Submitter & Advertising Terms

1. UpInLA Advertising Services

UpInLA provides event-listing, advertising and promotional services.
Available services may include Standard listings, Featured listings,
included social-media promotion, Social Media Reel Boost, Radio Rotation
and other promotional options offered at checkout.

Payment purchases only the advertising or promotional service described
at the time of purchase. It does not purchase event production, event
management, ticketing, sponsorship, legal compliance, representation,
guaranteed audience exposure or endorsement by UpInLA.

Unless expressly agreed otherwise in writing, UpInLA and
LA Underground Radio are not the organizer, producer, co-promoter,
operator, sponsor, host, venue, ticket seller, ticketing provider,
security provider, transportation provider, employer, agent,
representative, fiduciary or partner of an advertised event.

2. Authority to Submit and Purchase

If the Submitter acts on behalf of an event organizer, venue, promoter,
business, nonprofit organization, agency, production company, collective
or other entity, the Submitter represents and warrants that they have
authority to submit the event, purchase the advertising and agree to
these Terms on that entity’s behalf.

The Submitter remains responsible for compliance with these Terms when
acting on behalf of another person or organization.

The Submitter represents that they are at least 18 years old and legally
capable of entering into a binding agreement, or are acting through an
authorized person or entity legally capable of doing so.

The Submitter represents that they are authorized to use the payment
method provided, that billing information is accurate, and that they
authorize UpInLA to charge the amounts shown in the applicable order.

3. Accuracy and Truthfulness of Submissions

The Submitter is solely responsible for the accuracy, completeness,
legality and authorization of all information supplied to UpInLA.

This includes, without limitation:

• Event name and description
• Event dates
• Venue and location information
• Admission prices
• Age restrictions
• Ticket and registration information
• Ticketing and website links
• Organizer and business information
• Contact information
• Accessibility and entry information
• Photographs, artwork, logos, video, audio and promotional materials
• Statements or claims made about the event
• Required permits, licenses, permissions and regulatory approvals

The Submitter represents that the event is genuine and authorized and
that submitted information is accurate and not materially misleading at
the time of submission.

UpInLA may rely on information supplied by the Submitter without
independently investigating or verifying every statement, representation,
permission, permit, license or document.

4. Continuing Duty to Notify UpInLA of Changes

The Submitter must notify UpInLA as soon as reasonably practical if an
advertised event is cancelled, postponed, rescheduled, relocated, sold
out or materially changed.

The Submitter is responsible for providing corrected information
promptly enough for UpInLA to reasonably process the requested change.

UpInLA is not responsible for losses, complaints or confusion caused by
inaccurate, incomplete or delayed information supplied by the Submitter.

The Submitter is responsible for reviewing the published listing and
promotional materials promptly after publication and reporting any
material error attributable to UpInLA within a reasonable time after the
Submitter becomes aware, or reasonably should have become aware, of the
error.

Failure to report a reasonably discoverable error promptly may limit the
availability or practicality of correction, extension, replacement or
other make-good remedies.

5. Post-Submission Changes and $5 Change Fee

The Submitter is responsible for reviewing all event information,
materials and purchase selections carefully before completing the
submission.

After submission, each requested change is subject to a
$5 change fee per individual change.

A “change” means one requested modification to one field, item, asset or
material element of the submitted event or promotional order. Multiple
requested modifications may therefore result in multiple $5 change fees.

UpInLA may require payment of the applicable change fee before processing
the requested change.

Requested changes are subject to review and are not guaranteed to be
completed immediately. Changes requested too close to the event date,
publication date, social-media placement or radio schedule may not be
possible.

A requested change does not restart or extend the purchased advertising
period and does not create a new promotional window.

UpInLA may correct an error caused solely by UpInLA without charging the
Submitter a change fee.

Changes required because of incorrect or incomplete information supplied
by the Submitter, including dates, venue information, links, pricing,
artwork, copy or other submitted information, remain subject to the
applicable change fee.

6. Event Operation, Permits and Legal Compliance

The Submitter and applicable event organizer are solely responsible for
the organization, operation, legality, safety and regulatory compliance
of the advertised event.

