By accessing or using the Site, using Company’s mobile applications, or through purchasing a ticket or attending any Company event, including, without limitation, the Music Tastes Good Festival in Long Beach, California (each, an “Event”), you unconditionally accept and agree to be bound by the Terms. If you do not agree to these Terms, please do not use the Site or purchase a ticket to any Event and in such instance, you are not granted permission to enter into or use the Site for any purpose or attend a given Event.
The Terms are effective of and were last updated on August 28, 2017. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Site or otherwise disseminated to you. You are encouraged to frequently visit the Site, specifically at www.mtglb.co/terms, to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you in advance of any changes to the Terms. Your continued use of the Site following any changes to the Terms, or through purchasing a ticket to, or attending, an Event, shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: [email protected] California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
By using the Site, you affirm you are over the age of 13 years old. While some Events may appeal to children, no part of the Site or an Event is directed to or targets children younger than 13 years old, and children younger than 13 years old are not permitted to use the Site. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected personal information of a child younger 13 years old, Company will take steps to delete such information from Company’s files as soon as possible.
In order for you to access some or all of the Site, you may have to create an account (an “Account”) and authenticate via a third party social media provider, such as Facebook. By creating an Account, or otherwise using the Site, you authorize Company, from time to time, to communicate with you in order to provide information concerning your Account, the Site, an Event, or Company’s goods and services. You are solely responsible for activity that occurs on your Account, keeping your Account secure, and you must notify Company immediately upon any breach of security or unauthorized use of your Account. If you use the Site on a public computer, or unprotected mobile device, you acknowledge that it is your responsibility to log out of the Site. You may cancel your Account at any time by following the instructions within the Site. Company reserves the right to terminate any user’s Account and/or access to the Site if the user is determined, in Company’s sole discretion, to violate the Terms herein, or for any reason whatsoever or for no reason.
As between you and Company, all right, title, and interest in and to the Site and its contents, including, without limitation, all articles, content, blogs, graphics, images, text, and videos, along with the selection, coordination, arrangement, and organization of all material found on the Site and within such materials (individually and collectively, “Content”) is owned entirely by Company and protected under the copyright laws of the United States, and other applicable jurisdictions, subject only to the rights of Company’s affiliates, licensors, and partners.
Subject to your full compliance with all Terms, Company grants you permission to access and use the Site for the purposes of learning about an Event, purchasing tickets to an Event (and incidental purchases related thereto), and other related functions related to Company’s Events. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, any Content unless otherwise explicitly permitted by these Terms, under Company’s direction or instruction, or by law. Without limiting the foregoing, you may not reproduce any Content or create copies of Content via any means, including, without limitation, by reproducing on any physical or digital media (such as CDs or digital audio or video files) or uploading the Content to any peer-to-peer or torrent website or service. Any unauthorized activities that infringe upon the intellectual property rights of Company, or its affiliates, is expressly prohibited, and all rights in and to the Content are expressly reserved. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any Content without the express written permission of Company, or its affiliates. Any unauthorized use of the Content, except as explicitly authorized by these Terms, is strictly prohibited and may subject you to civil liability under copyright laws, trademark laws, the laws of publicity or privacy, and other civil and criminal statutes, rules, or regulations.
Company welcomes your interaction on the Site, and you may be able to submit materials to Company regarding the same. By submitting any user generated content, comment, feedback, materials, or submissions (together, a “Submission”) through the Site or otherwise, such as emailing feedback concerning the Site to Company, Company will be deemed the exclusive owner of each Submission and you assign all rights that you have in and to each Submission to Company. Each Submission will remain the exclusive property of Company, including, without limitation, exclusively owning any copyrights in and to the Submission throughout the universe, in perpetuity. Company will be free to use the Submission for any purpose, without any obligation or liability to you whatsoever, including, without limitation, the right to adapt, create derivative works, display, distribute, or publish the Submission in all media. If you wish to keep a Submission private or proprietary, please do not transmit any Submission to Company or share any Submission with others.
Company’s name, logo(s), and overall brand, including, without limitation, Music Tastes Good™, are protected under the trademark laws of the United States and/or the various states. Additionally, you may not use other trademarks, logos, and service mark(s) of Company’s affiliates, licensors, and partners that may be found on the Site without Company and/or such affiliates, licensors, and partner’s prior written permission.
Company may add, change, discontinue, remove, or suspend the Site at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content or Submissions, at any time in Company’s sole discretion. Typically, Company will remove Content or Submissions that are illegal, obscene, threatening, insulting, defamatory, or invasive of privacy.
