These General Terms and Conditions (GTC) form the basis of all contractual and non-contractual relationships between Ableton and you relating to Loop or the Drawing as of the date you accept these terms through an online acceptance process (“Effective Date”) . These GTC apply exclusively.
§ 1 Definitions
For the purpose of these GTC, the following definitions shall apply:
“Ableton”: Ableton Inc., 36 W. Colorado Blvd. Suite 300 Pasadena, CA 91105, USA,
“Drawing“: Due to the limited number of persons allowed at the event location, Ableton expects more people to register for Loop participation than can be admitted as participants. Ableton will allocate eligibility for the purchase of a Loop ticket by a drawing, as further detailed in these GTC,
“Event“: The individual announced and executed agenda points in the context of Loop, in particular presentations, workshops and discussions,
“Eventbrite“: The service partner commissioned by Ableton for the ticket sale: Eventbrite Inc., 155 5th Street, Floor 7, Delaware, CA 94103, USA,
“Event Location“ or “Venue”:
- EASTWEST STUDIOS, 6000 W. Sunset Blvd, Hollywood, CA 90028
- THE MONTALBAN THEATRE, 1615 N. Vine Street, Hollywood, CA 90028
“Loop“: The entirety of events which will be offered by Ableton in the time period between November 9 and November 11, 2018 at the event location by the names „Loop“, „Loop Los Angeles“, “Loop LA”, „Loop 2018“ or „Loop – A Summit For Music Makers“,
“Loop Website”: The subdomain with the URL https://loop.ableton.com/2018/,
“Participant“: A participant is every person who is eligible to take part in Loop on the basis of a rightful purchase of a personalized ticket and who carries this ticket with him or her,
“Prospective Participant“: A prospective participant is every person who registered online to take part in the Drawing to become eligible to purchase a ticket and who has not yet attained such eligibility,
“Registration Phase“: The time period during which persons can register to participate in the Drawing to attain the eligibility to purchase a ticket, as further detailed in these GTC,
“Service Provider“: A legal or natural person that is commissioned by Ableton and/or that has the task to perform individual services in the context of the execution of Loop.
§ 2 Register to Enter the Drawing; Ticket Types; NO PURCHASE NECESSARY
The number of Participants and Events is limited. If the number of Prospective Participants exceeds the number of permitted Participants, Ableton will determine ticket purchase eligibility by a Drawing as described herein. You may register online on the Loop Website here for participation in the Drawings, but such registration does not guarantee your eligibility for a ticket and if you are a selected Prospective Participant, such selection authorizes the Prospective Participant to purchase a Loop ticket as further described in section 6 below.
By registering for the Drawing, you warrant that you are least 18 years of age (Legal Age). Ableton reserves the right to disqualify any entrant from the Drawing if it is prohibited in the entrant’s jurisdiction. The odds of selection depend on how many Prospective Participants enter the Drawing and how many selected Prospective Participants ultimately purchase Loop tickets. Purchase of Ableton products or services does not increase your odds of selection, and only one entry per person (unless you do not receive a subsidized ticket and wish to reapply as a standard or student/youth Prospective Participant).
You may register for the Drawing to be eligible for the purchase of a subsidized ticket ($50 not including service fees) as further described in section 4 below. If you are not selected for or otherwise did not register for subsidized ticket, then you may partake in the Drawing for either a standard Loop ticket (USD $350 not including service fees), or if you are a current enrolled student (and can provide verification thereof) or 18 – 26 years of age, for the Drawing for student and youth Loop tickets (USD $210 not including service fees), as further described below.
§ 3 Registration Phase for Drawing Entry
The Registration Phase for the opportunity to purchase Loop standard tickets or student/ youth tickets will be from June 13 until August 10 (9 am CEST/ 6 pm PDT), 2018.
The Registration Phase for the opportunity to purchase subsidized tickets is from June 13 until June 27 (9 am CEST/ 6 pm PDT), 2018.
Registration Phases are subject to change.
§ 4 Selection of Prospective Participants for Subsidized Tickets
If a Prospective Participant desires to enter the Drawing for eligibility to purchase a subsidized ticket, during the subsidized ticket Registration Phase the Prospective Participant must describe why the Prospective Participant should be eligible to receive a subsidized ticket and how the Prospective Participant would contribute to Loop. At the end of the Registration Phase, Ableton will engage in a Drawing for eligible Prospective Participants, as determined by Ableton in its sole discretion, and an opportunity to purchase a subsidized ticket will be given to the first 50 qualified Prospective Participants selected. Selected Prospective Participants will be notified via email starting July 2, 2018 until all subsidized tickets are sold. If Prospective Participants are not selected or otherwise ineligible for the subsidized ticket, they will receive an email asking whether they would like to partake in the Drawing for standard or youth/student tickets, as applicable.
