This is a legal agreement (the “Agreement”) between you (“you” and “your”) and NDMF, LLC d/b/a the Neon Desert Music Festival (“NDMF,” “we,” and “us”) governing your use of NDMF website (www.NeonDesert.com and/or www.neondesertmusicfestival.com ), apps, and any related services (collective referred to herein as the “Site”). The services offered by NDMF through and in conjunction with NDMF Site are hereinafter referred to as “Services.” NDMF reserves the right, at any time and without justification, to change, suspend or discontinue at any time any of the services it offers.
1. Your Acceptance
A. By using and/or visiting the Site (collectively, including all content and functionality available through the www.NeonDesert.com or www.neondesertmusicfestival.com domain names) and/or accepting any Services, you signify your agreement to
C. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. NDMF Site
B. The content on the Site is provided for informational and entertainment purposes only. Such content may change without prior notice and NDMF does not guarantee that the information contained on the Site is the most current and accurate information available. Research developments may render some information inaccurate, and NDMF assumes no liability for any damage or loss relating to the accuracy of any information contained on this site or in any linked materials.
C. The Site may contain comments (including posts and page comments) from third parties who are not owned or controlled by NDMF. NDMF does not endorse the content or views expressed by any third parties unless otherwise expressly stated.
D. The Site may provide a vehicle (such as message boards, social media feeds, message boards) for you to submit photographs, suggestions, reviews, recordings, and/or other materials to the Site (collectively referred to herein as “User Content”). By submitting User Content you agree to the following:
i. You own and/or control all rights and permissions to the User Content such that the submission of such User Content will not violate the rights of any third party;
ii. You grant NDMF a perpetual, unlimited, royalty-free, sublicenseable right to use such User Content;
iii. NDMF is not obligated to post and/or otherwise use any submitted User Content;
iv. NDMF does not endorse any User Content; and
v. You will be responsible for any loss or harm caused by your submission of the User Content..
E. The Site contains links to third-party sites that are not owned or controlled by NDMF. NDMF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party sites. In addition, NDMF will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve NDMF from any and all liability arising from your use of any third-party site.
F. The Site is intended to be accessed by individuals residing in the United States. You expressly accept all risk if you chose to access the Site from outside the United States.
G. NDMF reserves the right to discontinue any aspect of the Site at any time.
3. General Use of the Site Permissions and Restrictions
A. You agree not to distribute in any medium any part of NDMF Site without NDMF’s prior written authorization.
B. You agree not to alter or modify any part of the Site.
C. You agree not to access NDMF Site through any technology or means other than those explicitly authorized by NDMF.
D. You agree not to use the Site for any commercial use without the prior written authorization of NDMF. Prohibited commercial uses include any of the following actions taken without NDMF’s express approval:
i. sale of access to the Site or its related services on another Site;
ii. use of the Site or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
iii. the sale of advertising, on the Site or any third-party Site, targeted to the content of specific content owned by NDMF.
4. Protection of NDMF Site.
A. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NDMF grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NDMF reserves the right to revoke these exceptions either generally or in specific cases.
B. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site (e.g. comments) for any commercial solicitation purposes.
C. NDMF reserves the right to take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Site.
5. Your Use of Content on the Site.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on NDMF Site.
A. The content on the Site (including, without limitation, text, software, scripts, graphics, photos, sounds, videos, and interactive features) (collectively referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to NDMF, subject to copyright, trademark, and other intellectual property rights under the law. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NDMF reserves all rights not expressly granted in and to the Site and the Content.
B. You may access NDMF Content for your information and personal use solely as intended through the provided functionality of the Site.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the NDMF Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
6. Digital Millennium Copyright Act
A. Pursuant to the Digital Millennium Copyright Act (DMCA) (See 17 U.S.C. 512), copyright owners and/or their agents who believe that Content on the Site infringes their copyright and/or any other intellectual property right, may submit notification of the suspected infringement to NDMF, and must do so in accordance with the requirements of the Digital Millennium Copyright Act. Failure to comply with the requirements of the DMCA will result in a failure of notice for the purposes of the statute. Your notification to NDMF should:
1. Identify the copyrighted work you claim has been infringed.
2. Identify the material you claim is infringing (along with information reasonably sufficient to permit NDMF to locate the material).
3. Include your mailing address, email address, and telephone number.
4. Include the following statement: “I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
6. Be sent to NDMF’s designated DMCA agent at the following address: NDMF, LLC c/o Joseph Stallone, Esq., 5524 Bee Cave Rd., Ste. K-1, Austin, Texas 78746, firstname.lastname@example.org.
B. Counter-Notice. If you believe that your Content was wrongfully taken down pursuant to a DMCA notification, you may file a counter-notification. Your counter-notification to NDMF should:
1. Identify the material you believe was wrongfully removed (including the source address of the content).
2. Include your mailing address, email address, and telephone number.
3. Include a statement, under penalty of perjury, that you have a good faith belief that the content was removed in error.
4. Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which NDMF may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
5. Be sent to NDMF’s designated DMCA agent at the following address: NDMF, LLC c/o Joseph Stallone, Esq., 5524 Bee Cave Rd., Ste. K-1, Austin, Texas 78746, email@example.com.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF NDMF SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NDMF, LLC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES, AND YOUR USE THEREOF. NDMF, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. NDMF, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NDMF, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify and hold harmless NDMF, LLC, its parents, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
A. your use of and access to the Site;
C. your violation of any third party right, including without limitation any copyright, property, or privacy right.
11. Choice of Law / Dispute Resolution
You agree that: (i) the Site shall be deemed solely based in Texas; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over NDMF, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas without regard to its conflict of laws principles. The parties agree that any and all disputes, claims or controversies arising out of or related to this Agreement shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of Texas, Austin, and shall be administered by, and pursuant to the rules of, the American Arbitration Association. Disputes shall be arbitrated on an individual basis.
5704 West Highway 290
Austin, TX 78735