TERMS OF SERVICE
- 1. YOUR ATTENDANCE AT ANY ENTERTAINMENT EVENT PROMOTED BY, MANAGED BY, OR IN ANY WAY CONNECTED WITH EUPHORIA (“ENTERTAINMENT EVENT”)
2. YOUR PURCHASE OF ENTERTAINMENT EVENT TICKETS, GOODS, SERVICES, AND YOUR SUBMISSIONS TO EUPHORIA AND ITS AFFILIATES (“TRANSACTIONS”)
3. THE USE OF THIS WEBSITE AND OTHER WEBSITES OR ONLINE PROFILES CONTROLLED BY EUPHORIA (THE “WEBSITES”)
REPRESENTATIONS IN GENERAL
You represent and acknowledge that as part of the consideration for Your Participation with Euphoria, the sufficiency of which is acknowledged, and as a material and necessary condition of Euphoria’s offer to allow Your Participation in general, and specifically in consideration for Your access and use of the Websites beyond the home page, and Your Participation at any Entertainment Event, You agree:
- Your Participation is voluntary;
- The TOU is an enforceable agreement between You and Euphoria;
- Your Participation confirms Your agreement to be bound by the TOU;
- You will comply with and be bound by the TOU in all of your Participation;
- Your Participation will comply with all federal, state and local laws;
- You will only submit accurate, true, and complete information to Euphoria;
- You will not illegally copy or distribute Euphoria Music Festival's Intellectual Property; and
- You are at least 18 years old.
ENTERTAINMENT EVENT TICKETS: CANCELLATIONS AND REFUNDS
ALL SALES ARE FINAL. EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL, THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THE ENTERTAINMENT EVENT IS A RAIN OR SHINE EVENT.
Tickets to any Entertainment Event are revocable licenses for an event to be held on the date and time listed on the tickets, and are not tickets to any specific performer, guest, or venue. You may be refused entry to any Entertainment Event, without refund, for any reason whatsoever, including but not limited to: disruptive behavior, posing a risk or threat to the health or safety of others, intoxication, venue capacity, security issues, or any other reason within the sole, absolute, and final discretion of Euphoria and its officers, managers, agents, security, event staff, or by the venue owners, its officers, managers, agents, security, and event staff.
You are aware that the venue, performers, guests and amenities are subject to change. You are aware that advertised amenities, including but not limited to: VIP amenities, drink specials, gifts, express entry, special event areas, performers, guests or any other specific feature are not guaranteed, and failure to provide such things as advertised shall not be grounds for a refund. If any Entertainment Event is cancelled, You may be issued a comparable ticket to an event to be held within 6 months of the cancelled event date instead of receiving a cash refund, in Euphoria’s sole discretion. Otherwise Euphoria may, but is under no obligation to, offer You a cash refund of the purchase price of the Entertainment Event ticket (less any transaction fees that Euphoria may incur in receiving Your payments and refunding Your payments), via any means of contact You have provided, whether email, mailing address, telephone, fax, or any other means that You have provided, in Euphoria’s sole discretion. Unless Entertainment Event is cancelled and Euphoria elects to issue a refund, there shall not be any refund of any kind, nor cancellations, transfers, exchanges, or credits after an Entertainment Event ticket has been purchased. No other circumstances or conditions, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, that are outside the control of Euphoria shall be grounds for a refund, including but not limited to weather conditions, natural disasters, war, terrorist or other security threat, traffic conditions, waiting in lines, family or medical emergencies, or any other similar reasons.
You are prohibited from Participation or attempting to engage in Participation that is in any way:
- Destructive to persons or property;
- Disruptive or interfering with the operation or use of the Websites;
- Unlawful, harmful, interfering with Euphoria’s services, communications, or operations;
- Attempting to gain unauthorized access to the Websites or Euphoria’s networks;
- Attempting to gain unauthorized access to information belonging to other users of the Websites;
- Attempting to gain unauthorized access to the Intellectual Property;
- Interacting with the Websites in any way other than the ordinary manner of using the Websites;
- Transmitting unsolicited commercial communications and unsolicited email; and
- Suggesting an affiliation with Euphoria to any third party unless authorized in writing.
