Terms and Conditions of Use
Effective Date: October 1, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING CONTRACT.
Welcome to Lovelightfestival.com (the “Site“).
Lovelight Festival, Inc. and/or its subsidiaries, affiliates and/or designees (“Lovelight,” “us,” “we,” “our”) provide website access, features, content and services to you subject to the following Terms and Conditions of Use (the “Terms”). The Terms govern your use of and access to the Site, as well as any of our affiliated websites (together with the Site, the “Sites”) and any services, features and content offered by us on or through the Sites (the “Services”). You may use the Sites and Services only on the condition that you abide by these Terms. Therefore, it is crucial that you read these Terms.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AS MAY UPDATED FROM TIME TO TIME. Any continued use of the Sites and/or the Services by you established that you have read and consent to the Terms (and all other policies set forth on the Sites) without limitation or qualification. If you do not agree to the Terms, such policies, or any modifications thereto, please do not use the Sites. Additionally, as a condition of your use of the Sites, you represent and warrant to us that YOU WILL NOT USE THE SITES, ANY CONTENT ON THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THESE TERMS.
By using the Sites and/or the Services, you are representing that you are 18 years of age or older and are legally competent to enter into, and to be bound by, contracts. If you are under 18, you may use the Sites and/or the Services only with the consent of a parent or legal guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Sites and/or Services.
MODIFICATION OF THE TERMS
We reserve the right to change, update, modify, delete or add to the Terms at any time without advanced notification to you. Any changes to the Terms will be effective immediately upon posting (unless a later effective date is specified), and any continued use by you of the Sites and/or the Services after changes have been posted constitute your acceptance to those changes, updates, modifications, deletions or additions. It is your responsibility to review the Terms and applicable policies periodically for changes.
PRIVACY POLICY
We respect the privacy of our customers. Please read our Privacy Policy, located at Lovelightfestival.com/privacy-policy, to understand our practices so that you may make an informed decision about using the Sites and/or the Services. Any information we may collect through your use of the Sites and/or the Services is subject to our Privacy Policy. Our Privacy Policy, together with the Terms, govern your use of the Sites, and the Privacy Policy is incorporated into the Terms by this reference. By continuing to use the Sites and/or the Services, you agree to be bound by our Privacy Policy. We may revise our Privacy Policy from time to time and any additional or different terms to our Privacy Policy will be effective 30 days after updates have been posted to this Site. Any continued use or access of the Sites and/or the Services after changes to our Privacy Policy have been posted constitutes your agreement to be bound by the revised Privacy Policy. If we make changes to our Privacy Policy that, in our sole discretion, are material, we will notify you via the email address you have provided to us (when applicable), or via a notification on the Site.
INTELLECTUAL PROPERTY
All text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, software and artwork (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Sites and/or the Services is owned or 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 other trademarks not owned by us that appear on the Sites and/or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
YOU MAY NOT copy, use, republish, download, post, publicly display, transmit, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission, unless expressly permitted in the Terms. Nothing on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Sites or on, or through, the Services, without the prior express written permission of the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features designed to protect the Content, is strictly prohibited.
THE SERVICES
The Site provides news and other information for all things Lovelight!
On the Site you may be able to:
Find the latest news and information about the Lovelight Festival (the “Event”);
Create a Lovelight Account;
Register to receive priority access to purchase tickets to the Event;
Watch a live stream of certain performances occurring during the Event (the “Live Stream”);
Purchase tickets to the Event; and
Participate in contests, sweepstakes, surveys, forums and other interactive features.
NEWS AND INFORMATION
While we try to provide you with the most up-to-date and accurate information, we do not guarantee the accuracy, completeness and/or currentness of the information on the Sites (and we explicitly disclaim any responsibility for the accuracy, availability completeness and/or currentness of information and other Content available on the Sites
LIVE STREAM OF LOVELIGHT MUSIC FESTIVAL
During the Event, the Live Stream may be available on the Site via an embedded video player.
