This website and its related downloadable applications and Services (“Website” or “Services”) is operated, hosted, and maintained by Fests LLC D/B/A BeerFests.com (“Fests LLC,” "BeerFests.com," "we," “our” “Company” or "us").
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with BeerFests.com. If you are not 18 years old or older, you must not access or use the Website or Services.
When these Terms use the term "Organizer," we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Beer Festival Events ("Consumers" “You” or “Users”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
Fests LLC acts as third party agent to Organizers who are promoting and/or otherwise providing you with Event Tickets. By purchasing a Ticket on the website through the Services, you will either be purchasing that ticket from: (1) Fests LLC; or (2) the Event Organizer.
LEGAL DRINKING AGE NOTICE
To use this website and Services you must be of a legal drinking age in your country, province, or state of residence for the consumption of alcoholic beverages and live in a country where the consumption of alcoholic beverages is permitted. Please exit this website immediately if you are not of a legal age in your place of residence for consuming alcoholic beverages or are in a country where consumption of alcoholic beverages is not permitted.
Fests LLC Services and Role
What We Do. Fests LLC’s Services provide a simple and quick means for Organizers to display beer festivals on webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Consumers or other Users.
How We Fit In. Fests LLC is not the creator, organizer or owner of the events listed on the Services. Rather, Fests LLC provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organizer of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Organizer selects. If the Organizer selects a payment processing method that uses a third party to process the payment, then neither Fests LLC nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Organizer's designated payment provider. If an Organizer uses Fests LLC’s Payment Processing Fests LLC also acts as the Organizer's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
Release. You hereby agree to release Fests LLC and Beerfests.com from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
WE OFFER NO REFUNDS WHATSOEVER FOR ANY TICKET PURCHASES YOU MAKE BY USING THE SERVICES TO ATTEND ANY BEER FESTIVALS.
License to the Fests LLC Services
Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Fests LLC may own the Site Content or portions of the Site Content may be made available to Fests LLC through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Fests LLC and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
Trademarks. The trademarks, service marks and logos of Beerfests.com and Fests LLC (the "Fests LLC Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Fests LLC. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Fests LLC Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Fests LLC specific for each such use. The Trademarks may not be used to disparage Fests LLC, any third party or Fests LLC's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Fests LLC approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Fests LLC Trademark will inure to Fests LLC's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Fests LLC and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
Use of Sub-domains. Fests LLC may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].BeerFests.com or Fests LLC.com) for a given event. All such sub-domains are the sole property of Fests LLC and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Fests LLC provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Fests LLC terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
CERTAIN USE LIMITATIONS
The website is offered to you free of charge to view, while other Services, including purchasing tickets for beer festivals through the Services are fee based.
You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding paragraphs, BeerFests.com does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Fests LLC offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Fests LLC permitting you to access and use the Services, you hereby agree to release Fests LLC, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Fests LLC, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Fests LLC from time to time.
You represent, warrant, and agree that any information or materials you submit to or post on the Website (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Website; (d) will not promote illegal or harmful activities; and (e) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.
To be a registered user of the Services, whether as a general user, Organizer or Consumer, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "User Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fests LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fests LLC in its sole digression has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Site (or any portion thereof).
Fees and Refunds.
Fees That We Charge.
Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Fests LLC and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by Fests LLC to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Fests LLC, but may in some cases include an element of profit and in some cases include an element of loss. Fests LLC does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Fests LLC does not help with or facilitate transfers to tickets to events.
Because all transactions are between an Organizer and its respective attendees, Fests LLC asks that all Consumers contact the applicable Organizer of their event with any refund requests.
(a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Fests LLC will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Fests LLC will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
(b) If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Fests LLC will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Fests LLC will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
PAYMENT. For tickets purchased by you using the Services to attend beer festivals the following language will apply:
1. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. Fests LLC and Organizers utilize the services of third party payment processors to process all credit card payments you make for Services offered by Organizers on the website and Services.
