PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”).
Welcome to the All-In Music Fest LLC website, which is owned and operated by All-In Music Fest (“All-In Music” or “we”). This Agreement describes the terms and conditions applicable to the services available through this website. (“Site”). This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions,and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. These terms and conditions of use may be changed by All-In Music in the future without further notice.
Your continued use of this Site after any such changes constitutes your acceptance of the new or modified terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with All-In Music for products, services or otherwise.
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music,sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content areintellectual property and copyrighted works of All-In Music and service providers. Inaddition, all website materials, including, without limitation, the All-In Music logo,design, text, graphics, other files, and the selection. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded,displayed, posted or transmitted in any form or by any means,including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of All-In Music or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not,without the permission of All-In Music or the respective copyright owner, (a) copy,publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter or other proprietary notices contained in the materials.
All-In Music, the All-In Music logo and the products and services described in this Site,including without limitation “ALL-IN MUSIC,” are either trademarks or registered trademarks of All-In Music and/or its suppliers and licensors, and may not be copied,imitated or used, in whole or in part, without the prior written permission of All-In Music. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of All-In Music, and may not be copied,imitated or used, in whole or in part, without the prior written permission of All-In Music. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
All-In Music grants you a limited, personal, nontransferable, non-sublicensable,
revocable license to make personal use only of the Site in accordance with this Agreement. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods.Except as noted above, you are not conveyed any right or license by implication,estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of All-In Music or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any All-In Music trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without All-In Music’s express written consent. Further,you may not use any meta tags or any other “hidden text” utilizing a All-In Music name,trademark or product name without All-In Music’s express written consent. You acknowledge that,although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of All-In Music, and All-In Music shall not be responsible for any data lost while transmitting information on the Internet. In spite of All-In Music’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason,including, without limitation,maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of All-In Music, access to the Site may be interrupted,suspended or terminated from time to time.You also acknowledge that while All-In Music strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and thus we cannot guarantee its absolute security. To the extent permitted by law, All-In Music makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. All-In Music assumes no liability for disclosure of personal information due to, among other things, errors in transmission,security breaches or unauthorized third parties.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray All-In Music or any of its products and services in a false,misleading, derogatory or otherwise defamatory manner. You may not use a All-In Music logo or other proprietary graphic or trademark of All-In Music to link to this Site without the express written permission of All-In Music. This limited right may be revoked at any time.
All-In Music makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of All-In Music and All-In Music is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. All-In Music is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by All-In Music of the site or any information contained therein. When leaving the All-In Music site, you should be aware that All-In Music’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Persons under the age of 18 are not eligible to register for,purchase,cancel or modify any services available on this Site.By using this Site, you warrant that you possess the legal authority to create a binding legal obligation.
In using this Site, you agree:
1. not to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
2. not to disrupt or interfere with the security of, or otherwise abuse, the Site,or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
3. not to use this Site or its Content for any commercial purpose;
4. not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
5. not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
6. not to use or attempt to use another’s account, service or system without authorization from All-In Music, or create or use a false identity on this Site;
7. not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
8. not to use or access the Site in any way that, in All-In Music’s reasonable judgment, adversely affects the performance or function of the Site; and
9. not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site,electronic mail, text message or by telephone.
Customer Ratings and Reviews
All-In Music may invite a member to write a customer review on his or her personal experience and display the review publicly on its website and elsewhere. You acknowledge that All-In Music may choose to provide attribution of your comments or reviews (for example, listing your first name and hometown on a review that you submit) at our discretion. We take no responsibility and assume no liability for any submissions submitted by you.
Supplier Terms and Conditions
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
Copyright Policy and Copyright Agent
It is All-In Music’s policy to respect the copyright and intellectual property rights of others.
