The following are the terms and conditions for use of www.radfestival.com and various other Web Sites and web pages operated by RODEO AFTER DARK MUSIC FESTIVAL and its affiliates (collectively, “RODEO AFTER DARK”) in support of the RODEO AFTER DARK Music and Art Festival (collectively, the “RODEO AFTER DARK Web Sites”). This User Agreement applies to the RODEO AFTER DARK Web Sites and does not apply to the content of third-parties.
The RODEO AFTER DARK Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the RODEO AFTER DARK Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular RODEO AFTER DARK Web Site may also be subject to additional terms, codes of conduct, or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that RODEO AFTER DARK Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular RODEO AFTER DARK Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please see the Privacy Statement for disclosures relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
RODEO AFTER DARK reserves the right to change the terms, conditions, and notices under which the RODEO AFTER DARK Web Sites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the RODEO AFTER DARK Web Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the RODEO AFTER DARK Web Sites are for your personal and non-commercial use. The content available and any services made available through the RODEO AFTER DARK Web Sites is the property of RODEO AFTER DARK or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the RODEO AFTER DARK Web Sites. You acknowledge that RODEO AFTER DARK retains exclusive ownership (or is the licensee) of the RODEO AFTER DARK Web Sites, all content, materials, and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks, or trade secrets with respect to the RODEO AFTER DARK Web Sites or their contents, and RODEO AFTER DARK reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of RODEO AFTER DARK, you may not “meta-search” the RODEO AFTER DARK Web Sites, send, or cause to be sent, any automated queries of any sort to the RODEO AFTER DARK Web Sites, or use the RODEO AFTER DARK Web Sites in any commercial manner. “Automated queries” shall include, but not be limited to: using any software that sends queries to any RODEO AFTER DARK Web Sites to determine how a web site “ranks” on any RODEO AFTER DARK Web Sites.
LINKS TO THIRD-PARTY SITES
The RODEO AFTER DARK Web Sites may contain links to third-party Web Sites (“Linked Sites”) including, but not limited to: links to relevant portions of Third-Party Social media sites. The Linked Sites are not under the control of RODEO AFTER DARK, and RODEO AFTER DARK is not responsible for the contents of any Linked Site, including without limitation: any link contained in a Linked Site, or any changes or updates to a Linked Site. RODEO AFTER DARK is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is RODEO AFTER DARK responsible if the Linked Site is not working appropriately. RODEO AFTER DARK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RODEO AFTER DARK of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites.
Any dealings with third-parties (including advertisers) included within the RODEO AFTER DARK Web Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third-party. RODEO AFTER DARK shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RODEO AFTER DARK Web Sites, you will not use the RODEO AFTER DARK Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third-party. You may not use the RODEO AFTER DARK Web Sites in any manner that could damage, disable, overburden, or impair any RODEO AFTER DARK Web Sites (or the network(s) connected to any RODEO AFTER DARK Web Site) or interfere with any other party’s use and enjoyment of any RODEO AFTER DARK Web Site. You may not attempt to gain unauthorized access to any RODEO AFTER DARK Web Sites, other accounts, computer systems, or networks connected to any RODEO AFTER DARK Web Sites, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the RODEO AFTER DARK Web Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), RODEO AFTER DARK has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the RODEO AFTER DARK Web Sites (the “Designated Agent”). All such notifications relating to the RODEO AFTER DARK Web Sites must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RODEO AFTER DARK personnel to locate the material.
- Information reasonably sufficient to permit RODEO AFTER DARK to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to RODEO AFTER DARK’s Designated Agent as follows:
- Service Provider: RODEO AFTER DARK, LLC
- Full Address of Designated Agent to Which Notification Should Be Sent:RODEO AFTER DARK Copyright Agent
C/o Timothy Liam Epstein, Esq.
Duggan Bertsch, LLC
303 West Madison
Suite 1000
Chicago, Illinois 60606
tepstein@dugganbertsch.com
COMMUNITY FEATURES
RODEO AFTER DARK may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material (collectively, the “Submitted Content”) in connection with various features of the RODEO AFTER DARK Web Sites including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features, and chat features (collectively, the “Community Features”). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. RODEO AFTER DARK may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material via Third-Party Social networking websites and products (“Third-Party Social Networking Features”). Any use of Third-Party Social Networking Features is subject to the then current terms of use of the applicable third-party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. In consideration of your use of the RODEO AFTER DARK Web Sites, you agree (i) to provide accurate, current, and complete information about yourself as may be prompted by any registration forms (“Registration Data”); (ii) to maintain the security of your password and identification provided, if any; (iii) to maintain and promptly update Registration Data and any other information you provide to RODEO AFTER DARK, and to keep it accurate, current, and complete; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account, and for any actions that take place using your account.