Lovelight and/or third parties own and retain all rights to the Live Stream. Subject to your compliance with the Terms, Lovelight hereby grants you a limited, non-exclusive, non-transferable, freely revocable license to access and view the Live Stream ON A STREAMING ONLY BASIS for personal, non-commercial purposes only. You may not use the Live Stream, or any of the text, graphics, logos, music and/or any other audio or visual content, or any portion thereof, for any commercial purpose, whether or not for profit. These restrictions apply to any text, graphics, layout, interface, logos, photos, audio, video, stills and all other content contained in the Live Stream. You are prohibited from creating derivative works or materials that otherwise are derived from or based on the Live Stream, including any mash-up videos, even if the derivative materials are not for profit or other commercial use.
You may not, either directly or through the use of any device, software, Internet site, web service or by any other means, copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Live Stream, or any portion thereof, except you may stream the Live Stream as expressly permitted herein. You may not incorporate the Live Stream or retransmit the Live Stream via any hardware or software application or make it available via frames or in line links unless expressly permitted by Lovelight in writing.
You agree that you will not circumvent, disable or otherwise interfere with security related features of the embeddable player or any other features of the Sites and/or the Services that prevent or restrict use or copying of the Live Stream or other materials and Content contained on the Sites and/or the Services (including without limitation, all audiovisual content). You may not, either directly or indirectly, or through the use of any device, software, Internet site, web based service, or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Live Stream or DRM mechanism, device or other content protection or access control measure associated with the Live Stream.
You understand that you may be exposed to content, materials, and/or images that may be offensive, indecent or objectionable, and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have with respect thereto regarding all materials related to the Live Stream. Without limiting the above, to the fullest extent permitted by applicable law, you hereby release and hold Lovelight harmless from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, the Live Stream.
We do not guarantee the accuracy, quality or availability of the Live Stream. We also do not guarantee the Live Stream or the embedded video player will be free from glitches, errors or other interruptions. You understand that not every performance taking place at the Event will be available to view through the Live Stream, and that Lovelight has sole control over which performances will be available.
INTERACTIVE FEATURES
As part of the Services, we may provide interactive tools such as email services, bulletin boards, discussion forums and tools that enable you to communicate with us or other users of the Site (the “Communication Services”). You are solely responsible for all information, opinions, descriptions, photos, profiles, graphics, videos, tags, messages, comments, texts and all other information and materials that you upload, publish, privately transmit or otherwise share through the Communication Services (the “User Content”), so please do not share or post any private or confidential information or materials or any content that is illegal or otherwise prohibited. We cannot guarantee that other users will not use the ideas or other information you share. We reserve the right, without limiting any other rights or remedies available to us, to edit or remove any User Content from any of the Communication Services at any time and for any reason without your consent or notification. We also reserve the right to terminate or deny access and use of the communication service to any individual for any reason. We also reserve the right to terminate or deny access and use of the communication service to any individual for any reason.
You represent and warrant that your User Content is not as determined by Lovelight in Lovelight’s sole discretion:
Illegal, offensive, defamatory, libelous, inflammatory, malicious, harmful, harassing, threatening, hateful, abusive, intimidating, threatening or offensive in a racial, cultural, ethnic or sexual manner;
Sexually explicit, vulgar, or pornographic;
Advocating or inciting any illegal or violent activity;
False, inaccurate or misleading, or containing links to websites;
Infringing or otherwise violating the rights of any third-party, including, without limitation, any third-party’s copyright, patent, trademark, trade secret, rights of publicity, or rights of privacy;
Violating any other laws or regulations;
The private information of any third -parties; or information that infringes on or invades the privacy of any third-parties;
a virus, trojan horse or other harmful code or program that may damage the operations of any system or unlawfully intercept data or personal information;
Impersonating another person or entity or falsely claiming an affiliation with any person or entity;
Advertising, soliciting or attempting to sell any products or services or attempting to use the Communication Services for any commercial purpose or make available any unsolicited or unauthorized advertising or promotional materials; and
Collecting, attempting to collect or store any personal information of others
By submitting User Content through any of the Communication Services, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, freely transferrable, sublicensable, worldwide license to use, copy, sell, distribute, publicly display, publicly perform, print, publish, republish, create derivative works of, reformat, translate, modify, revise and incorporate into other works your User Content for any purpose without compensation to you. This license also grants Lovelight the right to sublicense your User Content to other users to permit their use of your content in a permissible manner.
