PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING CONTRACT.
Welcome to gaiaenergyfestivals.com (the “Site“).
Gaia Production, LLC and/or its subsidiaries, affiliates and/or designees (“Gaia,” “us,” “we,” “our”) provide website access, features, content and services to you subject to the following Terms and Conditions of Use (the “Terms”). The Terms govern your use of and access to the Site, as well as any of our affiliated websites (together with the Site, the “Sites”) and any services, features and content offered by us on or through the Sites (the “Services”). You may use the Sites and Services only on the condition that you abide by these Terms. Therefore, it is critical you read these Terms.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AS MAY UPDATED FROM TIME TO TIME. Any continued use of the Sites and/or the Services by you established that you have read and consent to the Terms (and all other policies set forth on the Sites) without limitation or qualification. If you do not agree to the Terms, such policies, or any modifications thereto, please do not use the Sites. Additionally, as a condition of your use of the Sites, you represent and warrant to us that YOU WILL NOT USE THE SITES, ANY CONTENT ON THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THESE TERMS.
By using the Sites and/or the Services, you are representing that you are 18 years of age or older and are legally competent to enter into, and to be bound by, contracts. If you are under 18, you may use the Sites and/or the Services only with the consent of a parent or legal guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Sites and/or Services.
MODIFICATION OF THE TERMS
We reserve the right to change, update, modify, delete or add to the Terms at any time without advanced notification to you. Any changes to the Terms will be effective immediately upon posting (unless a later effective date is specified), and any continued use by you of the Sites and/or the Services after changes have been posted constitute your acceptance to those changes, updates, modifications, deletions or additions. It is your responsibility to review the Terms and applicable policies periodically for changes.
All text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, software and artwork (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Sites and/or the Services is owned or controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. All other trademarks not owned by us that appear on the Sites and/or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
YOU MAY NOT copy, use, republish, download, post, publicly display, transmit, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission, unless expressly permitted in the Terms. Nothing on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Sites or on, or through, the Services, without the prior express written permission of the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features designed to protect the Content, is strictly prohibited.
By attending the Event, you consent to being filmed and or photographed, whereas your image, voice, and likeness may be used by the Event producers for promotional purposes. Any photography taken at the Event, whether in digital or analog format, is subject to mandatory, non-exclusive license to the Event producers for use in this and future Event promotional purposes. Any artwork or performances sponsored by the Event or taking place on Event location is also subject to a mandatory, non-exclusive license to Gaia for use in Gaia promotional purposes.
The Site provides news and other information for all things Gaia!
On the Site you will be able to:
Find the latest news and information about the Gaia Energy Festival (the “Event”);
Watch a live stream of certain performances occurring during the Event (the “Live Stream”);
Purchase tickets to the Event; and
While we try to provide you with the most up-to-date and accurate information, we do not guarantee the accuracy, completeness and/or currentness of the information on the Sites (and we explicitly disclaim any responsibility for the accuracy, availability completeness and/or currentness of information and other Content available on the Sites and/or the Services, or any websites that link to or from the Sites and/or the Services).
TICKET REGISTRATION FOR ON-SALE PERIOD
LIVE STREAM OF GAIA ENERGY FESTIVAL
During the Event, the Live Stream will be available on the Site via an embedded video player.
Gaia and/or third parties own and retain all rights to the Live Stream. Subject to your compliance with the Terms, Gaia hereby grants you a limited, non-exclusive, non-transferable, freely revocable license to access and view the Live Stream ON A STREAMING ONLY BASIS for personal, non-commercial purposes only. You may not use the Live Stream, or any of the text, graphics, logos, music and/or any other audio or visual content, or any portion thereof, for any commercial purpose, whether or not for profit. These restrictions apply to any text, graphics, layout, interface, logos, photos, audio, video, stills and all other content contained in the Live Stream. You are prohibited from creating derivative works or materials that otherwise are derived from or based on the Live Stream, including any mash-up videos, even if the derivative materials are not for profit or other commercial use.
You may not, either directly or through the use of any device, software, Internet site, web service or by any other means, copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Live Stream, or any portion thereof, except you may stream the Live Stream as expressly permitted herein. You may not incorporate the Live Stream or retransmit the Live Stream via any hardware or software application or make it available via frames or in line links unless expressly permitted by Gaia in writing.