UpInLA does not inspect events or venues and does not assume
responsibility for obtaining, confirming or verifying:

• Event permits
• Business licenses
• Insurance
• Venue authorization
• Security arrangements
• Alcohol permits
• Food-service permits
• Performance, music or entertainment licenses
• Accessibility compliance
• Age restrictions
• Health or safety requirements
• Vendor permissions
• Governmental or regulatory approvals

Publication of an advertisement does not represent a determination by
UpInLA that an event complies with applicable law or regulatory
requirements.

7. Rights to Submitted Materials

The Submitter represents and warrants that they own or have obtained all
rights, permissions, licenses, approvals and releases necessary to submit
and authorize use of the materials provided to UpInLA.

This includes photographs, artwork, graphics, logos, trademarks, names,
event descriptions, promotional copy, video, audio, music, links and
other submitted materials.

The Submitter is also responsible for obtaining any permissions or
releases reasonably necessary for identifiable individuals appearing in
submitted photographs, video or audio.

The Submitter retains any ownership rights they otherwise hold in their
original materials.

8. License to Publish and Promote Submitted Materials

The Submitter grants UpInLA and LA Underground Radio a non-exclusive,
worldwide, royalty-free license to use, reproduce, publish, display,
distribute, repost, format, resize, crop, compress, adapt for layout,
combine with text or graphics and otherwise reasonably modify submitted
materials as necessary to:

• Review the submission
• Publish the event listing
• Display the event within UpInLA
• Provide purchased promotional services
• Create social-media promotional materials
• Publish an approved Submitter-provided Reel when applicable
• Create or deliver radio-related promotional materials when applicable
• Promote the submitted event through UpInLA and LA Underground Radio
• Operate and promote the UpInLA event directory

UpInLA may permit its contractors, fulfillment providers and third-party
platforms to use or process submitted materials solely as reasonably
necessary to provide, distribute, host, document or support the purchased
service.

This license continues for the period reasonably necessary to provide,
document and archive the applicable service, subject to applicable law
and the UpInLA Privacy Policy.

9. Editorial, Formatting and Technical Changes

UpInLA may make reasonable changes necessary to fit its website,
advertising formats, social-media formats or technical requirements.

UpInLA may:

• Correct obvious spelling or formatting issues
• Shorten text for layout or platform limits
• Crop, resize or compress images
• Resize or reformat video
• Combine submitted materials with UpInLA text, graphics or branding
• Assign or change an event category
• Adapt materials for social-media or broadcast presentation

UpInLA will not knowingly make a material factual change to the event
information without authorization from the Submitter.

10. Review, Approval and Publication

Submission and payment do not guarantee approval or publication.

All paid event submissions are subject to UpInLA review.

UpInLA may:

• Approve or reject a submission
• Request additional information
• Request corrections or replacement materials
• Delay publication while reviewing a submission
• Suspend or remove an advertisement
• Refuse future advertising submissions

UpInLA may reject, suspend or remove content that it reasonably believes
is inaccurate, deceptive, unlawful, unauthorized, unsafe, infringing,
inappropriate, technically unusable or inconsistent with these Terms or
UpInLA policies.

Review, approval or publication does not constitute independent
verification, certification or endorsement of the advertised event or
statements contained in the advertisement.

Approval or publication does not waive UpInLA’s right to later suspend or
remove a listing or promotional service if new information reveals fraud,
material misrepresentation, unlawful conduct, infringement, lack of
authorization or another material violation of these Terms.

Removal or suspension for those reasons does not automatically entitle the
Submitter to a refund, credit, extension, replacement placement or other
remedy, except where applicable law requires otherwise.

11. Advertising Order and Purchased Deliverables

The service selected by the Submitter, together with the price,
advertising period, add-ons and other purchase details shown during
submission or checkout, forms part of the applicable advertising order.

The Submitter is responsible for reviewing the purchase summary before
completing payment.

