Elevate Tickets

OVERVIEWWelcome! This website, mobile application or service is owned and operated by Elevate Tickets, LLC.
            (“Elevate Tickets,” “us,” “our,” or “we”).
These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions under which you are
            authorized to use our websites at www.elevatetickets.com, www.festivalticketing.com, and any other website
            where these Terms are posted (including any subdomains and mobile versions, the “Site(s)”), purchase
            tickets from us, and interact with our digital and/or web-enabled technologies, such as RFID wristbands,
            RFID readers, and other future technologies we may deploy. We may refer to the Sites, and these related
            digital and web-enabled technologies collectively as our “Digital Services.”
Through your use of our Digital Services, you consent to the practices described in these Terms of Use.
          
To the extent additional rules or guidelines relate to your use of our Digital Services, those rules and
            guidelines (such as our Privacy Policy and Purchase Terms & Conditions) are hereby incorporated by
            reference into these Terms of Use. By using any of our Digital Services, you agree to these Terms of Use.
            If you do not agree to these Terms of Use, do not use our Digital Services.
DESCRIPTION OF SERVICEOur Digital Services provide information about our festival ticketing, access management, and related
            services, and allow users to register for events, purchase tickets, and register technologies used when
            attending an event. To the extent new services, content or features are added to our Digital Services in
            the future, your use thereof is subject to these Terms of Use.
THIRD-PARTY SERVICES AND CONTENTAs you use our Digital Services, you may encounter links to other related services, some of which may be
            operated by a third party, not Elevate Tickets. Your use of any such features, content or services
            provided by third parties "including third-party links to other websites on the Internet" are not governed
            by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or
            any content located on or through, any third-party site or service, or any use of your information by
            those third parties. You further acknowledge that any reliance on representations and warranties provided
            by any party other than Elevate Tickets 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. Your use of those third-party websites and services is subject
            to the terms of use and privacy policies posted on each site or service, and we encourage you to review
            those terms of use and privacy policies.
MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICESWe reserve the right to modify or discontinue all or any portion of our Digital Services with or without
            notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that
            we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation
            of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital
            Services may be interfered with or adversely affected by numerous factors or circumstances outside of our
            control.
YOUR REPRESENTATIONSAs a condition of your right to use our Digital 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 the Digital Services
            under the laws of the United States or any other country.
RESTRICTED ACTIVITIESYou may not engage in any of the following with regard to the Digital Services (including without
            limitation your use of any RFID wristbands, if appropriate), and you agree not to use the Digital Services
            to:
violate or encourage the violation of any local, state, national, or international law or regulation;
            
collect or store personal data about other users of our Digital Services 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, libelous, defamatory, abusive, sexually explicit,
              threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any
              statement that you have reason to know is false or misleading, or otherwise objectionable messages, as
              determined by Elevate Tickets in its sole discretion;
infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right
              of any party, or distribute any content you do not have a right to make available under any law or under
              contractual or fiduciary relationships;
promote or distribute any unauthorized advertising, promotional materials, or material which can be
              characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any
              request for or solicitation of money, goods, or services for private gain, or any information posted
              primarily for advertising, promotional, or other commercial purposes;
disrupt or interfere with the security or use of the Digital Services or any websites or content
              linked to them;
interfere with or damage the Digital Services, including, without limitation, through the use of
              viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing
              or email address information or similar methods or technology or disobey any requirements, procedures,
              policies, or regulations of networks connected to our Digital Services;
attempt to use another user’s account, impersonate another person or entity, misrepresent your
              affiliation with a person or entity, including (without limitation) Elevate Tickets, our any third
              party, or create or use a false identity;
attempt to obtain unauthorized access to the Digital Services, events, or portions thereof, that are
              restricted from general access;
use any meta tags or any other “hidden text” utilizing the Elevate Tickets (or any third party partner
              or sponsor’s) name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used
              in the Digital Services;
engage in any activity that interferes with any third party’s ability to use or enjoy the Digital
              Services; or
assist any third party in engaging in any activity prohibited by these Terms of Use.
