Terms & Conditions
There are certain terms and conditions in place for using our website and attending our events outlined below.
Welcome to the website of The River and Blues Festival (the “Festival”). This website or mobile application is owned and operated by River and Blues, LLC (the “Company,” “us,” “our,” or “we”).
DESCRIPTION OF SERVICE
THIRD-PARTY SERVICES AND CONTENT
Our Digital Services are intended primarily for informational purposes. We enable you to inquire about the various services and events promoted or hosted by Company and certain third parties. We may also provide links for you to purchase tickets through third-party ticketing services, some of which may be operated by a third-party, not Company.
MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICES
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use our Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to:
(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of our Digital Services or solicit personal information from any individual;
(3) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(4) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Company in its sole discretion;
(5) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(6) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(7) disrupt or interfere with the security or use of the Digital Services or any websites or content linked to them;
(8) interfere with or damage the Digital Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services;
(9) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Company, our any third party, or create or use a false identity;
(10) attempt to obtain unauthorized access to the Digital Services or portions thereof that are restricted from general access;
(11) use any meta tags or any other “hidden text” utilizing the Company’s (or any third party partner or sponsor’s) name, trademarks, or product names;
(12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services;
(13) engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; or
Further, without our written consent, you may not:
(1) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Company content or any use of or access to the Digital Services;
(2) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Digital Services or monitor or copy our web pages or the content contained thereon;
(3) deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, RELATED TO OUR DIGITAL SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Digital Services, or other use of our Digital Services in a manner not permitted by these Terms and Conditions, including without limitation your actual or alleged violation of these Terms and Conditions, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Company with all rights reserved. In some cases, such content may be licensed to Company by third parties. This content is protected by the intellectual property rights of Company or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of U.S. federal courts, whether such content is registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Company.
PERMITTED USE OF THE CONTENT
Any use of content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third-parties which is available on the Digital Services, without the express consent of those third parties.
LINKS TO THE DIGITAL SERVICES
You are hereby licensed to create hyperlinks to content on the Digital Services, provided that the hyperlink accurately describes the content to which it links. If you include links to our Digital Services on your website, when the link is clicked, the applicable page within our Digital Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Digital Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Company.
Under no circumstances may you “frame” all or any portion of the Digital Services or copy portions of the Digital Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
MOBILE DEVICES & THIRD-PARTY RESTRICTIONS
If you access our Digital Services on mobile devices, you understand that your mobile carrier’s standard charges will apply.
If you believe that any content on our Digital Services violates these Terms or is otherwise inappropriate, please report the content by completing the Contact Us form on our Digital Services, or send an email to firstname.lastname@example.org
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on our Digital Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact Company’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
(1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(2) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
(3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(5) a description of the infringing material and the URL where such material is located on the Digital Services, or a description of where on our Digital Services you found such material;
(6) your written statement that you believe, in good faith, that the use of the work on our Digital Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(7) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
By Mail addressed as follows:
River and Blues, LLC
804 S Main, Suite 200
Fort Worth, TX 76104
Email: email@example.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Company to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Digital Services, including without limitation blog comments, message board posts, and any other content which does not originate with Company (“User Content“), is the sole responsibility of the person who made such User Content available on the Digital Services. Under no circumstances will Company be liable in any way for any User Content made available through this Digital Services by you or any third party. Since Company does not control the User Content posted on the Digital Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Digital Services, you may encounter content that you may consider to be objectionable. Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Digital Services.
User Content is owned by the author thereof, and Company does not claim ownership of original works created and posted by individual visitors to this Digital Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Digital Services, you are granting Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Company reserves the right (but has no obligation) in its sole discretion to prescreen, edit, refuse, move or remove any User Content that is posted on the Digital Services. You agree that the exercise by Company of such discretion shall not convert or transform User Content to content owned or provided by Company, and the user who made such User Content available on the Digital Services will retain ownership thereof as described below.
As required by applicable, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Digital Services. To request the removal of content or information you have posted on our Digital Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Digital Services.
PROVIDING FEEDBACK TO COMPANY
We welcome your comments and feedback about our Digital Services. All information and materials submitted to Company through the Digital Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Digital Services or the business of Company (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NONPROPRIETARY with regard to you, but Company reserves the right to treat any such Feedback as the confidential information of Company.
By submitting Feedback to Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
Any dispute arising out of or relating in any way to your use of our Digital Services or any products, services, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Fort Worth, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms and Conditions may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Fort Worth, Texas, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. You are encouraged to check this page regularly for changes to the Terms and Conditions. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms and Conditions.
USE OF ATTENDEE’S IMAGE AND LIKENESS
Attendee grants the Event producer (and its designees) the right to include Attendee’s image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or consent.
EVENT’S INTELLECTUAL PROPERTY
The Event producer owns the trademarks, imagery, name, likeness, and trade dress of the Event (collectively, the “Event Intellectual Property”) and does not permit the use of the Event Intellectual Property by third parties without prior written consent. Attendee agrees not to make use of the Event Intellectual Property except for nominative fair use or without prior written permission from the Event Producer.
AUDIO / VIDEO RECORDING RESTRICTIONS
The Event producer retains all webcast/Internet rights to the Event. Any live content, whether for Internet or otherwise, from the Event must be specifically agreed to in advance with the Event producer. No one may transmit, broadcast, or communicate any live audio or visual image from the Event site without the Event producer’s prior written permission. This prohibition includes use of any service which broadcasts to the Internet. Even if you are a performer or sponsor, recording broadcasting, or communicating any live audio or visual image (whether for archival, documentary, or other use) is expressly prohibited, without the prior written permission of the Event producer.
