- PURPOSE
These terms and conditions of use (“Terms of Use”) govern the access or use by you of any Hinterland Music Festival LLC (hereafter “HINTERLAND”) websites, mobile applications, technology platforms, and/or other content, products, and services made available online by HINTERLAND (collectively, the “Services”). As used in these Terms of Use, “you” or “your” means any person or entity using the Service.
The Services are offered to you conditioned on your acceptance without modification of this Terms of Use, the Privacy Policy, and any documents incorporated by reference herein or therein (collectively, the “User Agreement”). Your access and use of the Services constitutes your agreement to be bound by the User Agreement. You further agree that the User Agreement is a legally binding contract between you and HINTERLAND. If you do not agree to the User Agreement, including these Terms of Use, then you may not access or use the Services.
You acknowledge and agree that it is your responsibility to review the User Agreement, including these Terms of Use, periodically and to be aware of any modifications. Your continued use of or access to the Services after any such modifications constitutes your acknowledgment of the modified Terms of Use and your agreement to abide and be bound by the modified Terms of Use and User Agreement.
Section 2 – Registration Data and Your Account
In order to access or use the Services, you may need to create an account and log in by providing your name, cellular phone number, email address and zip code. Your account is personal to you.
If you have any reason to believe that your account information has been compromised or that your account has been accessed by an unauthorized third party, you agree to immediately notify HINTERLAND by email at: realperson@hinterlandiowa.com. You will be solely responsible for all losses incurred due to any unauthorized use of your account. There is risk that unauthorized third parties may engage in illegal activity to obtain stored personal information or intercept transmissions of personal information over the Internet. HINTERLAND is not responsible for any data obtained by third parties in an unauthorized manner.
Section 3 – User Conduct and Prohibited Transactions
You may not remove any copyright, trademark, or other proprietary notices contained in or on the Services or “frame” or “mirror” any part of the Services. You may not infringe or violate the intellectual property rights or any other rights of anyone else, including HINTERLAND or its licensors, in connection with your use of the Services.
Further, your use of the Services is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Services. As a condition of your use of the Services, you warrant to HINTERLAND that you will not use the Services for any purpose that is unlawful or prohibited by the User Agreement, including these Terms of Use. Further, you may not use the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
You may not transmit any software, files, or other materials that contain viruses, corrupted files, or any other similar software or programs that are malicious, destructive, or may otherwise damage the operation of another’s computer or device.
You may not restrict or inhibit any other party from using the Services or use the Services in any manner which could damage, disable, overburden, or impair the Services or otherwise interfere with any other party’s use and enjoyment of the Services.
If HINTERLAND has any reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including, without limitation, violation of any of these Terms of Use or other terms of the User Agreement, your access to the Services may be suspended or terminated without prior notice to you, at HINTERLAND sole discretion.
Section 4 – Consent to Electronic Communications
Notices or other communications regarding your account and/or your use of the Service(s) (“Communications”) may be provided to you electronically, and you agree to receive all Communications from HINTERLAND in electronic form. Your consent to receive Communications electronically is valid until you revoke your consent by notifying HINTERLAND by emailing us at: realperson@hinterlandiowa.com. If you revoke your consent to receive Communications electronically, HINTERLAND will terminate your right to use the Services.
Section 5 – User Eligibility and Restrictions
To the extent applicable, HINTERLAND complies with the requirements of the Children’s Online Privacy Protection Act, and accordingly, the Services are offered and available to users who are 13 years of age or older. By using any of the Services, you represent and warrant that you are 13 years of age or older. If you are not 13 years of age or older, you must not access or use the Services.
Section 6 – Network Access and Devices
You are responsible for obtaining and maintaining the data network access necessary to use the Services. Your mobile network’s data and message rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Section 7 – Software License
Your use of any Software in connection with the Services is governed by the User Agreement, including these Terms of Use, and the terms of the applicable end user license agreement, if any, which accompanies or is included with the applicable Software. No warranties of any kind are made with respect to any of the Software except as may be specifically set forth in the written terms of the applicable license agreement.
Section 8 – Indemnification
You agree to indemnify and hold harmless HINTERLAND and its affiliates, directors, officers, employees, agents, and contractors from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of and activities in connection with your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of the terms of the User Agreement, including these Terms of Use; or (iii) your violation of the rights of any third party.
Section 9 – Disclaimer of Warranties
ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HINTERLAND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NONINFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THAT RESULTS FROM SUCH ACTIVITIES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Section 10 – Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL HINTERLAND BE LIABLE FOR ANY DAMAGES CAUSED OTHER THAN BY HINTERLAND’S INTENTIONAL MISCONDUCT. FURTHER, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL HINTERLAND BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LIABILITIES OR LOSSES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, LOSS OF PRIVACY, DISCLOSURE OF CONFIDENTIAL INFORMATION, PERSONAL INJURY, OR PROPERTY DAMAGE IN ANY WAY RELATED TO, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF OR RESULTING FROM: (1) YOUR USE OF OR RELIANCE ON THE SERICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION STORED ON HINTERLAND’S SYSTEMS OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, IN ANY CASE EVEN IF HINTERLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, HINTERLAND SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY (INCLUDING, BY WAY OF EXAMPLE, AND WITHOUT LIMITATION, ANY PROVIDER OF TELECOMMUNICATIONS SERVICES, INTERNET ACCESS, OR DEVICE EQUIPMENT OR SOFTWARE), OR ANY CIRCUMSTANCES OR CAUSES BEYOND HINTERLAND’S CONTROL (INCLUDING, BY WAY OF EXAMPLE, AND WITHOUT LIMITATION, FIRE, FLOOD, OR OTHER NATURAL DISASTER, EPIDEMIC, PANDEMIC, WAR, RIOT, STRIKE, ACT OF CIVIL OR MILITARY AUTHORITY, LABOR DISPUTE, EQUIPMENT OR DEVICE FAILURE, COMPUTER VIRUS, OR FAILURE OR INTERRUPTION OF ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY SERVICES). IN NO EVENT SHALL HINTERLAND’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED TEN DOLLARS ($10).
Section 11 – Termination
HINTERLAND, in its sole discretion, reserves the right to terminate the User Agreement, these Terms of Use, and/or your access to and use of the Services or any portion thereof at any time and for any reason, with or without cause. Additionally, HINTERLAND reserves the right, in its sole discretion, to modify, suspend, or discontinue any Service or part of any Service at any time, with or without notice to you. Upon such termination, suspension, or discontinuance, regardless of the reasons therefor, your right to access and/or use the Services immediately ceases, and you acknowledge and agree that HINTERLAND may immediately deactivate or delete your account and all related information.
Section 12 – Choice of Law
These Terms of Use and the rights and obligations of the parties under these Terms of Use and the User Agreement will be governed by, and construed and interpreted in accordance with, the laws of the State of Iowa, excluding its conflicts of law rules. Any and all obligations under the User Agreement are due in Polk County, Iowa, and the parties hereby irrevocably consent to the jurisdiction of the state and federal courts in Polk County, Iowa with respect to all disputes arising out of the User Agreement.
Section 13 – Notices
HINTERLAND may give any notice to you by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to the address in your account, if you provided one. Such notice shall be deemed to have been given and received upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending or posting (if sent by email or posted electronically on the Services). You may give notice to HINTERLAND, with such notice deemed given when received by HINTERLAND, at any time by first class mail or pre-paid post to HINTERLAND, 500 East Locust St., STE 500, Des Moines, IA 50309.
Section 14 – Content Disclaimer
Although HINTERLAND strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services may be subject to frequent changes. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.