Further, without our written consent, you may not:
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Elevate Tickets
              content or any use of or access to the Digital Services;
use any high volume, automated, or electronic means (including, without limitation, robots, spiders,
              scripts, or other automated devices) to access the Digital Services or monitor or copy our web pages or
              the content contained thereon;
deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows
              over any content, or otherwise affect the display of the Digital Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY LAW, ELEVATE TICKETS, ITS RELATED ENTITIES, SERVICE PROVIDERS,
            LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE
            “ELEVATE TICKETS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
            STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
            PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES
            AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND
            “AS AVAILABLE” BASIS. THE ELEVATE TICKETS PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF
            CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS
            INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE ELEVATE
            TICKETS PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY,
            LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR
            RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN
            CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES
            TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL,
            INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL,
            REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
            CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY ELEVATE TICKETS PARTY HAS
            BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS
            OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID,
            ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE ELEVATE TICKETS PARTIES UNDER
            SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE
            WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
            LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND
            LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or
            suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect
            your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the
            California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS
            FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
            SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS,
            THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID
            US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR
            EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
INDEMNIFICATIONYou agree to indemnify and hold the Elevate Tickets Parties harmless from any claim or demand, including
            reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any
            content on our Digital Services, or other use of our Digital Services in a manner not permitted by these
            Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or
            infringement of a third party’s intellectual property or other rights by you or another user of our
            Digital Services using your computer, mobile device or account.
COPYRIGHT AND TRADEMARK INFORMATIONAll content, copyrights and other intellectual property rights in the content available on our Digital
            Services, including without limitation design, text, graphics, interfaces, and the selection and
            arrangements thereof, are owned by Elevate Tickets with all rights reserved. In some cases, such content
            may be licensed to Elevate Tickets by third parties. This content is protected by the intellectual
            property rights of Elevate Tickets or those owners. All content which qualifies for protection under U.S.
            Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether
            registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their
            respective owners, and constitute neither an endorsement nor a recommendation of such parties. In
            addition, such use of trademarks or links to the websites of third parties is not intended to imply,
            directly or indirectly, that those third parties endorse or have any affiliation with Elevate Tickets.
PERMITTED USE OF THE CONTENTAny use of content on the Digital Services, including without limitation reproduction for purposes other
            than those noted herein, modification, distribution, replication, any form of data extraction or data
            mining, or other commercial exploitation of any kind, without prior written permission of an authorized
            officer of Elevate Tickets, is strictly prohibited. With the exception of search engines, you agree that
            you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our
            web pages or the content contained therein without prior written permission of an authorized officer of
            Elevate Tickets. You may use the content solely for your personal, non-commercial use, except as described
            herein. You may download or print a single copy of any portion of the content solely for your personal,
            non-commercial use, provided you do not remove any trademark, copyright or other notice from such content.
            You may not make any use of content owned by any third parties which is available on the Digital Services,
            without the express consent of those third parties.
LINKS TO THE DIGITAL SERVICESYou are hereby licensed to create hyperlinks to content on the Digital Services, provided that the
            hyperlink accurately describes the content to which it links. If you include links to our Digital Services
            on your website, when the link is clicked, the applicable page within our Digital Services must be
            displayed in full (including all trademarks, branding, advertising and promotional materials), without any
            accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not
            originally displayed on the page within the applicable Digital Service, and without any interstitial
            pop-ups or web pages loading before the applicable target page is accessed. The page on which such links
            are featured must be accessible to the general public and not provided through a subscription service or
            for a fee, unless otherwise expressly agreed in writing by Elevate Tickets. Under no circumstances may you
            “frame” all or any portion of the Digital Services or copy portions of the Digital Services to a server,
            except as part of an Internet service provider’s incidental caching of pages, or with the prior express
            consent of Elevate Tickets. We reserve the right to revoke these licenses generally, or your right to use
            specific links or feeds, at any time, with or without cause.
