Terms & Conditions
Our service, the Content and any other features, tools, blogs, applications, materials, or other services offered from time to time by BEACH LIFE FESTIVAL in connection with its business, however accessed, are referred to collectively as the “BEACH LIFE FESTIVAL Services.” The Content is available for permissible viewing on or through the following (collectively, the “Properties”):
www.BEACHLIFEFESTIVAL.com website (the “Company Site”);
BEACH LIFE FESTIVAL (the “App”);
Company ‘s affiliate and distributor websites;
Other websites where users or website operators are permitted to embed the Content; and
Other Company authorized applications, features or devices.
BEACH LIFE FESTIVAL may amend these Terms at any time by posting the amended Terms in the App and on the Company Site at. If we make a material amendment to these Terms, we will notify you by posting notice of the amendment on the Company Site. Any material amendment to these Terms shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable. Your continued use of the BEACH LIFE FESTIVAL Services and Properties after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
III. ACCESS AND USE OF THE BEACH LIFE FESTIVAL SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register with BEACH LIFE FESTIVAL or use any feature or other part of the BEACH LIFE FESTIVAL Services that requires registration. You represent that you are at least 13 years of age if you are registering an account.
License Grant. Subject to these Terms, Company grants you a limited, non-exclusive and nontransferable license to use the BEACH LIFE FESTIVAL Services on the Properties, and to download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms.
App License Restrictions. You shall not: copy the App, except as expressly permitted by this license; modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App; reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof; remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. We reserve and shall retain our entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly 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 Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by BEACH LIFE FESTIVAL in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by BEACH LIFE FESTIVAL in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by BEACH LIFE FESTIVAL. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by BEACH LIFE FESTIVAL in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that when using BEACH LIFE FESTIVAL Services, you will be exposed to Content from a variety of sources, and that BEACH LIFE FESTIVAL is not responsible for the accuracy, usefulness, safety of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, 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 against BEACH LIFE FESTIVAL with respect thereto regarding all matters related to your use of the BEACH LIFE FESTIVAL Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Embedding a Video. Where BEACH LIFE FESTIVAL has incorporated an embed option in connection with Content on the BEACH LIFE FESTIVAL Services, you may embed videos provided you do not embed the video on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to BEACH LIFE FESTIVAL (in BEACH LIFE FESTIVAL ‘s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the video into any hardware or software application, even for non-commercial purposes. BEACH LIFE FESTIVAL reserves the right to prevent embedding to any website or other location that BEACH LIFE FESTIVAL finds inappropriate or objectionable (as determined by BEACH LIFE FESTIVAL in its sole discretion).
Ownership. You agree that BEACH LIFE FESTIVAL owns and retains all rights to the BEACH LIFE FESTIVAL Services and Properties. You further agree that the Content you access and view as part of the BEACH LIFE FESTIVAL Services may be owned or controlled by users and/or third parties. The BEACH LIFE FESTIVAL Services, Properties and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. You and other users must use the BEACH LIFE FESTIVAL Services and Properties for lawful, non-commercial, and appropriate purposes only. You agree to observe the BEACH LIFE FESTIVAL Services, Content, and embedding restrictions detailed above, and further agree that you will not access the Company Site, App or use the BEACH LIFE FESTIVAL Services in a way that:
A. violates the intellectual property rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
B. uses technology or other means to access, index, frame or link to the BEACH LIFE FESTIVAL Services (including the Content) that is not authorized by BEACH LIFE FESTIVAL (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the BEACH LIFE FESTIVAL Services);
C. involves accessing the BEACH LIFE FESTIVAL Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the BEACH LIFE FESTIVAL Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
D. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
E. damages, disables, overburdens, impairs, or gains unauthorized access to the BEACH LIFE FESTIVAL Services, including BEACH LIFE FESTIVAL’s servers, computer network, or user accounts;
F. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the BEACH LIFE FESTIVAL Services (including the Content);
G. uses the BEACH LIFE FESTIVAL Services to advertise or promote services that are not expressly approved in advance in writing by BEACH LIFE FESTIVAL;
I. encourages conduct that would constitute a criminal offense or give rise to civil liability;
J. violates these Terms or any guidelines or policies posted by BEACH LIFE FESTIVAL;
K. interferes with any other party’s use and enjoyment of the BEACH LIFE FESTIVAL Services; or
L. attempts to do any of the foregoing.
If BEACH LIFE FESTIVAL determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the BEACH LIFE FESTIVAL Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the BEACH LIFE FESTIVAL Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. No one may use the BEACH LIFE FESTIVAL Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. We may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section VI) or otherwise send spam, advertising, or other unsolicited communications of any kind through the BEACH LIFE FESTIVAL Services, you acknowledge that you will have caused substantial harm to BEACH LIFE FESTIVAL and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay BEACH LIFE FESTIVAL $50 for each such unsolicited communication you send through the BEACH LIFE FESTIVAL Services.