Company may collect personal information (information that Company can use to identify or contact you, such as your name, address, telephone number, or email address) when voluntarily submitted by you to Company, including, without limitation, through registering for an Account, conveying a Submission, or downloading Company’s mobile applications. In order to provide you with the Site and Company’s associated services, Company may share your personal information with certain authorized third parties (“Authorized Third Parties”) who are authorized to act on behalf of the Company in connection with the Site, Company’s services, and/or Company’s business operations. Company’s agreements with any such Authorized Third Parties will restrict the use of personal information for the purpose of performing services on Company’s behalf and keep all information confidential.
Company will not use, sell, transfer, or otherwise disclose any personal information collected without your consent, except as follows: Company reserves the right to disclose any information in order to comply with any subpoena, court order, administrative or governmental order, or any other requirement of law, or when Company, in Company’s sole discretion, believes it is necessary in order to protect Company’s rights or the rights of others, to prevent harm to persons or property, to prevent fraud, investigate actual or suspected security breaches, for any matter involving a claim of personal safety or litigation where personal information is relevant, or as otherwise expressly stated herein. If you do not want Company to collect or use your personal information as provided herein, you should not use any specific page, feature, tool, or application of the Site or purchase tickets to an Event.
In the event that any personal information is collected, Company will retain your personal information as long as needed to provide the Site to users and for Company’s other business purposes, but Company does not guarantee that Company will retain your Personal Information for any specific period of time, except as may be required under certain applicable laws. Please contact [email protected] to request Company to remove or otherwise delete any personal information that has been collected, if any. You should be aware that it may not be reasonably possible to remove each and every record of the information you have provided to Company from Company’s servers. Company will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes, and enforce Company’s agreements. Company may transfer any personal information collected as an asset in connection with a proposed or actual merger of the Company (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of Company’s business, or as part of a corporate reorganization or other change in control of the Company.
It is Company’s goal to make your purchasing experience easy and efficient so Company can get you on your way as quickly as possible. Company has partnered with Ticketfly for ticket fulfillments to Events. You will be redirected to Ticketfly’s website or mobile application (individually and collectively, the “Ticketfly Site”) to complete all purchases. Please be advised that you will be subject to all of the terms and conditions contained on the Ticketfly website or mobile application regarding ticket purchases, including, without limitation, all credit or debit card processing, service fees, ticket delivery provisions, and maximum ticket purchase allotments. Additionally, and as aforementioned, once you purchase a ticket to an Event, you agree to unconditionally accept and agree to be bound by the Terms. Subject to your full compliance with all of the Terms, through purchasing a ticket to an Event, Company grants you a limited license and permission to attend an Event.
Please be sure to carefully review any tickets you are viewing and or purchase, including, without limitation, any seat selections, prior to purchase, as after purchase, the tickets may not be refundable. Additionally, please be sure to carefully review any car parking or transportation requirements of the facility or venue of an Event, such charges, if any, being solely your responsibility. Admission tickets are valid for the dates specified thereon. In the event that you wish to return or exchange your tickets, please contact Company so that Company may determine your eligibility for a refund or exchange. All refunds or exchanges are subject to Company’s sole discretion. Additionally, you may be charged a refund or exchange fee on a per ticket basis or not be refunded certain amounts, including, without limitation, third party service fees.
Company does not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), and Company recommends that you purchase tickets directly through Company, authorized partners, such as Ticketfly, or from the venue box office to ensure ticket authenticity. You acknowledge that the unlawful resale (or attempted resale), counterfeit or copy of tickets to an Event may be grounds for seizure and cancellation without compensation. Certain maximum resale amounts and restrictions may apply in some states and Company cannot be responsible for providing legal advice regarding resale or pricing of tickets. You acknowledge and agree that in the event that you resell tickets, you do so at your own risk and are responsible for complying with all applicable ticket resale laws.
Company reserves the right to restrict or deny ticket purchasing privileges to anyone that Company determines to be, or has been, in violation of the Terms.
Company, and the facility or venue of any Event, reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct Company, or its affiliates, licensors, and partners deems disorderly, who uses vulgar or abusive language, engages in any illegal or obscene activities, or who fails to comply with Company, venue, or other applicable rules or law, whether local, state, or federal, including, without limitation, the Terms. The breach of any such rules or law will terminate your license to attend an Event without refund and your permission to access the Site.
Company seeks to maintain a safe and welcoming environment at all Events. Company therefore strictly prohibits the possession, transportation and use of certain items and materials at the Events. You and your belongings may be searched upon entry to an Event, as well as during an Event. You consent to such searches and waive any related claims that may arise related thereto. If you elect not to consent to such searches, you may be denied entry, or ejected from, an Event without refund or other compensation. Under certain Company, facility or venue rules, certain items may not be brought onto the premises, including, without limitation, weapons, firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles, and containers. Company is not responsible, nor liable to you, for any confiscated materials in connection with your attendance at an Event. You acknowledge and agree that you assume all risk for any materials that you bring to an Event.