If you believe that All-In Music or any user of our site has infringed your copyright in any material way, please notify All-In Music and provide the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
2. An identification of the copyrighted work claimed to have been infringed.
3. An identification of the material that you claim is infringing so that we may locate it on the site.
4. Your address, telephone number and email address.
5. A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law.
6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify All-In Music immediately of any unauthorized use of your account. You are responsible for maintaining the secrecy of your login and password. All-In Music is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Hotel Booking Service
1. Scope of service. By making a reservation or booking through All-In Music’s, you enter into a direct (legally binding) contractual relationship with the hotel at which you book. From the point at which you make your reservation, All-In Music acts solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel. We may charge a fee for the service we provide when you book or reserve travel services or accommodations through All-In Music’s hotel booking service. The information disclosed on this Site regarding each hotel is based on the information provided to All-In Music by the hotel. While All-In Music has exercised due care in attempting to check the information provided by the hotels, All-In Music cannot guarantee that all information is accurate, complete and correct, nor can All-In Music or its affiliates be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or otherwise),inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to hotel photographs, hotel property descriptions, and lists of hotel property amenities) or non-delivery of information. Each hotel remains responsible at all times for the accuracy,completeness and correctness of the information shown (including the rates,availability and taxes) displayed on our Site.
2. Prices. Prior to booking your reservation, a total estimated price (including estimated taxes and fees) will be displayed. When you complete your booking,you authorize All-In Music to book reservations on your behalf for the total estimated price. All charges are shown in United States dollars, unless otherwise stated.Prices, rates and inventory are subject to change based on availability from the hotel and may change at any time prior to receipt of your booking confirmation. The “taxes and fees” amount displayed includes an estimate of transaction taxes (e.g. sales and use, occupancy, excise and value added tax),government fees and other charges that the hotel must remit to the government for your hotel reservation. The type of tax charged by the hotel may change at any time and will vary by service and location. The hotel suppliers are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions.The hotel reserves the right to charge you additional taxes, service fees, resort fees or hotel charges (including, but not limited to, resort fees, parking charges,minibar charges, room service charges, housekeeping fees, phone call charges,movie rentals, etc.). These charges, if applicable, will be payable by you to the hotel at checkout. You shall be completely responsible for all charges, fees,duties, taxes, and assessments arising out of the use of this Site and the booking of your hotel room. Please contact the hotel directly as to whether any additional taxes, service fees or charges apply. In the event a service is listed at an incorrect price or with incorrect information, All-In Music and/or the hotel retain the right to refuse or cancel your reservation whether or not the order has been confirmed. If available, we will offer you the opportunity to keep your pending reservation at the correct price or will cancel your reservation without penalty.All-In Music and/or the hotel are under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
3. FREE extras. We have negotiated with hotels to offer special benefits called Free extras with certain bookings based on rates and availability. Please note that Free extras are not available for all rates and bookings or other hotel deals displayed on the Site. If a Free extra, or any portion thereof, cannot be provided by the hotel for any reason whatsoever, the hotel and/or All-In Music reserve the right to substitute the perk with another perk or no perk at all if one is not available at the time of your stay. Free extras are not guaranteed. The estimated dollar value of the extras is based on information provided to us by the hotel and may vary depending on availability and market conditions. Extras have no cash value and cannot be redeemed for cash or a cash value. No refund or credit will be issued for any unused extra (or portion of an extra). A complimentary breakfast Free extra is based on the total number of travelers entered at the time of the booking and the hotel may, at its option, limit this amount to a maximum of two guests per room per stay. Breakfast may be available only in select hotel restaurants and a hotel may decide that an extra is not valid for in-room dining. Room upgrades and early check-in/late check-out are based on availability and cannot be guaranteed. Any recipient of a Free extra that involves alcoholic beverages must be of the appropriate legal age in accordance with applicable law. Other restrictions may apply. Offer is subject to change or cancellation at any time without notice.