Downloads. In order to participate in certain BEACH LIFE FESTIVAL Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We may change, suspend, or discontinue – temporarily or permanently – some or all of the BEACH LIFE FESTIVAL Services (including the Content and the devices through which the BEACH LIFE FESTIVAL Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that BEACH LIFE FESTIVAL may do so in BEACH LIFE FESTIVAL’s sole discretion. You also agree that BEACH LIFE FESTIVAL will not be liable to you for any modification, suspension, or discontinuance of the BEACH LIFE FESTIVAL Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
IV. BEACH LIFE FESTIVAL ACCOUNTS AND REGISTRATION
We offer various features that require registration or the creation of an account with BEACH LIFE FESTIVAL. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any BEACH LIFE FESTIVAL representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Unauthorized Use. If you suspect any unauthorized use of your account, please notify us immediately. Also make sure to notify us if your registration information changes, in case we need to contact you.
V. COLLECTION AND USE OF PERSONAL INFORMATION
VI. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the BEACH LIFE FESTIVAL Services, users may have an opportunity to publish, chat, transmit, submit, or otherwise post (collectively, “Post”) reviews, ratings, reactions to concerts, comments, provide links to or embed videos, or other materials (collectively, “User Material”). In order to keep the BEACH LIFE FESTIVAL Services enjoyable for all of our users, you must adhere to the rules below.
User Material that you Post. Please limit yourself to User Material directly relevant to the BEACH LIFE FESTIVAL Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that in order to post comments you will be required to login with your BEACH LIFE FESTIVAL Account and or Social Network Service account. Your posts will include your account name, which may include your first and last name. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
Obtaining Permission. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant BEACH LIFE FESTIVAL the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. BEACH LIFE FESTIVAL will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that BEACH LIFE FESTIVAL does not guarantee any confidentiality with respect to any User Material.
BEACH LIFE FESTIVAL SHALL NOT BE LIABLE FOR ANY THIRD-PARTY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OF ANY USER MATERIAL THAT IS POSTED ON THE COMPANY SITE. ALL USERS EXPRESSLY ACKNOWLEDGE THIS PARAGRAPH, AND SHOULD ANY USER DISCOVER THAT ANY MATERIALS HAVE BEEN POSTED TO THE WEB SITE THAT VIOLATE OR INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE USER(S) HEREBY EXPRESSLY AGREE TO RESOLVE THE DISPUTE DIRECTLY WITH THE USER (OR THEIR AGENCY), AND HOLD HARMLESS THE COMPANY.
BEACH LIFE FESTIVAL does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and BEACH LIFE FESTIVAL expressly disclaims any and all liability in connection with User Material. BEACH LIFE FESTIVAL does not permit copyright infringing activities and infringement of intellectual property rights on the Company Site, and BEACH LIFE FESTIVAL will remove all User Material if properly notified as set forth herein that such infringes on another’s intellectual property rights. BEACH LIFE FESTIVAL reserves the right to remove User Material.
Third Party Posts. Despite these restrictions, please be aware that some Posts and User Material may be objectionable, unlawful, inaccurate, or inappropriate. BEACH LIFE FESTIVAL does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of BEACH LIFE FESTIVAL. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does BEACH LIFE FESTIVAL assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against BEACH LIFE FESTIVAL with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the BEACH LIFE FESTIVAL Services is not available for a specific instance of inappropriate User Material, please email email@example.com (subject line: “Inappropriate User Material”).
VII. LINKED DESTINATIONS AND ADVERTISING
BEACH LIFE FESTIVAL is not responsible for the content or practices of any website or destination other than the Company Site and App, even if it links to the Company Site and even if the website or destination is operated by a company affiliated or otherwise connected with BEACH LIFE FESTIVAL Services, you acknowledge and agree that BEACH LIFE FESTIVAL is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Company Site and App.
Advertisements. BEACH LIFE FESTIVAL takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the BEACH LIFE FESTIVAL Services are between you and the advertiser, and you agree that BEACH LIFE FESTIVAL is not liable for any loss or claim that you may have against an advertiser.
VIII. TRADEMARKS AND COPYRIGHTS
BEACH LIFE FESTIVAL, the BEACH LIFE FESTIVAL logo, and other BEACH LIFE FESTIVAL marks, graphics, logos, scripts, and sounds are trademarks and contain copyrighted material, authored and/or owned by BEACH LIFE FESTIVAL. None of the BEACH LIFE FESTIVAL trademarks and copyrights may be copied, downloaded, or otherwise exploited without permission.