Lovelight is not liable for the contents of any User Content made available through the Communication Services and has no responsibility to monitor or evaluate the User Content. You understand that by visiting the Sites or using the Services, you may be exposed to content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Lovelight be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of the Sites or the Services.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Sites or Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Lovelight, including to enforce the Terms. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
We do not intend to create or imply any endorsement of any of the User Content nor do we verify or vouch for such content.
SWEEPSTAKES, CONTESTS, SURVEYS
From time to time, contests, sweepstakes and surveys (individually a “Game”) may be available on the Site. We may use a third-party service to manage and execute all Games. If you choose to participate in a Game, your participation will be subject to the Official Rules and Regulations applicable to that particular Game, which will be posted once that Game becomes available (the, “Rules”), these Terms, our Privacy Policy Lovelightfestival.com/privacy-policy and the terms and conditions, privacy policy and any other conditions of the third-party service that we use to manage and execute the Game. Therefore, we suggest you read and understand their terms of use and privacy policy before participating in any Game.
TICKETING WEBSITE URL
You may purchase tickets to Lovelight Festival at Lovelighfestival.com/tickets once they go on sale, subject to availability. We use a third-party ticketing company to manage and execute all ticket orders and customer service. Please review their Purchase Policy at Lovelightfestival.com/ticketing-terms-conditions and Lovelightfestival.com/terms-of-use. The Terms as well as the terms of use and any other policies listed on their website, will govern your purchase of any tickets. You agree to pay all charges incurred by you or any users of your account, including, but not limited to, any and all applicable taxes, and you agree to only use payment methods that belong to you or others that have expressly authorized you to use such payment method. Lovelight is not responsible or liable for any issues or other claims that you may have related to purchasing tickets.
We use a third-party service to facilitate and process payment transactions. Please review such third-party’s terms and conditions and privacy policy before entering into any transaction at Brightstar Event Terms. We are not liable or responsible for such third-party transactions.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ATTEND THE EVENT or BE ACCOMANIED BY A LEGAL GUARDIAN. BY PURCHASING TICKETS, YOU REPRESENT AND WARRANT TO US THAT YOU ARE, OR WILL, BE 18 YEARS OF AGE OR OLDER BY THE DATE OF THE EVENT. YOU UNDERSTAND THAT NO REFUNDS WILL BE GIVEN IF YOU ARE NOT ALLOWED ENTRY TO THE EVENT FOR BEING UNDER THE AGE OF 18.
WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS
Lovelight reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Sites and/or the Services, in its sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Sites and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend or terminate your access to the Sites and/or the Services, including the deletion of your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Sites and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms, including blocking IP addresses.
INTERNET ACCESS
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Sites and/or the Services, or any portion thereof.
CUSTOMER COMMUNICATIONS
When you visit the Sites, use the Services or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Sites or any of our affiliated websites are non-confidential.
Any comments and feedback can be sent to info@lovelightfestival.com.
All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Sites and/or the Services, such as your suggestions regarding improvements that we make to the Sites and/or the Services (collectively, “Comments”), will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, 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 rights, 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 to: (i) maintain any Comments in confidence; (ii) pay to you, or any third-party, any compensation for any Comments; or (iii) 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 post, 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. We reserve the right to use any Comments.