ASSUMPTION OF RISK AND WAIVER OF RIGHT TO SUE
THE WEBSITES, INFORMATION, TRANSACTIONS, ENTERTAINMENT EVENTS, AND ANY OTHER OFFER FOR YOUR PARTICIPATION ARE PROVIDED “AS IS.” YOU AGREE THAT YOUR PARTICIPATION SHALL BE AT YOUR OWN SOLE RISK.
YOU ACKNOWLEDGE THAT PARTICIPATION WITH EUPHORIA IN GENERAL, AND YOUR PARTICIPATION WITH ANY ENTERTAINMENT EVENT IN SPECIFIC, MAY ENTAIL CERTAIN RISKS OF PHYSICAL INJURY, DEATH, DAMAGE TO PROPERTY, AND OTHER DAMAGES OR LOSSES THAT YOU MAY SUSTAIN. YOU AGREE TO VOLUNTARILY ASSUME THE FULL RISK OF ANY PHYSICAL INJURY, AS WELL AS ANY AND ALL OTHER DAMAGES AND LOSSES TO PERSONS AND PROPERTY YOU MAY SUSTAIN. YOU HEREBY AGREE TO WAIVE AND RELINQUISH YOUR RIGHT TO FILE A LAWSUIT RELATING TO INJURIES OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR PARTICIPATION, AND EXPRESSLY RELEASE EUPHORIA, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES OF ANY AND ALL CLAIMS, CAUSES OF ACTION, AND RIGHTS AT LAW OR IN EQUITY ARISING FROM OR RELATING TO YOUR PARTICIPATION.
PROTECTING YOUR IDENTIFYING INFORMATION
You agree that Your use of the Websites may require a user identification and password that may be created through a registration process. You agree to protect and maintain the confidentiality of Your user identification, password or other identifying information You obtain in connection with Your use of the Websites. You agree to notify Euphoria immediately if You believe Your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also agree that You are solely responsible for all damages or claims that may arise relating to any person who has received or derived Your user identification, password or other identifying information, including, but not limited to, any access to or use of the Websites that may occur after You have notified Euphoria that Your user identification, password or other identifying information has been compromised.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, EUPHORIA, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR PARTICIPATION WITH EUPHORIA AND ITS AFFILIATES. EUPHORIA SHALL NOT BE OBLIGATED TO MAINTAIN THE ACCURACY OF WEBSITES. EUPHORIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT, AND SHALL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT, WHICH MAY BECOME INACCURATE AFTER THE DATE OF PUBLICATION, NOR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES, INCLUDING BUT NOT LIMITED TO:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the websites, Your purchase of tickets, merchandise, or other goods or services from Euphoria, or Your Participation in any Entertainment Event;
- Unauthorized access or use of Euphoria’s Intellectual Property or any and all personal information or business information stored therein;
- Interruption or cessation of transmission to or from the Websites, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Websites by any third party;
EUPHORIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, REGARDLESS OF WHETHER ADVERTISED, FEATURED, PROMOTED, OR OTHERWISE RELATED TO THE WEBSITES, TRANSACTIONS, THE CONTENT, ANY ENTERTAINMENT EVENT, OR ANY OTHER PARTICIPATION WITH EUPHORIA AND ITS AFFILIATES. EUPHORIA WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT ALLOWED BY LAW, EUPHORIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO YOUR PARTICIPATION.
EUPHORIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE OPERATION OF THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT EUPHORIA SHALL NOT BE RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS, INACCURACIES, OR ERRORS THAT MAY EXIST IN THE WEBSITES.
EUPHORIA MAKES NO REPRESENTATION OR WARRANTY THAT YOUR USE AND ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT EUPHORIA WILL CORRECT ANY DEFECTS IN THE WEBSITES. YOU AGREE THAT YOU, AND NOT EUPHORIA, WILL BEAR ALL COSTS OF SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEBSITES.
YOU AGREE THAT EUPHORIA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY WHATSOEVER, REGARDLESS OF THE CAUSATION, THAT MAY RESULT FROM THE USE OF THE WEBSITES, INABILITY TO USE THE WEBSITES, AND ALL OTHER FORMS OF PARTICIPATION, IN ANY CAUSE OF ACTION WHATSOEVER.
