Terms and Conditions of Use
Effective Date: April 20, 2023
Welcome to ultramusicfestival.com (the “Site“).
Ultra Enterprises Inc. and/or its successors, assigns, subsidiaries, affiliates and/or designees (sometimes collectively referred to as “Ultra,” “us,” “we,” or “our”) provide website access, features, content and services to you subject to the following Terms and Conditions of Use (the “Terms”). These Terms govern User’s (sometimes referred to as “your or “your”) use of, interaction with, registration on and/or access to, the Site and its content, as well as your use, interaction with and access to any of our affiliated websites (collectively “Site(s)”) and of any services, features, offerings and content offered by us on or through the Sites (the “Services”). By continuing to use the Site, you voluntarily and knowingly agree to abide by these Terms even though the Terms significantly limit your legal rights and remedies.
BY USING OR THE SITE OR BY CONTINUING TO USE THE SITE, YOU KNOWINGLY AND VOLUNTARILY ASSENT TO COMPLYING WITH THESE TERMS WHICH TERMS MAY BE UPDATED FROM TIME TO TIME. IF YOU DO NOT AREE WITH THESE TERMS OR IF YOU DO NOT AGREE TO HAVE YOUR LEGAL RIGHTS LIMITED, DO NOT USE THE SITE OR ITS SERVICES. BY USING THE SITE, YOU PROMISE AND REPRESENT TO US THAT YOU WILL NOT USE THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES OR ORFERINGS PROVIDED ON OR THROUGH THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED.
By using the Site and/or the Service, you are representing to us that you are 18 years of age or older or have reached age of legal majority and are legally competent to enter into, and to be bound by, these Terms. If you are under 18, or have not reached an age of legal majority you may only use the Site and/or the Service with the consent of a parent or legal guardian and we will not be liable or responsible for any claims, demands, losses or damages that may result from any violation of this provision by you or from your failure to comply with our age requirements.
MODIFICATION OF THE TERMS
We reserve the right to change, update, modify, delete or add to the Terms at any time with notification to you and any such changes to the Terms will be effective immediately upon publication (unless a later effective date is specified). The use of the Site and/or the Service after changes to the Terms have been published constitutes your knowing and voluntary acceptance to such changes, updates, modifications, deletions or additions..
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 is 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 Site and/or the Service 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. Nothing on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Site or on, or through, the Services, without the prior express written permission of the Content owner. 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 and constitutes a violation of these Terms.
On the Site you will be able to:
- Find information about Ultra Music Festival (the “Event”);
- Create an Ultra Passport Account;
- Register to receive priority access to purchase tickets to the Event;
- Watch a live stream of certain performances occurring during the Event (the “Live Stream”);
- Purchase tickets to the Event; and
- Participate in contests, sweepstakes, surveys, forums and other interactive features.
NEWS AND INFORMATION
While we strive to provide you with the most up-to-date, complete and accurate information, we cannot and do not guarantee the accuracy, completeness and/or currentness of information on the Site.
LIVE STREAM OF ULTRA MUSIC FESTIVAL
During the Event, a Live Stream transmission may be available on the Site and in such case, we own the rights to the Live Stream and hereby grant you a limited, non-exclusive, non-transferable, freely revocable license to access and view all or part of the Live Stream transmission ON A STREAMING ONLY BASIS and for personal, non-commercial purposes only. You may not use the Live Stream transmission, or any of the text, graphics, logos, music and/or any other audio or visual content, or any portion thereof, for any commercial purpose and are prohibited from creating derivative works or materials that otherwise are derived from or based on the Live Stream transmission, including any mash-up videos. 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 us in writing. You agree that you will not circumvent, disable or otherwise interfere with security related features of any applicable embeddable player(s) or any other features of the Site and/or the Services that prevent, frustrate, delay 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 you and others may find to be objectionable. You hereby waive all legal or equitable rights or remedies you may have regarding all content and other materials related to the Live Stream. Without limiting the foregoing, you hereby release and hold us 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, delays 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 Ultra has sole control over which performances will be transmitted via Live Stream.