You accept and agree to abide by all of the Terms herein and you represent and warrant that you are not , and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age, and that if you are under 18, you may not, under any circumstance, create an Account. You agree to observe any additional posted rules and warnings at any facility or venue of an Event and to follow any instructions given by Company or venue personnel and to abide by the decision of any Event official relative to your attendance at an Event.
You agree that if you choose to consume alcoholic beverages, you will do so responsibly and only if you are over the age of twenty-one (21) years old. All liquor vendors retain the right to discontinue alcoholic service to you as required by law.
You accept and agree that any Event for which you purchase tickets to is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to Company and its affiliates, licensors, and partners to utilize your name, image, likeness, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, an Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. Without limitation, the foregoing includes, without limitation, live video recordings of musical artists performing at an Event for intended broadcast on the Internet or other broadcast outlets. You also accept and agree that before, during or after an Event, you will not take any photographs, audio recordings, video recordings, or live video recordings of musical artists or any other performer, including, without limitation, any chef or associated personnel, performing or rendering services at an Event for commercial transmission, distribution, exhibition, publication or reproduction of any kind.
You accept and agree that Company may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. Company may take any legal action that Company determines is appropriate.
You agree that your use of the Site, including, without limitation, uploading or posting any Submission to the Site, will not violate any law or regulation, including, without limitation, copyright laws, trademark laws, patent laws, trade secret laws, and publicity and privacy laws, or interfere with any third party’s use and enjoyment of Site. You warrant and represent that you have all necessary licenses, rights, consents, and permissions to Submissions. It is strictly prohibited to post or transmit any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site.
You represent, warrant, and agree that you will not, via the Site or otherwise: cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, computer software, hardware or telecommunications equipment; upload, post, host, transmit Submissions, unsolicited emails, “spam” messages, worms, or viruses or any code of a destructive nature; contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted; access the Site through unpermitted automated means; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company or its affiliates, licensors, and partners.
Unless otherwise agreed to by and between Company and you, you are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site.
You acknowledge and agree that some Content is subject to restrictions imposed by Company’s affiliates, licensors, and partners and these Content providers may require additional terms and conditions for the use, access, or viewing, of such Content, such as hosted Company videos on YouTube. You agree that your use of the Site shall be subject to all of these additional terms and conditions. You agree to not remove any copyright, trademark, or other legal notices that accompany any Content accessible or downloaded via the Site. In certain cases, available Content may become unavailable due to restrictions from such third parties. Company will have no liability to you for any such unavailability.
Company may, from time to time, use various technologies to verify your compliance with the Terms and you consent to Company using any monitoring or other technology associated with monitoring your access to the Site.
You acknowledge that you may not use the Site in any other way not expressly stated herein or approved in an advance writing by Company. Company explicitly reserves all rights not specifically contemplated herein which relate to the Site and/or any Event.
Company follows commercially reasonable technical and management practices to help protect the confidentiality, security, and integrity of data stored on Company’s system. While no computer system is completely secure, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. Company’s use of security measures to protect against loss or misuse of your information, if any, are kept on Company’s system to keep it secure. Additionally, only authorized employees and third parties who need access to your information in order to perform their duties are allowed such access.
Notwithstanding anything to the contrary contained herein, you knowingly, freely, and voluntarily assume all risks and dangers incidental to the Event for which the ticket is issued, whether occurring before, during or after the Event live event, including, without limitation due to any acts, inactions, or omissions of others, including Company or venue staff or volunteers, use of strobe lights as part of a performance, food allergies, and the effect of weather, heat, or humidity. Without limiting the foregoing, you understand that objects may be thrown or otherwise cast into spectator areas during an Event and injuries can occur. Company urges you to stay alert at all times before, during, and after an Event. If struck, please immediately seek attention at a medical station at the Event or seek a Company representative to further assist you.
The Site is made available “as is” and “with all faults.” Use of the Site and attendance at the Event is entirely at your own risk and you should use your best judgment and exercise caution while using the Site or attending the Event. Company does not monitor all Content found on the Site for offensive, indecent, objectionable, obscene, or unlawful Content and is not liable to you for any offensive, indecent, objectionable, obscene, or unlawful Content. You acknowledge that through Company providing you with access to the Site, Company is not undertaking any obligation or liability relating to the Content. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions, and that Company is not liable to you for any such defect.