ACCOUNTS
To use certain features of the Sites and/or the Services, you may be directed to register and/or to create a user profile or account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. We will take commercially reasonable security precautions to ensure information you provide to us is safe, but no measures are completely secure. Therefore, we cannot guarantee the security of any information you provide to us on or through the Sites and/or the Services at any time.
As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Lovelight for purposes of creating an Account or otherwise registering (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of the Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
In registering and/or creating an Account, YOU SHALL NOT: (a) select or use the email address or user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an email address or user name that is profane, offensive or otherwise inappropriate; or (d) allow any other party to use your Account and/or password except as set forth herein.
YOU MAY NOT SHARE OR TRANSFER YOUR ACCOUNT. You may not disclose your password to anyone. You agree to immediately notify Lovelight by sending an email to info@lovelightfestival.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Lovelight is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion at any time, for any reason, without notice. For example, if we have reasonable grounds to suspect your Account Information is fraudulent or inaccurate, we may suspend or terminate your account and refuse any and all current or future use of the Sites and/or Services.
Lovelight will not be liable for any damages or loss resulting from the removal of any User Content from the Sites and/or the Services. You may cancel your Account at any time and cancellation will take effect immediately. Lovelight reserves the right to temporarily or permanently restrict or block access to the Sites and/or the Services to any users who have had their Accounts cancelled.
You acknowledge and agree that all of the Registration Information will be subject to and governed by our Privacy Policy (Lovelightfestival.com) and the privacy policies and terms of use of any third-party service providers we use in connection with the Sites and/or the Services.
LIMITED LICENSE TO USE THE SITES AND THE SERVICES
Subject to these Terms, you are granted a limited, non-sub licensable right to use and access the Sites and the Services and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third-party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Sites and Services or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Sites and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Sites and the Services (including the images found on the Sites or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Sites and Services remain the sole property of Lovelight.
Any unauthorized use of the Sites and/or the Services terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Lovelight, the Sites, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter or does not otherwise create an implication of endorsement by us. You may not use Lovelight’s name, likeness, logo(s) or other proprietary graphic(s) or trademark(s) as part of the link without express written permission. If you place a link to the Site(s) on a third-party website, you must adhere to Lovelight’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 Lovelight 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 Lovelight; (iii) when selected by a user, the link must display the Site(s) on full-screen and not within a frame on the linking site; and (iv) Lovelight reserves the right to revoke its consent to the link at any time and in its sole discretion.
THIRD-PARTY CONTENT AND SERVICES
The Site also advertises, offers, or makes available information, content products and/or services provided by third parties. Certain features of the Sites and/or the Services are operated by third parties on our behalf (“Third-Party Services”). When purchasing or using a product or service that is offered by or operated by a third-party, you shall be subject to any terms of use, policies or other agreements of the third-party offering or operating such Third-Party Services, as well as the Terms. Third-Party Services are provided solely for your convenience and Lovelight makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Services. By making Third-Party Services available on or through the Sites, we are not implying endorsement or responsibility for such Third-Party Services.
HYPERLINKS
Our Sites may contain links to other websites that are not maintained or controlled by us (each a “Linked Site”). You acknowledge and agree that we are not responsible for the availability of any external services, products or materials offered on Linked Sites. Such Linked Sites are not monitored or checked for accuracy or availability. We are not responsible for the content posted on any Linked Site accessed through the Sites or any third-party applications or software made available through a Linked Site. Including a Linked Site on the Sites does not imply endorsement thereof by Lovelight. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any materials on or available from such services and websites. You are responsible for viewing and abiding by the terms of use and privacy policies of any Linked Sites posted on their websites.
ADA COMPLIANCE
Lovelight strives to maintain an ADA compliant website and is committed to providing an online environment that is accessible to all visitors. We recognize that accessibility and usability are not always possible in every area of the Site or for those using screen readers or other devices to assist viewing of the Site. Lovelight along with its third-party partners, have conducted, and continue to conduct ongoing accessibility reviews and tests of the Site. We have remediated and continue to remediate any issues identified during such reviews and tests. Please be aware that our efforts are ongoing as we incorporate any improvements we feel necessary to meet the changing laws, regulations and guidelines set forth by any regulating authorities.
