Station Privacy Policy – Your Privacy Rights

 

Tokio Los Angeles LLC “Station1640” Privacy Policy

Your Privacy Rights

Last Updated: January 1, 2020

This Privacy Policy applies to the sites and apps where it appears.

This Policy describes how we treat personal information we collect both online and offline. This includes on our websites and in our apps. It also includes at our box offices or in phone or email interactions you have with us.

Our Privacy Policy has been designed with you in mind. How the policy applies to you will depend on how you interact with us.

Your choices and rights under each scenario are explained in more detail below.

 What Information We Have & Where We Get It

We collect and store different types of information about you when you create an account, buy tickets, contact us, and use our websites, apps and social media.

 How We Use Your Information & Why

We collect and use your information for lots of reasons such as helping you get into the shows you love, sharing news, for marketing and as otherwise required by law.

 Who We Share Your Data With & Why

We may share your information with the event providers as well as other third parties associated with the service provided.

 Your Choices & Rights

Among other rights, you can choose whether to receive marketing from us. You also have the right to access the information we have about you.

 Looking After Your Information

We take steps to try to make sure your information is protected and to delete it securely when we no longer need it.

 Contact Us

If you have any questions or feedback about this notice, or how we handle your information, get in touch with us.

What Information We Have & Where We Get It

We collect information from and about you.

Contact and billing information. When you create an account, buy a product or ticket, or have a ticket transferred to you by a friend, we will collect your contact and billing information, such as your name, street address, zip code, email, phone number and credit card number.

Information you post. We may collect the information you post in a public space on our website or a third-party social media site.

Demographic information. We might collect information like your age range, race, or gender, or information about events you like or the products you buy. We might collect this as part of a survey, for example.

Accessibility Information. We may collect details of your health requirements if you have accessibility requirements when attending events.

Other information. If you use our website or apps, we may collect information about the browser and device you’re using, your IP address, your location, the site you came from, the site you visit when you leave us, and how you used or didn’t use our site or app. We may collect this using technology such as GPS and Wi-Fi.

We collect information in different ways.

We collect information directly from you. For example, if you buy products, create an account, or register for a promotion. We also collect information if you post a comment on our websites or ask us a question.

We collect information from you passively. We use tracking tools like browser cookies and web beacons. To learn more about these tools and to control them, please click here. We also collect information from our apps.

We get information about you from third parties. For example, if you use a social media feature within our websites or apps or post to a social media platform, the social media site will give us some information about you.

 

How We Use Your Information & Why

We use information as disclosed and described here.

We use the information to provide you with products and services. We use your information to process your order and provide you with customer support. This includes sending you emails about your account or a purchase. We might also contact you about this policy or our website terms.

We use the information to respond to your requests or questions. For example, we might use your information to confirm your registration for an event or contest. You may give us your friend’s information, for example via our referral service to tell a friend about our website or to purchase a gift card. We will only use your friend’s information to provide the services you requested. Your friend may contact us at privacy@station1640.com to ask us to delete their information.

We use the information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

We may use your information to make our website, products, and services better. We may combine the information we get from you with information about you we get from third parties.

We use the information for security purposes. We use the information to protect our company, our customers, or our websites. This includes to detect or prevent unlawful behavior.

We use the information for marketing purposes. For example, we might send you information about special promotions or offers. We might also tell you about new features or products. These might be our offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy products from us we may enroll you in our newsletter. To learn about your choices for these communications, read the Your Rights and Choices section below.

We may also use push notifications on our mobile apps. We may use push notifications and your location information in our apps to send you alerts regarding local events.

We use information as otherwise permitted by law or as we may notify you.

We keep your information as long as it is necessary or relevant for our business. We also keep information to resolve disputes, enforce our agreements and otherwise required by law.

 

Who We Share Your Data With & Why

We may share information with third parties.

We will share information within the Tokio Los Angeles LLC

(Station1640) family of companies. This may include (names of all companies and assets), for example.

We will share information with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our IT infrastructure or who fulfill your purchases. Some vendors may be located outside of the United States.

We will share information with our business partners. This includes a third party that provides an event such as the artist, promoter or team, or sponsors an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies, which may include sending you marketing communications. You should read those policies to learn how they treat your information.

We will share information with third parties who sell products or services to you. We will disclose your information to a ticket buyer or seller for order fulfillment purposes if you buy or sell tickets via our resale platform, or with a third party who provides you with ticket insurance or merchandise, for example.

We may share information if we think we have to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may also share information if a government agency or investigatory body requests it. Or, we might also share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.

We may share your information for reasons not described in this policy. We will tell you before we do this.

 

Your Choices & Rights

You have certain choices about how we use your information.

You can opt-out of receiving our marketing emails. To stop receiving our promotional emails, email: privacy@station1640.com, or follow the instructions in any marketing email you get from us. You can also change your preferences in your account. It may take about ten days to process your request. Even if you opt-out of getting marketing emails, we will still be sure to send you transactional messages. For example, we may still contact you about your orders.