You understand that the Site or signage posted at the Event may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company strives to provide accurate descriptions of all products and services; however, Company does not warrant the description of all products and services are complete, error-free, or accurate. Company shall have no liability to you for any inaccurate information provided on the Site or at an Event. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at: [email protected] For the avoidance of doubt, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement and Company explicitly does not warrant that the Site, its Content, or the Event will meet your requirements.
Company, and its affiliates, licensors, and partners, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which are in any way related to the Site, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company, or its affiliates, licensors, and partners, have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Site, the Event or with any of these Terms, or feel Company has breached these Terms, your sole and exclusive remedy is to discontinue using the Site, if applicable delete your Account, and not attend an Event.
Without limitation, you waive any claims or damages that you, and any accompanying minor, may or actually have against Company, Company’s affiliates, licensors, and partners, facilities, artists, vendors, other participants, and all of the foregoing’s respective parents, affiliated entities, agents, officers, directors, owners and employees in connection with any Event, for any personal injury, death, property damage, unauthorized access to the Site (via an Account or otherwise), any claims in connection with use of the Site (such as defects, errors, omissions, or mistakes), disclosure of personal information stored on any Company server or Company’s affiliates, licensors, and partner’s respective servers, any lost, stolen, or damaged tickets or the failure of the venue of facility from honoring a ticket, and any other breach of the Terms by you, of any nature whatsoever, regardless of legal theory, including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR AN EVENT IS TO STOP USING THE SITE AND TO NOT ATTEND THE EVENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS, YOUR USE OF THE SITE, AND YOUR ATTENDANCE AND ACTIVITIES AT THE EVENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU HAVE PAID COMPANY FOR TICKETS TO A GIVEN EVENT.
You agree to indemnify Company, and its affiliates, designees, licensees, members, managers, directors, officers, employees, agents, attorneys, contractors and licensors (collectively, the “Indemnitees”) against all claims, actions, suits, and other proceedings arising out of or incurred in connection with these Terms, including, without limitation: (i) your use of the Site in violation of the Terms; (ii) in regards to your attendance at an Event; and (iii) pursuant to your breach or alleged breach of your representations or warranties made hereunder (“Claims”). You shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. This indemnification obligation shall survive these Terms and your use of the Site or attendance at an Event. Company reserves the right to take over the exclusive defense of Claims for which Company is entitled to indemnification, and in such an event, you shall provide prompt and reasonable cooperation to Company.
All Events are rain or shine. You bear all risks of inclement weather or other force majeure circumstances. Occasionally however, Events need to be canceled or postponed and should this occur, Company will attempt to inform you in advance or refund or exchange your tickets. In the event that an Event date is moved or rescheduled, Company may set refund limitations in Company’s sole discretion. Notwithstanding the foregoing, no refund or exchange will be extended or owed if a non-headlining “opening” act cancels at an Event for any reason and Company reserves the right to make changes to advertised food and entertainment offerings or featured participants, and/or to abandon any Event without notice or liability for such damage. Refunds will be subject to Company’s discretion and any applicable third party agreement with a Company affiliate, licensee, or partner, including, without limitation, Ticketfly’s terms and conditions regarding ticket purchasing found on the Ticketfly Site. Company will reasonably assist you in the unlikely event that you are having difficulty receiving an approved refund or exchange.
In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Promotion”) made available by Company through the Site, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those terms and conditions. Company urges you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
The Terms represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Site and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms which by their nature should survive termination or expiration, shall survive termination or expiration.
The Terms are written in English (USA). You acknowledge and agree that the English (USA) version of the Terms found on the Site, specifically at www.mtglb.co/terms shall be the controlling version of the Terms in the event of a discrepancy, and shall exclusively govern the entire relationship between Company and you.
By accessing, viewing, or using the Site, or purchasing tickets to or attending an Event, you consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of California applicable to contracts entered into and performed within the State of California and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. Any dispute related to the Terms shall be exclusively resolved in the state and federal courts located in Los Angeles County, California. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation of the breach of the Terms by you will result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief.
Use of the Site is governed by the certain laws of the United States and the State of California, as discussed herein. If you use the Site outside of the United States, please be aware that any information Company, or Company’s affiliates, licensees, or partners collects may be transferred to, stored, and/or processed in the United States.
All legal notices pursuant to the Terms, or attendance at an Event, shall be in writing and shall be given by email to Company at: [email protected] and via mail to Music Tastes Good, LLC, 635 Pine Ave., Long Beach, CA 90802. By using the Site, purchasing a ticket, or attending an Event, you agree that any notice due under the Terms that Company sends you electronically will satisfy any legal communication or notification requirement.