If you have specific questions or concerns about the accessibility of the Site or need any assistance with the Site please contact us at info@lovelightfestival.com. If you have found an inaccessible area on the Site, please be sure to specify the specific page and provide us with any other information you may think will help us locate the area. We will make all reasonable efforts to make that page accessible to you. If such page cannot be made accessible with any available tools, we will work to make a text version available to you. If you have a need for a specific electronic format, please contact us at info@Lovelightfestival.co. Please provide the format that you require the content to be in, the web page address of the material, and your contact information. We welcome your questions about this accessibility policy and your comments on how to improve the Site’s accessibility.
ELIGIBILITY
The Sites and Services are operated from the United States. We do not represent or warrant that the Sites and/or the Services (or any part thereof) are appropriate or available for use in any particular country other than the United States. In choosing to access the Sites and/or the Services you do so at your own risk, and are responsible for complying with all local laws, rules and regulations.
IF YOU ARE A USER ACCESSING THE SITES AND/OR THE SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITES AND/OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government’s lists of prohibited and restricted parties.
DISCLAIMER OF WARRANTIES
THE SITES AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LOVELIGHT MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND/OR THE SERVICES IS AT YOUR SOLE RISK. LOVELIGHT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES, AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE SITES AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITES AND/OR THE SERVICES.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Lovelight or any of its subsidiaries, sponsors or affiliates, together with its 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: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Sites or Services, your use of the Sites and/or the Services available on our Sites or Services, even if Lovelight and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites and/or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Sites or Services, the software, unauthorized access to or alternation or your transmissions of data, statements or conduct of any third-party on the site, any other matter relating to the Sites or the Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
LOVELIGHT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE STATED, YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITES AND/OR THE SERVICES.
INDEMNIFICATION
You agree to defend, indemnify and hold Lovelight, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Sites and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Sites and/or Services.
DISPUTE RESOLUTION PROCEDURE; GOVERNING LAW
You and Lovelight agree that any disputes arising from or relating to the Site or the Services, or any relationship or dispute between you and Lovelight or you and any company or person employed by or which is affiliated with Lovelight, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Maryland Arbitration code to the maximum extent permitted by applicable law. BY USING THIS SITE, YOU AGREE TO GIVE UP YOUR RESPECTIVE RIGHT TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the AAA office located in Miami, Maryland. Any proceeding to enforce this arbitration agreement must be brought in the state court or, if jurisdiction permits, in the U.S. District Court in the Southern District of Maryland or in any Maryland court of competent jurisdiction with venue lying in Howard County, to the exclusion of all other forums. This contract shall be governed and construed in accordance with the laws of Maryland, excluding Maryland’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Maryland, excluding Maryland’s choice-of-law principles.
GENERAL
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lovelight as a result of the Terms or your use of the Sites or the Services.
Assignment. Lovelight 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 Lovelight’s express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall 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.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. 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.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: info@lovelightfestival.com, unless otherwise specified herein.
Equitable Remedies. You hereby agree that Lovelight would be irreparably damaged if the Terms herein 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.
All questions and concerns regarding the Terms should be directed to info@lovelightfestival.com.
Ticketing Terms and Conditions
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME THE ALLOCATION OF RISK TO YOU AS SET FORTH HEREUNDER, DO NOT PURCHASE A TICKET AND/OR ENTER THE EVENT.
