Users of the Services offered by Legato acknowledge and accept these terms and conditions.
Event Generator, LLC
620 West Ferry
Buffalo, NY 14222
This document is a legal agreement between you, the “User”, and Event Generator, LLC (“EG”) the entity providing Legato. It governs your use of the online properties and, in any case, for the use of the services provided.
“User”, “you”, “your” and similar terms, either in singular or plural form, means you, the User.
“We”, “our”, “us” and similar terms means Event Generator, LLC the company that owns and manages Legato as outlined in the present document.
“Legato” means the current website and/or application.
“Agreement” means this document, as amended from time to time. “Site” means legato.events.
“Services” means the access to live streamed performances on this Site.
“Performances” means the live streamed performances provided on this Site.
“Terms” or “Terms of Conditions” mean the terms contained within this document.
You will need to create a user account on the Site. You are to register in a truthful and complete manner by providing all the required data in the relevant registration form. You are responsible for choosing your username, that we can approve or reject based on our discretion, and password. You are responsible for maintaining the confidentiality of these credentials, and you are responsible for all use of the Services occurring under your credentials. It is understood that we shall not be held responsible under any circumstances incase of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of your access credentials.
You affirm that you are at least 16 years of age and are fully able and competent to enter into these Terms and their conditions, obligations, affirmations, representations, and warranties set forth in theseTerms, and to abide by and comply with these Terms. If you are 16 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand the Terms. If you are under the age of 16, you may use the Services only with the consent of your parent or guardian.
You may use the Services to purchase tickets to view live stream performances through a device such as, but not limited to, a smartphone, laptop, desktop, tablet, or smart TV.
To access and use the Platform to purchase and viewPerformances you must register with Legato. If you choose to register with Legato, you may log in to the Platform using a third-party login provider (such as Facebook, Google orInstagram). If you do not wish to use third-party access credentials, you will be required to create a Legato user account that includes a sign-in name (“Sign-In Name”), a password (“Password”), and as well as other certain additional information (“Unique Identifiers”) that will enable us to authenticate your identity when log into Legato in the future. Each Sign-in Name and corresponding Password can be used by only one user.
You will promptly inform Legato of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change yourPassword or Sign-In Name at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Legato is under no obligation to accept any individual or entity as an account holder and may accept or reject any registrations in our sole and complete discretion. Your use of the Services must comply with all applicable laws, rules, and regulations.
IV. Community Guidelines
In accessing the Services, you agree to abide by Legato’s community guidelines (the “Community Guidelines”), specifically that:
1. You will not use the Services to stalk or harass artists or any other person;
2. You will comply with all applicable laws in your use of Legato and its Services and you will not use the Services or any unlawful purpose;
3. You will not upload, post, e-mail, transmit, or make otherwise available any content, that:
a. discloses any confidential or sensitive information about another person, including another person’s e-mail address, mailing address, phone/cellphone number, credit card information, or any similar information, or
b. infringes on any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
c. are indecent, obscene, defamatory, pornographic, libelous, invades on another’s privacy, promotes violence, or contains harassing or hate speech that attacks or demeans a person or group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity.
4. You will not resell our Services or access to the Performance.
5. You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Service;
6. You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
7. You will not access or use theServices to collect any market research on our users or for a competing business;
8. You will not decompile, reverse engineer, modify, or disassemble any software or other products or processes accessible through our Service or manufacture works based on Legato or any portion of it;
9. You will not copy, store, edit, change, prepare any derivative work of, or alter in any way, any content provided through or by Legato;
10. You will not misappropriate the account of another User;
11. You will not register or use the Service in order to approach the Users to promote, sell, or advertise products or services of any kind except when and in the manner expressly approved by Legato;
12. You will not rent, lease, license, sublicense, assign or otherwise convey Legato in any manner;
13. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website.; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services 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; and
14. You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
We request that you notify us should you find that something violates our Community Guidelines.
To purchase a ticket to a Performance, you shall follow the instructions on the Site and pay us all fees stated in the order process. We may need to verify some information prior to providing you with a ticket. Ticket prices are subject to change without notice. Where applicable, as a User, you shall pay all purchase prices, taxes, and other fees in connection with your purchase of a ticket. Payment is due immediately upon making purchase of a ticket. By purchasing a Ticket, you agree to pay Legato, through our third-party payment service. The charges made to your credit card will show up as “Twisted Rope Labs, LLC”.
