TERMS AND CONDITIONS OF USE
Effective Date: September 21, 2017
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING CONTRACT.
Welcome to http://www.ultramusicfestival.com (the "Site").
Ultra Enterprises Inc. and its subsidiaries and affiliates (“Ultra,” “us”, “we,” “our”) provide website access, features, content and services to you subject to the following Terms and Conditions of Use (the “Terms”). The Terms govern your use of, and access to, the Site, as well as any of our affiliated websites (together with the Site, the “Sites”) and any services, features and content offered by us on or through the Sites (the “Services”). You may use the Sites and Services only on the condition that you abide by these Terms. Therefore, it is crucial that you read and comprehend these Terms.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. Any continued use of the Sites and/or the Services implies that you have read and consent to the Terms (and all other policies set forth on the Sites) without limitation or qualification. If you do not agree to the Terms, such policies, or any modifications thereto, please do not use the Sites. Additionally, as a condition of your use of the Sites, you represent and warrant to us that YOU WILL NOT USE THE SITES, ANY CONTENT ON THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THESE TERMS.
By using the Sites and/or the Services, you are representing you are 18 years of age or older and are legally capable to enter into contracts. If you are under 18, you may use the Sites and/or the Services only with the involvement of a parent or guardian. We will not be liable for any damages that may result from the misrepresentation of age by a user of our Sites and/or Services.
MODIFICATION OF THE TERMS
We reserve the right 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 Sites and/or the Services after changes have been posted constitute your acceptance to those changes. It is your responsibility to review the Terms and applicable policies periodically for changes.
All text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, software and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement thereof, contained on the Sites and/or the Services is owned or controlled by us, or licensed to us, and is protected by trade dress, 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 Sites and/or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
YOU MAY NOT copy, use, republish, download, post, publically 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. Nothing on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Sites or on, or through, the Services, without the prior express written permission of the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. 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.
The Site provides news and other information for all things Ultra!
On the Site you will be able to:
- Find the latest news and information about Ultra Music Festival;
- Create an Ultra Passport Account;
- Register to receive priority access to purchase Ultra Music Festival (the “Event”) tickets;
- Watch a live stream of certain performances occurring during the Event (the “Live Stream”);
- Purchase tickets to Ultra Music Festival; and
- Participate in contests, sweepstakes, surveys, forums and other interactive features.
NEWS AND INFORMATION
While we try to provide you with the most up-to-date and accurate information, we do not guarantee, and explicitly disclaim any responsibility for the accuracy, availability or currentness of information and other Content available on the Sites and/or the Services, or any websites that link to or from the Sites and/or the Services.
Here’s how it works for the 2018 Ultra Music Festival:
GA Tier 1, GA Tier 2 and VIP Tier 1 tickets are currently sold-out.
GA Tier 3 tickets are offered at a corresponding discounted rate only to those individuals who have registered via the Site, pending ticket availability. There are a limited number of GA Tier 3 tickets that will be available at $349.95*.
Registrants will receive a unique code via e-mail to the e-mail address the registrant provided to us that allows them to unlock GA Tier 3 tickets once the sale begins, pending ticket availability. Once GA Tier 3 tickets are sold out, registrants may purchase GA Tier 4 tickets at $379.95*.
REGISTRATION DOES NOT GUARANTEE A GA TIER 3 ticket. All tickets, including GA Tier 3 tickets, are sold on a first come, first serve basis. However, you will not be able to access GA Tier 3 ticket prices without registering on the Site. GA Tier 4 tickets will be available, in limited quantities, at $379.95* and VIP Tier 2 tickets will be available, in limited quantities, at $1,499.95* to those who have not registered.
(*Prices subject to availability and do not include shipping charges, service charges, state taxes and fees || Rain or Shine || All Sales Are Final || Standing Room Only || Lineup Subject to Change || Ages 18+ Only (VIP 21+))
LIVE STREAM OF ULTRA MUSIC FESTIVAL
During the Event, the Live Stream will be available on the Site via an embedded video player.