Future Changes to Terms and Conditions. Bearer and/or Purchaser acknowledge and agree LOVELIGHT FESTIVAL, INC., (“Event Organizer”) may modify, add, remove, supplement, amend, update or revise any of these terms and conditions, without advanced notification to Bearer or Purchaser (collectively, “Revise” or “Revision(s)”) by posting such Revisions on Event Organizer’s website, Lovelightfestival.com (the “Site”), which Revisions shall become effective immediately and, at Event Organizer’s option, relate back to the date of purchase. For the purpose of this Agreement, “Bearer” shall mean the individual who will be presenting a valid ticket at the entrance gates for entry into the Venue, and “Purchaser” shall mean the individual who will be purchasing a valid Ticket for the Event.
Data Collection.
Upon accessing and using the Site, Purchaser and Bearer acknowledge and agree that Event Organizer may automatically collect, store and use Purchaser and/or Bearer’s information, including but not limited to, IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used (i.e., cell phones, laptops, tablets, among others), search terms and cookie information (collectively, the “Derivative Data”) to help Event Organizer diagnose problems and improve the Site for user experience. In order to purchase a Ticket(s), Purchaser acknowledges and agrees that Purchaser may be required to provide personal information such as, but not limited to, name, email address, mailing address, zip code, telephone number, date of birth, financial information, age verification and/or country of residence (collectively, the “Personal Information”). Purchaser acknowledges and agrees that Event Organizer may collect, store and use the Personal Information for legitimate business purposes, such as, but not limited to, processing Purchaser’s payment, fulfilling Purchaser’s order, updating Purchaser with its order status, shipping and tracking information, responding to customer service requests, providing updated information to Purchaser respecting the Event, among others. If Purchaser or Bearer does not agree with these terms and conditions, do not purchase a ticket and exit the Site.
License.
The purchase of a valid ticket (“Ticket(s)”) by the Purchaser and the presentation of a valid ticket by the Bearer constitutes Purchaser and/or Bearer’s revocable license to enter the Lovelight Yoga and Arts Festival 2020 event (the “Event”) and to access the Fields at Waterloo (the “Venue”) subject to the terms and conditions set forth herein (the “License”). Event Organizer may revoke this License at any time without additional notification or compensation to Purchaser and Bearer, including denying Bearer access to the Venue.
Minimum Age.
As a condition to gain access to the Venue and attend the Event, Bearer represents and warrants that Bearer is 18 years of age or older on the date and time listed on the front of the Ticket or is in the care of a legal guardian. A valid government issued photo identification of Bearer (“ID”) WILL be required at the Event gates in order to gain entry into the Venue. Bearer of Ticket(s) represents and warrants that the information provided on the ID presented by them is valid, true, and correct. Event Organizer reserves the right, without the obligation to refund any portion of the Ticket purchase price, to refuse entry to the Venue to any person who is not at least 18 years of age on the date listed on the Ticket or who is not with a legal guardian. Additionally, as a condition to gain access to the Venue and attend the Event, Bearer of this Ticket hereby affirmatively, knowingly and voluntarily consents to Event Organizer swiping Bearer’s ID at the Event gates to verify, collect, store and use such personal information for any lawful purpose (collectively “Swipe”) including Bearer’s photo, legal name, date of birth, sex, address of record, telephone number and any other personal information obtained on Bearer’s ID.
Fees.
Purchaser acknowledges and agrees that upon the purchase of a Ticket(s), Purchaser shall be obligated to pay the face value of the Ticket(s) in addition to, a facility fee, service charges, shipping and handling charges, and taxes which shall be collected by Event Organizer to offset the costs and expenses arising from, and/or relating to, the processing of the Ticket order, the Event and/or the Venue. By proceeding to purchase a ticket pursuant to the foregoing terms and conditions, Purchaser is expressly agreeing to waive any and all potential rights, claims or entitlements Purchaser may have respecting the above referenced fees. Purchaser further acknowledges and agrees, in conformity therewith that, in no event shall Purchaser commence a chargeback dispute with Purchaser’s credit or debit card relative to the Ticket price, associated fees or services purchased hereunder, or regarding any amounts forfeited hereunder or similar charge reversal. If Purchaser does not agree with these terms and conditions, do not purchase a ticket.