You agree that you will not circumvent, disable or otherwise interfere with security related features of the embeddable player or any other features of the Sites and/or the Services that prevent or restrict use or copying of the Live Stream or other materials and Content contained on the Sites and/or the Services (including without limitation, all audiovisual content). You may not, either directly or indirectly, or through the use of any device, software, Internet site, web based service, or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Live Stream or DRM mechanism, device or other content protection or access control measure associated with the Live Stream.
You understand that you may be exposed to content, materials, and/or images that may be offensive, indecent or objectionable, and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have with respect thereto regarding all materials related to the Live Stream. Without limiting the above, to the fullest extent permitted by applicable law, you hereby release and hold Gaia harmless from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, the Live Stream.
We do not guarantee the accuracy, quality or availability of the Live Stream. We also do not guarantee the Live Stream or the embedded video player will be free from glitches, errors or other interruptions. You understand that not every performance taking place at the Event will be available to view through the Live Stream, and that Gaia has sole control over which performances will be available.
As part of the Services, we may provide interactive tools such as email services, bulletin boards, discussion forums and tools that enable you to communicate with us or other users of the Site (the “Communication Services”). You are solely responsible for all information, opinions, descriptions, photos, profiles, graphics, videos, tags, messages, comments, texts and all other information and materials that you upload, publish, privately transmit or otherwise share through the Communication Services (the “User Content”), so please do not share or post any private or confidential information or materials or any content that is illegal or otherwise prohibited. We cannot guarantee that other users will not use the ideas or other information you share. We reserve the right, without limiting any other rights or remedies available to us, to edit or remove any User Content from any of the Communication Services at any time and for any reason without your consent or notification. We also reserve the right to terminate or deny access and use of the communication service to any individual for any reason. We also reserve the right to terminate or deny access and use of the communication service to any individual for any reason.
You represent and warrant that your User Content is not as determined by Gaia in Gaia’s sole discretion:
Illegal, offensive, defamatory, libelous, inflammatory, malicious, harmful, harassing, threatening, hateful, abusive, intimidating, threatening or offensive in a racial, cultural, ethnic or sexual manner;
Sexually explicit, vulgar, or pornographic;
Advocating or inciting any illegal or violent activity;
False, inaccurate or misleading, or containing links to websites;
Infringing or otherwise violating the rights of any third-party, including, without limitation, any third-party’s copyright, patent, trademark, trade secret, rights of publicity, or rights of privacy;
Violating any other laws or regulations;
The private information of any third -parties; or information that infringes on or invades the privacy of any third-parties;
a virus, trojan horse or other harmful code or program that may damage the operations of any system or unlawfully intercept data or personal information;
Impersonating another person or entity or falsely claiming an affiliation with any person or entity;
Advertising, soliciting or attempting to sell any products or services or attempting to use the Communication Services for any commercial purpose or make available any unsolicited or unauthorized advertising or promotional materials; and
Collecting, attempting to collect or store any personal information of others
By submitting User Content through any of the Communication Services, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, freely transferrable, sublicensable, worldwide license to use, copy, sell, distribute, publicly display, publicly perform, print, publish, republish, create derivative works of, reformat, translate, modify, revise and incorporate into other works your User Content for any purpose without compensation to you. This license also grants Gaia the right to sublicense your User Content to other users to permit their use of your content in a permissible manner.
Gaia is not liable for the contents of any User Content made available through the Communication Services and has no responsibility to monitor or evaluate the User Content. You understand that by visiting the Sites or using the Services, you may be exposed to content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Gaia be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of the Sites or the Services.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Sites or Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Gaia, including to enforce the Terms. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
We do not intend to create or imply any endorsement of any of the User Content nor do we verify or vouch for such content.
LOST, STOLEN OR DESTROYED TICKETS.
Gaia, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets. Following the delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets.