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, transmit or otherwise share through the Communication Services (the “User Content”). 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 and without prior notification to you. We also reserve the right to terminate, limit or deny access and use of the communication service to any individual in our discretion.
You agree and represent that your User Content is not:
- 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;
- Violative of 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 Ultra the right to sublicense your User Content to other users. We shall have the right but not the obligation to use your User Content. Ultra 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. Under no circumstances will we be liable 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 Site or through the use of the Site 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 : (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 Site 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 there is an emergency that poses a health and/or safety threat; and (v) in order to protect our rights or property. By agreeing to these Terms, you hereby gran your irrevocable consent to such monitoring, access and disclosure.
SWEEPSTAKES, CONTESTS, SURVEYS
TICKETING WEBSITE URL
WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS
We reserve the right to modify, suspend or discontinue (temporarily or permanently) any portion of the Site and/or the Services, in our sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Site and/or the Services or restrict your access to portions of or to 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 right to delete your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice, without liability. You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available to us in law or equity, to revoke your right to use the Site and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms.
You are solely responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Site, the Linked Sites, any Third Party Services and/or the Services, or any portion thereof.
When you visit the Site, 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 Site and on other official platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal notice requirement. You may communicate with us and offer comments and/or feedback by emailing us at [email protected]. All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Site and/or the Services (collectively, “Comments”), will become our sole and 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, privileges, 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 Site 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 sole responsibility for all activities that occur under your Account or password.
Subject to these Terms, you are granted a limited, non-assignable right to use and access the Site 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 Site 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 Site and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Site 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). Any unauthorized use of the Site and/or the Services automatically terminates the license granted to you. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Ultra, the Site, 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 our name, likeness, logo(s) or other proprietary graphic(s) or trademark(s) as part of the link without our express written permission. If you place a link to the Site(s) on a third-party website, you must adhere to Ultra’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 Ultra 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 Ultra and/or with its brand; (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) Ultra reserves the right to revoke its to the link at any time and in its sole discretion.
THIRD-PARTY CONTENT AND SERVICES
We are committed to providing an environment that is accessible to all visitors and our efforts are ongoing as we incorporate improvements 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 assistance with the Site please contact us at [email protected]. If you believe that you have identified an inaccessible area on the Site, please notify us and specify the specific page together with other related information so that we can make reasonable efforts to allow for, or to improve accessibility. If such page cannot be made accessible with 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 protected] and in such case, provide the format that you require the content to be presented in, the web page address of the material and your contact information.
EXPORT CONTROL LAWS
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 targeted foreign countries or regimes that are subject to trade embargo or sanctions or listed on any of the United States Government’s lists of prohibited and restricted parties.
DISCLAIMER OF WARRANTIES
THE SITE AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND THE SERVICES ARE BEING MADE AVAILABLE TO YOU WITHOUT ANY WARRANTY OF ANY KIND BY US (EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND/OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE 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 AGREE THAT USE OF THE SITE AND/OR THE SERVICES SHALL BE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE SITE AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL COSTS RESULTING FROM THE USE OF THE SITE AND/OR THE SERVICES.
LIMITATION OF LIABILITY
Ultra shall not 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) losses relating to travel expenses, lodging meals and/or related airline change or rerouting fees or orders, cancellation fees; (iii) loss or damage to any personal property, your use of the Site and/or the Services; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site and/or Service; and (v) losses relating to the use or inability to use or interruptions on or relating to the Site or to the Services, the software or to transmissions of data.
ULTRA’S MAXIMUM AGGREGATE LIABILITY TO YOU IS ONE HUNDRED DOLLARS ($100) AND YOUR SOLE REMEDY FOR ANY CLAIMS, DEMANDS, DAMAGES OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND/OR THE SERVICE.