Refund Policy.
Bearer’s Ticket is not redeemable for cash. Once Venue gates open, the Event, on that particular date, shall be deemed to have been delivered in its entirety and not subject to any refunds. Upon Event cancellation by Event Organizer, Event Organizer may, in its sole and absolute discretion, elect to either issue a full or partial refund to Purchaser, not issue any refunds, or reschedule the Event. Upon the cancellation of the entire Event, including, but not limited to events not within Event Organizer’s control, governmental acts, acts of God, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), or inaccessibility or unavailability of the Venue, Event Organizer may, in its sole and absolute discretion elect to either, (a) issue Purchaser a full or partial refund, (b) postpone the Event for a future date and/or (c) offer Purchaser a comparable “make good.” Delayed Venue gate openings and/or Bearer’s inability to access any parts of the Venue or Event due to Federal, state, municipal or other code regulations, Event Organizer’s policy(ies), emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall not entitle Purchaser (or Bearer as holder of the ticket) to refunds or future credits. Under no circumstances shall Purchaser (or Bearer as holder of the ticket) be entitled to any type of refund or exchange due to weather or governmental acts. If Event Organizer elects to issue a refund, which is in Event Organizer’s sole and absolute discretion, the Purchaser shall be refunded an amount up to the face value of the Ticket(s) only. If Event Organizer elects to reschedule the Event for a future date, Purchaser shall not be entitled to a refund. Under no circumstances shall Purchaser be entitled to a refund of any shipping, handling or other processing and service fees. At all times prior to the Event, Event Organizer reserves all rights to cancel or postpone the Event or to change the Venue, artist lineup, times and dates of the Event, or other Event details without prior notice to Purchaser or Bearer. Event Organizer shall not be responsible for any exchange rate losses to Purchaser during the order or refund process. ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. This Event is “Rain or Shine” and is “Standing Room Only.”
Assumption of Risk; Mitigation.
a. Event Organizer assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Purchaser and/or Bearer’s Tickets, Bearer assumes 100% risk of loss relating to the Tickets. If Bearer and/or Purchaser obtain Ticket(s) from any unauthorized source(s), Bearer and/or Purchaser assumes all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit, and in all cases, such Ticket(s) shall be voidable and dishonored by Event Organizer in its sole and absolute discretion. The unlawful or prohibited resale or attempted resale of tickets is grounds for seizure of all or some of Bearer and/or Purchaser’s Tickets and cancellation of this License without compensation to Bearer and/or Purchaser. Event Organizer may, in its sole and absolute discretion, cancel or relocate seating on an order for accessible seating that Event Organizer believes to be fraudulent. This Ticket may not be used for advertising, promotion (including, but not limited to, contests, sweepstakes, games and/or any other promotions), or other trade purposes without the express written consent of Event Organizer. Event Organizer also reserves the right to investigate orders suspected to be in violation of these Ticketing Terms and Conditions and shall be the sole and final arbiter regarding violations or potential violations hereunder.
b. Bearer hereby assumes any and all risks, whether or not expressly set forth herein, as well as any risks or dangers incidental to, or in any way relating to the Event, the purchase of tickets hereunder or use of the Site, including those arising from, or relating to, the acts or omissions of third parties (including Artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Bearer’s personal property and risks of personal injury. Event Organizer and its respective Indemnitees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or at Venue access/entry points, and (ii) for personal injuries sustained by Bearer arising from, or relating to, the following non-exhaustive list: extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks, whether such injuries or manifestation of such injuries occur during or subsequent to the Event.
c. Bearer and Purchaser further acknowledge and agree that Event Organizer shall have no legal obligation to mitigate any of its potential or actual losses sustained hereunder.
Disclaimer of Warranty. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EVENT ORGANIZER GRANTS THIS LICENSE TO ENTER THE VENUE ON AN “AS IS” BASIS AND GRANTS THIS LICENSE TO PURCHASE TICKETS ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE AVAILABILITY OF TICKETS, THE PURCHASE OF TICKETS, THE EVENT, THE VENUE, OR THE ARTISTS.