§ 5 Selection of Prospective Participants for Standard Tickets and Youth/Student Tickets
At the end of the Registration Phase for standard and student/youth tickets, Ableton will hold a random Drawing for each type of ticket eligibility (i.e. student/youth tickets and standard tickets) until all tickets are sold. Selected Participants for standard and youth/student tickets will be notified via email starting August 13, 2018, until all tickets are sold. All others will be placed on a waiting list.
§ 6 Selected Prospective Participants Time-Sensitive Opportunity to Buy Loop Ticket
Those Prospective Participants who are selected from the Drawings will receive an e-mail using contact details provided during the registration process. This e-mail will provide the Prospective Participant a personalized link to purchase a ticket through our Service Provider Eventbrite. Each link only permits a one-time purchase of a single ticket. The validity of this link is limited in time, and after the deadline you may not purchase a Loop ticket. Upon expiration of your right to purchase a ticket, the unclaimed eligibility to purchase a ticket will be transferred to the next Prospective Participant on the waiting list. The procedure described in this subsection will be repeated until all permits to participate in Loop are allocated.
Once purchased, Loop tickets are non-refundable except as expressly provided for in section 9 below. Tickets are non-transferable; the Loop ticket is personal to the Participant and only the Participant may take part in Loop. Participation in Loop is subject to these GTC and the Loop Code of Conduct found here. Ableton reserves the right to require valid identification that matches your ticket name as a condition to entry into Loop.
§ 7 Payment
Payment of the ticket price is due at the time of booking the Loop participation. Payment must be made to Eventbrite. Payments are non-refundable except as specifically provided in section 9 below.
§ 8 Event Access and Changes
Any Event may be cancelled or changed for organization or non-foreseeable reasons, e.g., weather, and the success of any particular Event is not warranted. Participant agrees that Participant may not have access to all Events and Ableton is not obliged to grant the Participant access to each and every Event.
§ 9 Right of Withdrawal and Refunds
Registered Participants have the right to return a purchased Loop ticket until 30 days prior to Loop. The return must be requested in writing by emailing firstname.lastname@example.org. Requests received within 30 days prior to Loop will be processed and tickets will be refunded by Eventbrite in accordance with Eventbrite’s standard refund terms, which is generally within 7 days depending on the respective bank or initial payment method. The Participant does not incur any costs for tickets returned on time. Participant agrees that should the Participant not make use of individual Events that are offered or otherwise not participate in Loop, the Participant is not entitled to any refund.
§ 10 Authorization/Consent: Use of images
With the purchase of a Loop ticket, the Participant gives permission and authorizes Ableton to use any and all still and/or moving images, included but not limited to video footage, photographs, frames, audio footage and/or audiovisual footage taken at Loop and depicting the Participant throughout the world in perpetuity on the websites https://www.ableton.com and https://loop.ableton.com, Ableton’s social network profiles, including but not limited to Facebook, Twitter, LinkedIn, Google+, Instagram and in any other media used by Ableton or its licensees for the purpose of documentation and maintaining public relations and the right to sublicense any of the aforementioned material to third parties. No monetary compensation is owed by Ableton. Ableton may assign, transfer and grant all rights hereunder to its parent company Ableton AG, having its registered office at Schönhauser Allee 6-7, 10119 Berlin, Germany, (hereinafter, Ableton AG).
§ 11 Code of Conduct
Participants and Prospective Participants agree to the Loop Code of Conduct found here. Ableton reserves the right, without refund, to revoke the ticket of Participants whose conduct violates the Code of Conduct.
§ 12 Commitment to Diversity
Ableton is committed to diversity and does it best to reach a balance of attendance across geography, racial background, gender identity, economic background, music background, as well as minimizing financial barriers to attending Loop, including the offering of subsidized tickets.
§ 13 Force Majeure
If the orderly execution of Loop is considerably impeded, threatened or hindered due to an extraordinary event or circumstance beyond the control of Ableton and/or Ableton AG, such as act of God, war, strike, fire, government sanction etc. – also, if they occur with respect to Ableton’s agents or other Service Providers – Ableton has the right to withdraw from the contract. In case of withdrawal from the contract for such reasons prior to the commencement of Loop, the Participant receives a refund for the full ticket price. Any claims beyond this are barred. If the contract is terminated by Ableton or its agents or Service Providers, as a result of the above-described events of force majeure, Ableton reserves the right to retain a portion of the ticket price proportionate to the contractual obligations already performed or for obligations that must be performed in order to conclude the Event.
§ 14 Participation Requirements
Any person not of Legal Age is excluded from partaking in Loop. Participants have to carry a valid photo-ID with them at all times, and students will also have to carry their valid student ID. Event admission is subject to Venue capacity and age restrictions in compliance with state and local laws. Age restrictions and capacity are specific to each Venue. Participants acknowledge that the Venues may each have their own restrictions limiting entry with certain food, beverages, or other items such as chairs and may have their own rules pertaining to the sale of alcoholic beverages.