You agree to defend, indemnify and hold Ultra, and its successors, assigns, and any affiliated entities or person, including 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, demands, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs incurred by us) hereinafter collectively, “Claims” arising out of or relating to (i) your use of the Site and/or the Services, (ii) your negligent acts and omissions and from any other wrongful acts or misconduct by you; (iii) your non-performance or non-compliance of the Terms; (iv) your violation of any law, rule, policies, regulations or rights of others in connection with your use of the Site or the Service(s), (iv) any infringement or other intellectual property Claims associated with the use, storage or exploitation of any User Content; (vii) violation of any copyright, trade secret, or any other intellectual property rights or from any or misappropriation of
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; MANDATORY ARBITRATION, ANTI-CLASS WAIVERE; GOVERNING LAW
You agree that any disputes arising from or relating to the Site, the Services, these Terms, from any relationship between you and Ultra or between you and any company or person employed by or affiliated with Ultra, and/or (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 EITHER THIS SITE OR THE SERVICES,YOU ARE AGREEING TO GIVE UP YOUR 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. YOU FURTHER AGREE NOT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION OR OTHER CLASS OR CONSOLIDATED PROCEEDING IN CONNECTION WITH ANY DISPUTE. As a precondition to commencing an action by arbitration, you agree to first participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other legal action). If the parties are unable to resolve a Dispute by means of non-binding mediation, the arbitration of Disputes will be only administered by the American Arbitration Association (AAA) and exclusively in accordance with Commercial Arbitration Rules.. Such arbitration shall be conducted at the AAA office located in Miami, Florida and the arbitration shall be selected by Ultra. Any proceeding challenging this arbitration agreement must be brought in the state court or, if jurisdiction permits, in the U.S. District Court in the Southern District of Florida or in any Florida court of competent jurisdiction with venue lying in Miami-Dade County, to the exclusion of all other forums. The terms of this provision shall be governed and construed in accordance with the laws of Florida, excluding Florida’s choice-of-law principles, and all claims, demands or Disputes relating to or arising from these Terms, whether sounding in contract, tort or otherwise, shall be governed by the laws of Florida. If you do not agree with the Terms as contain in this provision, do not use or continue to use the Site or Services. If you do not want to give up your right to go to court in the event of a Dispute, do not use or continue to use the Site or Services. If you do not want to give up your right to have your Dispute adjudicated as a class or if you do not want to give up your right to participate in a class action in the event of a Dispute, do not use or continue to use the Site or Services.
RELATIONSHIP OF PARTIES.
No joint venture, partnership, employment, or agency relationship is intended nor shall a joint venture, partnership, employment, or agency relationship occur by virtue of you agreeing to comply with these Terms, by you complying with these Term, or by you performing obligations pursuant to these Terms.
We may, at any time, assign all or some of its rights, privileges, title, and interests in and to these Terms, in whole or in part, to a third party or other entity , with or without any notification to you and/or without your consent. We may also, at any time, elect to delegate all or some of our duties under these Terms to a third party or to another person and, we may elect to do so without notification to you and without our consent. You agree not to assign any of your rights or interests under these Terms without our express prior written consent. If you attempt to assign any of your rights or interests under these Terms, such assignment shall be void from inceptions.
If any of these Terms are found to be invalid or unenforceable, then such 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.
In the event that any dispute, demand, or claim arises in connection with or in relation to these Terms, each party shall bear responsibility for their respective legal fees and costs including for costs relating to attorneys’ fees (at all levels). The terms of this provision shall apply irrespective of whether a party may be entitlement to recover fees and costs and when taking that into account, you agree to waive your rights to recover such fees.
Any failure by us to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor shall any such failure by us to enforce any provision of these Terms, in any way affect our right to later enforce the terms of the applicable provision or our right to exercise our rights or privileges under these Terms. 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.
All notices from you must be in writing and must be writing and must be addressed: Event Entertainment Group, Inc., 201 S. Biscayne Boulevard, Suite 800, Miami, Florida 33131.
You expressly agree that we shall be irreparably harmed if some or all of the Terms were not complied with or if such Terms were violated by you. You further agree that, in such case(s), we shall be entitled (without the requirement of having to post a bond, other security, or proof of damages), to equitable relief and remedies and, you further agree our entitlement to such equitable relief shall be in addition to, and not in lieu of, all other remedies otherwise available to us under applicable laws. All questions and concerns regarding the Terms should be directed to [email protected].