The applicable checkout or purchase summary controls the specific
quantity, duration, price and selected deliverables purchased by the
Submitter. These Terms govern the conditions, limitations, responsibilities
and remedies applicable to those purchased services.

Unless expressly stated otherwise in writing, no service, placement,
audience level, deliverable or benefit is included beyond what is shown
in the applicable order and these Terms.

Review, editorial preparation, formatting, graphic preparation, Reel
review, radio-copy preparation, scheduling and other fulfillment work may
begin immediately after submission, payment or approval, as applicable.

Cancellation before public publication does not create a refund right for
work already performed, production already completed or third-party costs
already incurred.

12. Advertising Period

UpInLA offers advertising periods of up to four weeks, as presented
during submission.

The advertising period is calculated from the applicable
submission/payment date through the submitted event End Date, subject to
the purchased package and UpInLA approval.

Online advertising is limited to a maximum of four weeks unless UpInLA
expressly offers another arrangement.

Late submission, incomplete information, delayed corrections, missing
materials or delayed responses from the Submitter do not automatically
extend the advertising period.

Cancellation, postponement, rescheduling, relocation, extension or other
change to the underlying event does not restart, extend or replace the
originally purchased advertising period. A later event date may require
a new or additional advertising purchase.

13. Standard Listings

A Standard listing provides placement within UpInLA’s Standard event
inventory for the applicable approved advertising period.

Standard placement does not guarantee:

• A fixed card position
• First-page placement at all times
• Prominence over another event
• A specific ranking
• A minimum number of impressions or views

Visibility may vary based on event dates, pagination, search terms,
filters, inventory and the ordinary operation of the UpInLA directory.

14. Featured Listings

A Featured listing provides placement within UpInLA’s designated Featured
inventory for the applicable approved advertising period.

Featured placement does not guarantee:

• A fixed card position
• A permanent first position
• A specific sequence or ranking
• Exclusive Featured placement
• A minimum number of impressions or views

Multiple Featured listings may appear at the same time, and their
relative position may change or rotate.

Featured describes a paid advertising placement. It does
not mean that UpInLA or LA Underground Radio endorses, recommends,
verifies, certifies or guarantees the event.

15. Included Social Media Promotion

Every approved listing includes
one Instagram/Facebook Post or Story scheduled within
the purchased advertising window.

UpInLA determines whether the included placement is delivered as a Post
or Story based on platform format, scheduling and promotional needs.

Social media tags are not included with this free
included placement.

The included social placement is subject to platform availability,
content suitability, technical requirements and these Terms.

Temporary third-party platform issues may result in reasonable
rescheduling or an equivalent make-good where appropriate.

The included social placement does not guarantee reach, impressions,
views, engagement, clicks, attendance, ticket sales, revenue or any other
promotional or commercial result.

The included social placement is separate from the paid
Social Media Reel Boost, which provides enhanced
social-media promotion, including venue tagging where applicable and
additional Instagram/Facebook placement during the purchased advertising
period.

16. Social Media Reel Boost

Social Media Reel Boost is an enhanced social-media promotional service
provided during the Submitter’s purchased advertising period.

When purchased, the Boost includes enhanced social-media promotion,
including venue tagging where applicable and additional
Instagram/Facebook placement during the purchased advertising period, as
described during checkout.

The Social Media Reel Boost is the purchased promotional service.
The optional Reel is not the product itself and is not required
for the Submitter to receive the Boost.

Optional Finished Reel Submission

The Submitter may optionally upload one finished Reel
for one-time review and approval by UpInLA.

UpInLA does not create, edit, repair, complete or otherwise produce the
Submitter’s Reel as part of the Social Media Reel Boost unless UpInLA
expressly agrees to a separate service in writing.

Submission of a Reel does not guarantee approval or publication.
UpInLA may reject a Reel that does not meet applicable technical,
content, legal, quality, platform or promotional requirements.

One-time review means that one submitted finished Reel receives one
approval review. If that Reel is rejected, the Submitter is not
entitled to submit a replacement Reel under the same purchased Boost
unless UpInLA expressly permits it.

