- Acceptance of Terms.
- Use and Restrictions.
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.
3. Event Attendance Terms & Conditions
BY PURCHASING TICKET, TICKET HOLDER, (“HOLDER”) AGREES TO THE FOLLOWING TERMS:
RELEASE OF LIABILITY.
THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGERS (1) THAT THE EVENT CROWD OR INDIVIDUAL ATTENDEES MAY BE INADEQUATELY MONITORED, MANAGED, OR CONTROLLED BY EVENT SECURITY, AND AS A RESULT MAY CAUSE PERSONAL HARM OR PROPERTY DAMAGE TO THE HOLDER, AND (2) THAT THE HOLDER MAY BE EXPOSED TO DRUGS, ALCOHOL, FIGHTING, OR OTHER REASONABLY FORESEEABLE DANGEROUS CONDITIONS OR ACTIVITIES PRIOR TO, DURING, OR SUBSEQUENT TO THE EVENT.
THE HOLDER EXPRESSLY RELEASES THE EVENT FACILITY, Extreme Mudfest Bonnyville Inc.
O/A (“Extreme Mudfest”), MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.
NO REFUNDS OR EXCHANGE. IF EVENT IS CANCELLED OR RESCHEDULED, HOLDER MAY REQUEST A REFUND FOR FACE VALUE OF TICKET. REFUND REQUESTS FOR POSTPONED EVENTS MUST BE SUBMITTED WITHIN 5 DAYS OF SCHEDULED DAY OF EVENT AND MAIL ANY HARD TICKETS BACK TO OUR TICKET AGENT, FLAVORUS.
ALL RIGHTS RESERVED
This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Management reserves all rights not expressly granted to the Holder by these terms.
RESERVATION OF MANAGEMENT’S RIGHTS. Management reserves the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the holder. The exercise of management’s ejection rights hereunder does not entitle the holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at management’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at management’s discretion.
TRANSMISSION OR REPRODUCTION PROHIBITED. The Holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued. The Holder grants permission to the facility and to Extreme Mudfest Bonnyville Inc.
O/A (“Extreme Mudfest”), and its respective designees and agents to utilize the Holder’s image and likeness in connection with any broadcast, photographic display or other transmission, exhibition, publication 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 compensation.
COMPLIANCE WITH FACILITY RULES. The Holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, weapons, dangerous objects and bundles and containers of any kind from being brought into the event premises. The Holder, the Holder’s belongings and the Holder’s vehicle may be searched upon entry to the premises and the Holder consents to such searches and waives any related claims that might arise against Extreme Mudfest Bonnyville Inc.
O/A (“Extreme Mudfest”) and its affiliates. Any refusal of consent following any such search request by Management will result in an automatic refusal of admission to or ejection from, the premises. TICKET PRICE. Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available).
TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Sites are proprietary to Extreme Mudfest or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Extreme Mudfest, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Extreme Mudfest or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Extreme Mudfest.
The EXTREME MUDFEST, mark application is pending at the Canadian Intellectual Property Office and U.S. Patent and Trademark Offices.
- Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with Extreme Mudfest or its online merchandise store provider; Kill the 8, or Event Ticket Vendor; Flavorus. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
- Terms of Sale
- Merchandise– All product sales from the Sites are provided by Kill the 8 and are governed by any terms of sale that may be posted on our store page at http://www.kt8merch.com/store/pages/25444. You should refer to the Help document posted on the online store pages to learn more about applicable product warranties, our return policy, and shipping terms. The terms of sale are subject to change without prior notice at any time, in Extreme Mudfest’ sole discretion so you should review the terms of sale each time you make a purchase.
- Event Tickets –All event ticket sales are provided by http://Flavorus.com and are governed by any terms of sale posted on the ticket seller’s site at http://info.flavorus.com/terms/. You should refer to this document to learn more about applicable product warranties, our return policy, and shipping terms. The terms of sale are subject to change without prior notice at any time, in Extreme Mudfest’ sole discretion so you should review the terms of sale each time you make a purchase.
- Electronic Communications
You consent to receive electronic communications from Extreme Mudfest either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Extreme Mudfest set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
- Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Sites.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions, profiles or comments posted by others on the Sites.
This list of prohibitions provides examples and is not complete or exclusive. Extreme Mudfest reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Extreme Mudfest determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. Extreme Mudfest may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Extreme Mudfest’ discretion, Extreme Mudfest will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Extreme Mudfest takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Extreme Mudfest is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Extreme Mudfest to monitor, police or remove any Submissions or other information submitted by you or any other user.
If you submit any feedback or ideas about our products and services to the Sites, you hereby assign and agree to assign to Extreme Mudfest all right, title and interest in and to such feedback.
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Extreme Mudfest reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless Extreme Mudfest, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the SITES, and your Submissions and any Personal Rights contained therein.
- Links to Third Party Websites
Merchandise – Extreme Mudfest online store is hosted by Kill the 8. Kill the 8 is solely responsible for the content and policies on our store pages.
Event Tickets – Extreme Mudfest event tickets page is hosted by Flavorus.com. Flavorus is solely responsible for the content and policies on our event ticket pages.
The Sites may contain links to websites and other resources operated by third parties other than Extreme Mudfest. Such links are provided solely as a convenience to you. Extreme Mudfest does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
- Warranties and Disclaimer
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. EXTREME MUDFEST THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXTREME MUDFEST RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, EXTREME MUDFEST MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, EXTREME MUDFEST WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.
- Limitation of Liability
EXTREME MUDFEST AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
- Copyright and Trademark Infringements
Extreme Mudfest respects the intellectual property rights of others, and we ask you to do the same. Extreme Mudfest may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide Extreme Mudfest’ designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites, and information reasonably sufficient to permit Extreme Mudfest to locate the material.
- Information reasonably sufficient to permit Extreme Mudfest to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Extreme Mudfest’ agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Attention: Extreme Mudfest – Brand Protection
550 Braidwood Ave.
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Governing Law
- Gift Cards Terms and Conditions
Compliance with Laws
By purchasing a gift card (“Gift Card”) offered by Extreme Mudfest, you are certifying and representing to Extreme Mudfest that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, the terms and conditions (collectively the “Gift Card Terms and Conditions”), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify Extreme Mudfest and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Extreme Mudfest from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.
Gift Cards are only redeemable for purchases online at http://fueledbyrednecks.com/. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Extreme Mudfest.
All returns for purchases made with a Extreme Mudfest Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.
Extreme Mudfest will have the right to close guest accounts and request alternative forms of payment if Extreme Mudfest believes such Gift Card has been fraudulently obtained.
Not for promotional use
Extreme Mudfest Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)
No affiliation with Extreme Mudfest
Use of Extreme Mudfest’ name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Extreme Mudfest Gift Cards is strictly prohibited. Furthermore, the use of Extreme Mudfest Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Extreme Mudfest or any of its subsidiaries or affiliates is prohibited.
Limitation of Liability
EXTREME MUDFEST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN 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.
Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the province of Ontario and the federal laws of Canada and you consent to exclusive jurisdiction and venue in such courts.
When you purchase, receive or redeem a Extreme Mudfest Gift Card, you agree that the laws of the province of Ontario and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. Extreme Mudfest reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.
- Questions or Concerns
If you have any concerns about material which appears on this Website, please contact us by emailing us at:firstname.lastname@example.org or by writing to us at:
PO Box 346 Myrnam