You can modify the information you have given us. To correct or delete information or update account settings, log into your account and follow the instructions. We make changes as soon as we can. This information may stay in our backup files. If we cannot make the changes you want, we will let you know and explain why. If you contact us requesting access to your information, we will respond within 45 days.

You can control cookies and tracking tools. To learn how to manage how we and our vendors, use cookies and other tracking tools.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your device.

Your California Privacy Rights.

“Shine the Light” law. If you are a California resident and have an established business relationship with us, you can privacy@station1640.com to request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year.

Mention in your email that you are making a “California Shine the Light” inquiry. We will respond within 30 days.

California Consumer Privacy Act. If you are a California resident, you have specific privacy rights governed by the California Consumer Privacy Act (CCPA). These rights include:

Disclosure. You have the right to request a report showing the personal information collected, shared, and sold about you in the past 12 months.

Opt-Out. You have the right to opt-out of the sale of your personal information to third parties.

Deletion. You have the right to request that we delete any personal information collected from you.

Non-Discrimination. We shall not discriminate against you based on your exercise of any of the above rights.

You may submit a request to enact any of the above rights by clicking here to submit a request or call us at (323) 464-2065. We may require additional information to verify your identity before responding to a CCPA rights request. We will respond to your request within 45 days if possible and required under the law.

Personal Information Collected on California Residents:

Names and Aliases

Physical Address

Phone Number

E-Mail Address

IP Address

Unique Identifiers

Interactions with Customer Service

Information about transactions made on our services

Fan Preferences and Attributes

Cookies/Web Beacons – We use tracking tools like browser cookies and web beacons. To learn more about these tools and to control them, please click here.

Device Attributes

 

Personal Information Disclosed for a Business Purpose or Sold About California Residents:

Categories of Personal Personal Information Disclosed for a Business Purpose Sold

Identifiers Names and Aliases X X

Physical Address X X

Phone Number X X

E-Mail Address X X

IP Address X X

Unique Identifiers X X

Commercial Information Interactions with Customer Service X

Information about transactions made on our services X X

Individual’s Preferences and Attributes X X

Internet/ Electronic Activity Cookies/Web Beacons X X

Device Attributes X X

 

To opt-out of the sale of your personal information, please click this “Do Not Sell My Personal Information” link, or use the options presented above to submit a full request.

Sources of Data about California Residents:

Self-disclosed (e.g. Information provided when interacting with our products and services)

Business partners (e.g. Analytics companies, promoters, artists, fan clubs, sports teams, venue owners, etc.)

Data brokers (e.g. Marketing companies, advertising partners, etc.)

Technical service providers (e.g. Cloud service providers)

Business or Commercial Purposes for Collecting or Selling Personal Information about California Residents:

Providing products and services

Event management

Market research and aggregated analytics

To prevent, detect, and manage unlawful behavior

Marketing

Client services

Staff administration

Third Parties with Whom we Share Personal Information:

Business partners (e.g. Analytics companies, promoters, artists, fan clubs, sports teams, venue owners, etc.)

Data brokers (e.g. Marketing companies, advertising partners, etc.)

Technical service providers (e.g. Cloud service providers)

Do Not Track. Our websites and apps are not designed to respond to “do not track” requests from browsers.

Our sites and apps are not intended for children.

Our sites and apps are meant for adults. We do not knowingly collect personal information from children under 13. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us privacy@station1640.com. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.”

 

Looking After Your Information

We use standard security measures.

We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. If you think that an unauthorized account has been created using your name, contact us at the address below.

We store information both in and outside of the United States.

If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to United States laws, which may not afford the same level of protection of those in your country.

We may link to third party sites or services we don’t control.

If you click on one of those links, you will be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites. Our site may also serve third-party content that contains their own cookies or tracking technologies. To learn more, click here. We do not control the use of those technologies.

 

Contact Us

Please contact us if you have more questions.

If you have any questions about this Policy or other privacy concerns, you can email us at privacy@station1640.com. Please do not include your credit card number or other sensitive information in your email. You can also write to us at:

Tokio Los Angeles LLC

1640 N Cahuenga Blvd La Ca 90028

Phone: (323) 464-2065

info@station1640.com

Attention: Privacy Officer, Legal

What we will do if there is an update to this policy.

From time to time we may change our privacy practices. We will notify you of any material changes to this policy as may be required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

© 2020 Station1640, Inc All rights reserved.