RODEO AFTER DARK and its third-party providers (“Vendors”) do not monitor, endorse, edit, or screen your Submitted Content, although RODEO AFTER DARK and its Vendors reserve the right to do so, and neither RODEO AFTER DARK nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential, and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and RODEO AFTER DARK or between you and RODEO AFTER DARK’s Vendors other than as expressly set forth in this Agreement. You acknowledge that RODEO AFTER DARK is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to RODEO AFTER DARK under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If RODEO AFTER DARK determines, in RODEO AFTER DARK’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, RODEO AFTER DARK reserves the right to: (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the RODEO AFTER DARK Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational, or other means available to RODEO AFTER DARK to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the RODEO AFTER DARK Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the RODEO AFTER DARK Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to RODEO AFTER DARK a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell, and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media, or technology known or hereafter developed.
INDEMNIFICATION
You hereby agree to indemnify and hold RODEO AFTER DARK and all RODEO AFTER DARK Entities, harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the RODEO AFTER DARK Web Sites and the products, merchandise, tickets, and/or services purchased via the RODEO AFTER DARK Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “RODEO AFTER DARK Entities” shall mean, RODEO AFTER DARK, LLC; Wendoh Media Companies; and all of the parent, subsidiary, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors, attorneys, and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing or which presents or operates the RODEO AFTER DARK Music and Art Festival, including all of their officers, directors, shareholders, members, managers, employees, contractors, or agents.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RODEO AFTER DARK WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE RODEO AFTER DARK WEBSITES AND TO THE INFORMATION THEREIN. RODEO AFTER DARK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RODEO AFTER DARK WEBSITES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE RODEO AFTER DARK WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE RODEO AFTER DARK ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE RODEO AFTER DARK WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RODEO AFTER DARK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE RODEO AFTER DARK ENTITIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE RODEO AFTER DARK SITES. YOU SPECIFICALLY AGREE THAT THE RODEO AFTER DARK ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE RODEO AFTER DARK ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A RODEO AFTER DARK WEBSITE BY ANY THIRD-PARTY.
THE RODEO AFTER DARK ENTITIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE RODEO AFTER DARK ENTITIES AND/OR THEIR EMPLOYEES, PARENTS, SUBSIDIARIES, CONTRACTORS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RODEO AFTER DARK WEBSITES, WITH THE DELAY OR INABILITY TO USE THE RODEO AFTER DARK WEBSITES OR RELATED SERVICES, THE PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE RODEO AFTER DARK WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE RODEO AFTER DARK WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE RODEO AFTER DARK ENTITIES OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RODEO AFTER DARK WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RODEO AFTER DARK WEBSITES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that RODEO AFTER DARK may establish limits concerning use of any RODEO AFTER DARK service offered on a RODEO AFTER DARK Web Site, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any RODEO AFTER DARK Web Site or service, the maximum disk space that will be allotted on RODEO AFTER DARK’s servers on your behalf, and the maximum number of times and duration you may access any RODEO AFTER DARK Web Site in a given period of time.
You agree that the RODEO AFTER DARK entities have no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any RODEO AFTER DARK Web Site. You acknowledge that RODEO AFTER DARK reserves the right to log off accounts that are inactive for an extended period of time.
RODEO AFTER DARK MAKES NO WARRANTY THAT ANY RODEO AFTER DARK WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
GENERAL
This Agreement is governed by the laws of the State of Nevada, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the City of Las Vegas, Clark County, Nevada, U.S.A., in all disputes arising out of or relating to the use of the RODEO AFTER DARK Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RODEO AFTER DARK as a result of this Agreement or use of the RODEO AFTER DARK Web Sites. You agree to indemnify and hold RODEO AFTER DARK, the RODEO AFTER DARK Entities, their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third-party due to or arising out of your use of or conduct on the RODEO AFTER DARK Web Sites. RODEO AFTER DARK reserves the right to disclose any personal information about you or your use of the RODEO AFTER DARK Web Sites, including its contents, without your prior permission if RODEO AFTER DARK has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the RODEO AFTER DARK entities or their affiliated companies; (3) enforce this User Agreement or any other agreement relating to your use of any RODEO AFTER DARK Web Sites; or (4) act to protect the interests of its partners and affiliates or others. RODEO AFTER DARK’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of RODEO AFTER DARK’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the RODEO AFTER DARK Web Sites or information provided to or gathered by RODEO AFTER DARK with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and RODEO AFTER DARK with respect to the RODEO AFTER DARK Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RODEO AFTER DARK with respect to the RODEO AFTER DARK Web Sites. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Web Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
ACKNOWLEDGEMENT
BY ACCESSING THE RODEO AFTER DARK WEB SITES AND/OR UTILIZING ANY RELATED RODEO AFTER DARK SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THE SAME.
