
• Search
• Filters
• Images
• Links
• Radio streaming
• Any individual feature

To the maximum extent permitted by applicable law, UpInLA is not
responsible for interruptions caused by events outside its reasonable
control.

23. No Professional Advice

Information provided through UpInLA is for event-discovery, promotional,
informational, editorial and entertainment purposes.

It does not constitute:

• Legal advice
• Medical advice
• Safety advice
• Financial advice
• Transportation advice
• Professional accessibility advice

Users should obtain appropriate information directly from qualified
sources when those matters are important to their decision.

24. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE
PROVIDED “AS IS” AND “AS AVAILABLE.”

UpInLA disclaims warranties and representations, express or implied,
concerning the Services to the extent such warranties may legally be
disclaimed.

Without limiting the foregoing, UpInLA does not warrant that:

• Event information will always be accurate
• Every listing will be complete
• Information will be updated immediately
• Links will always operate
• Third-party services will remain available
• The website will operate without interruption
• The Services will be error-free
• The Services will meet every user’s expectations

Nothing in this section disclaims a warranty or right that applicable law
does not permit to be disclaimed.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPINLA,
LA UNDERGROUND RADIO AND THEIR RESPECTIVE OWNERS, OPERATORS, AFFILIATES,
AGENTS, CONTRACTORS, REPRESENTATIVES AND SERVICE PROVIDERS WILL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR BUSINESS-RELATED DAMAGES ARISING FROM OR RELATING TO THE
SERVICES OR A THIRD-PARTY EVENT.

This may include:

• Travel costs
• Parking costs
• Accommodation costs
• Lost wages
• Lost profits
• Lost opportunities
• Business interruption
• Lost data
• Third-party ticket costs
• Substitute-event costs
• Other consequential expenses

To the maximum extent permitted by applicable law, the aggregate
liability of UpInLA and LA Underground Radio to a user arising from or
relating to the free consumer-facing Services will not exceed
US $100.

This limitation does not apply to liability that cannot legally be
excluded or limited.

26. No Liability for Failure to Attend or Enjoy an Event

To the maximum extent permitted by applicable law, UpInLA is not
responsible for losses arising because a user:

• Misses an event
• Arrives late
• Travels to an incorrect or changed location
• Cannot obtain admission
• Cannot find parking
• Disagrees with venue policies
• Considers an event disappointing
• Incurs transportation or lodging expenses
• Otherwise relies on event information without confirming material details with the responsible organizer or venue

27. No Duty to Monitor Third Parties

Except where applicable law requires otherwise, UpInLA has no general
obligation to continuously monitor organizers, venues, performers,
websites, ticket providers or third-party events for changes.

UpInLA may moderate, investigate, correct or remove information when
appropriate, but doing so does not create a continuing duty to
independently verify every listing or monitor every event.

28. User Responsibility for Devices and Connectivity

Users are responsible for equipment, internet service, mobile service,
browser compatibility, data charges and other technology needed to access
UpInLA.

UpInLA is not responsible for charges imposed by a user’s internet,
mobile, financial or other service provider.

29. California Consumer Rights

Nothing in these Terms is intended to waive, restrict, eliminate or
disclaim any consumer right or remedy that applicable law does not permit
a consumer to waive.

If you are a California consumer, any disclaimer, release, limitation of
liability, choice-of-law provision or other restriction contained in
these Terms applies only to the maximum extent permitted by California
law.

This provision controls over any other provision of these Terms to the
extent required by applicable law.

30. Privacy

Collection, use, retention and disclosure of personal information are
governed by the UpInLA Privacy Policy.

31. Changes to the Services

UpInLA may change the Services as the platform evolves.

Features may be added, removed, redesigned, suspended or replaced.

No particular website feature, event category, city, filter, listing
format, radio feature or other functionality is promised indefinitely.

32. Changes to These Terms

UpInLA may update these Terms to reflect changes in the Services,
business practices, technology or law.

The updated Terms will display a revised effective date.

Changes will apply prospectively to the extent required by applicable
law.

Where additional consent is legally required, continued use alone will
not substitute for that required consent.

33. California Law

UpInLA operates from California.

These Terms and the relationship between UpInLA and its users are
governed by the substantive laws of the State of California, without
regard to conflict-of-law principles, except where applicable federal
law or another mandatory law controls.

Nothing in these Terms is intended to waive a right, remedy or obligation
that applicable California or federal law does not permit the parties to
waive.

34. Court Venue

Subject to rights that cannot legally be waived, any judicial proceeding
arising from or relating to these Terms or the Services that may lawfully
be subject to a contractual venue provision shall be brought in a court
of competent jurisdiction located in Los Angeles County, California.

35. Severability

If any provision of these Terms is determined to be invalid, unlawful or
unenforceable, that provision will be enforced to the maximum extent
legally permissible or severed to the minimum extent necessary, and the
remaining provisions will continue in effect.

36. No Waiver

UpInLA’s failure to enforce a provision of these Terms on one occasion
does not waive its right to enforce that provision or another provision
later.

37. Entire Agreement for General Users

These User Terms and the Privacy Policy constitute the terms governing
ordinary consumer access to and use of UpInLA unless another agreement
expressly applies.

These User Terms do not govern the commercial relationship between UpInLA
and event submitters, organizers, advertisers or purchasers of
promotional services.

Those relationships are governed by the separate

Submitter & Advertising Terms
.

38. Contact

Questions, reports and notices concerning these Terms may be submitted
through the

UpInLA Contact Page
.