Terms Effective as of January 27, 2020
Terms of Use
The website at bajabeachfest.mx and its subdomains, affiliated websites, and the Content (as defined below) and services available from or through bajabeachfest.mx (collectively, the "Site") are made available by Collectiv MX LLC, a California limited liability company, and its subsidiaries and affiliates (including without limitation Collectiv PBB, LLC & La Familia Presenta, LLC) (collectively, the "Company," "we," "us," or "our"). These Terms of Use ("Terms") constitute a legal agreement between the user of the Site ("user" or "you") and the Company. It applies when a user accesses, uses, or visits the Site. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. Your use of a particular Site may also be subject to additional terms, codes of conduct, or guidelines governing the use of such Sites, including certain features or offers. In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before participating in a Promotion. Promotion rules will control over any conflict with these Terms.
Our Privacy Policy and any other policies, rules, or guidelines that may apply to particular offers or features on the Site are also incorporated into these Terms. By using the Site, you represent that you are 18 years of age or older and are legally capable of entering into contracts. If you are under 18, you may use the Site only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Site. We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors.
Modification Of The Terms
We reserve the right, at our discretion, to change, update, delete, or add to the Terms at any time without notification to you. Any changes to the Terms will be effective immediately upon posting, and any continued use by you of the Site after changes have been posted constitutes your acceptance of those changes. It is your responsibility to review the Terms and applicable policies periodically for changes, and we encourage you to review the Terms each time you visit the Site. If any modification is unacceptable, you should stop using the Site and our Services.
Code of Conduct
During your use of our Site, including when you submit User Content (as defined below), you agree that you will comply with all applicable laws, rules, and regulations, and that you will not: restrict or inhibit any other person from using the Site; use the Site in violation of any laws or regulation; express or imply that any statements you make are endorsed by us, without our prior written consent; impersonate any person or entity, whether actual or fictitious, including any employee or representative of the Company; submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication; or (d) the private information of any third parties or information that infringes on or invades the privacy of any third parties; submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party; harvest or collect information about Site users; submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; use any area of the Site for commercial purposes, such as to conduct sales of tickets, products, or services; engage in spamming or flooding; introduce into our Site 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; or use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer.
Ownership of Content
All text, page headers, technical documentation, images, photographs, designs, graphics, logos, button icons, scripts, service names, product information, visual interfaces, trademarks, sounds, music, videos, streaming content, software, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression contained on the Site, is owned or controlled by us, or licensed to us, and is protected by 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 Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. We may change the Content and features of the Site at any time. 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. 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. Subject to these Terms, you are granted a limited, non-sublicensable right to use and access the Site and all content contained therein for your personal, non-commercial, and informational use only.
Website Features
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Site or any portion thereof. On our Site, users will be able to: create an Account; register to receive priority access to purchase tickets to our events (the “Event”); watch a live stream of certain performances occurring during the Event (the “Live Stream”); purchase tickets to Baja Beach Fest Events; receive news about Baja Beach Fest Events; and participate in contests, sweepstakes, surveys, forums, and other interactive features. We may host fan reviews, message boards, blog feeds, social media feeds, and other forums found on the Site (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork, or other materials to the Forums or other areas of the Site, or communicate through the Forum with us or other Users of the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old. You own all rights to your User Content. However, by submitting User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive, and commercialize your User Content, at our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership of your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display, or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian. We will have the right (but not the obligation) to monitor the Site, the Forums, and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly or to protect ourselves, our sponsors, and our users, or to comply with legal obligations or governmental requests. Statements, opinions, and reviews posted by Users in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Let me know if you need further assistance!