Ultra and/or third parties own and retain all rights to the Live Stream. Subject to your compliance with the Terms, Ultra 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.
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 Ultra 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 Sites and/or the Services that prevent or restrict use or copying of the Live Stream or other materials and Content contained on the Sites and/or the Services (including without limitation, all audiovisual content). 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 or DRM mechanism, 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.
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 Ultra has sole control over which performances will be available.
As part of the Services, we may provide interactive tools such as email services, bulletin boards, discussion forums and tools that enable you to communicate with us or other users of the Site (the “Communication Services”). You are solely responsible for all information, opinions, descriptions, photos, profiles, graphics, videos, tags, messages, comments, texts and all other information and materials that you upload, publish, privately transmit or otherwise share through the Communication Services (the “User Content”), so please do not share or post any private or confidential information or materials. We cannot guarantee that other users will not use the ideas or other information you share. We reserve the right, without limiting any other rights or remedies available to us, to edit or remove any User Content from any of the Communication Services at any time and for any reason without your consent or notification.
You represent and warrant that your User Content:
- Will not defame, harass, harm or threaten any users or any other third party;
- Will not advocate or incite any illegal activity;
- Will not contain any false, inaccurate or misleading information, materials or links to websites;
- Will not contain any materials, information, or links to websites that infringe or violate the rights of any third party, including, without limitation, any third party’s copyright, patent, trademark, trade secret, rights of publicity, rights of privacy, or that violate any other laws or regulations;
- Will not contain any private information of any third parties;
- Will not contain any viruses, trojan horses or other harmful codes or programs that may damage the operations of any system or unlawfully intercept data or personal information;
- Will not impersonate another person or entity or falsely claim an affiliation with any person or entity; and
- Will not advertise, solicit or attempt to sell any products or services or attempt to use the Communication Services for any commercial purpose or make available any unsolicited or unauthorized advertising or promotional materials. You shall not collect, attempt to collect or store any personal information of others through the Communication Services.
By submitting User Content through any of the Communication Services, you grant us an irrevocable, perpetual, non-excusive, royalty free, freely transferrable, sublicensable, worldwide license to use, copy, sell, publically display, transmit, publically perform, create derivative works of, reformat and distribute your User Content for any purpose without compensation to you.
Ultra is not liable for the contents of any User Content made available through the Communication Services and has no responsibility to monitor or evaluate the User Content. You understand that by visiting the Sites or using the Services, you may be exposed to content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Ultra be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of the Sites or the Services.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Sites or Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Ultra, including to enforce the Terms. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
We do not intend to create or imply any endorsement of any of the User Content nor do we verify or vouch for such content.
DMCA NOTIFICATION AND TAKE DOWN PRODECURES
It is our policy to block or remove any User Content and other materials on the Sites and/or made available on or through the Services that we believe in good faith infringes the intellectual property rights of others.
If you are a copyright owner who believes that your rights have been violated by any materials, content or information on the Sites and/or made available on or through the Services, please send a notice containing the following information to the Designated Agent listed below:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Sites and/or the Services;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ultra to locate the material;
(iv) Information reasonably sufficient to permit Ultra to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification, we will remove or disable access to the infringing material and notify the user that it has removed or disabled access to the material.
If the user believes in good faith that the material that was removed is either not infringing, or that the user has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:
(i) A physical or electronic signature of the user;
(ii) Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
(iii) A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
(iv) The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Ultra is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it may be restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
It is our policy to terminate repeat infringement offender’s access to the Site and the Services, and we reserve the right to do so.
Please contact our Designated Agent at the following address:
201 S. Biscayne Boulevard, Suite 800
Miami, Florida 33131
or email email@example.com
SWEEPKSTAKES, CONTESTS, SURVEYS
TICKETING WEBSITE URL
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 UNDERAGE.
WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS
Ultra reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Sites and/or the Services, in its sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Sites and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend or terminate your access to the Sites and/or the Services, including the deletion of your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Sites and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms, including blocking IP addresses.
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Sites and/or the Services, or any portion thereof.