Indemnification. Bearer and Purchaser shall defend, covenant not to sue, indemnify, and hold harmless and forever release, Event Organizer (LOVELIGHT FESTIVAL, INC.), Brightstar Events, LLC, sponsors, participants and artists, the City of Hackettstown, State Park Management, the U.S. Park Service and each of the above respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, authorized agents, predecessors, assigns, successors, licensees and designees (collectively “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, costs and/or claims relating in any way to the Event, the purchase of tickets hereunder or use of the Site.
Event Organizer’s Ownership of Work.
Bearer and Purchaser acknowledge and agree that (i) upon acceptance of the Terms and Conditions set forth herein and purchase of a Ticket(s) and (ii) upon entry to the Event, Event Organizer or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Bearer’s name, image, portrait, photograph, voice and/or other likeness, without compensation or notification to, or additional consent by Bearer. Bearer further acknowledges and agrees that Event Organizer or its designee(s), successor(s) or assign(s) shall be the sole and exclusive owner of any such work in connection with the Venue or Event that contains Bearer’s image, voice and/or likeness.
Bearer’s Conduct.
Event Organizer and the Venue maintain a zero-tolerance policy regarding illegal or illicit drug use at the Event. Bearer, in order to gain entry into the Venue, hereby affirmatively, knowingly, intelligently and voluntarily consents to be searched by Event Organizer for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Bearer’s presence at the Event or Venue. Event Organizer and the Venue maintain a zero-tolerance policy regarding lewd and lascivious behavior or conduct, including but not limited to, disorderly or violent behavior or vulgar or violent language. Bearer hereby acknowledges and agrees that the discovery of any prohibited items or such lewd and lascivious behavior shall constitute a violation of Event Organizer’s policies and terms and conditions and shall correspondingly give Event Organizer the right to confiscate any such prohibited item(s) and/or correspondingly give Event Organizer the right to immediately revoke Bearer’s License to access the Venue, and to deny Bearer any future entry to the Event or Venue without any legal or financial liability to Event Organizer.
Disputes.
Bearer and Purchaser acknowledge and agree that any disputes arising from, or relating to Purchaser’s purchase of Tickets hereunder or any relationship or dispute between Bearer and Event Organizer, Purchaser and Event Organizer, Bearer and any company or person employed by or which is affiliated with Event Organizer, or Purchaser and any company or person employed by or which is affiliated with Event Organizer (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Maryland Arbitration code. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and acknowledge and agree that such Dispute(s) will be determined by a NEUTRAL ARBITRATOR; NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action if applicable). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the AAA office located in Howard County, MD. Any proceeding to enforce this arbitration agreement must be brought in the state court of Maryland or, if jurisdiction permits, in the U.S. District Court in the state of Maryland with venue lying in Howard County.
Governing Law; Venue.
This Agreement and all claims relating to, or arising out of this Agreement or the breach thereof, shall be governed and construed in accordance with the laws of the state of Maryland, notwithstanding any contrary choice-of-law principles.
Assignment; Entire Agreement.
Event Organizer shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties hereunder without notification to, or consent by, Bearer and Purchaser. Bearer and Purchaser acknowledge and agree that the terms and conditions set forth herein, as supplemented by the terms and conditions on the Site, including the Payment Plan Terms and Conditions and prohibited items list, as amended from time to time by Event Organizer with or without notification to Bearer and Purchaser, and those additional policies published at the Venue, represent the entire agreement between Bearer, Purchaser and the Event Organizer with respect to the subject matter of this Agreement.
Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the unenforceable provision shall not affect the otherwise valid terms or provisions or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth herein.
June 26-28, 2020
The Fields at Waterloo
Hackettstown, NJ
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Festival Rules and Regulations--Vendors
