Terms Effective as of January 1, 2023
Terms of Use
Belicofest LLC and its subsidiaries, referred to as “the Company,” provide the website belicofest.com, along with its subdomains, affiliated sites, and related content and services (collectively, the “Site”). These Terms of Use (“Terms”) are a legal agreement between you (the user) and the Company. By visiting or using the Site, you agree to these Terms, which may be updated over time. Some parts or features of the Site may have their own additional rules or guidelines, including special events like sweepstakes, contests, or promotions (“Promotions”), which may supersede the general Terms when differences arise. You should review these rules before joining any Promotion. The Privacy Policy and other policies related to specific offers or features on the Site are also part of these Terms.
By accessing the Site, you confirm that you are at least 18 and can legally enter contracts; if you are under 18, you may use the Site only with a parent’s or guardian’s involvement. The Company is not responsible for any harm caused by users misrepresenting their age. While the Company cannot stop minors from visiting the Site, it is up to parents and guardians to decide what content is suitable for their children. Tools such as hardware, software, or filtering services are available to help limit children’s access to inappropriate material.
Modification Of The Terms
We may change these Terms at any time without notice. Changes take effect immediately upon posting; using the Site after changes means you accept them. Please review the Terms periodically. If you do not agree with any update, stop using the Site and our Services.
Code of Conduct
While using our Site, including submitting User Content (as defined below), you agree to adhere to all applicable laws, rules, and regulations. You must not restrict or prevent others from using the Site, nor use the Site in violation of any law or regulation. You may not indicate or suggest that your statements are endorsed by us unless you have received our prior written consent. Impersonation of any individual or entity, whether real or fictional—including Company employees or representatives—is strictly prohibited.
You must not submit any content or information that is unlawful, fraudulent, libelous, defamatory, objectionable, or infringes upon our rights or the rights of third parties. This includes, but is not limited to: non-public corporate information without authorization; unsolicited advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other commercial communications; private information of third parties, or information that invades their privacy; and material that may be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable.
Additionally, you may not post material depicting individuals under 18 years of age, promoting or glamorizing drug use (including alcohol and cigarettes), characterizing violence as acceptable or desirable, or containing personal contact or identifying information about third parties. Harvesting or collecting information about Site users is prohibited, as is submitting material that harasses, degrades, victimizes, or intimidates an individual or group based on religion, race, ethnicity, sexual orientation, gender, age, or disability.
The use of any area of the Site for commercial purposes—including conducting sales of tickets, products, or services—is not permitted. Spamming, flooding, introducing viruses, trojan horses, or any other harmful code or program that may damage system operations or unlawfully intercept data or personal information is expressly forbidden. You may not use any password or code to participate in a presale or offer on the Site unless it was provided directly by us and used in accordance with the terms set forth for such presale or offer.
Ownership of Content
All content on this Site—including text, images, graphics, trademarks, videos, and software—is owned or licensed by us and protected by intellectual property laws. Other trademarks belong to their respective owners. We may update Site content and features at any time. You may not copy, use, display, transmit, or distribute any Site content without our written permission, except as allowed in the Terms. Unauthorized use or attempts to bypass security are strictly prohibited. You are given limited rights for personal, non-commercial, and informational use only.
Website Features
You are responsible for any Internet or telecommunication fees incurred when accessing the Site or its features. Through our Site, users may create an Account; register for priority access to event ticket purchases (“Event”); watch select live streams of Event performances (“Live Stream”); purchase tickets for Belicofest Events; receive updates about Belicofest Events; and participate in contests, sweepstakes, surveys, forums, and additional interactive elements. The Site may include fan reviews, message boards, blog feeds, social media feeds, and other discussion forums (collectively, “Forums”). Users may submit suggestions, reviews, concepts, audio or video recordings, photographs, artwork, or other submissions to these Forums or other areas of the Site or communicate with us and other users via the Forums (“User Content”).
By submitting User Content, you confirm that you are at least 18 years of age and that you own all rights to your submission. Submission of User Content grants us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, publicly perform, display, archive, and commercialize your User Content, at our sole discretion, in all formats and media channels now known or developed in the future, without compensation or acknowledgment to you or others. This license does not affect your ownership interests in your User Content, including your right to grant further licenses, except where otherwise provided by these Terms.
We are under no obligation to post, feature, or otherwise utilize any User Content, nor are we required to attribute it to you. You agree not to assert any claims against us on the basis that our use of your User Content infringes upon your rights. You accept full responsibility for your User Content and any resulting outcomes from its publication. By submitting User Content, you represent that (i) you own or possess the necessary permissions to do so and to grant the relevant licenses to us, and (ii) you have obtained written consent from every identifiable individual in the content to use their name and likeness as outlined by the Site and these Terms, or, in the case of minors, the written consent of their parent or legal guardian.
We reserve the right, though not the obligation, to monitor the Site, Forums, and User Content and to disclose such materials and related submission circumstances as needed for proper Site operation, protection of ourselves, our sponsors, and our users, or to meet legal obligations or governmental requests. User statements, opinions, and reviews posted in Forums may be inaccurate, inappropriate, offensive, or harassing. We neither endorse nor assume responsibility for these postings and disclaim liability for any loss or harm arising from reliance on such information.
If notified that your User Content violates these Terms, we may investigate and, at our discretion, remove the content and terminate your account. You may be held responsible for User Content that infringes third-party rights and required to pay or reimburse us for amounts necessary to resolve any related complaints.
