Terms of Use

November 21, 2024

WELCOME

Welcome to the website for the Wonderfront Music & Arts Festival in San Diego, California. Wonderfrontfestival.com (the, “Site”) and its related applications are owned and operated by Wonderfront Holdings LLC (“Company”).

Company provides access to this Site and any related services subject to your compliance with the following Terms of Use. These Terms of Use constitute an agreement between you and Company (“Terms of Use” and/or this “Agreement”)  that governs the relationship between you and Company with respect to your use of this website and its related services.  To the extent additional rules or guidelines affect your use of this website, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use.

Our website primarily provides information about our festival, festival related events, performers and other content we think would be of interest to you. To the extent new services, content or features are added to our website in the future, your use thereof is subject to these Terms of Use.

YOUR REPRESENTATIONS

As a condition of your right to use our website and related services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing this website under the laws of the United States or any other country.

USER GUIDELINES

You agree that you will abide by all applicable laws, rules and regulations, and that you will not:

• Collect or store personal data about other users from our website or solicit personal information from any individual;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Send or promote any message that is unlawful, knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law;
• Infringe on any patent, trademark, trade secret, copyright of Company or third-parties;
• Disrupt or interfere with the security or use of this website or any websites or content linked to them;
• Interfere with or damage this website and its related services, including, without limitation, through the use of viruses, harmful code, worms, or other harmful and disruptive actions;
• Attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity or create or use a false identity;
• Attempt to obtain unauthorized access to the website or its related services or portions thereof that are restricted from general access;
• Attempt to reverse engineer or otherwise obtain the code in any form for any software used in this website and its related services;
• Assist any third party in engaging in any activity prohibited by these Terms of Use.
• You may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Company content or any use of or access to its website and related services;

THIRD-PARTY SERVICES AND CONTENT

Your use of our website may link you to third–party websites for ticketing, or artists or sponsors.   You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through these third-party websites.  You further acknowledge that any reliance on representations and warranties provided by any party other than Company will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Such third parties’ may have their own Terms of Use for which you may have to accept in order to enter such a website. Accordingly, you agree to accept such terms if prompted.

TICKETING/PAYMENT

All ticketing and payment services shall be done through Events.com, Inc., at events.com Accordingly, your account, confirmation emails, ticketing, payments, and any disputes shall run through their respective website and you shall be subject to their own terms of use.

INTELLECTUAL PROPERTY

The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned or licensed by Company or its licensors, and are intended to educate and inform you about the festival and other products and services offered or described on the Site. The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Company and will remain the exclusive property of Company. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Company’s ownership of the Site and the content therein. You may not use any of Company’s property without the permission of the Company in any manner that is likely to cause confusion with Company’s business, or in any manner that disparages the Company.

License. Subject to your compliance with these Terms of Use, you may use the Materials solely for use under this Agreement, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable limited license to use the Site and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Company. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.

Promotional Materials. You agree to receive notifications regarding free product, promotional items, and giveaways (“Promotional Materials”), but you may opt out of such an option. The Company reserves the right to send Promotional Materials regarding the festival and/or other material that we feel you may be interested in based upon your searches.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, AMBASSADORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL COMPANY, ADVERTISERS AND SPONSORS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW.  IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and their respective affiliated companies, officers, directors, employees, agents, licensors, subsidiaries, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from your use of the web site, any violation or breach by you of these Terms of Use and any violation of applicable law. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

DISPUTES & ARBITRATION AGREEMENT

Any dispute or claim relating in any way to your use of our website or its services sold or distributed by us or through us, shall be determined by arbitration in San Diego County, California before one arbitrator. The arbitration will be conducted by JAMS, which is a neutral arbitration company with an office located in San Diego, California, under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at www.jamsadr.com or by calling the Sand Diego office at (619)-236–1848.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Wonderfront Holdings LLC, 811 Prospect St La Jolla, CA 92037 Attn: Legal and in email to legal@events.com.  Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.  You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

MISCELLANEOUS

Assignment. You may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the Company. Any attempted assignment or delegation without such consent will be void. The Company may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.

Right to Amend: Company has the right to amend the provisions under these Terms of Use within its sole discretion but will inform. However, the Company will inform the Customer in writing any amendments to the Terms of Use.

Survival. Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

Authority. You represent to Company that you have the authority to register with Company according to these Terms of Use.

Waiver. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Headings. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

No Third Party Beneficiaries. Except for certain Company licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.

Severability.  If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of these Terms of Use (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and these Terms of Use shall be deemed amended accordingly.

Different Versions. We may translate these Terms of Use, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the site into other languages for Your convenience. The English language version of each of these documents is the version that governs your use of the site and in the event of any conflict between the English language version and a translated version, the English language version will control. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement. This Agreement, as well as any of its links, contains the entire understanding of the parties regarding the subject matter hereof and can only be modified or amended by a subsequent written agreement executed by both parties.

Force Majeure. Neither party will be deemed to be in default hereunder, or will be liable to the other, for failure to perform any of its obligations under this Agreement to the extent that such failure results from any event or circumstance beyond that party’s reasonable control. If there is a default or delay in a party’s performance of its obligations under this Agreement (except for the obligation to make any payments under this Agreement), and the default or delay is caused by circumstances beyond the reasonable control of that Party including but not limited to fire, flood, earthquake, elements of nature, acts of God, epidemic, explosion, power failure, war, terrorism, revolution, civil commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, or labor unrest such as strikes, slowdowns, picketing or boycotts, then that Party shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day-by-day basis, if that party uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance.

Relationship of Parties. Company and you are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Company and you. Neither Company nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

QUESTIONS

If you have any questions, comments or complaints regarding these Terms or our website, please contact us at:

Wonderfront Holdings, LLC
811 Prospect St

La Jolla, CA 92037
(619) 340–1070