4. Credit Card. Hotels require credit card or debit card details in order to guarantee your reservation. As such, All-In Music will send your credit or debit card information directly to the hotel at which your booking is made and All-In Music may verify (i.e. pre-authorize) your credit card as well. Upon check-in, guests may be required by the hotel to present a valid ID and/or credit card or, in the hotel’s discretion, debit card, in their name that is consistent with the transactional details provided to All-In Music. For certain rates or special offers, please note that your credit card may be pre-authorized or charged by the hotel (sometimes without any option for refund) upon reservation and confirmation of the booking. In such circumstances, you agree that your credit card or debit card may be charged for the total estimated reservation price. Please check the room details and the booking terms thoroughly for any such conditions prior to making your reservation.
5. Changes or Cancellations.By making a reservation, you accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation during your stay, including for services rendered and/or products offered by the hotel.The terms and conditions of a hotel can be obtained with the relevant hotel.Please note that certain rates or special offers are not eligible for cancellation or change.If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled, you may be subject to hotel-imposed penalties and you may not be entitled to a refund,depending on the terms and conditions of the applicable hotel.Please check room rate details and booking terms thoroughly for any such conditions prior to making your reservations.If you would like to review, change or cancel your reservation, please review the confirmation email and follow the instructions therein or call our Customer Service.Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no show policy.
6. Disability Needs. If you have disability needs (for example only, you need a wheelchair accessible room), you must call the hotel and verify that your disability need can be met.If your disability needs cannot be accommodated by the hotel,please advise your All-In Music agent in advance.
7. Special Requests.Depending on the hotel you book,be able to select your room type and number and type of beds.Room assignments are based on hotel availability and are at the hotel’s sole discretion.All-In Music cannot guarantee a non-smoking room.If you have special requests (including, for example,preferences for smoking or non-smoking rooms,a specific room,particular bedding, floor location,proximity to an elevator,connecting rooms,or pet accommodations),you must call the hotel and verify that special requests can be met after you have made your booking or advise your personal All-In Music agent of your request.Since All-In Music has no control over which room a hotel will assign you, All-In Music may not be able to accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.In addition, frequent traveler points,upgrades,certificate vouchers and other discounts or incentives may not apply to All-In Music’s hotel services.
8. Correspondence.By completing a booking,you agree to receive email communications which we may send you (or your guest) shortly prior to your arrival date,giving you information on your destination and providing you with certain information and offers (including any All-In Music promotions,offers or deals) relevant to your reservation and destination.We may also send you an email promptly after your stay inviting you to complete our customer review form.
9. Third Parties.You represent and warrant that you will only use this Site to make legitimate book for you or for another person for whom you are legally authorized to act.If you use this Site for or on behalf of a third-party (“Third-party”),such as a family member or a traveling companion,you are responsible for any error in the accuracy of information provided in connection with such use; including,but not limited to,the billing address and phone number of the credit card holder.These should match what is on file with their financial institution.In addition,you must inform the Third-party of all terms and conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party (as defined below) harmless from and against any and all liabilities,losses,damages,suits and claims (including the costs of defense),relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above.You are directly responsible for any bookings submitted including for total charges and performance obligations.
You agree to indemnify and hold harmless All-In Music and the Covered Parties (defined below) from and against any claims, causes of action, demands, losses, fines, penalties,damages or other costs or expenses of any kind or nature (including attorneys’ fees,expert fees and accounting fees) made or incurred or brought by any third party arising out of or relating to (i) your conduct, (ii) your use of this Site, (iii) your breach of this Agreement or the documents referenced herein, or (iv) your violation of any law or the rights of a third party.
You agree that any materials, including but not limited to questions, comments, ratings or reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to All-In Music or postings on the Site or All-In Music’s social sites (such as its Facebook and Twitter accounts) (collectively, “Submissions”), are nonconfidential and shall become the sole property of All-In Music. All-In Music shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise,without acknowledgment or compensation to you.The submission of any materials to All-In Music, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. You agree that All-In Music may use and display publicly on its website and elsewhere the name, city, hometown and state that you submit in connection with your Submissions. You further agree that you will be solely responsible for the content of any Submissions you make and that you shall be solely liable for any harm resulting from your Submission.