AUDIO AND/OR VIDEO RECORDINGS AND RELATED EQUIPMENT
Without the express prior written permission of the Event producer, Attendee may not bring any audio or video recording devices (except for personal cell phones) into the Event.
PHOTOGRAPHY / PHOTOGRAPHIC EQUIPMENT
Attendee may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain still photographs (collectively “Event Photographs”). By way of example, personal, non-commercial, photography devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens).
Without the express prior written permission of the Event producer, Attendee may not bring any of the following devices into the Event: any photography device which is designed for, or suitable for, any commercial purpose, selfie sticks, tripods, monopods, boom arms, any device which could be used to mount or hold a photography device or could be used to extend Attendee’s reach. Event producer reserves the right, in its sole discretion, to prohibit any device it believes may be used in violation of these Terms, which it believes poses a safety risk, or which it believes may lessen the enjoyment of the Event by others.
ATTENDEE MAY NOT MAKE ANY COMMERCIAL USE OF ANY EVENT PHOTOGRAPHS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE EVENT PRODUCER. By way of example, commercial use may include, but is not limited to, posting Event Photographs on a website that sells a product, or displays any ads or sponsored links; using or causing Event Photographs to appear in any publication, magazine, serial, or book; using Event Photographs to sell, sponsor, or endorse a product; or using Event Photographs on any website that is or appears to be affiliated or associated with, or sponsored by the Event or the Event producer. Event producer reserves the right to prohibit any use of Event Photographs which it believes is in violation of the Terms. Event producer in its sole discretion may determine what constitutes a commercial use not permitted by the Terms. Attendee may use Event Photographs for Attendee’s own direct, noncommercial, use. Examples of direct, noncommercial use include, but are not limited to, posting Event Photographs on Attendee’s own personal social media account (e.g., Facebook or Twitter) or personal website or personal photo sharing site (e.g., Flikr or Photobucket) unless the account, personal website or personal photo sharing site is affiliated or associated with a commercial use; sharing Event Photographs with Attendee’s personal friends or family (whether in electronic or physical media). Direct, noncommercial, use never involves posting of Event Photographs on any website or server, or in any other media whether electronic or physical, which sells any product or service, or features or contains any advertisements or sponsored links, or which purports or appears in any way, to be an official or affiliated website of the Event or the Event producer. Without the express prior written permission of the Event producer, Attendee may not sell, transfer, license, sublicense, give or otherwise transfer any Event Photographs or ownership therein.
Unless otherwise expressly agreed to in writing by the Event producer, Attendee assigns to Event producer the exclusive ownership to Attendee’s Event Photographs and to any audio or video recordings taken at the event by Attendee. Event producer may execute any assignment documents on Attendee’s behalf as necessary to perfect Event Producer’s ownership, and Attendee appoints Event producer as Attendee’s attorney-in-fact to execute any such documents for Attendee. Attendee further acknowledges, agrees to, and consents to Event producer registering the copyright with one or more copyright authorities, including but not limited to the United States Copyright Office, and listing the Attendee’s contribution as anonymous. Event producer, as the copyright owner, has the right, but not the obligation, and at its sole discretion, to enforce its copyright rights in any Event Photographs or audio or video recordings taken at the event not permitted by the Terms. Event producer assigns to Attendee the non-exclusive right to use Attendee’s Event Photographs for Attendee’s own direct, noncommercial, use as permitted in the Terms. All other rights not assigned by Event producer to Attendee are retained by Event producer. Any violation of the Terms shall be grounds for Event producer to cancel the assignment to Attendee.
ARTISTS AND SET TIMES SUBJECT TO CHANGE
Event Artists and set times are subject to change without notice.
MEDICAL TREATMENT AUTHORIZATION
Attendee consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event producer and all persons participating in such medical treatment from all responsibility for any such actions.
CONSENT TO SEARCH
Attendee and Attendee’s belonging may be searched upon entry into the Event, and Attendee consents to such searches and waives any related claims that might arise against the Event producer and its agents performing such searches. If Attendee elects not to consent to such searches, Attendee may be denied entry into the Event.
ADDITIONAL PROHIBITED ITEMS
In addition to those items prohibited elsewhere in these Terms, without the express prior written permission of the Event producer, Attendee may not bring any of the following items into the Event (or cause any of items to enter the event): glass bottles, aluminum bottles, knives, explosives, sling shots, weapons of any other kind, Frisbees, flags, skateboards, roller skates, hover boards, laser pointers, drones of any kind, remote controlled devices or remote controlled toys, large backpacks, and other items as designated by Event producer. Event producer reserves the right to refuse admission to or eject any person, at Event producer’s sole discretion, whose conduct is disorderly, disruptive, or who fails to follow the Event’s rules or directions, or whose language is vulgar or abusive.
OTHER RIGHTS / RESTRICTIONS / TERMS
No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional/advertising activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance. The Event producer reserves all rights not expressly granted to Attendee. The terms and restrictions noted on the website of the Event producer’s designated ticketing company, Vendini, (link to Vendini’s terms) are also included herein by reference.
River and Blues, LLC
804 S Main, Suite 200
Fort Worth, TX 76104
ACKNOWLEDGMENT OF TERMS
Your use of our Digital Services constitutes an acknowledgement of your intent to adopt and agree to these Terms and Conditions.