Ticket Terms and Conditions
By purchasing or using tickets to our events, you accept these terms and the sale Terms and Conditions. Tickets are revocable licenses for the specified date and time. Entry is strictly for individuals 18 and older; no refunds if underage. We may refuse entry or eject attendees for disorderly conduct, abusive language, or rule violations without refund. Ticket price includes taxes. Reproducing, transferring, reselling, or using tickets for promotions without written consent is prohibited; unauthorized tickets are void. Only limited non-commercial social media sharing (up to 30 seconds) is allowed with necessary permissions. Lost, stolen, or destroyed tickets will not be replaced. Event details may change; all sales are final, with no refunds or exchanges. By attending, you release all event parties from liability and assume risks, including weather. Personal arrangements for travel, accommodations, and appropriate documentation are your responsibility.
Live Stream Of Belicofest Music Festival
The Live Stream will be available on the Site during the Event through an embedded video player. All rights to the Live Stream belong to the Company or third parties. If you follow the Terms, you may stream the Live Stream for personal, non-commercial use only. You cannot use, copy, share, record, alter, or create works from the Live Stream or any of its content for commercial purposes or otherwise, unless the Company gives written permission. The Company does not guarantee accuracy, quality, or uninterrupted access, nor does it promise all performances will be streamed. Do not bypass security features, copyright notices, or access controls on the Site or video player. You understand some content may be offensive, and you waive any claims related to such content. To the fullest extent allowed by law, you release the Company from liability for any issues connected to the Live Stream.
Claims Of Copyright Infringement On The Site
Under the DMCA (17 U.S.C. §512(c)(2)), if you believe content on our Site infringes your copyright, send a written notice with: (a) your or your agent’s signature; (b) identification of the copyrighted work(s); (c) information to locate the infringing content; (d) your contact details; (e) a statement of good faith belief regarding unauthorized use; and (f) a statement of accuracy and authority under penalty of perjury. False claims carry penalties. Consult a legal advisor before submission. We may terminate repeat infringers’ access when appropriate.
Links
The Site may include links to external websites that are not owned or operated by us. The inclusion of such links does not imply our approval or endorsement of these sites. We do not control the content or privacy practices of external websites and cannot be held responsible for them. We advise users to review the terms of use and privacy policies of any linked website prior to engagement. Accessing third-party websites is at your own risk and subject to their respective terms. Users are responsible for ensuring that any links accessed or software downloaded (whether from this Site or other sources) are free from viruses, malware, or other harmful components.
Customer Communication
When you contact us or use our Site, you agree to receive communications from us electronically. All electronic communications fulfill legal writing requirements. Any comments or feedback submitted through email or the Site are non-confidential and become our exclusive property, including all rights and interests. We may use, modify, or distribute these Comments without restriction or compensation, and we are not obliged to keep them confidential or respond. You remain responsible for your submissions and must own the necessary rights to them. By submitting content, you waive any moral rights or similar claims. We may enforce limits on service use, communications, storage, and are not liable for any message deletion or loss.
Access from Outside the United States
This Site is intended for U.S. residents. We do not guarantee that content is appropriate or available elsewhere, and may restrict access to any person or location. If you visit from outside the U.S., you accept the risks and consent to your personal data being transmitted and processed in the U.S. or other countries where data protection laws may be different or less strict than in your own country.
Disclaimer of Warranties
The site and its content are provided “as is” and “as available”. We strive to maintain a safe and bug-free experience, but use is at your own risk. All warranties, express or implied, including title, non-infringement, accuracy, merchantability, and fitness for purpose, are disclaimed to the fullest extent allowed by law. We cannot guarantee security, error-free operation, or uninterrupted service. We are not liable for third-party actions or information; you release us from related claims and damages. Jurisdictions may limit some exclusions. California residents waive civil code §1542 regarding unknown claims.
Limitation of Liability
We and our affiliates are not liable for any damages arising from your use of the site, except for out-of-pocket expenses. This includes direct, indirect, incidental, special, or consequential damages, even if we have been advised of potential issues. We are not responsible for user misconduct, personal injury, property damage, unauthorized access, viruses, or inaccuracies in content. If you are dissatisfied with the site, your only remedy is to stop using it. Our total liability will not exceed $100 or the amount you’ve paid us in the past year, whichever is greater. Some jurisdictions may not allow these limitations, in which case our liability is limited as permitted by law. Attorneys’ fees will not be awarded or recoverable.
Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, providers, and related parties from any claims, damages, or expenses (including attorneys’ fees) arising from your use of the Site or breach of these Terms. We may assume sole defense of any claim and you must fully cooperate with us in that defense.
Notice to California Consumers
Pursuant to California Civil Code Section 1789.3, users in California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services, within the California Department of Consumer Affairs, can be reached for assistance. Complaints may be submitted online at www.dca.ca.gov/, or you may call 800.952.5210 to request a complaint form by mail.
Governing Law; Jurisdiction
These Terms are governed by U.S. and California law. Any disputes related to your use of the Site will be resolved exclusively in the state or federal courts of San Diego County, California, and you consent to their jurisdiction.
General
Relationship: These Terms do not create a partnership, joint venture, employment, or agency relationship between you and the Company.
Assignment: The Company can assign these Terms at any time; you need written consent to do so, or your assignment is invalid.
Severability: If any part of these Terms is found unenforceable, it will be adjusted to reflect the original intent as closely as possible, with the rest remaining effective.
Attorneys’ Fees: The prevailing party in any litigation under these Terms may recover reasonable legal costs from the other party.
No Waiver: A failure to enforce any part of these Terms does not waive future enforcement rights.
Notices: Send all notices regarding these Terms to info@belicofest.com.
Equitable Remedies: The Company may seek equitable relief for breaches of these Terms without needing to prove damages or provide security.
For questions, contact info@belicofest.com.