Tickets purchased by You are intended for personal use only. If You obtain Your Ticket(s) from any unauthorized source(s), You fully assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by Gaia with or without advanced notification to You. You agree that the resale, or the attempted resale by You of any Ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these terms and conditions. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Site, Gaia shall have the right to cancel all or part of the applicable ticket order or may, at Gaia sole option, elect to put all or part of Your order and all or part of other pending orders in Your name at Will Call. If Gaia cancels Your tickets, a refund for the face value of the tickets, minus a $25 per ticket processing fee, will be issued to the purchaser of record and no other service, processing, or shipping fees shall be refunded. Gaia reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. Gaia also reserves the right to investigate all orders suspected to be in violation of this provision and shall be the final arbiter regarding violations or potential violations hereunder.
NOT REDEEMABLE FOR CASH.
Your Ticket is not redeemable for cash.
CHANGES TO LINE-UP, DATE OR VENUE
Gaia, shall at any time prior to the Festival, have the right to change the Venue, Artist Lineup, Festival Times, Festival Dates or any or all other components of the Event, at any time, with or without advance notification to You and without any compensation to You.
TICKETING WEBSITE URL
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ATTEND THE EVENT. BY PURCHASING TICKETS, YOU REPRESENT AND WARRANT TO US THAT YOU ARE, OR WILL, BE 18 YEARS OF AGE OR OLDER BY THE DATE OF THE EVENT. YOU UNDERSTAND THAT NO REFUNDS WILL BE GIVEN IF YOU ARE NOT ALLOWED ENTRY TO THE EVENT FOR BEING UNDER THE AGE OF 18.
WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS
Gaia reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Sites and/or the Services, in its sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Sites and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend or terminate your access to the Sites and/or the Services, including the deletion of your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Sites and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms, including blocking IP addresses.
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Sites and/or the Services, or any portion thereof.
When you visit the Sites, use the Services or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Sites or any of our affiliated websites are non-confidential.
Any comments and feedback can be sent to firstname.lastname@example.org.
All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Sites and/or the Services, such as your suggestions regarding improvements that we make to the Sites and/or the Services (collectively, “Comments”), will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, title and interest in all patent, copyright, trademark and all other intellectual property, and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. Thus, we will own exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any Comments in confidence; (ii) pay to you, or any third-party, any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. We reserve the right to use any Comments.
To use certain features of the Sites and/or the Services, you may be directed to register and/or to create a user profile or account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. We will take commercially reasonable security precautions to ensure information you provide to us is safe, but no measures are completely secure. Therefore, we cannot guarantee the security of any information you provide to us on or through the Sites and/or the Services at any time.
As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Gaia for purposes of creating an Account or otherwise registering (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of the Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
In registering and/or creating an Account, YOU SHALL NOT: (a) select or use the email address or user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an email address or user name that is profane, offensive or otherwise inappropriate; or (d) allow any other party to use your Account and/or password except as set forth herein.
YOU MAY NOT SHARE OR TRANSFER YOUR ACCOUNT. You may not disclose your password to anyone. You agree to immediately notify Gaia by sending an email to email@example.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Gaia is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion at any time, for any reason, without notice. For example, if we have reasonable grounds to suspect your Account Information is fraudulent or inaccurate, we may suspend or terminate your account and refuse any and all current or future use of the Sites and/or Services.
Gaia will not be liable for any damages or loss resulting from the removal of any User Content from the Sites and/or the Services. You may cancel your Account at any time and cancellation will take effect immediately. Gaia reserves the right to temporarily or permanently restrict or block access to the Sites and/or the Services to any users who have had their Accounts cancelled.
LIMITED LICENSE TO USE THE SITES AND THE SERVICES
Subject to these Terms, you are granted a limited, non-sub licensable right to use and access the Sites and the Services and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third-party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Sites and Services or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Sites and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Sites and the Services (including the images found on the Sites or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Sites and Services remain the sole property of Gaia.
Any unauthorized use of the Sites and/or the Services terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Gaia, the Sites, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter or does not otherwise create an implication of endorsement by us. You may not use Gaia’s name, likeness, logo(s) or other proprietary graphic(s) or trademark(s) as part of the link without express written permission. If you place a link to the Site(s) on a third-party website, you must adhere to Gaia’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Gaia and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Gaia; (iii) when selected by a user, the link must display the Site(s) on full-screen and not within a frame on the linking site; and (iv) Gaia reserves the right to revoke its consent to the link at any time and in its sole discretion.