The information and opinions expressed in Submissions on this Site are not necessarily those of All-In Music or its content providers, advertisers, sponsors, affiliated or related entities, and All-In Music makes no representations or warranties regarding any Submission. All-In Music does not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions or determine whether the Submissions violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES,PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL IN MUST FEST AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE,OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ALL IN MUSIC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT,DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT ALL IN MUSIC FEST DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ALL IN MUSIC FEST AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. ALL IN MUSIC FEST DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL OR OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING,PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS,ETC.). IN ADDITION, ALL IN MUSIC EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
ALL IN MUSIC FEST DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ALL IN MUSIC FEST DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY ALL IN MUSIC FEST VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES ALL IN MUSIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ALL IN MUSIC OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
ALL-IN MUSIC FEST ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS,NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME,MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ALL IN MUSIC FEST, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
ALL IN MUSIC FEST ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON ALL IN MUSIC SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO ALL IN MUSIC FEST AND ALL IN MUSIC FEST HAS NO RESPONSIBILITY TO
ENSURE DELIVERY OF SUCH SERVICES.
ALL IN MUSIC FEST DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL ALL IN MUSIC FEST OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ALL IN MUSIC FEST CONTENT OR RELATED SERVICES (COLLECTIVELY THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION,WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE HOTELS AND SERVICE PROVIDERS ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF A HOTEL OR SERVICE PROVIDER, INCLUDING,WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE TRANSACTION FEES ASSESSED BY ALL IN MUSIC FOR YOUR TRANSACTION ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Although most travel, including travel to international destinations, is completed without incident,travel to certain destinations may involve greater risk than others. All-In Music shall not be liable for damages or losses that may result from travel to such destinations. All-In Music urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov,www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, ALL IN MUSIC FEST DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Arbitration and Applicable Law
To the extent permitted by law,this Agreement and the provision of our services shall be governed by and construed in accordance with Texas law.By using this Site, you agree that any and all disputes,claims or controversies that you may have against All-In Music or any of the Covered Parties (defined above) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by All-In Music or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory,binding arbitration initiated through and administered by the American Arbitration Association (“AAA”).You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA,and that any arbitration proceeding,if necessary,will be held in Houston,Texas or at such other location as may be mutually agreed upon by All-In Music and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law.The arbitrator shall apply Texas law consistent with the Federal Arbitration Act,and shall honor claims of privilege recognized at law.In order to initiate arbitration with the AAA,you may be responsible for paying a filing fee to the AAA,however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,All-In Music will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.There will be no right or authority for any claims to be arbitrated on a class action or representative basis. You understand and agree that, by accepting these terms and conditions,you and All-In Music (and any Covered Party) are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator,and not a judge or jury.All claims you bring against All-In Music must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision,All-In Music will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from All-In Music,All-In Music may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.If any part of this arbitration provision is deemed to be invalid,unenforceable or illegal,or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid,unenforceable, illegal or conflicting provision was not contained herein.
Notwithstanding any of these terms and conditions,All-In Music reserves the right,without notice and in its sole discretion, for any reason whatsoever to terminate your license to use this Site, and to block or prevent future access to and use of this Site.All-In Music shall not be liable to you or any third-party for any termination of your access to this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. This Agreement (and any other terms and conditions referenced herein) represent the entire agreement between you and each of the Covered Parties regarding your use of this Site and supersede any and all prior statements, representations, or prior versions of these terms and conditions relating to the use of the Site that were displayed previously on this Site. All-In Music reserves the right, in its sole discretion, to amend, modify, or alter this Agreement (and any other terms and conditions referenced herein) at any time by posting the revised terms on this Site. We recommend that you review these terms and conditions periodically.
LAST UPDATED: 1/18/2019