Effective Date July 12, 2017
2. YOUR ACCEPTANCE OF THESE TERMS
3. WE MAY MODIFY THESE TERMS
From time to time, we may change, update, delete, or add to these Terms. Any changes to these Terms will be effective immediately upon posting. Any continued access and/or use by you of the Site after changes have been posted constitutes your acceptance to those changes. It is your responsibility to review these Terms and other applicable policies periodically for changes.
5. INTELLECTUAL PROPERTY
All content and materials on the Site, including without limitation all text, designs, graphics, logos, page headers, button icons, scripts, information, blog posts, opinions, service names, service marks, domain names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, applications, software and artwork (collectively, “Content”), and including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, contained on the Site is owned by us, controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All intellectual property not owned by us that appears on the Site is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Vital and the respective intellectual property owners retains ownership of all right, title and interest in the Site and all Content.
You are granted a limited, revocable, non-assignable, right to access the Site, including the Content, or any portion thereof, only for personal, informational, non-commercial uses, on a non-downloadable basis.
YOU MAY NOT copy, republish, download, upload, post, publically display, transmit, stream, encode, translate, reproduce, create derivative works of, sell, modify, exploit, or distribute in any way, the Site, the Content (or any portion thereof), in any manner without our (or the applicable Content owner’s) prior express written permission. Nothing on the Site should be construed as granting, by implication, or otherwise, any license or right to use the Site or any Content displayed on or available through the Site, except as expressly provided herein without the prior written permission of Vital and/or the Content owner. Nothing in these terms should be construed as granting you any ownership rights in the Site, the Content or any portion thereof. Any unauthorized attempt to use, copy or modify the Content, or to circumvent or defeat any of the security features design to protect the Content, is strictly prohibited, and we enforce our intellectual property rights to the fullest extent permitted by law.
6. MERCH STORE AND TICKET PURCHASES
You represent that you are 18 years of age or older and are legally capable of entering into contracts. You agree to immediately pay for any and all products and services you purchase on or through the Site. Payment may be required before said products or services are delivered or made available for delivery to you. If you are under the age of 18, you must get permission from a parent or guardian in order to use the Site and make purchases through the Site, and your parent or guardian must agree to these Terms.
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error. All prices are displayed in United States Dollars unless expressly indicated otherwise. All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value (if possible).
We reserve the right to adjust pricing for our products and service in any manner and at any time as we may determine in our sole and absolute discretion.
7. TICKETING TERMS AND CONDITIONS
Cancellations and Refunds
ALL SALES AND PURCHASES ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE OR REDEEMABLE FOR CASH. NO REFUNDS OR EXCHANGES WILL BE ALLOWED.
Before purchasing tickets, carefully review your event and your selections. All shows are rain or shine, and event times are subject to change. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Occasionally shows are canceled, rescheduled or postponed due to weather or other reasons. Should any show be cancelled, rescheduled or postponed, we will attempt to contact you to inform you of the refund or exchange procedures and policies for that show.
If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket’s face value paid (or, if a discounted ticket, then instead the discounted ticket price paid), all service fees. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
If you are purchasing tickets to a festival event, please note that your purchase of a ticket to such festival event is not for a specific artist or aspect of the festival. Artists, schedules, production elements vendors and all other aspects of the festival event are subject to change for any or no reason without notice and without grounds for a refund. Opening acts for all other shows are also subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or canceled.
Attending an Event-Publicity Release and Search
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and our partners, affiliates and contractors to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. You agree to comply with the rules of any venue where a show is taking place, including without limitation restrictions on items that may be brought into the premises.
8. AMBASSADOR PROGRAMS AND STREET TEAM SIGN UP
If you wish to join either our Ambassador Program or our Street Team, you acknowledge and agree that in addition to these Terms, as a condition of joining the Ambassador Program and/or Street Team, you will be subject to additional terms and conditions. These additional terms and conditions can be found at the bottom of the “sign up” page or by clicking [http://www.vital.events/privacy-policy/].
9. UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to us that you will not use the Site for any purpose that is unlawful, immoral or prohibited by these Terms.
You may not use any data mining/ data extraction tools in connection with the Site. You agree that you will not: (a) obtain or attempt to obtain any information from Site including, without limitation, email information of other users or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, Trojan-horse routing, trap door, time bomb or any other codes, instructions or other software that is designed to provide a means of surreptitious or unauthorized access to, or to distort, delete, damage or disassemble, the Site. Any tool or method used to acquire, copy or monitor any portion of the Site, including the Content, or in any way reproduce or circumvent the Site or Content, or any portion thereof, or to obtain or attempt to obtain any materials, documents or information through any means is strictly prohibited. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You not may to attempt to override, disable, circumvent or otherwise interfere with any security components and usage rules embedded in the Site.
Furthermore, you may not use the Site, or any Content on the Site, to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding Vital and/or the Site or your affiliation with Vital and/or any Content owner, or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
10. MAILING LIST
By signing up for our mailing list, you opt in to receiving information and news, occasional special offer, marketing and communication emails. You may unsubscribe from these emails by following the opt-out instructions in these emails.
11. WEBSITE ACCESS
Vital reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) all or any portion of the Site, in its sole discretion, at any time with or without notice. We may interrupt the operation of the Site, or any portion thereof, as necessary to perform maintenance, error correction or other changes. In addition, we may impose limits on any portion of the Site or restrict your access to portions of or the entire Site in our sole discretion without notice or liability.