A finished Reel must be submitted with sufficient time for UpInLA to
complete its one-time review and, if approved, place the Reel within the
purchased advertising period. UpInLA is not required to review or publish
a Reel submitted too late for reasonable processing.

Failure to submit a Reel, late submission of a Reel or rejection of a
submitted Reel does not cancel the remaining Social Media Reel Boost
services and does not mean that the Boost was not provided.

Rejection, non-submission or late submission of a Reel does not
automatically entitle the Submitter to a refund, credit, extension,
replacement placement, additional Reel review or other remedy.

Rights and Permissions for Submitted Reels

The Submitter is solely responsible for ensuring that the submitted Reel
and everything contained in it may lawfully be used and published by
UpInLA.

This includes all necessary rights, licenses, permissions and releases
relating to:

• Video
• Photographs
• Music and musical compositions
• Sound recordings
• Performances
• Artwork and graphics
• Trademarks and logos
• Names and likenesses
• Other third-party material

Third-Party Social Platforms

Instagram, Facebook, Meta or other third-party platforms may
independently crop, compress, restrict, reject, suppress, remove or
otherwise affect submitted or published content.

UpInLA does not control those third-party platform decisions.

No Guarantee of Results

Social Media Reel Boost does not guarantee reach, impressions, views,
engagement, likes, shares, follows, clicks, website visits,
registrations, attendance, ticket sales, revenue or any other
promotional or commercial result.

17. Radio Rotation

Radio Rotation is sold through UpInLA as a reseller of advertising
services fulfilled by LA Underground Radio.

When a Submitter purchases Radio Rotation through UpInLA, UpInLA may
collect payment, transmit submitted event information and materials, and
coordinate fulfillment, while LA Underground Radio provides the radio
advertising service.

The radio portion of the purchase is also subject to
LA Underground Radio’s applicable advertising policies,
broadcast standards, technical requirements and scheduling practices.
Those radio-specific terms must be made available to the Submitter at or
before purchase when Radio Rotation is selected.

For matters specifically concerning radio-content acceptance, broadcast
standards, scheduling, rotation and radio delivery, LA Underground
Radio’s applicable terms control. These Submitter & Advertising Terms
continue to govern the UpInLA purchase, payment, checkout and overall
advertising order.

If Radio Rotation purchased through UpInLA cannot be fulfilled, any
refund, credit, replacement, rescheduling or other commercial remedy is
administered by UpInLA under these Terms, while LA Underground Radio’s
applicable policies govern radio-content acceptance, broadcast standards,
technical requirements, scheduling and delivery.

The purchased number of promotional mentions and campaign period shown
in the applicable order constitute the radio advertising deliverable.

A “mention” means an LA Underground Radio promotional announcement or
spot substantially communicating the advertised event information.

Unless expressly stated in the applicable order, a mention does not
guarantee a specific script, word count, duration, voice, music bed,
production format or exact wording.

LA Underground Radio retains reasonable editorial, technical and
scheduling control over material aired through its service, including
reasonable adjustments for timing, pronunciation, clarity, broadcast
suitability and technical requirements, provided that the material
meaning of the advertised event is not knowingly changed.

Exact clock times, specific programs, specific dayparts, concurrent
listener counts and exposure to any particular listener are not
guaranteed unless expressly included in the purchased service.

Neither UpInLA nor LA Underground Radio guarantees listeners, audience
size, website visits, inquiries, registrations, attendance, ticket sales,
revenue or any other commercial or promotional result from Radio
Rotation.

Purchasing Radio Rotation through UpInLA does not make UpInLA the
broadcaster or operator of LA Underground Radio.

18. Submitter-Caused Delays or Missing Materials

The Submitter must provide requested content, corrections, approvals and
other required materials within a reasonable time.

If the Submitter fails to provide required materials or information in
sufficient time, UpInLA is not responsible for any resulting delay,
shortened campaign, rescheduling, missed promotional opportunity or
inability to provide that portion of the service.

Submitter-caused delay does not automatically extend the event End Date,
advertising period or promotional window.

