Event Terms and Conditions Policy | One Magical Weekend | Walt Disney World June Gay Orlando Florida Pride Event

 


EVENT Terms and Conditions


Effective Date: November 1st 2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING CONTRACT.

Welcome to www.onemagicalweekend.com (the “Site“).

One Magical Weekend and its subsidiaries and affiliates ("OMW",” “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 crucial that you read and comprehend these Terms.

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. Any continued use of the Sites and/or the Services implies 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 SITE, ANY CONTENT ON THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THE TERMS.

By using the Sites and/or the Services, you are representing you are 18 years or older and are legally capable to enter into contracts. If you are under 18, you may use the Sites and/or the Services only with the involvement of a parent or 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, delete or add to the Terms at any time without notification to you. Any changes to the Terms will be effective immediately upon posting, and any continued use by you of the Sites and/or the Services after changes have been posted constitute your acceptance to those changes. It is your responsibility to review the Terms and applicable policies periodically for changes.

PRIVACY POLICY

We respect the privacy of our customers. Please read our Privacy Policy, located at www.onemagicalweekend.com/privacy.php, to understand our practices so that you may make an informed decision about using the Sites and the Services. Any information we may collect through your use of the Sites and the Services is subject to our Privacy Policy. Our Privacy Policy, together with the Terms, govern your use of the Sites, and the Privacy Policy is incorporated into the Terms by this reference. By continuing to use the Sites and/or the Services, you agree to be bound by our Privacy Policy. We may revise our Privacy Policy from time to time and any additional or different terms to our Privacy Policy will be effective 30 days after updates have been posted to this Site. Any continued use or access of the Site after changes to our Privacy Policy have been posted constitutes your agreement to be bound by the revised Privacy Policy. If we make changes to our Privacy Policy that, in our sole discretion, are material, we will notify you via the email address you have provided to us (when applicable), or via a notification on the Site.

INTELLECTUAL PROPERTY

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, publically 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 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.

THE SERVICES

The Site provides news and other information for One Magical Weekend.

On the Site you will be able to:

Find the latest news and information about One Magical Weekend
Purchase One Magical Weekend (the “Event”) tickets
Reserve One Magical Weekend (the “Event”) Hotel Rooms
Participate in contests, sweepstakes, surveys, forums, and other interactive features


NEWS AND INFORMATION

While we try to provide you with the most up-to-date and accurate information, we do not guarantee, and explicitly disclaim any responsibility for the accuracy, availability 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.

TICKET REGISTRATION

Conditioned on your acceptance of the Terms and our Privacy Policy, on the Site you are given an opportunity to register to receive priority access to purchase tickets to the Event. Here’s how it works.

VIP Earlybird tickets are available in limited supply.

Earlybird tickets are available in limited supply.

PRE-REGISTRATION DOES NOT GUARANTEE A VIP TICKET. All tickets, including VIP tickets, are sold on a first come, first serve basis.

(*Price Subject to Availability and does not include service charges, state taxes and fees || Rain or Shine || All Sales Are Final || Standing Room Only || Lineup Subject to Change)

INTERACTIVE FEATURES

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, video, 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. 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.

You represent and warrant that your User Content:

Will not defame, harass, harm or threaten any users or any other third party
Will not advocate or incite any illegal activity
Will not contain any false, inaccurate or misleading information, materials or links to websites
Will not contain any materials, information, or links to websites that infringe or violate the rights of any third party, including, without limitation, any third party’s copyright, patent, trademark, trade secret, rights of publicity, rights of privacy, or that violate any other laws or regulations
Will not contain any private information of any third parties
Will not contain any viruses, trojan horses or other harmful codes or programs that may damage the operations of any system or unlawfully intercept data or personal information
Will not impersonate another person or entity or falsely claim an affiliation with any person or entity
Will not advertise, solicit or attempt to sell any products or services or attempt to use the Communication Services for any commercial purpose or make available any unsolicited or unauthorized advertising or promotional materials. You shall not collect, attempt to collect or store any personal information of others through the Communication Services.
By submitting User Content through any of the Communication Services, you grant us an irrevocable, perpetual, non-excusive, royalty free, freely transferrable, sub-licensable, worldwide license to use, copy, sell, publically display, transmit, publically perform, create derivative works of, reformat, and distribute your User Content for any purpose without compensation to you.