THIRD-PARTY CONTENT AND SERVICES
Gaia strives to maintain an ADA compliant website and is committed to providing an online environment that is accessible to all visitors. We recognize that accessibility and usability are not always possible in every area of the Site or for those using screen readers or other devices to assist viewing of the Site. Gaia along with its third-party partners, have conducted, and continue to conduct ongoing accessibility reviews and tests of the Site. We have remediated and continue to remediate any issues identified during such reviews and tests. Please be aware that our efforts are ongoing as we incorporate any improvements we feel necessary to meet the changing laws, regulations and guidelines set forth by any regulating authorities.
If you have specific questions or concerns about the accessibility of the Site or need any assistance with the Site please contact us at firstname.lastname@example.org. If you have found an inaccessible area on the Site, please be sure to specify the specific page and provide us with any other information you may think will help us locate the area. We will make all reasonable efforts to make that page accessible to you. If such page cannot be made accessible with any available tools, we will work to make a text version available to you. If you have a need for a specific electronic format, please contact us at email@example.com. Please provide the format that you require the content to be in, the web page address of the material, and your contact information. We welcome your questions about this accessibility policy and your comments on how to improve the Site’s accessibility.
The Sites and Services are operated from the United States. We do not represent or warrant that the Sites and/or the Services (or any part thereof) are appropriate or available for use in any particular country other than the United States. In choosing to access the Sites and/or the Services you do so at your own risk, and are responsible for complying with all local laws, rules and regulations.
IF YOU ARE A USER ACCESSING THE SITES AND/OR THE SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITES AND/OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government’s lists of prohibited and restricted parties.
DISCLAIMER OF WARRANTIES
THE SITES AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GAIA MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND/OR THE SERVICES IS AT YOUR SOLE RISK. GAIA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES, AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE SITES AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITES AND/OR THE SERVICES.
RISKS and LIMITATION OF LIABILITY
There are risks involved in any Event. By going to the Event, you assume all risks incidental to the Event and release Gaia and any/all of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents from all claims related to or arising out of the Event or your presence at the Event.
To the maximum extent permitted by law, in no event shall Gaia or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Sites or Services, your use of the Sites and/or the Services available on our Sites or Services, even if Gaia and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites and/or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Sites or Services, the software, unauthorized access to or alteration or your transmissions of data, statements or conduct of any third-party on the site, any other matter relating to the Sites or the Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
GAIA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE STATED, YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITES AND/OR THE SERVICES.
You agree to defend, indemnify and hold Gaia, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Sites and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Sites and/or Services.
DISPUTE RESOLUTION PROCEDURE; GOVERNING LAW
You and Gaia agree that any disputes arising from or relating to the Site or the Services, or any relationship or dispute between you and Gaia or you and any company or person employed by or which is affiliated with Gaia, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code to the maximum extent permitted by applicable law. BY USING THIS SITE, YOU AGREE TO GIVE UP YOUR RESPECTIVE RIGHT TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. This contract shall be governed and construed in accordance with the laws of Virginia, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Virginia.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gaia as a result of the Terms or your use of the Sites or the Services.
Assignment. Gaia may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Gaia’s express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: firstname.lastname@example.org, unless otherwise specified herein.
Equitable Remedies. You hereby agree that Gaia would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
All questions and concerns regarding the Terms should be directed to email@example.com.
FESTIVAL CANCELLATION BY GAIA
Upon the occurrence of an Event cancellation by Gaia, Gaia shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the event of a partial cancellation) or (b) reschedule the Event for a future date within the 18-month period immediately following the Festival cancellation by Gaia. In cases of the rescheduling the cancelled Event for a future date, You shall not be entitled to refund. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Event cancellations.
REFUNDS DUE TO CANCELLATION BY GAIA
In the event of Gaia’s election to issue refunds, Gaia shall issue refunds, on a pro-rata or “per day” basis for multi-day Events, as applicable. For purposes of determining any pro-rata refunds due, Gaia shall only be required to issue refunds in “whole days” and once Venue gates open, the Event on that particular date shall be deemed to have been delivered in its entirety and not subject to refund. You shall only be entitled to refunds for those days for which You purchased Tickets and for which Venue access was never granted during the course of an entire day. Delayed gate openings shall not be subject to refunds. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Event cancellations.
