This agreement (“Agreement”) sets out the terms and conditions on which wireless internet access (“the Service”) is available free of charge to attendees of Desert Trip (“Festival”). The Service is provided by Tour Tech Support, Inc (“Provider”) and made available by Goldenvoice LLC (“Goldenvoice”).
Your access to the Service is completely at the discretion of the Festival and Provider. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for the Festival, disruption of access to other users or networks, and violation of applicable laws or regulations. By using the Service, you represent that you are at least 13 years of age.
We may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.
We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
that the Service may not be uninterrupted or error-free;
that your device may be exposed to viruses or other harmful applications through the Service;
that the Festival and Provider do not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
that the Festival’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;
that the Festival or Provider can at any point block access to Internet Services that they deem violate the “acceptable use” terms outlined below.
The Service and any products or services provided on or in connection with the Service are provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the Service, whether express or implied, arising by law, custom, prior oral or written statements by the Festival, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.
2. ACCEPTABLE USE OF THE SERVICE
2.1 You must not use the Service to access websites or services, or to send or receive content, which:
2.1.1 are defamatory, threatening, intimidating or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain material which may infringe a third party’s rights (including intellectual property rights);
2.1.6 are bulk and/or commercial messages;
2.1.7 contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;
2.1.8 are activities that invade another’s privacy; or
2.1.9 are otherwise unlawful or inappropriate.
2.2 Music, video, pictures, text and other content on the internet are copyrighted works and you should not download, alter, e-mail or otherwise use such content unless you are certain that the owner of such works has authorized its use by you.
2.3 You must not use the Service to access illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
2.4 You must not use the Service to distribute Internet Viruses, Trojan Horses, or other destructive software.
2.5 The Service is intended for use by Festival attendees only. Access to this Service must not be used for commercial activity.
2.6 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this Agreement.
2.7 Do not use the Service to transmit or receive any confidential information or data, as it is not secure. Should you choose to do so, you do so at your own risk.
3. CRIMINAL ACTIVITY
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United States or in any country throughout the world.
3.2 You agree and acknowledge that we will monitor your activity while you use this Service and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.
3.4 You further agree we are entitled to co-operate with law enforcement agencies, other authorities, and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have, and which we are entitled to provide by law, to such parties.
4. LIMITATION OF LIABILITY/INDEMNIFICATION
4.1 Under no circumstances will the Festival, Supplier, their suppliers or licensors, or their officers, directors, employees, agents, and affiliates (the “Festival Parties”) be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on your claims (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the Service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.
4.2 You agree to indemnify and hold harmless the Festival Parties from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this Agreement. This Section will not be construed to limit or exclude any other claims or remedies that the Festival Parties may assert under this Agreement or by law.
5. OTHER TERMS
5.1 Any dispute arising out of or relating in any way to your use of the Service or this Agreement shall be submitted to confidential, binding arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Los Angeles, California, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
5.2 The laws of the state of California and the United States govern this Agreement and any claims arising out of or relating to use of the Service, without giving effect to any choice of law rules. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Los Angeles, California will serve as the venue for any actions brought, or claims made, arising out of your use of the Service.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
If any provision of this Agreement is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of the Festival. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your attendance at the Festival. You agree and understand that this Agreement together with any other applicable agreements you may have entered into regarding the Festival, constitutes the entire agreement between you and the Festival regarding your use of the Service, and that any other prior agreements between you and Festival or Provider are superseded by this Agreement. Any failure by Festival to exercise its rights under this Agreement or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or relating to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By agreeing to this Agreement, I confirm that I accept these terms and conditions as the basis of my use of the Service.