StarFest Terms and Conditions
STARFEST CONVENTION TERMS AND CONDITIONS
By participating in StarFest you agree to the following:
StarFest events are provided with no special warranty either express or implied. StarFest assumes no liability for any loss, theft, damage, or injury to property or persons, including death, whether arising in contract, negligence, equity, or otherwise. You assume all risks when participating at StarFest events. All participants must use care and good judgment and must obey all applicable laws and all StarFest rules. StarFest reserves the right to eject any participant who does not comply with requests made by StarFest personnel. Ejected participants are not entitled to a refund or any further recourse. You will defend, indemnify and hold harmless StarFest, its organizers, agents, and volunteers for any and all legal actions arising out of participation in a StarFest event. You further agree to pay all legal fees incurred by StarFest that arise due to this agreement. You give StarFest authorization to use and post any photographs, videotapes, recordings or any other record of our events, including full names of any participants, before during or after the event for promotional use, reporting to the media and to publish on our website or blog. You will not be entitled to any compensation for StarFest’s use of your name or image. If a StarFest event is cancelled or postponed due to reasons beyond the control of StarFest, you will be given the option of using your ticket to a future StarFest event. Refunds for any reason will be at the discretion of StarFest. StarFest reserves the right to exclude anyone from becoming a StarFest participant should they choose not to accept this Agreement.
STARFEST WEBSITE TERMS AND CONDITIONS
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by StarFestDenver.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old or under the supervision of an adult guardian at the time of the use of StarFestDenver.com.
- You are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. StarFestDenver.com may change or remove any content on StarFestDenver.com or our Facebook pages that we consider inappropriate or unlawful, or otherwise likely to cause StarFestDenver.com liability. You must immediately notify StarFestDenver.com of any unauthorized uses of your account or any other breaches of security. StarFestDenver.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Website Visitors. StarFestDenver.com has not reviewed, and cannot review, all of the material, posted to comments on StarFestDenver.com, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, StarFestDenver.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. StarFestDenver.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright Infringement and DMCA Policy. As StarFestDenver.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by StarFestDenver.com violates your copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. StarFestDenver.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of StarFestDenver.com or others.
- Intellectual Property. This Agreement does not transfer from StarFestDenver.com to you any StarFestDenver.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with StarFestDenver.com. StarFestDenver, StarFestDenver.com, the StarFestDenver.com logo, and all other trademarks, service marks, graphics and logos used in connection with StarFestDenver.com, or the Website are trademarks or registered trademarks of StarFestDenver.com or StarFestDenver.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any StarFestDenver.com or third-party trademarks.
- Changes. StarFestDenver.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. StarFestDenver.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. StarFestDenver.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. StarFestDenver.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StarFestDenver.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will StarFestDenver.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. StarFestDenver.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless StarFestDenver.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between StarFestDenver.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of StarFestDenver.com, or by the posting by StarFestDenver.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StarFestDenver.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.