IX. UNSOLICITED SUBMISSIONS
It is BEACH LIFE FESTIVAL’s policy not to accept unsolicited submissions, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. BEACH LIFE FESTIVAL’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any BEACH LIFE FESTIVAL creative work would be purely coincidental.
X. CONTESTS, PROMOTIONS & SWEEPSTAKES
Livehouse Media, Inc. (d/b/a BEACH LIFE FESTIVAL) , Inc.: Contests, Promotions & Sweepstakes – Official Rules
I) PROMOTIONS DESCRIPTION: The Company, Livehouse Media, Inc. (d/b/a BEACH LIFE FESTIVAL) (“BEACH LIFE FESTIVAL”) regularly conducts various promotions (each a “Promotion”)on its website located at https://www.beachlifefestival.com (“Website”). Each Promotion will entail either a random drawing from the eligible entries submitted (each a “Sweepstakes Promotion”) or judging eligible entries (each a “Contest Promotion”). For each Promotion, BEACH LIFE FESTIVAL will provide the details and requirements for entry by posting an announcement on the Site (“Entry Announcement”) from time to time, at BEACH LIFE FESTIVAL’s discretion. Entrants must follow the directions in the Entry Announcement and in accordance with these Official Rules to be eligible for any prize awarded in connection with a Promotion. All Promotions, regardless of their timing, nature, scope or prizes shall be subject to and governed by these Official Rules.
By participating in a BEACH LIFE FESTIVAL Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Livehouse Media, Inc.– 522 S Venice Blvd, Los Angeles, CA, 90291, which shall be final and binding in all respects.
II) ELIGIBILITY: You must be eighteen (18) years of age or older in order to enter. Officers, directors, and employees of BEACH LIFE FESTIVAL, and members of their immediate families, any participating websites or companies who have been retained in relation to this promotion, and each of their respective parent, subsidiary and affiliated companies (collectively, the “Promotion Entities”) are ineligible to win a prize as offered through Promotions on the Website. Only registered BEACH LIFE FESTIVAL members shall be eligible to submit a valid entry form. Registration on BEACH LIFE FESTIVAL is free and open to all individuals. Entrants are not eligible to win BEACH LIFE FESTIVAL Promotions within 90 days of each other.
IV) WINNER SELECTION & NOTIFICATION: For Sweepstakes Promotions, BEACH LIFE FESTIVAL will conduct a random drawing to select winner(s) for each Sweepstakes Promotion (the “Potential Winner(s)”) from all eligible entries received during the respective Promotion period on the date set forth in the Entry Announcement (“Drawing Date”). For Contest Promotions, a panel of BEACH LIFE FESTIVAL judges shall select Potential Winner(s) for each Contest Promotion using the judging criteria set forth in the Entry Announcement. In the event that there are no entries during the respective Promotion, there will be no drawing and the applicable prize(s) will not be awarded.
BEACH LIFE FESTIVAL will make all reasonable efforts to contact winners. If winners do not respond within two (2) business days of the final contact attempt, for Sweepstakes Promotions, BEACH LIFE FESTIVAL will conduct a new random drawing, the winner of which will receive the corresponding prize; and for Contest Promotions, the second highest score awarded by judges will be selected as the winner to receive the corresponding prize. These processes will continue until either all prizes have been awarded or no valid entries remain, whichever occurs first. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. BEACH LIFE FESTIVAL shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.
Potential winners shall be required to provide his or her name, address, age and other necessary information to verify eligibility and receive the prize. Further, BEACH LIFE FESTIVAL may request and potential winner agrees to provide an affidavit of eligibility and liability/publicity release covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. A prize will not be awarded until necessary information has been collected and all properly executed forms are returned (“Verification”). Upon completion of Verification, a potential winner shall be deemed a winner.
V) ODDS OF WINNING: In a Sweepstakes Promotion, odds of winning depend on the total number of eligible entries received.
VI) GENERAL PRIZE CONDITIONS: By entering a BEACH LIFE FESTIVAL contest, entrants release and hold harmless BEACH LIFE FESTIVAL, all affiliates and subsidiaries of such entities, their employees, agents and representatives from any and all losses, damages, rights, claims, and actions of any kind in connection with the promotion or resulting from acceptance, possession, or use of any prize, including, without limitation, personal injuries, death or property damage. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. All prizes are strictly promotional in nature. Any sale or commercial transference of prizes is expressly forbidden.
For Promotions that include giveaways of Music Festival passes + airfare, BEACH LIFE FESTIVAL agrees to cover the expenses of up to 2 VIP passes and 2 Round Trip airfare tickets (within continental United States) equaling up to and not exceeding $1500. Festival tickets based on availability at time of purchase.
