Terms of Use

vantage.tv® Terms of Use

Thank you for visiting vantage.tv (“vantage”), owned and operated by vantage.tv, Inc.   Whether you visit vantage through the Website or download the mobile application, (collectively “Site”) these Terms of Use (“Terms”) and the vantage Privacy Policy represent an agreement between you and vantage regarding your use of the Site and operation of the Site.   By accessing and using the Site you are agreeing to be bound by and comply with these Terms of Use and the Privacy Policy.  Please do not use this Site if you do not agree to all of these Terms including the Terms of the Privacy Policy.  The latest Terms and Privacy Policy can be found on our website here (Terms) and here (Privacy Policy). vantage has the right to revise these Terms at any time in its sole discretion.  If vantage makes a material revision to the Terms we will let you know on the Site. Your continued use of the Site will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms you must stop using the Site. Since this is a contract, vantage has the right to terminate it and prevent you from using the Site if you violate these Terms, in addition to pursuing any and all claims of relief available to vantage under the law.

 

You must be old enough to enter into a legally enforceable contract in your jurisdiction in order to use this Site and agree to these Terms.  If you are agreeing to these Terms and using the Site on behalf of a company, you acknowledge and agree that you are legally entitled to bind the company to these Terms and that your use of the Site on behalf of the company is fully authorized by your company. 

vantage, through the Site, gives you the opportunity to experience concerts and other live events as if you were there in person using cutting edge virtual reality technology and/or 360° video (“Experiences”).  To do this, vantage has relationships with record labels, publishing companies, artists, performers, concert promoters and other intellectual property owners to market and offer the Experiences to you.  Because the Experiences are presented in virtual reality (“VR”) and sometimes in 360° video, you may need to use special equipment like head mounted displays (“HMD”s) to view them, in addition to a computer, tablet or a mobile device.  vantage may make the HMDs available to you for purchase at an additional fee in to the cost of the Experience.  These Terms of Use govern purchase of the HMDs when offered, as well as the Experiences.

When you purchase an Experience, vantage may indicate how long the Experience will be available to you for viewing.  In general, Experiences will be available for viewing for at least thirty (30) days unless otherwise noted, subject to the additional Terms of Use below.  vantage has no obligation to refund any fees paid for accessing Experiences.

vantage uses both Shopify and PayPal to process payment for Experiences and/or HMDs.   vantage does not collect or store personal credit card or other payment information.  Please see our Privacy Policy for more information on what information we collect and how we store and use the information we collect.   We do store your email address and your email address must be used to recover access to a purchased Experience if you lose the device on which access to the Experience is stored.  Thus, you must notify us of any changes to your email address following  your purchase of an Experience.  

Intellectual Property:

Everything on this Site except your personal information that you provide us through the Site is owned by vantage or our third-party partners.  It is not owned by you.  You cannot steal it, scrape it, record it, copy it, revise it, reverse engineer it, or use it in any way other than how we have presented it to you on the Site.   Any violation of these Terms or improper use of the intellectual property on the website is a violation of law and vantage will cooperate with the intellectual property owners to prosecute such violations to the fullest extent of the law.  

Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of vantage or the applicable rights holder.  Once you have legally purchased a download or stream of an Experience on the Site by registering, reading and agreeing to these Terms and paying the fee, you may watch the Experience as many times as you wish for so long as the Experience is available.   The Experience is made available only for your personal use.  You may not otherwise record, copy, reproduce, distribute or otherwise exploit the Experience.  If you make other use of the Experience or this Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  vantage and its content providers will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to criminal prosecution.

HMD’s:

vantage may offer HMD’s for sale from time to time in connection with an Experience.  These HMD’s are manufactured by a third party.  vantage cannot guarantee the HMD’s will work for the purpose they are intended nor will work for a particular period of time.  In the event you purchase HMD’s and they are defective, vantage will replace any HMD’s returned to vantage within ten (10) days of your receipt of the HMD’s but in no event more than fifteen (15) days following the purchase date of the HMD’s.  To return HMD’s, send an email to returns@vantage.tv.  You will be provided details for return shipping.  In no event will vantage refund the cost of the purchase of the HMD’s. 

Virtual Reality experiences have been reported to cause disorientation, dizziness. vision disturbances and other symptoms of discomfort.  You should stop viewing the Experiences in VR if you experience any type of discomfort and consult a physician.  If you choose to use HMD’’s or other VR viewing devices to view the Experience, you do so at your own risk.  

Accounts:

When you purchase an Experience, vantage creates an account for you.     You agree that all information you provide through the Site will be accurate, truthful, current and complete {“Account Information”} and you agree to ensure such information remains current and accurate for so long as you use the Site and are accessing the Experiences.  You shall not impersonate any person or entity or misrepresent your identity or you affiliation with any person or entity.  You also agree to promptly notify us of any unauthorized use of your name, likeness, or account in connection with the Site.  When you register with vantage and purchase an Experience, the information you provide to vantage may be shared with the licensor(s) of the Experience you license.  Details about how and when vantage may share your personal information can be found at the vantage Privacy Policy here.

Disclaimer:

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO VANTAGE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE VANTAGE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT VANTAGE.TV OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONCERT OR VR GLASSES. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO ANY CONCERT OR VR GLASSES AND WITH RESPECT TO ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following, at any time, without notice, to: (1) modify, suspend or terminate the operation of or access to the Sites, Experiences, and/or Intellectual Property or any portion thereof, for any reason; (2) modify or change the Sites, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Sites, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability:

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL VANTAGE.TV, INC. BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITES, SERVICES OR EXPERIENCES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITES, SERVICES OR EXPERIENCES; OR (III) ANY OTHER MATTER RELATING TO THE SITES, SERVICES OR CONCERTS. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, VANTAGE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES, SERVICES OR CONTENT, VANTAGE’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF THE FEE(S) PAID BY YOU TO BUY ONE OR MORE CONCERTS AND/OR HMDS THROUGH THE SITE.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification:

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors,  agents, representatives and other authorized users, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site, the Experiences and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Location and Jurisdiction:

vantage and all the content therein is located in the United States of America.  It may not be available or legal for your use in other jurisdictions.  Your use of the Site outside the United States is at your own initiative and any you must comply with the terms and territorial limitations of the license agreements for the Experiences you purchase.

You agree that any action at law or in equity arising out of or relating to these Terms, the Privacy Policy and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, CA and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Arbitration:

Any claim or controversy at law or equity that arises out of these Terms of Use, the vantage.tv website or mobile site but not including claims regarding intellectual property infringements or infringements of the license terms herein (each a "Claim"), shall be resolved through binding arbitration. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Any Claim shall be arbitrated on an individual basis and shall not be consolidated with any Claim of any other party whether through class arbitration proceedings or otherwise.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any Claims (including but not limited to any claims, counterclaims, cross-claims, or third party claims).

If you reside within the United States and the parties have an intellectual property and/or license rights dispute, you and vantage.tv agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in Los Angeles County, California. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

Effective as of January 1, 2017