 

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Terms of Use

 

Welcome! The following are the Tokio Los Angeles LLC

“Station1640” terms of Use (“Terms”) that govern your use of the websites and applications where this appears (collectively, the “Site”). Our Privacy Policy (link) and any other policies, rules or guidelines that may apply to particular offers or features on the Site are also incorporated into these Terms. By visiting or using The Site, you expressly agree to these Terms, as updated from time to time.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

While some of the events listed on The site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Account Registration

You may browse the Site without registering for an account. You may be required to register for an account to use certain features of the Site. Your account username may not include the name of another person with the intent to impersonate that person or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or another account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules, and regulations and that you will not:

Restrict or inhibit any other person from using the Site;

Use the Site for any unlawful purpose;

Express or imply that any statements you make are endorsed by us, without our prior written consent;

Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;

Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;

Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;

Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals based on religion, race, ethnicity, sexual orientation, gender, age, or disability;

Engage in spamming or flooding;

Harvest or collect information about Site users;

Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or

Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio, and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual-property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and it’s Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you submit;

Link to any portion of the Site other then the URL assigned to the home page of the Site;

“Frame” or “mirror” any part of the Site;

Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise, attempt to derive any source code or underlying ideas or algorithms of any part of the Content;

Remove any copyright, trademark or other proprietary rights notice contained on the Site;

Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or the process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including concerning any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the

Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;

Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available on The Site, including sending information from your computer to another computer where such software or system is active;

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

Access, reload or refresh transactional pages, or make any other request to transactional servers, more then once during any three-second interval;

Request more than 1,000 pages of the Site in any 24 hours, whether alone or with a group of individuals;

Make more than 800 reserve requests on the Site in any 24 hours, whether alone or with a group of individuals;

Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;

Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by writing:

Tokio Los Angeles LLC

1640 N Cahuenga Blvd La Ca 90028

Phone: (323) 464-2065

info@station1640.com

Attn: Trademark Department, Legal

Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (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. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and all media channels, are now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. 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. 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 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 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, 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.

Ticket Terms and Conditions

Time Nightclub loves you! Purchase or use of this ticket constitutes acceptance of the following terms, as well as the Terms and Conditions of the sale, as acknowledged during the purchase process. This ticket is a revocable license for the date and time (unless rescheduled) listed on the front thereof. Entry into the event is strictly limited to people who are over such age as designated by Tokio Los Angeles LLC

(Station1640). Time Nightclub reserves the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person whose conduct is deemed by Station1640 to be disorderly, who uses vulgar or abusive language, or who fails to comply with the rules of the event. Unauthorized resale or attempted resale is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void. Recording and transmitting any report, picture or reproduction of the event to which this ticket is issued is unauthorized, except for limited non-commercial purposes on holder’s personal social media channels only provided that holder is solely responsible for and required to obtain any permissions required before posting, including but not limited to music clearances, and that recording or transmitting any video over fifteen (15) seconds long (regardless of whether it is a single video or series) is strictly prohibited. Holder acknowledges that the event may be broadcast or otherwise publicized, and hereby grants permission to utilize the holder’s image or likeness in connection with any life or recorded transmission or reproduction of such event. The holder may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises. This ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event for which it is issued. This ticket is not transferable or redeemable for cash. It is unlawful to reproduce this ticket in any form. Price includes all applicable taxes. Holder assumes all risks and danger incidental to the event for which this ticket was issued, whether occurring before, during, or after the event, and holder voluntarily agrees that the management, venue/facility, artist(s) performing, participants, participating clubs, Station1640, and all of their respective parents, subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents, and representatives are expressly released from any claims arising from such causes. Please respect the venue and the environment and avoid litter. WARNING: EXCESSIVE EXPOSURE TO LOUD MUSIC WILL DAMAGE YOUR HEARING. Station1640 will not be held liable for amenities promised by VIP or otherwise. The use of this ticket for advertising, promotions, contests, sweepstakes, giveaways, etc. without the express written consent of Station1640 is expressly prohibited. Holder bears all risks of inclement weather. Event date, time, location and talent subject to change. NO REFUNDS OR EXCHANGES. All sales are final. In the event of any inconsistency or conflict between the terms stated herein and the terms contained in the applicable ticketing agency’s terms of use/sale, the terms stated herein shall control. Remember, the most important headliner is YOU!

Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) a physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good-faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to Legal, Tokio Los Angeles LLC

1640 N Cahuenga Blvd La Ca 90028Attention: Legal

There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringes.

Links

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.

Parental Controls

We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed on this website.

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

Rules for Sweepstakes, Contests, and Games

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

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us.

You agree that your abusive use of The Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you or others acting with you, request more than 1,000 pages of the Site or make more than 250 reserve requests on the Site in any 24 hours, you, and those acting with you will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($2.99) for each page request or reservation request made during that 24-hour period which exceeds those limits.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Indemnification

If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

You may assert claims in small claims court if your claims apply;

If a claim involves the conditional a license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and

If the arbitration agreement in these Terms are for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms are governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted and will survive the termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or a 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) and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Tokio Los Angeles LLC

1640 N Cahuenga Blvd La Ca 90028Phone: (323) 464-2065 info@station1640.comAttention: Privacy Officer, Legal

You may download the forms located at http://www.jamsadr.comThe arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed following federal law to the fullest extent possible.

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Tokio Los Angeles LLC

1640 N Cahuenga Blvd La Ca 90028

Phone: (323) 464-2065

info@station1640.com

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.