19. Third-Party Platforms and Infrastructure

Some promotional services depend on third-party platforms, hosting,
internet connectivity, social-media services, streaming providers or
other external infrastructure.

UpInLA does not control third-party platform outages, policy changes,
content-moderation decisions, account restrictions, technical failures,
API changes, geographic restrictions or other third-party actions.

A temporary third-party disruption does not automatically entitle the
Submitter to a refund. Where reasonably practical, UpInLA may reschedule,
repost, extend, replace or provide an equivalent make-good for the
affected service.

If a material purchased service cannot ultimately be delivered because
of circumstances for which UpInLA is responsible or cannot reasonably
cure, the remedy provisions below apply.

20. No Guarantee of Advertising or Promotional Results

UpInLA guarantees only the defined advertising or promotional deliverable
that it expressly agrees to provide, subject to these Terms.

UpInLA does not guarantee:

• Views
• Impressions
• Reach
• Listeners
• Engagement
• Likes
• Shares
• Follows
• Clicks
• Website visits
• Leads or inquiries
• Registrations
• Ticket sales
• Attendance
• Revenue
• Profitability
• Media coverage
• Any other commercial or promotional result

Advertising performance depends on numerous factors outside UpInLA’s
control.

21. Event Changes and Organizer Cancellation

Cancellation, postponement, relocation, rescheduling, weather,
performer cancellation, venue problems, reduced attendance, low ticket
sales or other circumstances affecting the underlying event do not
constitute failure by UpInLA to provide advertising already delivered.

If an event is cancelled after publication begins, the affected listing
may be marked cancelled, disabled or otherwise handled according to
UpInLA’s current event-cancellation procedures.

Advertising already delivered remains non-refundable except where
applicable law requires otherwise.

Promotional services already delivered are not repeated solely because an
event is cancelled, postponed, relocated, rescheduled or otherwise
changed. Any repeat placement, extension or replacement service is
discretionary unless expressly required by the applicable order or law.

UpInLA may, in its discretion, provide the organizer of a cancelled
published event with a non-stackable 20% discount toward one future event
listing. Unless otherwise stated when issued, the discount is valid for
one month, has no cash value and cannot be combined with another
promotion or discount.

22. Refund Policy

General Refund Policy

UpInLA does not generally issue refunds. Except where
applicable law requires otherwise, any refund, credit, replacement
placement, extension, rescheduling or other make-good is provided at
UpInLA’s discretion based on the circumstances of the applicable order.

Submission Rejected Before Publication

Rejection of a submission before publication does not automatically
entitle the Submitter to a refund.

UpInLA may, in its discretion, provide a full or partial refund, credit,
replacement placement or other remedy after considering factors such as
the reason for rejection, work already performed, review or production
already completed, and any third-party costs already incurred.

Fraudulent, Unlawful or Rights-Infringing Submissions

Fraudulent, deceptive, unlawful, materially misleading, unauthorized,
abusive or rights-infringing submissions are not eligible for a refund
except where applicable law requires otherwise. This includes situations
in which the Submitter lacked necessary rights, permissions or authority
for submitted materials or the advertised event.

After Publication or Delivery Begins

Once an approved event listing or other purchased promotional service
becomes publicly accessible to its intended audience, delivery of that
service has begun and the delivered service is generally
non-refundable.

Internal approval or scheduling alone does not constitute publication.

Cancellation Requested by the Submitter Before Publication

A Submitter may request cancellation before publication. UpInLA may
provide a refund based on the work already performed, including review,
preparation, editing or production. Any applicable administrative review
amount may be retained to the extent permitted by law.

Event Cancellation After Publication

Cancellation of the underlying event does not retroactively undo
advertising or promotional services already delivered and does not
automatically create a refund right.

UpInLA Delivery Problem

If UpInLA fails to provide a material portion of a purchased service
because of an error or failure attributable to UpInLA, UpInLA may first
provide an appropriate cure or make-good.

