Updated Monday, August 16, 2015
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Loufest, LLC (“Loufest”) produces the Loufest Music Festival (the “Festival”) and owns and operates the website located at www.loufest.com (the “Site”) and all sub-directories and sub-domains of the Site.
1. USER CONSENT TO TERMS AND CONDITIONS
The use of the Site is contingent upon your agreement to the following Terms and Conditions. Loufest may change the Terms and Conditions from time to time and at any time, and without notice to you. All such changes to these Terms will appear publicly http://www.loufest.com. You agree to be bound by such changes to the Terms as they are made public. Loufest encourages you to check this document frequently as your continued use of the Site deems you responsible for keeping current with any changes.
2. REGISTRATION AND USER CONTENT
“Content” means any text, images, or other media submitted through a web form or to an e-mail address at the Site.
By registering or using the Site, you are giving express consent to Loufest to send to you various emails, including marketing emails of various types. You agree that, although Loufest may provide methods for opting out of these emails, that these emails are not ‘unsolicited emails’ or ‘spam’, and that you will indemnify and hold harmless Loufest, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, Loufest’s sending of these emails, and/or your receipt thereof.
www.loufest.com and any service on the Site, including the ability to read and submit Content are provided to you solely for entertainment purposes. By submitting Content to the Site you hereby reassign all rights of submitted Content to Loufest. Further, you agree that you are the sole copyright holder of any Content submitted by you prior to submitting the Content.
Loufest is not obligated to monitor the content on this Site. However, with respect to the use of the products and services offered on the Site, Loufest may disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or edit, refuse to post, or remove any information or materials, in whole or in part, from the Site, in Loufest’s sole discretion, without notice at any time.
This Site may contain message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms. Loufest may, but is not obligated to, review materials posted to this Site and remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, Loufest may terminate your access to the Site and services at any time without notice for any reason whatsoever. Furthermore, Loufest may terminate or change any part of the Site at any time.
You acknowledge that your communications on the Site are public and not private communications. Therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. Loufest specifically disclaims any liability with regard to the community areas on the Site.
The Content, services, information, and other material included in or available through the Site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the Site should not be relied upon for decisions or other critical purposes. The accepted standards of conduct on this Site are determined by Loufest, and you agree that Loufest may enforce these standards, including deletion of posts, banning users, or removing access to select message boards.
BY REGISTERING OR USING THE SITE, YOU AGREE THAT LOUFEST MAY, IN ADDITION TO OTHER RIGHTS, DELETE YOUR POSTS OR BAN YOU OR ANY OTHER USER AT ANY TIME, IF IT BELIEVES THAT ACTION IS IN THE SITE’S BEST INTEREST, FOR WHATEVER REASON, AND THE REASON NEED NOT BE DISCLOSED.
3. PROHIBITED CONDUCT
Without limitation of the foregoing, you agree that you will not use the Site to:
- Post (“Post” includes uploading, posting, distributing, e-mailing, publishing, and reproducing) any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonate any person or entity, including, but not limited to, a Loufest official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘Spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;
- Post any Content that is obscene, harmful, deceptive, threatening, embarrassing, unlawful, abusive, harassing, hateful, defamatory, libelous, invasive of another’s privacy, or fraudulent;
- Post any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Intentionally violate any applicable local, state, national or international law;
- Engage in spamming or flooding;
- Post or transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
- Link to any page of or content on the Site other than the URL located at www.loufest.com; and or
- Collect any information about other Site users or members without their express consent
YOU UNDERSTAND AND ACKNOWLEDGE THAT LOUFEST IS NOT RESPONSIBLE FOR MATERIAL SUBMITTED TO THE SITE OR POSTED TO THE SITE BY YOU OR ANY OTHER USER.
4. USER GRANT OF LICENSE
By submitting Content on the Site you grant Loufest the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to the Site.
Any dealings with third parties (including advertisers) included within the Site or services 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. Loufest is not responsible or liable, in any way whatsoever, for any part of any such dealings or promotions.
YOU AGREE THAT YOUR USE OF THE LINKED SITES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR THROUGH THE LINKED SITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THE LINKED SITES. BY REGISTERING, OR USING THE SITE, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS LOUFEST FROM ANY LIABILITY WHATSOEVER ASSOCIATED WITH YOUR DEALINGS WITH THESE THIRD PARTIES.
7. OWNERSHIP AND RESTRICTIONS ON USE
THE SITE, INCLUDING ALL SITE SOFTWARE, DATABASES, PROPRIETARY INFORMATION AND MATERIALS (AND ANY RELATED INTELLECTUAL PROPERTY AND OTHER RIGHTS) ARE OWNED AND OPERATED BY LOUFEST AND WILL REMAIN THE PROPERTY OF THE LOUFEST. THE SITE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS, AND YOU ACKNOWLEDGE THAT THESE RIGHTS ARE VALID AND ENFORCEABLE. YOU FURTHER ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY ACCESSING OR USING THE SITE OR THE MATERIALS.
THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE SITE, UNLESS OTHERWISE NOTED, ARE COPYRIGHTED BY LOUFEST, AND ARE INTENDED TO EDUCATE AND INFORM YOU ABOUT EVENTS, VENUES, AND OTHER PRODUCTS AND SERVICES OFFERED OR DESCRIBED ON THE SITE. NO PART OF THE SITE, OR ANY OF THE CONTENT CONTAINED IN THE SITE, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.
THE TRADEMARKS, LOGOS, AND SERVICE MARKS DISPLAYED ON THE SITE (COLLECTIVELY THE “TRADEMARKS”) ARE THE REGISTERED AND UNREGISTERED TRADEMARKS OF LOUFEST, OR ITS AFFILIATED ENTITIES, LICENSORS, SPONSORS, SUPPLIERS, AND OTHERS. THE TRADEMARKS OWNED BY LOUFEST (OR ITS PARTNERS, AFFILIATED COMPANIES, LICENSORS, SPONSORS, SUPPLIERS, AND OTHERS) WHETHER REGISTERED OR UNREGISTERED, MAY NOT BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE TRADEMARK OWNER. LOUFEST’S TRADEMARKS MAY NOT BE USED IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION TO CUSTOMERS, OR IN ANY MANNER THAT DISPARAGES LOUFEST. MISUSE OF ANY TRADEMARKS IS EXPRESSLY PROHIBITED, AND LOUFEST WILL ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS IN THE TRADEMARKS, INCLUDING CIVIL AND CRIMINAL PROCEEDINGS.
8. ACCESSING THE SITE FROM OUTSIDE THE UNITED STATES
This Site is primarily intended for users residing in the United States. Loufest makes no representations that the services, materials, and information available on the Site are appropriate for use outside the United States. Individuals who choose to access the Site from locations outside the United States do so at their own risk and choice, and are responsible for complying with any applicable local laws of the location where the Site is accessed.
9. RULES FOR CONTESTS AND SWEEPSTAKES
These Terms are effective until terminated by Loufest. Your access to the Site may be terminated by Loufest immediately and without notice, if in Loufest’s sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the Site and destroy all materials and copies obtained from the Site.
YOUR ACCESS TO AND USE OF THIS SITE, AND PRODUCTS AND SERVICES OF THIS SITE, IS AT YOUR OWN RISK. THE LOUFEST PARTIES AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, EMPLOYEES, AFFILIATED COMPANIES, LICENSORS PARTNERS, SUBCONTRACTORS, SPONSORS, OR OTHER ASSOCIATES WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR DISCLOSURE OF INFORMATION, DATA, REVENUE, ACCOUNTS OR BUSINESS THAT OCCURS IN CONNECTION WITH YOUR USE OF THE SITE, OR SUCH PRODUCTS OR SERVICES. LOUFEST MAKES NO GUARANTEES OF ANY KIND REGARDING THE DEPENDABILITY, ACCURACY, SECURITY, TIMELINESS OR AVAILABILITY OF THE SITE, OR SUCH PRODUCTS OR SERVICES.
WITHOUT LIMITING THE FOREGOING, LOUFEST AND/OR ITS SUPPLIERS, PARTNERS, SPONSORS, AFFILIATED COMPANIES, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS (COLLECTIVELY “THE MATERIALS”) CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LOUFEST AND/OR ITS SUPPLIERS, PARTNERS, LICENSORS, SPONSORS, AFFILIATED COMPANIES, OR OTHER ASSOCIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL LOUFEST, OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, SPONSORS, AFFILIATED COMPANIES, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LOUFEST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/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 THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.
You agree to indemnify, defend, and hold Loufest, the Loufest Parties and its officers, directors, members, managers, agents, employees, suppliers, partners, sponsors, affiliated companies, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Site, your violation of these Terms, or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with Loufest or your use of the Site.
14. GOVERNING LAW AND VENUE
By visiting or using the Site, you agree that the laws of the State of Missouri, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Missouri, and you consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas. BY USING THE SITE, REGISTERING ON THE SITE, OR SUBSCRIBING TO THE SITE, YOU CONSENT TO THESE TERMS.
15. ENTIRE AGREEMENT
These Terms contains the entire agreement between the parties relative to the Site and supersedes any other prior understandings, written or oral, between the parties with respect to this subject matter. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT, IN ENTERING IN TO THESE TERMS AND CONDITIONS, THEY HAVE NOT IN ANY WAY RELIED UPON ANY ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOT SPECIFICALLY SET FORTH IN THESE TERMS.