3. You must pay with one of the following:
1. A valid credit card acceptable;
2. A valid debit card acceptable;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
4. By another payment option BeerFests.com or an Organizer provides to you in writing.
4. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
5. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
6. Additional cancellation or renewal terms may be provided to you on the website for the Services.
USE WITH YOUR MOBILE DEVICE
Use of the Website and Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
BeerFests.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
This Website may feature information, materials, products, and services provided by third parties, which may include content providers, payment processors, advertisers, and other users (collectively, the “Third Party Information”). All such information, materials, products, and services made available by a third party are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.
You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.
LINKS TO THIRD PARTY SITES
This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, “Third Party Links” or "Links") operated by parties other than Fests LLC. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that Fests LLC is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.
IN NO EVENT SHALL FESTS LLC BE LIABLE FOR ANY DAMAGES SUFFERED BY A WEBSITE USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER FESTS LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.
Fests LLC consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Fests LLC; (c) imply that Fests LLC approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Fests LLC or otherwise damage the goodwill associated with Fests LLC’s name or trademarks. As a further condition to being permitted to link to this site, you agree that Fests LLC may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of Fests LLC’s trademarks.
The Content of Others
Content (“content”) on our website may be produced by other users and other third parties (“third party content”) and may contain content or materials (“materials”) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Fests LLC reserves the right to review all content that appears on the website or Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the website or Services.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers or any other users of the Website or Services, are those of the respective author(s) or distributor(s) and not of Fests LLC.
You are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. As such, you should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the website or Services or obtained by you through the website or Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or Services or endorse any opinions expressed via the website or Services. You understand that by using the website or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website or Services and, we cannot take responsibility for such Content.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Through these Terms, we make clear that we do not want the website or Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the website or Services will always conform to our Terms.
You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. Fests LLC may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
Fests LLC reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site and Services; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and reserve the right to
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or
speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of
material that the provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable, whether or
not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others
the technical means to restrict access to material described in paragraph (1).
License to User Content and Feedback
You retain your rights to any Content you submit, post or display on or through the website. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Only to the extent as permitted by law, if you post content or submit material to Fests LLC, including photographs or material you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Services, Fests LLC’s website or its publisher partners, maintaining Fests LLC website and promoting Fests LLC without restriction. You further grant to Fests LLC, its affiliates, and sublicensees the right to use your user name, user name, and/or trademarks and logos in connection with any such User Content or Fests LLC marketing materials or content that we might publish or display on the site or Services.
As a user of the site or Services, you represent, warrant and acknowledge that: (i) you own the User Content that you submit, display, post or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting or availability on or through the Site does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Fests LLC and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this Section for any such User Content, you must email Us at: [email protected] with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include (a) your name, address, telephone number, and email address; (b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (c) identification of the User Content for which the license is to be revoked, and please provide all necessary information reasonably sufficient to allow Fests LLC to locate and remove such User Content on the Site; (d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the site.
Only if you desire to do so voluntarily, you may offer feedback to Fests LLC about the functionality and performance of the Site, including, without limitation, identifying ways to modify the site, potential errors, making improvements, fixing bugs, or enhancements (“Feedback”). By providing Feedback, you hereby grant to Fests LLC a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, make sublicense, reproduce, perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Fests LLC may disclose any or all Feedback to any third party in any manner, and you agree that Fests LLC may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction, and will not put Fests LLC under any confidentiality, fiduciary, or other any obligation, and that Fests LLC is free to use such Feedback without any additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to Fests LLC, or developed or created by its employees, or derived from sources other than you.
Fests LLC does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Fests LLC will be deemed NOT to be confidential. By sending Fests LLC any information or material, you grant Fests LLC an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Fests LLC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Fests LLC for the purpose of receiving products or services will be handled in accordance with our privacy policies.
Information Fests LLC publishes on the Internet may contain references or cross references to Fests LLC’s products, programs and services that are not announced or available in your country. Such references do not imply that Fests LLC intends to announce or make available such products, programs, or services in your country.