When you visit the Sites, use the Services 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 Sites. 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 Sites or any of our affiliated websites are non-confidential.
Any comments and feedback can be sent to firstname.lastname@example.org.
All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Sites and/or the Services, such as your suggestions regarding improvements that we make to the Sites and/or the Services (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.
To use certain features of the Sites and/or the Services, you may be directed to register and/or create a user profile or account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.We will take commercially reasonable security precautions to ensure information you provide to us is safe, but no measures are completely secure. Therefore, we cannot guarantee the security of any information you provide to us on or through the Sites and/or the Services at any time.
As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Ultra for purposes of creating an Account or otherwise registering (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of the Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
In registering and/or creating an Account, YOU SHALL NOT: (a) select or use the email address or user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an email address or user name that is profane, offensive or otherwise inappropriate; or (d) allow any other party to use your Account and/or password except as set forth herein.
YOU MAY NOT SHARE OR TRANSFER YOUR ACCOUNT. You may not disclose your password to anyone. You agree to immediately notify Ultra by sending an email to email@example.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Ultra is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion at any time, for any reason, without notice. For example, if we have reasonable grounds to suspect your Account Information is fraudulent or inaccurate, we may suspend or terminate your account and refuse any and all current or future use of the Sites and/or Services.
Ultra will not be liable for any damages or loss resulting from the removal of any User Content from the Sites and/or the Services. You may cancel your Account at any time and cancellation will take effect immediately. Ultra reserves the right to temporarily or permanently restrict or block access to the Sites and/or the Services to any users who have had their Accounts cancelled.
LIMITED LICENSE TO USE SITE AND SERVICE
Subject to these Terms, you are granted a limited, non-sublicensable right to use and access the Sites and the Services and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Sites and Services or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Sites and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Sites and the Services (including the images found on the Sites or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Sites and Services remain the sole property of Ultra.
Any unauthorized use of the Sites and/or the Services terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Ultra, the Sites, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter or does not otherwise create an implication of endorsement by us. You may not use Ultra’s name, likeness, logo(s) or other proprietary graphic(s) or trademark(s) as part of the link without express written permission. If you place a link to the Site(s) on a third party website, you must adhere to Ultra’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Ultra and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Ultra; (iii) when selected by a user, the link must display the Site(s) on full-screen and not within a frame on the linking site; and (iv) Ultra reserves the right to revoke its consent to the link at any time and in its sole discretion.
THIRD PARTY CONTENT AND SERVICES
The Sites and Services are operated from the United States. We do not represent or warrant that the Sites and/or the Services (or any part thereof) are appropriate or available for use in any particular country other than the United States. In choosing to access the Sites and/or the Services you do so at your own risk, and are responsible for complying with all local laws, rules and regulations.
IF YOU ARE A USER ACCESSING THE SITES AND/OR THE SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITES AND/OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
DISCLAIMER OF WARRANTIES
THE SITES AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ULTRA MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES, AND/OR THE SERVICES IS AT YOUR SOLE RISK. ULTRA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE SITES AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITES AND/OR THE SERVICES.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Ultra or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Sites or Services, your use of the Sites and/or the Services available on our Sites or Services, even if Ultra and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites and/or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Sites or Services, the software, unauthorized access to or alternation or your transmissions of data, statements or conduct of any third party on the site, any other matter relating to the Sites or the Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
ULTRA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE STATED, YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITES AND/OR THE SERVICES.
You agree to defend, indemnify and hold Ultra, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Sites and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Sites and/or Services.
GOVERNING LAW; JURISDICTION
The Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to choice of law principles. All disputes arising out of or related to your use of the Sites and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida and you agree to submit to the personal jurisdiction of such courts.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ultra as a result of the Terms or your use of the Sites or the Services.
Assignment. Ultra may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Ultra’s express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: firstname.lastname@example.org, unless otherwise specified herein.
Equitable Remedies. You hereby agree that Ultra would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
All questions and concerns regarding the Terms should be directed to email@example.com.