Depending on the affected service, a remedy may include:

• Correction of the placement
• Extension of the advertising period where practical
• Reposting
• Rescheduling
• Replacement placement
• Equivalent promotional delivery
• Advertising credit
• Partial refund
• Full refund of the affected service

If UpInLA cannot materially provide the purchased service and a reasonable
cure or equivalent make-good is not available, the amount paid for the
affected undelivered service will be refunded.

Temporary Technical Interruptions

Brief interruptions caused by maintenance, hosting issues, internet
outages, third-party services, browser behavior or temporary technical
conditions do not automatically qualify for a refund.

Refund Processing

Approved refunds will be initiated within five business days and will
ordinarily be returned to the original payment method when technically
available.

Additional processing time may depend on the payment processor, card
issuer, bank or financial institution and is outside UpInLA’s control.

Refund Requests

Cancellation and refund requests must be submitted through the

UpInLA Contact Page

and must contain sufficient information to identify the advertising order
and advertised event.

Nothing in this policy eliminates any refund or cancellation right that
applicable law does not permit the parties to waive.

23. Prohibited Advertising and Content

Submitters may not submit advertisements, events or materials that:

• Violate applicable law
• Are fraudulent, deceptive or materially misleading
• Infringe copyright, trademark or other intellectual-property rights
• Violate privacy or publicity rights
• Impersonate another person or organization
• Advertise an event without appropriate authorization
• Contain malicious software or deceptive links
• Promote or facilitate unlawful activity
• Promote violence or credible threats of violence
• Promote exploitation or trafficking
• Contain unlawful discriminatory material
• Otherwise create a material legal, safety, security or reputational risk for UpInLA

This list is not exhaustive.

UpInLA may reject, suspend or remove advertising that it reasonably
determines should not appear through the Services.

24. Ticketing, Links and Third-Party Transactions

Advertisements may contain links to ticketing services, organizer
websites, social-media platforms, venues, maps or other third-party
websites and services.

Unless expressly stated otherwise, UpInLA does not sell or issue tickets
for advertised events and is not a party to transactions between event
attendees and third parties.

UpInLA does not control third-party websites or services and is not
responsible for their availability, pricing, fees, refunds, policies,
security, content or performance.

The Submitter is responsible for ensuring that submitted links are
accurate, authorized and appropriate for the advertised event.

25. No Endorsement, Partnership, Agency or Co-Promotion

Acceptance or publication of an advertisement does not mean that UpInLA
or LA Underground Radio endorses, sponsors, certifies, recommends or
guarantees the Submitter, event, organizer, venue, performer, vendor,
product or service.

The advertising relationship does not create a partnership, joint
venture, employment relationship, agency relationship, fiduciary
relationship, co-promoter relationship, event-production relationship or
other relationship beyond the purchased advertising or promotional
service.

26. Intellectual Property and Third-Party Claims

The Submitter is responsible for ensuring that submitted materials may
lawfully be used for the applicable advertising or promotional service.

UpInLA may remove, disable or suspend disputed material while reviewing
a complaint involving copyright, trademark, privacy, publicity or other
third-party rights.

Removal or suspension of disputed material does not constitute an
admission by UpInLA regarding the validity of any claim.

27. Indemnification

To the maximum extent permitted by applicable law, the Submitter agrees
to defend, indemnify and hold harmless UpInLA, LA Underground Radio and
their respective owners, affiliates, employees, contractors,
representatives and service providers from third-party claims,
liabilities, damages, judgments, losses, costs and reasonable legal
expenses arising out of or relating to:

• The advertised event
• The organization, operation or cancellation of the event
• Information or materials supplied by the Submitter
• False, inaccurate, deceptive or misleading information
• Violation of copyright, trademark or other intellectual-property rights
• Violation of privacy or publicity rights
• Failure to obtain necessary permissions or releases
• Products or services promoted through the advertisement
• Permits, licenses, insurance or regulatory compliance
• The Submitter’s violation of applicable law
• Acts or omissions of the organizer, venue, performers, contractors, vendors or persons acting on their behalf
• The Submitter’s material breach of these Terms

UpInLA may provide reasonable notice of an indemnified claim and may
participate in the defense with counsel of its choosing.