We use third-party tools for our payment processing and such tools are not affiliated with EG or Legato in any. We make no representation or warranty regarding any third-party processor, and assume no responsibility therefrom. We will collect and remit sales tax if required by applicable law. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. If a Performance is rescheduled, your Ticket will automatically be valid for the new Performance date.
If a Performance is cancelled, you will automatically receive a refund for any Ticket purchased for that Performance minus any service fees.
VI. External Sites
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Event Generator and its subsidiaries, affiliates, its members, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:(i) your use of and access to the Service; (ii) your violation of any term contained within these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) your use of the Site or items; or (v) any claim that your Ticket or viewing caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site, items, and Services.
VIII. Right of Refusal and Account Termination
We reserve the right at our sole discretion to deny you or cancel your access to the Service, without notice or reason, whether through the Site or otherwise, and specifically reserve the right to reject ticket purchase requests or orders without giving our reason for doing so.
IX. Warranty Disclaimers and Liability Limits
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EG, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE SERVICES AND SITE ARE PROVIDED “AS IS” and “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANT OF ANY KIND. EG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OFTHE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. EG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. EVENT GENERATOR DOES NOT CONDONE OR ENDORSE THE CONTENT OR EXPRESSIONS IN THE PERFORMANCES UNLESS EXPLICITLY STATED OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAYNOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITE, SERVICES, OR ITEMS. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO US BY YOU FOR THE SERVICES IN THE 1MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
X. Copyright Policy
In connection with our Site and Services, the following is our policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of performers or users of our Site and Services who are determined to be repeat infringers of intellectual property rights, including copyrights. If you believe that one of our performers or users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
• An original or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Clear identification of the copyrighted work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement explaining that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
You may direct copyright infringement notifications to our designated copyright agent:
Event Generator, LLC
Attn: Legato Copyright
620 West Ferry
Buffalo, NY 14222
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES,INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EG without restriction.
Any controversy or claim arising out of or relating to these Terms, the Agreement, the Site, the Services, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT,IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. If in person, the place of arbitration shall be Buffalo, New York, United States. The arbitration shall be governed by the laws of the State of New York. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s)shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitration may be conducted in person, through the submission of documents, by phone, or online.
XII. Class Action Waiver
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AGAINST US IN A COURT OR IN ARBITRATION. YOU FURTHER AGREE THAT YOU MAY BRING DISPUTES AGAINST US ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we agree otherwise, arbitration claims may not be joined or consolidated in the arbitration proceeding. In no event shall the arbitrator have authority to preside over any form of representative or class proceeding or to issue any relief that applies to any person or entity other than you and Legato individually. If this Class Action Waiver is found to be invalid or unenforceable in whole or in part, then the entirety of this section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.
XIV. Equitable Relief
You agree that Legato may be irreparably harmed by a violation or threat of violation of this Agreement because our intellectual property and proprietary information are commercially valuable, confidential information that reflect the investment of substantial time and money. As such, you agree that Legato shall have the right to seek all available remedies, including injunctive and equitable relief, in any court of competent jurisdiction to remedy any breach of this Agreement pending the outcome of arbitration.
XV. Additional Terms
From time to time, we may change these Terms. Check the Terms each time you use the Services to see the most up to date version.
You shall comply with all applicable laws, rules and regulations when accessing and using the Site and purchasing Services. In addition, we may update the content on the Site from time to time.
You shall not use any of our trademarks, including the name Legato or its associated logo, without our prior written permission. The content available on Legato is protected by the laws in force on intellectual property rights and by related international treaties.
All matters relating to the Site, the Services, and your purchase of Services or items, these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New York without giving effect to any choice or conflict of law provision. No waiver by us of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these terms shall not constitute a waiver of such right or provision.
EG reserves the right to discontinue any item, Service, or any part or function of the Site.
If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these terms shall continue in full force and effect.
For any questions related to our Site, please write to:
Event Generator, LLC
620 West Ferry
Buffalo, NY 14222
Updated: October 23, 2020