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Site or any portion thereof. On our Site users will be able to: create an Account; register to receive priority access to purchase tickets to our events (the “Event”); watch a live stream of certain performances occurring during the Event (the “Live Stream”); purchase tickets to Baja Beach Fest Events; receive news about Baja Beach Fest Events; and participate in contests, sweepstakes, surveys, forums and other interactive features. We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site, or communicate through the Forum with us or other Users of the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old. You own all rights to your User Content. However, by submitting User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian. We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. Statements, opinions and reviews posted by Users in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Ticket Terms and Conditions
Purchase or use of tickets to our Event(s) constitutes acceptance of the following terms, as well as the Terms and Conditions of the sale, as acknowledged during the purchase process. This ticket is a revocable license for the date and time (unless rescheduled) listed on the front thereof. Entry into the event is strictly limited to people who are over such age as designated by Company. We reserve the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person whose conduct is deemed by us, in our sole and absolute discretion, to be disorderly, who uses vulgar or abusive language, or who fails to comply with the rules of the event. Price includes all applicable taxes. It is unlawful to reproduce this ticket in any form. The use of our tickets for advertising, promotions, contests, sweepstakes, giveaways, etc. without the express written consent of Company is expressly prohibited. Unauthorized resale or attempted resale is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void. Recording and transmitting any report, picture or reproduction of the event to which this ticket is issued is unauthorized, except for limited non-commercial purposes on holder’s personal social media channels only provided that holder is solely responsible for and required to obtain any and all permissions required prior to posting, including but not limited to music clearances, and that recording or transmitting any video in excess of thirty (30) seconds long (regardless of whether it is a single video or series) is strictly prohibited. This ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event for which it is issued. This ticket is not transferable or redeemable for cash. Holder of a ticket to our Event acknowledges that the event may be broadcast or otherwise publicized, and hereby grants permission to utilize holder’s image or likeness in connection with any live or recorded transmission or reproduction of such event. Holder may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises. Holder assumes all risks and danger incidental to the event for which this ticket was issued, whether occurring prior to, during, or after the event, and holder voluntarily agrees that the management, venue/facility, artist(s) performing, participants, participating clubs, Company and all of its respective parents, subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents and representatives are expressly released from any claims arising from such causes. Holder bears all risks of inclement weather. Event date, time, location and talent subject to change. NO REFUNDS OR EXCHANGES. All sales are final. In the event of any inconsistency or conflict between the terms stated herein and the terms contained in the applicable ticketing agency’s terms of use/sale, the terms stated herein shall control. YOU MUST BE 18 YEARS OF AGE OR OLDER TO ATTEND THE EVENT. 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. HOLDING A TICKET TO OUR EVENT(S) MAY ONLY GET YOU AN ENTRY INTO OUR EVENT(S). YOU, AND NOT US, ARE SOLELY RESPONSIBLE FOR MAKING ALL ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO TRAVEL (INCLUDING CARRYING APPROPRIATE TRAVEL DOCUMENTS), FOOD, AND LODGING, TO ATTEND OUR EVENT(S).
LIVE STREAM OF BAJA BEACH FEST MUSIC FESTIVAL
During the Event, the Live Stream will be available on the Site via an embedded video player. Company and/or third parties own and retain all rights to the Live Stream. Subject to your compliance with the Terms, Company 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. 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 Company has sole control over which performances will be available. 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 Company 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 Site that prevent or restrict use or copying of the Live Stream or other materials and Content contained on the Site. 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, 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 Company 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.
CLAIMS OF COPYRIGHT INFRINGEMENT ON THE SITE
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), United States Code, Section 512(c)(2), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices should be sent to PO Box 6849, Incline Village, NV 89450. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
Links
The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Customer Communication
When you visit the Site 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 Site. 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 Site or any of our affiliated websites are non-confidential. Any comments and feedback can be sent to [email protected]. All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Site, such as your suggestions regarding improvements that we make to the Site (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. You agree that we may establish limits concerning the use of any service offered via the Site, including maximum limits on communications, and storage and retention of the same. You agree that we shall have no responsibility for the deletion, corruption, or failure to store any messages or other content maintained or transmitted via the Site.
Access from Outside the United States
We make no representation that the Site or the Live Stream is appropriate or available for use in locations outside of the United States. If you access the Site from outside the United States, you are solely responsible for compliance with applicable local laws. You agree that you will not use the Site or the Live Stream in any country or in any manner prohibited by applicable laws, restrictions or regulations. If you are accessing the Site from outside of the United States, please note that all data will be transferred to the United States. By using the Site or the Live Stream, you consent to this transfer.
Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction and venue of the courts located in Washoe County, Nevada, and waive any objections based on the venue, including any objection to the convenience of the forum. The exclusive venue for any action or proceeding under or relating to these Terms will be in such courts located in Washoe County, Nevada.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COMPANY OR ANY OF ITS PARENTS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY LIABILITY EXISTS, COMPANY'S TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE TICKET(S) YOU PURCHASED.