CONTENT COMPLAINTSIf you believe that any content on our Digital Services violates these Terms of Use or is otherwise
            inappropriate, please report the content by completing the Contact Us form on our Digital Services, or
            send an email to privacy@elevatetickets.com.
PROVIDING FEEDBACK TO ELEVATE TICKETSWe welcome your comments and feedback about our Digital Services. All information and materials submitted
            to Elevate Tickets through the Digital Services or otherwise, such as any comments, feedback, ideas,
            questions, designs, data or the like regarding or relating to the Digital Services or the business of
            Elevate Tickets (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with
            regard to you, but Elevate Tickets reserves the right to treat any such Feedback as the confidential
            information of Elevate Tickets. By submitting Feedback to Elevate Tickets, you assign to the Elevate
            Tickets Parties, free of charge, all worldwide rights, title and interest in all copyrights and other
            intellectual property rights in such Feedback. The Elevate Tickets Parties will be entitled to use any
            Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for
            any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and
            services using such Feedback without restriction and without compensating you in any way. You are
            responsible for the information and other content contained in any Feedback you submit to us, including,
            without limitation, its truthfulness and accuracy.
DISPUTE RESOLUTIONAny dispute arising out of or relating in any way to your use of our Digital Services or any products,
            services, or information you receive through our Digital Services, shall be submitted to confidential,
            binding arbitration in Los Angeles, California before one arbitrator. The arbitration shall be
            administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s award
            shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No
            arbitration under these Terms of Use may be joined with another arbitration related to the subject matter
            hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential
            violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the
            courts of Los Angeles, California, and you hereby consent to the exclusive jurisdiction of such courts and
            waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only
            on an individual basis and not in a class, consolidated or representative action. If for any reason a
            claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
GOVERNING LAWSThe laws of the state of California and the United States govern these Terms of Use and any claims
            arising out of or relating to use of the Digital Services, without giving effect to any choice of law
            rules. We make no representation that our Digital Services are appropriate, legal or available for use
            outside of the United States. With the exception of any matters subject to arbitration as described above,
            the state and federal courts located in Los Angeles, California will serve as the venue for any actions
            brought, or claims made, arising out of your use of our Digital Services.
COMPLIANCE WITH LAWSYou assume all knowledge of applicable law and you are responsible for compliance with any such laws. You
            may not use our Digital Services in any way that violates applicable state, federal, or international
            laws, regulations or other government requirements.
CHANGES TO THESE TERMSWe reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice.
            You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become
            effective immediately upon being posted to our Digital Services, without further notice to you. Your
            continued use of any of our Digital Services after such modifications are posted constitutes your
            acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
OTHER TERMSIf any provision of these Terms of Use is determined by a court of law to be unlawful, void or
            unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be
            affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid
            provision will be modified as necessary to make it valid and enforceable while as closely as possible
            reflecting the original intentions of Elevate Tickets. You agree that these Terms of Use and any other
            agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event
            of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be
            superseded by, any other written agreement between us in relation to your participation as a contributor
            to our Digital Services. You agree and understand that these Terms of Use together with any other
            applicable click-through agreements you may have entered into regarding our Digital Services, constitutes
            the entire agreement between you and Elevate Tickets regarding your use of the Digital Services, and that
            any other prior agreements between you and Elevate Tickets are superseded by these Terms of Use. Any
            failure by Elevate Tickets to exercise its rights under these Terms of Use or to enforce the terms hereof
            will not constitute a waiver of those rights. You agree that regardless of any statute or law to the
            contrary, any claim or cause of action arising out of or related to use of our Digital Services or
            relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose
            or be forever barred.
CONTACT USIf you have any questions about these Terms of Use, please contact:
Elevate Tickets, LLC
Operations Department
425 S. Mill Ave., Suite 201 Tempe, AZ 85281
privacy@elevatetickets.com
Notice for California Users.
Under California Civil Code Section 1789.3, California users of our Digital Services are entitled to the
            following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer
            Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market
            Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.