2. Use of Site and Mobile App
No charge is made for the general use of the Site or Mobile App, unless you choose to purchase tickets, merchandise or other services or goods. If you wish to make a purchase, you must click on the designated link at the top of the page, fill in any required information and follow the instructions. When you purchase a ticket to the Sunset Music Festival (the "Festival"), you will be issued a wristband which contains a radio frequency identification ("RFID") chip. Please be aware that you will not be issued a physical ticket to the Festival; your wristband is your ticket. You will also receive instructions for the use of the wristband, as well as information about how to register your wristband online for additional convenience and benefits. Your attendance at the Festival is subject to your acceptance of the Festival Terms and Conditions, which can be found at http://smftampa.com/ticketing-terms-conditions.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time, in our sole discretion. If we do this, we will post the changes to these Terms on this webpage. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) our Services.
3. Registration and Security
In order to register and purchase your wristband, you will be asked for certain information, such as your name, age, telephone number, physical address, email address, emergency contact and other information ("Registration Data"). You are solely responsible for your wristband and its use. You agree to notify us immediately of any unauthorized use of your wristband. We will not be liable for any loss that you may incur as a result of someone else using your wristband, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your wristband.
You agree to: (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms; (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible for all use of your wristband. You may not transfer your registration or wristband to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
By subscribing to, or accessing, the Services, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any). We use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.
If any part of our Services requires a login or password, then such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone to use your login or password to access the particular Service. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify us immediately if the security of your login or password has been breached.
4. Public Forums and Your Submissions
The Services may provide chat rooms, forums, message boards, blog feeds, news groups and/or other interactive tools to its users including links to third party websites, applications or third party "plug-ins". You are solely responsible for the information, data, opinions, descriptions, photos, profiles, messages, "shouts", comments, reviews, text, location information and all other content that you upload, publish, modify, or display on or through our Services or transmit to or share with us and other users (collectively, the "User Content").
By uploading, publishing, modifying or displaying User Content to any part of our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Services.
You represent and warrant that your User Content will not contain any material that: (a) is false, inaccurate, or misleading; (b) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; (c) violates any law or regulation; (d) is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; (e) is obscene or contains pornography; or (f) contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You understand and agree that we do not verify or vouch for any such content and if we determine, in our sole discretion, that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to: (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use any or all of our Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration. Please note, if we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Service as aggregate data.
5. Rules of Conduct
Your use of our Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that: (a) you will not interfere with another member's use of our Services; (b) you will not interfere with or disrupt the security measures of our Services; (c) you will not interfere with or disrupt networks connected to our Services, and will comply with all regulations, policies and procedures of such networks; and (d) you will comply with United States law regarding the transmission of technical data exported from the United States.
You further agree that you will not use our Services to: (a) send or result in the transmission of "spam" (junk email) or unsolicited messages; (b) promote or generate revenue for any business or commercial purposes unless authorized in writing by us; (c) impersonate any person or entity; intentionally or unintentionally or create a false identity on our Services; (d) collect or store personal data about other users; (e) make publicly available on our Services, or otherwise transmit, any private information of any third party; or (f) make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data and information or post content that you own and/or control -- and not content owned and/or controlled by others. You are fully responsible for your User Content. In other words, if you send us content you do not own or otherwise do not have the right to submit, you are responsible for any liability or obligation. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We reserve the right to terminate any user's account without notice if that user is determined to be a "repeat infringer" of others' intellectual property.
7. Proprietary Rights
All content on our Services, including but not limited to, visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, and their selection and arrangement ("Site Content"), excluding any of your User Content, is our proprietary property, our users or its licensors with all rights reserved. Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any materials contained within the Services (except for your User Content) without our express prior written consent.
8. Limited License
You are granted a limited license to access our Services and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright, trademark or other notices contained on the Services, including notices on any content you download, transmit, print or reproduce from the Services, nor shall you distribute such Site Content. Except for your User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Services or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This limited license is revocable at any time without notice and with or without cause.
9. Third Party Websites and Content
Our Services may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, "plug-ins", offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Services or relating to any applications you use or install from the Third Party Site.
We have the right to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (a) restrict, deactivate, suspend, or terminate your access to our Services, including deletion of your accounts and all related information and files in your account; (b) refuse, move, or remove for any reason any material that you submit on or through the Service; (c) refuse, move, or remove any material that is available on or through our Services; and/or (d) stablish general practices and limits concerning use of our Services. We may take any of the above actions for any reason, as determined by us, in our sole discretion, including, but not limited to: (a) breaches or violations of these Terms, or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Services (or any part thereof); and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend and hold Heartbeat International Foundation, Inc., Sunset Music Presents, LLC, DDP Worldwide Inc, Disco Donnie Presents, LLC, Sunset Events, LLC, Tampa Sports Authority, Amphitheatre Ybor LLC, their parent, affiliate, and subsidiary companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, attorneys, employees, successors and assigns (collectively, "Company Parties") harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Company Parties in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, upload, post, transmit or make available through the Services, your violation or breach of any these Terms, your connection to the Services, or your violation of the rights of any other person or entity.
12. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE OUR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE USE OF THE SERVICES. THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THEIR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Services.
13. Limitation of Liability
IN NO EVENT WILL WE, THE COMPANY PARTIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND ANY OTHER THEORIES OF LIABILITY.
Our Services are operated primarily from the United States. We do not represent or warrant that our Services are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.
These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you subscribe to the Services or use or purchase certain other services, affiliate services, third-party content or third-party software.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at firstname.lastname@example.org . If you are a California resident, you may have this same information emailed to you by sending an email to the foregoing email address with your email address and a request for this information.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.
The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of Florida, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in Tampa, Florida, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Contact Information
If you have any questions about these Terms, please contact us via email at email@example.com or by mailing your question(s) to the following address:
Sunset Music Presents, LLC
509 South Oregon Avenue
Tampa, FL 33606
Revision Date: November 23, 2020