You understand that if you violate any of these Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Site and to use any technological, legal, operational or other means available to use to enforce the provisions of these Terms, including blocking IP addresses. Vital will not be liable to you or to any third party for termination of your access to the Site.
12. HYPERLINKS TO THE PLATFORM
If you place a link to the Site on a third party website, you must adhere to Vital’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Vital and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Vital, and (iii) Vital reserves the right to revoke its consent to the link at any time and in its sole discretion.
13. THIRD PARTY CONTENT AND SERVICES
14. LINKS TO OTHER SITES
The Site may contain links to third-party websites, applications and/or services (“Linked Sites”). Such Linked Sites are offered as an accommodation to you. Vital is not responsible or liable whatsoever for the accessibility or accuracy of Linked Sites, or for the products, services, or content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such Linked Sites. The presence of links to Linked Sites does not imply any endorsement by Vital of such Linked Sites, or the products, services or content available on or from such Linked Sites. You acknowledge sole responsibility for and assume all risk arising from your use of any Linked Sites.
15. LIMITATION OF LIABILITY; DISCLAIMERS
In no event shall Vital or any of its subsidiaries, or affiliates, together with their respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including without limitation: (a) lost revenues or profits, (b) loss of business or loss of data, or (c) loss or damage to any computer, mobile phone or other device that is in any way related to the Site, the Content of the Site (including website linked to the Site and the content, goods and/or services provided thereon), or your use of or access to the Site, including without limitation loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site, any decisions made or actions taken by you in reliance upon the information within or content of the Site. We shall not be liable for your inability to use or access the Site, or any Content or other materials contained therein, for any computer virus relayed through the Site, for any delay or malfunction of the Site, or for any other claim arising out of your use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Vital has been advised of the possibility of such damages.
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES CONTAINED ON OR AVAILABLE THROUGH THE SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO, ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE, THE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL INFORMATION CONTAINED WITHIN THE SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. VITAL DOES NOT PROMISE THAT THE SITE, OR ANY PORTION THEREOF, WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. VITAL DOES NOT ENSURE THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTUVE FEATURES. VITAL MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETELNESS OR TIMELINESS OF THE CONTENT ON THE SITE OR ANY LINKED SITES. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE, LINKED SITES OR THE INTERNET. YOU ASSUME TOTAL RESPONDIBLITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VITAL FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
No communications of any kind between you and us or our representatives shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Vital’s liability is limited to the greatest extent allowable under applicable law.
You agree to indemnify, defend and hold harmless Vital, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees and costs) arising from or in connection with: (i) your use of the Site; or (ii) any violation by you of these Term or your violation of any law, regulation or third-party right. You agree that your representations and warranties, and your obligation to indemnify Vital, shall survive beyond any term that these Term are in effect.
17. GOVERNING LAW
These Terms are governed by, and will be construed under, the laws of the United States of America and specifically by the laws of the state of California.
18. DISPUTE RESOLUTION
Subject to the below, any dispute, claim or controversy arising out of or relating in any way to the Site shall be determined by mandatory binding arbitration. You and Vital are each waiving your right to a trial by jury and the right to participate in a class or multiparty action.
Any claims seeking to enforce, protect or determine the validity or ownership of any intellectual property rights and any claims related to allegations of theft, piracy or unauthorized use of the Site are NOT subject to mandatory arbitration. At Vital’s option, these claims may be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and you agree to submit to personal jurisdiction and venue of such courts.
Any arbitration must be commence by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within the one (1) year time period.
19. CUSTOMER SERVICE AND COMMUNICATIONS
When you visit and/or use the Site or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Vital satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from Vital and wish to opt out, you may send an e-mail to us at email@example.com or follow the opt-out procedures set forth in such marketing e-mails.
If you have any questions or comments concerning the Site or any of the policies set forth in these Terms, please contact us at firstname.lastname@example.org. We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Site are non-confidential.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Sites, such as your suggestions regarding improvements that we make to the Site (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (a) to maintain any Comments in confidence; (b) to pay to you or any third party any compensation for any Comments; or (c) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
20. DMCA TAKE DOWN PROCEDURE
It is our policy to block or remove any materials on the Site, and/or made available on or through the Site that we believe in good faith infringes the intellectual property rights of others.
If you are a copyright owner who believes that your rights have been violated by any materials, content or information on or made available through the Site, please send a notice containing the following information to the Designated Agent listed below:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work 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 on the Site.
(iii) 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 Vital to locate the material.
(iv) Information reasonably sufficient to permit Vital to contact the you, such as an address, telephone number, and, if available, an electronic mail address at which the you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification, we will remove or disable access to the infringing material and notify the content provider that it has removed or disabled access to the material.
If the content provider believes in good faith that the material that was removed is either not infringing, or that it has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:
(i) A physical or electronic signature of the content provider;
(ii) Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
(iii) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
(iv) The content provider’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Vital is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
It is our policy to terminate repeat infringement offender’s access to the Site, and we reserve the right to do so.
Please contact our Designated Agent at the following address:
3237 Buchanan St.
San Francisco, CA 94123
or email email@example.com
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vital as a result of the Terms or your use of the Site. We may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without our prior written consent, and any unauthorized assignment by you shall be null and void. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Any offer for the Site, or any portion thereof, if void where prohibited. Access to and use of the Site is subject to all applicable laws and regulations. To the extent that access, or use of the Site would be deemed illegal by governing law, such access or use is prohibited. You hereby agree that we would be irreparably damaged if the terms of the Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws. These Terms constitute the entire agreement between the parties and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Copyright 2017, Vital Events, LLC. All rights reserved.