WHILE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL EUPHORIA’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SOUNDING FOR ANY REASON WHATSOEVER EXCEED THE AMOUNT PAID BY YOU DIRECTLY TO EUPHORIA.
YOU AGREE TO INDEMNIFY EUPHORIA AND ITS AFFILIATES, VENDORS AND LICENSORS, AND ALL OF THE EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, AGENTS AND REPRESENTATIVES OF EUPHORIA AND ITS AFFILIATES, VENDORS AND LICENSORS, AGAINST, AND TO HOLD ALL OF THEM HARMLESS FROM, ALL COSTS, CLAIMS, DAMAGES, EXPENSES OR OTHER LOSSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, THAT ARISE FROM OR ARE RELATED TO YOUR PARTICIPATION AND/OR YOUR BREACH/VIOLATION OF OR FAILURE TO COMPLY WITH THE TOU.
INTELLECTUAL PROPERTY AND COMMUNICATIONS
You represent and warrant that You own Your intellectual property. You agree that You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant Euphoria all of the license rights granted herein. By submitting information or any kind of content or media of any format whatsoever or by Your appearance at an Entertainment Event (“Content”), via the Websites or any other means whatsoever, You hereby grant to Euphoria a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, translate, publish, publicly perform, display, and distribute the Content, which may include Your liveness, image, voice, or any variation thereof. You agree that Euphoria shall have unrestricted right to use, publish, and commercially use any information, materials, data, image, likeness, ideas, or any kind of Content whatsoever that You submit, without notice, compensation, or other obligation to You or any other person. You agree that this license includes a right to make Content available to other companies, organizations or individuals that Euphoria or any of its assigns or sub-licensors with whom it has relationships. By submitting information to Euphoria through the Websites or otherwise You give Euphoria and its Affiliates permission to contact You through email, fax, or telephone, or any means, even if Your phone number is on a “Do Not Call” list. The transmission of data via the Internet can never be completely secure. We may use commercially reasonable physical and technical safeguards to preserve the security of Your personal data. However, we cannot warrant the security of any data You transmit to the Websites and You do so at Your own risk. You agree that all trademarks, service marks, trade names, brand names, logos, pictures, images, material, content, information, data, coding, domain names, email addresses, calculations, Websites, text, functionality, services, design, layout (“look and feel”) that is displayed on the Websites or any other media or communications developed by Euphoria (“Web Content”), are Euphoria’s exclusive Intellectual Property and agree that You will not copy, reproduce, publish, create derivative works from, modify, use in a web page frame, reverse engineer, distribute or transfer the Web Content.
REVISIONS AND ADDITIONAL TERMS
You agree that Euphoria may revise or change the TOU at any time, without notice to You, and You agree that You will be bound by the provisions of the TOU as its appears at the time of Your most recent Participation. In addition, You agree that all other Content, Transactions, Entertainment Events, and other offers available through the Websites or otherwise are subject to updating and revision without notice to You. You further acknowledge and agree that Your obligations under this TOU may only be modified in a writing signed by a Manager of Euphoria. You agree that Your Participation may be subject to additional terms, conditions and disclaimers agreed by the parties in documents other than the TOU, and You agree that such Participation will be subject to additional terms, conditions, and disclaimers.
THIRD PARTY BENEFICIARIES
Any Affiliates of Euphoria or any Entertainment Event are expressly made Third Party Beneficiaries to this TOU. “Affiliates” shall mean members, agents, attorneys, employees, subsidiaries, respective assigns, predecessors-in-interest, successors-in-interest, customers and distributors, vendors, sponsors, and any other individual or entity affiliated with or associated with or acting on behalf of any of the foregoing, and all of the foregoing persons’ and entities’ respective past, present and future associates, representatives, owners, members, managers, partners, spouses, attorneys.
You agree that the TOU shall be governed and construed under the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the TOU or the use of the Websites shall be filed only in the state or federal courts located in Travis County, Texas, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You agree that if any provision of the TOU shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of the TOU and shall not affect the validity and enforceability of such other provisions.
You agree that the headings used in this TOU are for convenience purposes only and shall not be used to interpret or limit the meaning of the terms contained herein.
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