ULTRA MUSIC FESTIVAL
PAYMENT PLAN FOR 2018 EVENT
TERMS AND CONDITIONS
This is a legal agreement ("Agreement") among you and Event Entertainment Group, Inc., a Florida corporation and its subsidiaries, affiliates, designees, successors and assigns (collectively "Ultra", and sometimes referred to as “EEG”, “we”, “us” or “our” and we may be contacted at c/o Law Center of the Americas, LLC, 201 South Biscayne Boulevard, Suite 800, Miami, Florida 33131. By accessing this web site, currently located at www.ultramusicfestival.com (the "Site"), and by using the Services (as defined below) accessible through the Site, you agree to, and shall be bound by, the terms and conditions of this Agreement for as long as you continue to use the Site and/or the Services. IF YoU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE AND/OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such additional terms will be either listed in this Agreement or will be presented separately to you for your acceptance when you register to use such Services. Our Services include the following, without limitation: the processing of ticket reservations in conjunction with payment plans and payment ticket purchases (through our ticket processing partners) for upcoming events produced or presented by Ultra, its licensees or other authorized agents as announced from time to time on the Site, participation in Ultra’s Payment Plan (as processed directly through our ticket and payment processing partners) relative to ticket purchases and registering for the receipt of electronic mail marketing, press releases, news, newsletters and other communications and information relating to Ultra’s Services (the “Services”). Ultra may offer additional Services or may revise, cancel or discontinue offering any of the existing Services, at its sole and absolute discretion, from time to time, with or without advanced notification to you and this Agreement shall apply to all such additional or revised Services, where applicable. Ultra also reserves the sole and absolute right to cease offering any or all of the Services referenced herein at any time. Please review this Agreement carefully, including the Arbitration provision in Section 10, which describes how Disputes (as defined below) shall be resolved between us, and which specifically provides that no class actions suits shall be brought under, or otherwise relative to, this Agreement. You acknowledge and agree that this Agreement is subject to change by Ultra in its sole and absolute discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or participation in the Services offered, after the posting of revisions by us to this Agreement, will constitute your agreement to and acceptance of such revisions.
1. The Payment Plan. As a convenience, Ultra is offering on a limited basis, and to a limited number of participants, the option to first reserve, then later purchase General Admission tickets to the upcoming 2018 Ultra Music Festival (the “Payment Plan”) in installments and over a fixed period of time as specified and pursuant to applicable terms and conditions. Specifically, your purchase will be broken into payments of $131.31 which shall be made prior to November 1, 2017, $131.32 due on November 1, 2017 and $131.32 due on December 1, 2017, with the full shipping charge up to $14.95 for U.S. transactions added to the first payment. International shipping charges vary and may be higher than $14.95. There will also be a convenience charge of $9.95 per order added to your first payment for the use of this service. The payments listed above do not include service charges, state taxes and fees. If, for any reason, any of your payments are declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY: (i) your order and your ticket reservation will be permanently and officially cancelled, following our email notification to you of the failed payment attempt(s) and following an opportunity by you to update the credit card information on file within 10 calendar days of our initial notification(s) of such payment failure; (ii) we will retain a $99.95 restocking fee; (iii) the remaining portion of the initial deposits or prior payment(s) made by you shall be refunded back to the credit card on file for the payment plan order; and (iv) no other payment plan tickets may be purchased under the cancelled account. You acknowledge and agree that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your participation in the Payment Plan operates only as a ticket reservation and not as an actual ticket purchase. During the term of the Payment Plan, your ticket order will be reserved until final payment is made, and ONLY at such time, shall your tickets be deemed to have been officially purchased and shall then be scheduled for delivery in accordance with our standard shipping, delivery and pick-up rules, terms and conditions.