One Magical Weekend 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 One Magical Weekend 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 One Magical Weekend, 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.

DMCA NOTIFICATION AND TAKE DOWN PROCEDURES

It is our policy to block or remove any User Content and other materials on the Sites and/or made available on or through the Services that we believe in good faith infringes the intellectual property rights of others.

If you are a copyright owner who believes that your rights have been violated by any materials, content or information on the Sites and/or made available on or through the Services, please send a notice containing the following information to the Designated Agent listed below:

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 work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Sites and/or Services.
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, and information reasonably sufficient to permit One Magical Weekend to locate the material.
Information reasonably sufficient to permit One Magical Weekend to contact you, 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 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. Upon notification, we will remove or disable access to the infringing material and notify the user that it has removed or disabled access to the material.

If the user believes in good faith that the material that was removed is either not infringing, or that user has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:

A physical or electronic signature of the user;
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which One Magical Weekend is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.


It is our policy to terminate repeat infringement offender’s access to the Site and the Services, and we reserve the right to do so.

Please contact our Designated Agent at the following email: billy@onmagicalweekend.com.com

SWEEPKSTAKES, CONTESTS, SURVEYS

From time to time, contests, sweepstakes and surveys (individually a “Game”) may be available on the Site. We use a third party service to manage and execute all Games. If you choose to participate in a Game, your participation will be subject to the Official Rules and Regulations applicable to that particular Game, which will be posted once that Game becomes available (the, “Rules”), these Terms, our Privacy Policy http://www.onemagicalweekend.com/privacy.php and the terms and conditions, privacy policy and any other conditions of the third party service that we use to manage and execute the Game. Therefore, we suggest you read and understand their terms of use and privacy policy before participating in any Game.

TICKETING WEBSITE URL

You may purchase tickets to One Magical Weekend Music Festival at www.onemagicalweekend.com/tickets.php once they go on sale, subject to availability. We use a third party ticketing company to manage and execute all ticket orders and customer service. The Terms as well as the terms of use and any other policies listed on their website, will govern your purchase of any tickets. You agree to pay all charges incurred by you or any users of your account, including any and all applicable taxes, and you agree to only use payment methods that belong to you or others that have expressly authorized you to use such payment method. One Magical Weekend is not responsible or liable for any issues or other claims that you may have related to purchasing tickets.

We use a third party service to facilitate and process payment transactions. Please review such third party’s terms and conditions and privacy policy before entering into any transaction www.eventbrite.com. We are not liable or responsible for such third party transactions.

ONE MAGICAL WEEKEND EVENTS: THERAPY POOL PARTIES, RIPTIDE, THE MAIN EVENT, DEEP
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 UNDERAGE.

ONE MAGICAL WEEKEND EVENTS: CADABRA AFTER HOURS
YOU MUST BE 21 YEARS OF AGE OR OLDER TO ATTEND THE EVENT. BY PURCHASING TICKETS, YOU REPRESENT AND WARRANT TO US THAT YOU ARE OR WILL BE 21 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 UNDERAGE.

WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS

One Magical Weekend 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 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 use to enforce the provisions of these Terms, including blocking IP addresses.

INTERNET ACCESS

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.

CUSTOMER COMMUNICATIONS

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 billy@onemagicalweekend.com.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Sites or Services, such as your suggestions regarding improvements that we make to the Sites or 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: (i) to maintain any Comments in confidence; (ii) to pay to you, or any third party, any compensation for any Comments; or (iii) to 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.

ACCOUNTS

To use certain features of the Sites and Services, you may be directed to register and/or 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 or 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 One Magical Weekend 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 NOTE SHARE OR TRANSFER YOUR ACCOUNT. You may not disclose your password to anyone. You agree to immediately notify One Magical Weekend by sending an email to billy@onemagicalweekend.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. One Magical Weekend 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.

One Magical Weekend 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. One Magical Weekend 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.

You acknowledge and agree that all of the Registration Information will be subject to and governed by our Privacy Policy (www.onemagicalweekend.com/privacy-policy) and the privacy policies and terms of use of any third party service providers we use in connection with the Sites and/or the Services.

LIMITED LICENSE TO USE SITE AND SERVICE

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 One Magical Weekend.