You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize your account, (c) to ensure that you fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.
We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or Services any infringing material that we become aware of. And if Fests LLC becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:
Attn: Kevin Mardorf
Email: [email protected]
If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
● contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
● identify the copyrighted work claimed to have been infringed;
● identify 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 let us locate the material;
● provide your contact information, including your address, telephone number, and an email address;
● provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● provide 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 copyright owner.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website or the Services ("Software") is the copyrighted work of Fests LLC and/or its suppliers. Your use of any Software is governed by the terms of our Licensing Agreement, if any, that accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms.
All Software, including without limitation all code and active controls contained in this Website and the Services is owned by Fests LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited.
Intellectual property rights
You acknowledge that all intellectual property rights in the website and Services, and the Documents anywhere in the world belong to Fests LLC or our licensors, that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the Services or the Documents other than the right to use each of them in accordance with these Terms.
You acknowledge that you have no right to have access to the website or Services in source-code form.
You agree that all of Fests LLC and BeerFests.com’s trademarks, trade names, service marks, and other logos and brand features that are displayed via the website and Services (collectively, the “Marks”) are trademarks and the property of Fests LLC. You agree not to display or use Our Marks in any manner without Our prior permission. Sponsor and third party website trademarks are the property of the respective Sponsors and third parties. The display of any Sponsor or third parties trademarks via the website and Services does not necessarily mean that BeerFests.com has an affiliation with these entities.
Disclaimer of Warranties and Assumption of Risks by You
We strive to provide the Website and Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
To the extent permitted by applicable laws, the Website and Services are provided on an "as is" and "as available" basis. Fests LLC expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Fests LLC makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Fests LLC has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. Fests LLC has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Fests LLC requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
FESTS LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH FESTS LLC WILL BE RESPONSIBLE FOR.
FESTS LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ANY BEER FESTIVALS YOU PURCHASE TICKETS FOR WHILE USING THE SERVICES WILL NOT BE CANCELLED OR POSTPONED.
FESTS LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO CONTENT, THE WEBSITE, OR INFORMATION CONTAINED ON THE WEBSITE OR SERVICES INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT FESTS LLC, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITE OR YOUR USE OF FESTS LLC’S SERVICES, INCLUDING USE OF THE FESTS LLC TICKETING SOFTWARE WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF FESTS LLC OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR SERVICES, OR FROM RELIANCE OR DAMAGE CAUSED BY: (I) ANY INFORMATION, MATERIALS, FESTS LLC CONTENT, USER CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE OR SERVICES, (II) FROM THE INABILITY TO USE THE WEBSITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY OR LINKED SITES MADE AVAILABLE ON THE WEBSITE OR SERVICES FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ALSO AGREE THAT FESTS LLC HAS NO LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY RELATED TO YOUR PURCHASE OF TICKETS TO AND ATTENDANCE AT ANY BEER FESTIVAL EVENT ADVERTISED ON THE WEBSITE OR SERVICES AND YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME EVENTS MAY CARRY A RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY PARTICIPATING IN THOSE EVENTS.
YOU ALSO AGREE THAT FESTS LLC HAS NO LIABILITY AND OFFERS NO GUARANTEES RELATING TO ANY OF THE RESULTS THAT MAY BE OBTAINED BY YOUR USE OF THE SERVICES OR FROM ANY THIRD PARTY COMPANY RECOMMENDATIONS OR PRODUCTS, OR FOR THE DESCRIPTIONS OF THIRD PARTY COMPANY OFFERINGS, PRODUCTS, GOODS OR SERVICES, ADVICE OR RECOMMENDATIONS. YOU ALSO AGREE THAT YOUR USE OF ANY PRODUCTS AND SERVICES OFFERED BY ANY THIRD PARTIES ON OUR WEBSITE OR SERVICES ARE USED AT YOUR SOLE RISK. YOU ALSO AGREE THAT ANY RECOMMENDATIONS THAT YOU RECEIVE ON THE WEBSITE OR SERVICES MADE BY ANY THIRD PARTY COMPANIES THAT YOU ACT UPON ARE DONE AT YOUR SOLE RISK AND WE HAVE NO LIABILITY WHATSOEVER WITH REGARD TO ANY THIRD PARTY COMPANY RECOMMENDATIONS.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
User acknowledges and agrees that without the foregoing exclusions and limitations of liability, Fests LLC would not be able to offer the website or services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.
