All of the content of the 320 Festival Site is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to Kevin Lyman Group, (KLG) ("320 Festival" or "We/Us"). 320 Festival reserves the right to remove or edit content from the 320 Festival Site at any time and for any reason.
2. ALLOWED USE
You are granted a limited license to download the materials contained on this website and/or to print a hard copy thereof solely for your personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of 320 Festival is strictly prohibited. If you download any software or programs from this website, the software or programs, and related data are subject to the limited license set out above. You may not distribute, sell, or transmit the any software, programs or data and you are not permitted to alter, modify, decompile, reverse engineer or adapt the foregoing or creating derivative works.
By submitting any materials to us, you automatically grant us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
You may not use the 320 Festival Site to: (i) defame, abuse, harass, harm or threaten others; (ii) make any bigoted, hateful, or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person; (iv) distribute any material that infringes and/or violates any right of a third party or any law; (v) distribute any vulgar, obscene, discourteous, or indecent language or images.; or (vi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You also may not use the 320 Festival Site to advertise or sell to or solicit others or for commercial purposes of any kind.
You also shall not: (i) upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; (ii) interfere with or disrupt any servers or networks used to provide the 320 Festival Site or its features; (iii) gain or attempt to gain unauthorized access to the 320 Festival Site, or any account, computer system, or network connected to the 320 Festival Site; (iv) obtain or attempt to obtain any materials or information through any means not intentionally made available through the 320 Festival Site; or (v) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the 320 Festival Site.
The 320 Festival Site may contain links to other Internet sites. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. You may establish a hypertext link to the 320 Festival Site so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the 320 Festival Site, or incorporate into another website or other service any of our material, content or intellectual property.
Your access to the 320 Festival Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the 320 FESTIVAL SITE and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
6. GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and regardless of where you or your residence is located. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The 320 Festival Site is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. Any waiver of any provision of these terms must be in writing signed by 320 Festival to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and 320 Festival.
7. USERNAME; WIRELESS
To use certain features of the 320 Festival Site, you will need a username and password, which you will receive through a registration process. You are responsible for maintaining the confidentiality of the password and account. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to protect your password or account information.
You will only receive 320 Festival Site text alerts when you request them by entering a mobile promotion. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. You understand, acknowledge and agree that 320 Festival may, at its sole discretion and without liability to you, terminate its offer of text alerts at any time without advance notice.
THE 320 FESTIVAL SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 320 Festival DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, 320 Festival DOES NOT REPRESENT OR WARRANT THAT THE 320 FESTIVAL SITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE 320 FESTIVAL SITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE WEBSITE.
While we try to provide accurate information on this the 320 Festival Site, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the 320 Festival Site or sites that link to or from the 320 Festival Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.
10. LIMITATION OF LIABILITY; INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER 320 Festival, OR VANS, A DIVISION OF VF OUTDOOR, INC., NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE "RELEASEES") WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE 320 FESTIVAL SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF 320 Festival HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE 320 FESTIVAL SITE.