The Submitter may not settle an indemnified claim in a manner that admits
wrongdoing by, imposes liability or obligations on, restricts, or
otherwise materially affects UpInLA or LA Underground Radio without
UpInLA’s prior written consent.

28. Disclaimer of Warranties

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

UpInLA does not warrant that the website, advertising service,
social-media platform, streaming infrastructure or other promotional
service will operate continuously, without interruption or without
technical error.

UpInLA does not warrant the accuracy or reliability of information
supplied by Submitters, event organizers, venues, ticketing providers or
other third parties.

Nothing in these Terms excludes warranties, rights, remedies or
obligations that cannot lawfully be excluded.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPINLA,
LA UNDERGROUND RADIO AND THEIR RESPECTIVE OWNERS, AFFILIATES,
EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND SERVICE PROVIDERS WILL NOT
BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR BUSINESS-RELATED DAMAGES ARISING OUT OF OR RELATING TO AN
ADVERTISING ORDER, PROMOTIONAL SERVICE, ADVERTISEMENT OR ADVERTISED
EVENT.

This includes claimed losses involving:

• Lost profits
• Lost ticket sales
• Lost attendance
• Lost business opportunities
• Lost advertising value
• Loss of data
• Reputational harm
• Reliance on advertising performance
• Event cancellation or modification
• Conduct occurring at the advertised event
• Acts or omissions of third parties

To the maximum extent permitted by applicable law, UpInLA’s aggregate
liability arising from an advertising or promotional claim will not
exceed the amount actually paid to UpInLA for the
specific affected service giving rise to the claim.

Nothing in these Terms limits liability to the extent such limitation is
prohibited by applicable law.

30. Circumstances Beyond UpInLA’s Reasonable Control

To the maximum extent permitted by applicable law, UpInLA is not liable
for delay, interruption or failure caused by circumstances outside its
reasonable control, including natural disasters, fires, severe weather,
utility failures, internet or hosting outages, cyber incidents, labor
disruptions, governmental actions, platform outages, service-provider
failures or similar events.

Where reasonably practical, UpInLA may use correction, extension,
rescheduling, replacement or an equivalent make-good to address an
affected promotional service.

31. Payment Disputes and Chargebacks

Submitters should contact UpInLA promptly if they believe a payment or
refund has been processed incorrectly.

Initiating a chargeback or payment dispute does not alter the Submitter’s
obligations under these Terms.

Duplicate submissions or purchases do not automatically entitle the
Submitter to a refund. UpInLA may correct or refund an obvious duplicate
at its discretion, except where applicable law requires otherwise.

When responding to a payment dispute, UpInLA may provide the payment
processor, card issuer or financial institution with relevant records,
including the advertising order, payment record, acceptance of these
Terms, publication records and evidence of services provided.

32. Electronic Agreement and Records

The Submitter agrees that the submission, advertising order, acceptance
of these Terms, payment confirmation, receipt, notices and related
communications may be created and delivered electronically.

UpInLA may retain records reasonably necessary to document the
submission, payment, acceptance of these Terms, publication and services
provided, subject to applicable law and the UpInLA Privacy Policy.

33. Informal Dispute Resolution

Before initiating arbitration concerning a dispute arising from these
Terms, either party must first provide the other party with written notice
describing the dispute and requested resolution.

A notice to UpInLA must be submitted through the

UpInLA Contact Page

and must provide sufficient information to identify the Submitter,
advertising order and nature of the dispute.

The parties will have thirty (30) days after receipt of the notice to
attempt in good faith to resolve the dispute informally.

34. Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN THE
SUBMITTER AND UPINLA ARE RESOLVED.

Except for matters specifically excluded below, any dispute, controversy
or claim arising out of or relating to these Terms, a submission,
advertising purchase, payment, refund, advertisement, promotional service
or the relationship between the Submitter and UpInLA will be resolved by
final and binding arbitration rather than by a lawsuit in court.

Arbitration will be administered by the
American Arbitration Association (“AAA”).

Unless AAA determines that another rule set is required, arbitration will
be conducted under the applicable AAA rules in effect when the
arbitration is filed. If AAA determines that its Consumer Arbitration
Rules apply, those rules will govern.