You agree to defend, indemnify and hold Fests LLC and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damages (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Fests LLC’s collection and remission of taxes; (e) if you are an Organizer, your events (including where Fests LLC has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Fests LLC's gross negligence or willful misconduct; and (f) your data, content or information that you post or upload to the Services or website. Fests LLC will provide notice to you of any such Claim, provided that the failure or delay by Fests LLC in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Fests LLC may choose to handle the Claim ourselves, in which case you agree to cooperate with Fests LLC in any way we request.
CONSENT TO USE OF DATA. You agree that Fests LLC may collect and use technical data and related information—including but not limited to technical information about your device, system and Services software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you.
Data that you submit or upload to the website or Services also may include your name, email addresses, telephone numbers and any information you provide logging in to the Services or any information pertaining to your personally identifiable information (PII) including financial information.. Data may also include information about your customers including names, addresses. You have designed, created and provided all of your data without the participation or involvement of Fests LLC. You are responsible for any actions you take with respect to the Data, including uploading it to the Services or using the Services to share or otherwise make available such Data to third parties. You are responsible for ensuring that you have all the rights and permissions needed to use the Data in connection with the Services. You Shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Data entered into the Services. Fests LLC assumes no responsibility for the accuracy, propriety, or usefulness to You of the Data. Fests LLC shall not be liable to You or any third-parties for any loss, damage or expense whatsoever and howsoever arising from any Data entered into the Services by You or by an entity on your behalf unless such data is protected under federal or state law. You acknowledge that BeerFests.com will rely on the accuracy of the Data provided to Fests LLC by You as it performs its requested functions under this Agreement. You acknowledge that you own all of the Data or have all rights to grant such licenses to Fests LLC to use such Information in furtherance of providing the Services without infringement or violation of any third party rights. Fests LLC provides no warranties, representations or indemnification to You for Your access to, and use of the Data.
You acknowledge and agree that Fests LLC shall have the right to use any data collected or created by You in your use of the Services related to selling, publishing, disclosing or sharing combined data and information from many Users with our partners in order to help our partners market and sell our Products pursuant to written agreements with confidentiality, privacy and security obligations. All such information includes data derived from personal information in aggregated, anonymous form and does not identify You individually.
Governing Law/Arbitration. By using Fest LLC’s Website or Services, you agree that the laws of the State of Connecticut without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Fests LLC.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF FESTS LLC’S WEBSITE OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN FAIRFIELD COUNTY, CONNECTICUT EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE COMMERCIAL ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
YOU AND FESTS LLC AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY CONNECTICUT LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN FAIRFIELD COUNTY, CONNECTICUT.
Fests LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fests LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Fests LLC with respect to such use.
You may contact Fests LLC regarding this Website at the following email address: [email protected] Fests LLC has designated the following email address to receive notifications of claimed copyright infringement involving this Website at [email protected] Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.
RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS: You hereby grant to Fests LLC, its subsidiaries, affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use, any and all content that are displayed or submitted to this Website.
MISCELLANEOUS: Nothing contained in this agreement shall be deemed or interpreted to constitute the relationship between you and us as a legal partnership, agency, joint venture or any other relationship in which either you or we are responsible for or shall incur liability to outside parties as a result of the actions or omissions of the other. This agreement shall not be for the benefit of, or enforceable by, any person or entity not a party hereto and shall not confer any rights or remedies upon any party other than you and us and our respective successors and permitted assigns.
Severability: In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.
NOTICES: Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case notices shall be sent to the last known address of the other party.
LAST MODIFIED May 1, 2021