FORCE MAJEURE EVENTS
Upon the occurrence of an Event Cancellation due to reasons other than by as specified above, including but not limited to, events outside Gaia’s control, acts of God, pandemics (i.e. COVID-19) riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), alien invasions, abnormal creatures, or paranormal activity, Gaia shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund (including partial refunds on terms specified above) or shall at its option, (b) elect to postpone the Event or (c) cancel the Event without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Event. Unless otherwise specified herein, at all times prior to the Event, Gaia reserves all rights to cancel or postpone the Event or to change the Venue, the artist lineup, time, the date of the Event or other Event-related components without any obligation by Gaia to give You additional or prior notice or compensation.
NOTIFICATION OF FESTIVAL CANCELLATION OR POSTPONEMENT
If Event is cancelled or postponed, whether in whole or in part, or if the Venue is closed, Gaia shall post a notification on the Site (gaiaenergyfestivals.com) relating to such cancellation or postponement.
ASSUMPTION OF RISKS
You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence during the Festival, including any risks that occur prior, during or after the Festival or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including Artists, Festival attendees, the Venue owners or operators and its staff, employees and agents; or Gaia, the Festival organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
Lost or Stolen Property
Festival organizers and their respective Indemnitees (defined in paragraph 18 below) shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or during the Festival, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property.
You assume all risks of personal injuries relating to Your attendance of the Festival including, but not limited to projectiles, hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks during the Festival and whether such injuries occur subsequent to the Festival.
LOUD MUSIC AND SPECIAL EFFECTS WARNING.
All or designated areas of the Venue during the Festival may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before attending the Festival, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Gaia, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Gaia, Venue owners, and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Festival, to the maximum extent permitted by applicable law.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Gaia, Gaia and its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. Gaia shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that Gaia shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Gaia, Gaia shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Festival, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS
Gaia and the Venue maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venue or otherwise during the Festival. You knowingly, intelligently and voluntarily consent to be searched by Gaia for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Festival or Venue and agree that the discovery of any prohibited items shall constitute a violation of Gaia’s anti-drug policies and shall correspondingly give Gaia the right to immediately revoke Your License to access the Venue, to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Gaia, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of weapons or anything in violation of these terms and conditions.
PROHIBITED ITEMS AND ACTIVITIES.
The following items and activities are strictly prohibited at the Festival: the use of cameras, video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags (permitted bags will be subject to search); skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Festival by others or poses a threat to public safety, as determined in the sole discretion of Gaia. Gaia reserves the right to terminate Your License to the Venue at any time if You engage in any prohibited activities.
Gaia shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You.
You agree that the terms and conditions contained herein, and as amended from time to time by Gaia, represent the entire agreement between You and the Gaia with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
ARBITRATION OF DISPUTES.
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and Gaia or You and any company or person employed by or which is affiliated with either Gaia, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of California law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator.
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth in Paragraph 11, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that Gaia shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
FOREIGN CURRENCY REFUNDS
Gaia shall not be responsible for any exchange rate losses incurred during the order or refund process. Gaia shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
MODEL ATTENDEE LIABILITY WAIVER AND ASSUMPTION OF RISK
Attendee assumes all risks and accepts sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that attendee may experience or incur in connection with attending the EVENT. Attendee hereby releases, covenants not to sue, discharges, and holds harmless ASSOCIATION, its employees, agents, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.
Specifically relating to the global COVID-19 pandemic, attendee acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk of exposure or infection by attending the EVENT, and that such exposure or infection may result in personal injury, illness, disability, and/or death to attendee. Attendee understands that the risk of becoming exposed to or infected by COVID-19 at the EVENT may result from the actions, omissions, or negligence of others who may attend the event or their families, colleagues, or others with whom they may have contact. Accordingly, attendee understands and agrees that this release includes any claims based on the actions, omissions, or negligence of ASSOCIATION, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the EVENT.
In addition to all other rules and regulations relating to the attendee’s attendance at the EVENT, attendee agrees to comply with all COVID-related procedures that may be implemented by ASSOCIATION and EVENT VENUE, including, but not limited to, mask-wearing and social distancing requirements and restrictions on certain activities that carry higher COVID-related risk, in order to protect as much as possible the health and safety of all EVENT attendees.