Any unauthorized use of the Sites or 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 One Magical Weekend, 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 One Magical Weekend’s name, likeness, logo or other proprietary graphic or trademark 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 One Magical Weekend’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 One Magical Weekend 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 One Magical Weekend; (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) One Magical Weekend reserves the right to revoke its consent to the link at any time and in its sole discretion.

THIRD PARTY CONTENT AND SERVICES

The Site also advertises, offers, or makes available information, content products and/or services provided by third parties. Certain features of the Sites and/or the Services are operated by third parties on our behalf (“Third Party Services”). When purchasing or using a product or service that is offered by or operated by a third party, you shall be subject to any terms of use, policies or other agreements of the third party offering or operating such Third Party Services, as well as the Terms. Third Party Services are provided solely for your convenience and One Magical Weekend makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Services. By making Third Party Services available on or through the Sites, we are not implying endorsement or responsibility for such Third Party Services.

HYPERLINKS

Our Sites may contain links to other websites that are not maintained or controlled by us (each a “Linked Site”). You acknowledge and agree that we are not responsible for the availability of any external services, products or materials offered on Linked Sites. Such Linked Sites are not monitored or checked for accuracy or availability. We are not responsible for the content posted on any Linked Site accessed through the Sites or any third party applications or software made available through a Linked Site. Including a Linked Site on the Sites does not imply endorsement thereof by One Magical Weekend. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any materials on or available from such services and websites. You are responsible for viewing and abiding by the terms of use and privacy policies of any Linked Sites posted on their websites.

ELIGIBILITY

The Sites and Services are operated from the United States. We do not represent or warrant that the Sites or 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 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 OR 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.

DISCLAIMER OF WARRANTIES

THE SITES AND 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. One Magical Weekend 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. One Magical Weekend 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; THAT THE SITES 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 OR THE SERVICES.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall One Magical Weekend 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 One Magical Weekend 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 alternation 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.

One Magical Weekend’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.

INDEMNIFICATION

You agree to defend, indemnify and hold One Magical Weekend, 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.

GOVERNING LAW; JURISDICTION

The Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to choice of law principles. All disputes arising out of or related to your use of the Sites and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida and you agree to submit to the personal jurisdiction of such courts.

GENERAL

Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and One Magical Weekend as a result of the Terms or your use of the Sites or the Services.

Assignment. One Magical Weekend 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 One Magical Weekend’s 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 will 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: billy@onemagicalweekend.com, unless otherwise specified herein.

Equitable Remedies. You hereby agree that One Magical Weekend would be irreparably damaged if the terms of the Terms 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 billy@onemagicalweekend.com.


Ticketing Terms and Conditions
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME THE ALLOCATION OF RISK TO YOU AS SET FORTH HEREUNDER, DO NOT ENTER THE EVENT.

Any purchase, possession, or presentation of this ticket (“Ticket(s)”) by you (“You,” “Your” “Bearer” or “Holder” of this Ticket) constitutes your irrevocable acceptance of, and agreement to be bound by, these terms and conditions respecting the event (“Event”). You agree that Issuer may modify, add, remove, supplement, amend, update or revise any of these terms and conditions, without advanced notification to You (collectively, “Revise” or “Revision(s)”) by posting such Revisions on Issuer’s website located at www.onemagicalweekend.com (the “Site”) and which Revisions shall, at Issuer’s option, relate back to the date of purchase. Your Ticket shall be deemed a revocable license issued by EVENT East Gate Events, LLC, (“Issuer,” “We,” “Our” or “Us”) for the sole purpose of accessing the venue where the Event is scheduled to occur (the “Venue”) and for attending the Event (the “License”). Issuer may revoke the License at any time without additional notification or compensation to You, including denying You access to the Venue. Issuer assumes no legal, financial or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets. If You obtain Your Ticket(s) from any unauthorized source(s), You 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 Issuer. Your Ticket is not redeemable for cash. Upon Event cancellation by Issuer, Issuer may in its sole and absolute discretion elect to either issue a full or partial refund, not issue any refunds, or reschedule the Event. Once Venue gates open, the Event, on that particular date, shall be deemed to have been delivered in its entirety and not subject to any refunds. Delayed Venue gate openings and Your inability to access any parts of the Venue or Event due to Federal, state, municipal or other code regulations, Issuer’s policy(ies), weight load restrictions, emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall not entitle You to refunds or future credits. Upon the cancellation of the entire Event, including, but not limited to events not within Issuer’s control, governmental acts, acts of God, riots, production delays, strikes, natural disasters or inclement weather (regardless of severity), Issuer may, at its sole and absolute discretion elect to either, (a) issue You a full or partial refund or (b) postpone the Event for future date and/or offer a comparable “make good.” Under no circumstances shall You be entitled to any type of refund or exchange due or contributed to by weather or governmental acts. If Issuer elects to issue a refund, the Ticket purchaser of record shall be refunded an amount up to the face value of the Ticket(s) only. If Issuer elects to reschedule the Event for a future date, You shall not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees. At all times prior to the Event, Issuer reserves all rights to cancel or postpone the Event or to change the Venue, artist lineup, times, and dates of the Event or other Event details without prior notice. Issuer shall not be responsible for any exchange rate losses to You during the order or refund process.

ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. This Event is “Rain or Shine.” As a condition to attend the Event, You represent and warrant that You are the “Minimum Age” or older. Minimum Age means 18 years of age on the date and time listed on the front of the ticket. Valid government issued photo identification of You (“ID”) WILL be required at entry in order to gain entry to the Venue. As a condition to attend all After Hour Events, You represent and warrant that You are the “Minimum Age of 21” or older. Minimum Age for all After Hour Events means 21 years of age on the date and time listed on the front of the ticket. Bearer or Holder of any Ticket represents and warrants that the information provided on the ID presented by them is valid, true, and correct. Issuer reserves the right, without the obligation to refund any portion of the Ticket purchase price, to refuse entry to any person not of minimum age. Bearer or Holder of this Ticket hereby affirmatively knowingly and voluntarily consents to Issuer swiping their ID as presented by them to verify, collect, store and use such personal information for any lawful purpose (collectively “Swipe”) including Your photo, legal name, date of birth, sex, address of record, telephone number and any other personal information obtained on Your ID. You hereby assume any and all risks, whether expressly set forth herein, as well as any other risks or dangers incidental, or in any way relating to the Event, including those arising from or relating to the acts or omissions of third parties (including Artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees) including risk of loss or damage to Your personal property and risks of personal injury. Issuer and their respective Indemnitees, designees, successors or assigns 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 at Venue access/entry points, regardless of fault or for personal injuries sustained by You relating to or arising from extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks and whether such injuries or manifestation of those injuries occur during or subsequent to the Event. You hereby agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Issuer, East Gate Events, LLC, Event organizers, sponsors, participants and artists, and each of their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Event. Issuer or its designee(s), successor(s), or assign(s) shall have the right to record, publish, print, display or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Your name, image, portrait, photograph, voice and/or other likeness, without compensation or notification to or additional consent by You.

You further acknowledge and agree that Issuer or its designee(s), successor(s) or assign(s) shall be the sole and exclusive owner of any such work containing Your image, voice and/or likeness. Issuer and the Venue maintain a zero tolerance policy regarding illegal or illicit drug use at the Event. You affirmatively, knowingly, intelligently and voluntarily consent to be searched by Issuer for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Event or Venue. Issuer and the Venue maintain a zero tolerance policy regarding lewd and lascivious behavior or conduct, including disorderly or violent behavior or vulgar or violent language. You hereby acknowledge and agree that the discovery of any prohibited items or such lewd and lascivious behavior shall constitute a violation of Issuer’s policies and shall correspondingly give Issuer the right to confiscate any such prohibited item(s) and/or correspondingly give Issuer the right to immediately revoke Your License to access the Venue and to deny You any future entry to the Event or Venue without any legal or financial liability to Issuer. Issuer 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 these terms and conditions, as supplemented by the terms and conditions on the Site, including the Ticketing terms and conditions and prohibited items list, as amended from time to time by Issuer with or without notification to You, and those additional policies published at the Venue represent the entire agreement between You and the Issuer with respect to its subject matter hereof. You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any relationship or dispute between You and Issuer or You and any company or person employed by or which is affiliated with Issuer, (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, 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.

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, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. 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, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the U.S. District Court in the Central District of Florida with venue lying in Orange County. This Agreement shall be governed and construed in accordance with the laws of Florida, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement or the breach thereof. In light of Your agreement to all the terms and conditions contained herein, You further agree, in conformity therewith that, in no event shall You commence a chargeback dispute with Your credit or debit card issuer relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Issuer shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
 
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