2. Transaction Information. ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH.
3. Ticketing and Payment Processing.The Payment Plan shall be administered by TICKETSTODAY LLC, our authorized ticketing administrator and payment processor and as a Third Party Processor, as that term is later defined herein. All inquires relating to either Payment Plan transactions as processed by TICKETSTODAY or to your participation in the Payment Plan must be directed to TICKETSTODAY for handling. TICKETSTODAY can be contacted using the below information:
722 Preston Ave
Charlottesville, VA 22903
9:00am-6:00pm (EST Monday-Friday)
4. Eligibility Requirements.
In order to participate in Ultra’s Payment Plan, you must be at least 18 years of age or older. Registration for, and use of, the Payment Plan Services shall be void where prohibited and participation in Ultra’s Payment Plan shall only be available to online users. You may only participate in the Payment Plan if you intend to first reserve and later purchase your tickets using your credit card via our online systems.
5. Selection of Payment Participants.
Only a limited number of general admission tickets shall be made available for Ultra’s Payment Plan and individuals eligible to participate in the Payment Plan shall be determined on a first-come first-served basis. Ultra may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Payment Plan, terminate or discontinue offering the Payment Plan Service.
6. Data Provided To Third Party Sites, Links.
Ultra’s Services, including the Payment Plan, may contain links to web sites of third-parties. By virtue of your participation in Ultra’s Payment Plan, you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent ticket processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors
”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Ultra and that Ultra is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ Terms and Conditions or to their websites. You additionally acknowledge and agree that all Third Party Processors may subject you to additional terms and conditions in addition to those set forth in this Agreement. Although Ultra and its Third Party Processors may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Ultra and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Ultra will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.
7. Disclaimer of Warranty.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ULTRA PROVIDES THE SERVICES ON AN "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. ULTRA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE OR THAT THE SERVICES PROVIDED BY THIRD PARTY PROCESSORS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ULTRA DISCLAIMS ON BEHALF OF ITSELF AND ITS THIRD PARTY PROCESSORS ANY AND ALL LIABILITY FOR, AND NO WARRANTY IS MADE BY ULTRA WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR ITS OVERALL USEFULNESS. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.
8.Limitation of Damages.
IN NO EVENT WILL ULTRA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES PROVIDED ON THIS SITE OR SERVICES PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF ULTRA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL ULTRA'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY SERVICES OR THE SITE, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
You agree to indemnify, defend, covenant not to sue, and hold harmless Ultra and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim regarding (i) your use of or inability to use Ultra’s Payment Plan, its Site or its Services, (ii) Ultra’s discontinuation of the Payment Plan service; (iii) your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Payment Plan, or (iv) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct. Notwithstanding the foregoing, Ultra further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Ultra in asserting any available defenses.
10.Arbitration of Disputes.
You and EEG agree that any disputes arising from or relating to the Site, the Services, the Payment Plan, or any relationship or dispute between you and EEG or you and Ultra or you and any company or person employed by or which is affiliated with either EEG or Ultra, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute
”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code to the maximum extent permitted by applicable law. In no event shall you commence a chargeback dispute with your credit or debit card issuer relative to the Services purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Ultra shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the U.S. District Court in the Southern District of Florida or in any Florida court of competent jurisdiction with venue lying in Miami-Dade County, to the exclusion of all other forums. This contract shall be governed and construed in accordance with the laws of Florida, excluding Florida’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Florida, excluding Florida’s choice-of-law principles.
11. Right to Seek Injunction.
Violation of this Agreement by you shall cause Ultra irreparable harm, and you therefore agree that Ultra will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Ultra may have for a breach of this Agreement.
. This Agreement, which you accept upon use of the Site and/or the Services (including the Payment Plan), comprises the entire agreement between you and Ultra regarding the use of the Site and/or the Services and which supersedes any prior agreements between you and Ultra related to your use of the Site and/or the Services. To the extent that FAQ's are found on the Site relative to the Services being provided hereunder, such FAQ’s are for informational purposes only and shall not be deemed to be part of this Agreement. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of your use of the Site or the Services. The failure of Ultra to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
14. Revision Date.
This Agreement was last revised on September 21, 2017.
Copyright © 2017 Ultra Enterprises Inc. All RIGHTS RESERVED.