Federal Arbitration Act

The parties agree that this arbitration agreement involves commerce and
that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs its
interpretation and enforcement to the extent applicable.

Individual Proceedings

To the maximum extent permitted by applicable law, arbitration will
proceed on an individual basis.

Neither the Submitter nor UpInLA may seek to have a dispute resolved as a
class action, collective action or representative proceeding on behalf of
persons who are not parties to the individual dispute, except where
applicable law requires otherwise.

Jury Trial Waiver

By agreeing to binding arbitration, the Submitter and UpInLA understand
that disputes covered by this arbitration provision will generally not be
decided by a judge or jury in court.

Small Claims Exception

Either party may pursue an individual claim in a court of competent small
claims jurisdiction when the claim qualifies and remains an individual
small claims proceeding.

Temporary or Protective Court Relief

Either party may seek temporary or preliminary judicial relief where
permitted by applicable law when reasonably necessary to protect rights
or prevent immediate harm while an arbitrable dispute is pending.

Location and Method

Unless the parties agree otherwise or applicable arbitration rules
require another location, arbitration will be associated with
Los Angeles County, California and may be conducted by documents,
telephone, videoconference or in person as permitted by the applicable
rules.

Arbitration Fees

Arbitration filing, administrative and arbitrator fees will be allocated
according to the applicable AAA rules and applicable law.

Survival

This arbitration agreement survives completion, cancellation, refund,
termination or expiration of an advertising order.

35. California Law

UpInLA operates from California.

Except where applicable federal law controls, these Terms and the
advertising relationship between UpInLA and the Submitter are governed
by the substantive laws of the State of California without regard to
conflict-of-law principles.

The arbitration provision above is additionally governed by the Federal
Arbitration Act to the extent that Act applies.

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

36. Court Proceedings Not Subject to Arbitration

For a dispute or proceeding that is not subject to arbitration under
these Terms and that may lawfully be subject to a contractual venue
provision, the parties agree that the applicable state or federal courts
located in Los Angeles County, California will have jurisdiction.

37. Changes to These Terms

UpInLA may revise these Submitter & Advertising Terms from time to
time.

Unless applicable law requires otherwise, the version accepted in
connection with a particular advertising purchase will govern that
advertising order.

38. Severability

If any provision of these Terms is determined to be invalid, unlawful or
unenforceable, the remaining provisions will remain in effect to the
maximum extent permitted by applicable law.

If an unenforceable provision can lawfully be narrowed or modified so
that it becomes enforceable, it will apply to the maximum extent
permitted by law.

39. No Waiver

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

40. Entire Advertising Agreement

These Terms, together with the service selections, advertising period,
add-ons, pricing, purchase summary and other order details shown to the
Submitter during submission or checkout, and any policies expressly
incorporated into these Terms, constitute the agreement governing the
applicable advertising purchase.

A Submitter’s general use of the UpInLA website is also subject to the
UpInLA User Terms & Conditions and Privacy Policy.

If these Terms conflict with the general User Terms & Conditions on a
matter specifically involving an event submission or paid promotional
service, these Submitter & Advertising Terms control for that matter
to the extent of the conflict.

Statements, estimates, recommendations, expected-performance discussions
or other informal communications do not modify the purchased deliverables
or create a performance guarantee unless expressly incorporated into the
applicable order or confirmed in writing by an authorized UpInLA
representative.

Any purchase order, insertion order, email boilerplate, invoice notation
or other terms supplied by the Submitter do not modify or override these
Terms unless UpInLA expressly agrees to the modification in writing.

41. Survival

Provisions concerning payment obligations, submitted-content rights and
licenses, indemnification, limitations of liability, dispute resolution,
electronic records, intellectual-property matters and any provisions that
by their nature should survive will remain effective after completion,
cancellation, refund, expiration or termination of an order.

42. Contact

Questions, advertising corrections, event-change notices, cancellation
requests, refund requests and dispute notices may be submitted through
the

UpInLA Contact Page
.