TERMS AND CONDITIONS
IMPORTANT – PLEASE READ CAREFULLY: THESE HOLLAGRAM EXPERIENCE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT GOVERNING YOUR INVITATION TO, AND PARTICIPATION IN, THE HOLLAGRAM EXPERIENCE (THE “EXPERIENCE”). THE EXPERIENCE IS MADE AVAILABLE BY VENTANA 3D, LLC (“COMPANY,” “WE,” “OUR,” OR “US”).
BY PARTICIPATING IN THE EXPERIENCE, YOU REPRESENT TO COMPANY THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OTHERWISE CAPABLE OF ENTERING INTO AND PERFORMING LEGAL AGREEMENTS AND YOU CONSENT TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE EXPERIENCE.
1. Experience. To participate in the Experience, you must accept these Terms and Conditions. We reserve the right to cancel, postpone or change the location of the Experience in our sole discretion. You acknowledge that the Company is only making available the Experience.
2. Compliance with Our Policies. While attending the Experience, you agree to comply with all procedures and instructions provided to you. We expect you to be respectful to others while you are participating in the Experience. Please do not make any comments, gestures or distribute materials that (i) are hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene, (ii) 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 interferes with other participants’ participation in the Experience.
3. Permissions. The participants will be filmed while participating in the Experience. You hereby unconditionally and irrevocably grant the Company: (a) the permission to film you and to record, by any means, your performance, and otherwise use your video recording in electronic media including, without limitation, the Company’s website, social media platforms (such as YouTube Facebook, Instagram, Twitter etc.), other distribution partners’ websites and ad campaigns, whether for the Company’s own use or on the Company’s own behalf, or for the use and benefit of one or more third parties; and (b) all rights in and to the video recording including, without limitation, all copyrights therein and the exclusive right to reproduce, distribute, advertise, promote, exhibit and exploit the video recording, in perpetuity, by any method or device now known or hereafter devised. Furthermore, you agree not to assert or maintain against the Company, its successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including, but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your participation in the video or the Company’s use thereof.
To participate in the Experience, the Company will be collecting your e-mail address on behalf of [Wonderful Union LLC, the organizers of the Rob Thomas Tour] (the “Organizers”). You agree to provide the accurate and current e-mail address as the Company will send you a link of your video to this e-mail address. You acknowledge that the Company is not responsible for the use of your e-mail address by the Organizers.
4. No Warranties. You expressly agree that your participation in the Experience is at your sole discretion and risk and the Experience is being organized with all faults and without warranty of any kind. COMPANY MAKES NO GUARANTEES REGARDING THE QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, OR USEFULNESS OF THE EXPERIENCE. WITHOUT LIMITING THE FOREGOING, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, IMPLIED OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE EXPERIENCE.
5. Limitation of Liability. COMPANY AND ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND PRINCIPALS OR THIRD PARTY BENEFICIARIES (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO ANY INJURY OR DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE EXPERIENCE REGARDLESS OF THE SOURCE OF THE LIABILITY OR THE LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT, BREACH OF WARRANTY, ABSOLUTE LIABILITY IN TORT, MISREPRESENTATION OR OTHERWISE) UNDER WHICH IT IS ESTABLISHED, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
6. Indemnification. You agree to indemnify and hold harmless the Company Parties, and to defend the Company Parties with counsel of Company’s choice, from and against any and all claims, allegations, demands, causes of action, liabilities, and/or damages arising out of your participation in the Experience. Payment of counsel representing the Company Parties shall be direct and current by you, rather than reimbursed to the Company at a later time. To the extent that your insurance policy may provide coverage to any incident or injury, you agree to notify your insurance company of your indemnity obligation and to assign your benefits to Company to the extent of any claim threatened or asserted against Company and to the greatest extent permitted by law.
7. Waiver and General Release. As a condition of participating in the Experience, and in consideration for the opportunity to participate in the Experience, you hereby release and forever discharge Company and its managers, officers, employees and agents from and against any and all actual and potential, known and unknown, suspected and unsuspected claims, demands, causes of action, liabilities and damages of any kind, including but not limited to personal injuries, death, damage or loss to personal property, or other harm or loss of any nature whatsoever sustained due to or in relation to or in connection with the Experience including those arising out of your participation in the video or the Company’s use thereof. You further understand, agree, and expressly waive all rights under Section 1542 of the Civil Code of California and any similar laws of any state or territory of the United States. Specifically, said section reads as follows:
“1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her, must have materially affected his or her settlement with the debtor.”
8. Applicable Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles.
9. Arbitration. You and the Company agree that all disputes relating in any way to these Terms and Conditions or the Experience shall be resolved by final and binding arbitration. You and the Company agree that any arbitration shall be conducted before one neutral arbitrator at JAMS, and that such arbitration shall take place at JAMS’ office located in Orange County, California. The arbitrator is either an attorney or a retired judge. The Parties are entitled to be represented by their own legal counsel in the arbitration proceeding. After reviewing the evidence and considering the arguments of the Parties, the arbitrator makes a decision (award) to resolve the dispute. The arbitrator's decision is final and binding which means there will be no trial by a judge or jury, or appeal of the arbitrator's decision except as provided by law. THE PARTIES AGREE THAT EACH PARTY MAY BRING AND PURSUE CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES, AND MAY NOT BRING, PURSUE, OR ACT AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS PROCEEDING. THE PARTIES ACKNOWLEDGE AND AGREE THAT, AT ALL TIMES DURING WHICH YOU AND THE COMPANY HAD AN AGREEMENT TO ARBITRATE IN PLACE, THEY UNDERSTOOD THAT THE AGREEMENT PERMITTED EITHER PARTY TO BRING AND PURSUE CLAIMS AGAINST THE OTHER ONLY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT TO BRING, PURSUE, OR ACT AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS PROCEEDING. THIS SECTION OF THE AGREEMENT DOES NOT APPLY TO ANY REPRESENTATIVE ACTION TO THE EXTENT THAT ARBITRATION OF A REPRESENTATIVE ACTION IS PROHIBITED BY LAW. Each party will be responsible for its, his, or her own attorney’s fees; the Company shall be responsible for all costs of the arbitration that you would not be required to pay if the matter were filed in court. If you wish to opt out of arbitration, you may do so by providing written notice to the Company by delivering the written notice to the Company not later than fourteen (14) calendar days after the Experience.
10. Miscellaneous. The failure to require performance of any provision of these Terms and Conditions shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms and Conditions is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms and Conditions will remain in full force and effect. These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.