§ 15 Weapons-Free Policy
Loop is a private event and maintains a Weapons-Free Policy. Participants are prohibited from carrying weapons of any kind, including concealed or displayed firearms. Participants are not permitted to bring weapons onto the premises of any event. Ableton, the premises presenting Loop Events, and/or Ableton clients may check the bags of Participants before allowing entry into a Venue. Ableton reserves the right, in its sole discretion, without refund, or revoke the ticket of Participants who violate this Weapons-Free Policy. This policy takes effect regardless of whether signs prohibiting weapons are posted at the premises of any official Loop Event.
§ 16 Acknowledgment of Risks
Each Participant understands that partaking in Loop is voluntary and may involve certain risks of physical injury, damage to property, and other damages or losses that may be sustained by a Participant. Each Participant assumes all risk of damages, property loss, and personal injury that may occur by partaking in Loop or in connection with Loop.
§ 17 Copyright/Trademarks
The Loop Website and its content – including but not limited to text, images, audio and video and all texts, concepts, presentation and seminar documents and/or images or musical works which are presented, distributed and made publicly available and/or are reproduced in the context of and in connection with Loop are protected by copyright law and are the intellectual property of Ableton AG or of the particular person who is presenting them. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, these materials , except if expressly authorized herein. The marks “Ableton“, “Live“, “Push“, “Loop“ as well as the particular logos (word, picture and/or word/picture mark) are registered trademarks of Ableton AG.
§ 18 DISCLAMER OF WARRANTIES AND LIMITATION ON LIABILITY
NO WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ABLETON MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION EFFECT ON BUSINESS, PROFITABILITY AND/OR SALES OF THE PRODUCT, THIRD PARTY CONTENT TIMELINESS, NON-INTERRUPTION, INTEGRATION, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABLETON AG, ABLETON OR ITS AFFILIATES, LICENSEES OR SERVICE PROVIDERS BE LIABLE, IN CONNECTION WITH ANY MATTER ARISING OUT OF THIS AGREEMENT, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT THE POSSIBILITY OR CAUSE OF SUCH DAMAGES WAS KNOWN, AND IN NO EVENT SHALL ABLETON’S AND/OR ABLETON AG’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) EXCEED $50. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT THE LIABLITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF ABLETON; (II) WILFULL MISCONDUCT OF ABLETON, INCLUDING FRAUDULENT CONCEALMENT OR DEFECTS; OR (III) ANY LIABILTY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
§ 19 Release and Indemnification
By participating in Loop, Participant accepts and agrees to these GTC and the decisions of Ableton which shall be final and binding in all matters. By participating in Loop, Participant agrees to release and hold Ableton AG, Ableton and its agents, affiliates, and service providers, harmless against any and all claims and liability, including third party claims, arising, in whole or in part, directly or indirectly, out of Participant’s participation in Loop or redemption (or non redemption) of a Loop ticket. The release hereunder is intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
§ 20 Arbitration
Without limiting sections 18 and 19 above, by agreeing to these GTC, you agree that you are required to resolve any claim that you may have against Ableton on an individual basis in arbitration, as set forth in this section 20.
You and Ableton agree that any dispute, claim or controversy arising out of or relating to (a) these GTC or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to Loop or the Drawing, will be settled by binding arbitration between you and Ableton, and not in a court of law.
You acknowledge and agree that you and Ableton are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, Ableton retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Ableton’s and/or Ableton AG’s intellectual property.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that one arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration clause, including any claim that all or any part of this arbitration clause is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these GTC are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The Arbitrator’s decision shall be final and binding on all parties. The arbitrator shall be entitled to award recovery of fees and costs to the prevailing party, including attorney’s fees.
The parties agree that the exclusive place of arbitration shall be Los Angeles, California.
§ 21 Miscellaneous
These GTC are the exclusive and entire agreement between you and Ableton with respect to its subject matter, and as of the Effective Date, supersedes all prior or contemporaneous agreements, negotiations, representations and proposals of any kind, whether written, oral, express or implied, relating to its subject matter. Any conditions contrary to, supplementary to or deviating from these GTC will be null and void and of no consequence whatsoever in interpreting the parties’ legal rights and responsibilities as they pertain to the subject matter herein, including Loop and the Drawing, unless Ableton expressly consents to them in writing.
These GTC will be governed by the laws of the state of California and the United States, without regard to its principles of conflicts of laws.
If any provision of these GTC 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 Ableton or else shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision.
Any failure by Ableton to exercise its rights under these GTC 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 the use of the Loop Website, any partaking in Loop, the use of a Loop ticket or relating to these GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Ableton reserves the right to make changes to these GTC at any time without notice, so please check back and review the GTC from time to time.