VII) GENERAL: Participation in a Promotion and/or acceptance of a prize constitutes winner’s permission for BEACH LIFE FESTIVAL to use, without notice, winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (or if minors, their parents or legal guardians) agree that BEACH LIFE FESTIVAL shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation a Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
BEACH LIFE FESTIVAL reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person.
VIII) DISPUTES. Disputes, including construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California without regard to choice of law or conflict of law principles (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any dispute, claims and causes of action arising out of or connected in any way with any Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in the county of Los Angeles in the state of California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorney’s fees. Under no circumstances will an entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in other Promotion materials (including, without limitation, any Entry Announcement or any point of sale, online or print advertising), the details of each Promotion as set forth in these Official Rules shall prevail.
IX) WINNERS LIST/RULES REQUEST. For name of the winner for any Promotion or for a copy of these Official Rules, send a self-addressed, stamped envelope (VT residents may omit return postage) specifying Official Rules or Winners List, to: Official Rules Request/Winners Names Request, Livehouse Media, Inc., 522 S Venice Blvd, Los Angeles, CA, 90291. Request for the Winners List must include the applicable Drawing Date or end date of the respective Promotion.
All inquiries regarding BEACH LIFE FESTIVAL Promotions may be directed to the marketing department through the Website’s email form: firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY WHILE WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE OPTIMAL PERFORMANCE OF THE BEACH LIFE FESTIVAL SERVICES, YOU AGREE THAT USE OF THE BEACH LIFE FESTIVAL SERVICES IS AT YOUR OWN RISK. THE BEACH LIFE FESTIVAL SERVICES, INCLUDING THE COMPANY SITE, APP, AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BEACH LIFE FESTIVAL DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE BEACH LIFE FESTIVAL SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE
IN NO EVENT SHALL BEACH LIFE FESTIVAL OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE BEACH LIFE FESTIVAL SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE BEACH LIFE FESTIVAL SERVICES AND PROPERTIES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE BEACH LIFE FESTIVAL SERVICES AND PROPERTIES (INCLUDING YOUR USE OF THE CONTENT), YOUR VIOLATION OF ANY THIRD PARTY RIGHT, OR ANY CLAIM THAT YOUR USER MATERIAL CAUSES DAMAGE TO A THIRD PARTY. BEACH LIFE FESTIVAL RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
XIV. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
A.Digital Millennium Copyright Act (“DMCA”)
If you believe that any Content, User Material, or other material provided through the BEACH LIFE FESTIVAL Services, including through a link, infringes your copyright, you should notify BEACH LIFE FESTIVAL of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that BEACH LIFE FESTIVAL receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to BEACH LIFE FESTIVAL ‘s copyright agent at email@example.com. (subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Attention: Copyright Agent
Livehouse Media, Inc.
522 S. Venice Blvd. Suite A
Venice, CA 90291
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BEACH LIFE FESTIVAL customer service through firstname.lastname@example.org. To be effective, the notification must be in writing and contain the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C 512(c)(3) for further detail):
B. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
C. Description of the copyrighted work that you claim has been infringed;
D. A description of where the material that you claim is infringing is located on the BEACH LIFE FESTIVAL Services that is reasonably sufficient to enable BEACH LIFE FESTIVAL to identify and locate the material;
E. How BEACH LIFE FESTIVAL can contact you, such as your address, telephone number, and email address;
F. 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; and
G. A statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized %p to act on behalf of the copyright owner or the owner of an exclusive right in the material. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered. BEACH LIFE FESTIVAL has a policy of terminating repeat infringers in appropriate circumstances.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
H. Your physical or electronic signature;
I. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
J. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
K. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BEACH LIFE FESTIVAL may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content 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 content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BEACH LIFE FESTIVAL’s sole discretion.
XV. ARBITRATION OF CLAIMS
At BEACH LIFE FESTIVAL, we expect that we will be able to resolve most issues you may have using the BEACH LIFE FESTIVAL Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and BEACH LIFE FESTIVAL agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: LiveHouse Media, Inc. Address Attn: Legal Department 522 S. Venice Blvd. Suite A Venice, CA 90291. We thank you in advance for understanding why it’s important that you and BEACH LIFE FESTIVAL agree on the process described in this Section.
XVI. GENERAL INFORMATION
International Use. BEACH LIFE FESTIVAL is based in the United States. BEACH LIFE FESTIVAL’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where BEACH LIFE FESTIVAL does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the BEACH LIFE FESTIVAL Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE BEACH LIFE FESTIVAL SERVICES. YOUR USE WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS FROM THAT POINT FORWARD.