Welcome to the RedWest Festival website! This website, mobile application, or service is owned and operated by RedWest Festival (“Festival,” “us,” “our,” or “we”).
These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our website, including any website where these Terms of Use are posted, and any subdomains and mobile versions (collectively, the “Site”), use our mobile applications (the “Mobile App”), or interact with our other on-site or web-enabled technologies, such as on-premise WiFi, Bluetooth beacons, and interactive kiosks. We may refer to the Mobile App, Site, and these related web-enabled technologies collectively as our “Digital Services.”
Through your use of our Digital Services, you consent to the practices described in these Terms of Use.
To the extent additional rules or guidelines affect your use of our Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Digital Services.
Description of Service
Our Digital Services are intended primarily for informational purposes. We provide information about the RedWest Festival and related events, our Digital Services, our company, our partners, and sponsors, and we may provide links for you to purchase tickets through third-party ticketing services.
Your use of these features and other content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than the Festival will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product, or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.
Modifications and Interruption to the Digital Services
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error-free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Your Representations
As a condition of your right to use our Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
Restricted Activities
You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to:
(1) violate or encourage the violation of any local, state, national, or international law or regulation; (2) collect or store personal data about other users of our Digital Services or solicit personal information from any individual; (3) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (4) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender, or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by the Festival in its sole discretion; (5) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships; (6) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes; (7) disrupt or interfere with the security or use of the Digital Services or any websites or content linked to them; (8) interfere with or damage the Digital Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services; (9) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Festival, our any third party, or create or use a false identity; (10) attempt to obtain unauthorized access to the Digital Services or portions thereof that are restricted from general access; (11) use any meta tags or any other “hidden text” utilizing the Festival’s (or any third party partner or sponsor’s) name, trademarks, or product names; (12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services; (13) engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; or (14) assist any third party in engaging in any activity prohibited by these Terms of Use.
Further, without our written consent, you may not:
(1) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Festival content or any use of or access to the Digital Services; (2) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Digital Services or monitor or copy our web pages or the content contained thereon; (3) deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.
Text Messaging
(This section remains largely the same, but replaces “AEG Presents” with “RedWest Festival” and the AEG email with a RedWest Festival email)
As part of using our Digital Services, you may participate in one or more texting programs administered by or on behalf of RedWest Festival or its affiliates. By participating in such programs, you are agreeing to receive recurring autodialed marketing messages at the mobile number that you have provided at opt-in. Your consent to participate in any such program is not a condition of any purchase. Your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract, and you are solely responsible for all message and data charges that you incur. In all programs, you may text STOP to stop messaging for that program and HELP for help. If you no longer want to receive text messages from us, the sole and exclusive remedy is to end enrollment in the specific texting program by texting STOP. After texting STOP you will receive one additional message confirming that your request has been processed.
In the event that you change or deactivate your mobile number it is your responsibility to notify us by sending an email to [email address removed]. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed.
We reserve the right to alter message frequency at any time, i.e. we may change the frequency of texts that you receive under any program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out. We also may discontinue any of our text messaging programs without notice or liability to you and reserve the right to cease delivery of text messages to any person at any time in our sole discretion.
Our text messaging programs are offered on an “as is” basis and may not be available via all carriers. We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for any losses or damages arising from (a) our text messaging programs, (b) non-delivery, delayed delivery, or misdirected delivery of a text message; (c) inaccurate or incomplete content in a text message; or (d) use or reliance on the content of any text message for any purpose. The wireless carriers are not liable for any delayed or undelivered text messages.
All information collected in connection with our text messaging programs is governed by our Privacy Policy.