Our Terms of Program Services

Date of Last Revision: April 30, 2021

COVID-19 NOTICE– As God’s House of Hip Hop 20/20 Summer Fest 2021 looks to help nonprofits especially those centered around the youth that have been and are being impacted by COVID-19, it is partnering with various third parties to help Users cross promote campaigns in order to drive more support. Such third parties that provide or facilitate links, tools, widgets or other features allow You to access other sites, services and resources provided by such third parties but also allow such third parties to access campaigns and distribute campaigns created on 20/20 Summer Festival LLC affiliate and DBA websites namely 2020SummerFest.com, on.2020SummerFest.com, Gh3radio.com and on.gh3radio.com herein (Platforms) without obtaining Your consent. By participating in the Sow a Seed program commencing May 1st 2021 and ending on September 18th at 11:45 PM and applying to be part of the various COVID-19 initiatives, You consent to your nonprofit organization being shared on each such third party site and You agree to be bound by their respective privacy policies and terms of service.

20/20 Summer Festival LLC provides (a) the program to you through its Platforms.

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE 20/20 Summer Festival LLC Program or CHARITY SERVICES (COLLECTIVELY “Program” or “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.

Your continued use of the Program after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

ACCESS AND USE OF THE SERVICES

20/20 Summer Festival LLC Sow a Seed program Services Description: The Sow a Seed Services are offered as a platform to allow non-profit organization (the “Campaign Organizer”) to post the Sow a Seed campaign (“Campaign”) to promote and market God’s House of Hip Hop 20/20 Summer Fest 2021. Campaign will receive from every ticket sold using Campaign Organizer’s unique like ($1.00) One USD from the sale of tickets from the non-profits custom link distributed only by 20/20 Summer Festival LLC. Campaign Organizer link and nonprofit must be an exact match to the record on file at 20/20 Summer Festival LLC headquarter.

20/20 Summer Festival LLC’s Charity Services Description: The Charity Services are offered as a platform to allow a Campaign Organizer to receive a donation for a charitable purpose. This means that, in connection with 20/20 Summer Festival LLC’s Sow a Seed program either the Campaign Organizer or Beneficiary must be a non-profit organization and established as such under the applicable laws of incorporation (“Charities”). For example, in the United States, the Campaign Organizer for 20/20 Summer Festival LLC’s Charity Services must be a 501(c)(3), (c)(4) or other non-profit organization, raising funds for a charitable purpose. This program is only applicable to the United States and U.S. territories. 

Campaign Organizers: We be required to show proof of non-profit status – via an IRS tax exemption letter and a W9 prior to donations being distributed.

The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. Platforms facilitate the Campaign of the Campaign Organizers and permits ticket purchasers to make donations to these Campaign Organizers. 20/20 Summer Festival LLC is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.

All information and content provided by Campaign Organizer’s custom link relating to the Services is for informational purposes only and 20/20 Summer Festival LLC does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Programs, Charities, Donations, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

20/20 Summer Fest has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of ticket sales or any sales at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Campaign Organizer, must make the final determination as to the value and appropriateness of contributing to any User, Campaign, or event.

No Solicitation: The 20/20 Summer Festival Platforms are offered to help Campaign Organizers raise money. The Platforms merely provides the technology to allow fundraisers to connect their custom link to direct ticket sales. The existence of the Services is not a solicitation of donations by 20/20 Summer Fest does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that 20/20 Summer Festival shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign, or event.

Donation and Ticket Buyers: All Donations are to benefit your non-profit. When you receive a donation through either of the Platforms, it is your responsibility to understand how your money will be used. 20/20 Summer Fest is not responsible for any offers, promises, rewards or promotions made or offered by Ticket purchasers or Campaign staff. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please contact us via email at Charity@2020SummerFest.com to alert our team of this potential issue and we will investigate.

1. Ticket purchasers are not permitted to impose restrictions on the use of Donations by a Charity or Event Organizer. To the extent that a Donation is made in response to an appeal for a particular program of a Charity or Event Organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine how all Donations will be used.
2. 20/20 Summer Festival LLC makes no representation as to whether all or any portion of your Donations, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. 20/20 Summer Festival will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
3. Campaign Organizers shall provide 20/20 Summer Festival LLC with such information as is required to enable the issuing of an official Donation receipt. 20/20 Summer Festival LLC and it’s Platforms acknowledges and agrees that, in accordance with the Privacy Policy, only Campaign Organizers link tallies will be made available within 30 of receive a formal request in writing from the Charity to which such 20/20 Summer Festival LLC makes a donation and may be used by such Charity in accordance with the Charity’s Privacy Policy. 20/20 Summer Festival LLC is not responsible, and shall not be liable, for any Charities use of any Charity Organization link tally accuracy information.

Certain states require written disclosures for Charities soliciting contributions. For donors making donations to Charities, please see the state non-profit disclosures for those charities.

Campaign Organizer: You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with applying for the Sow a Seed Program is accurate, complete, and not likely to deceive reasonable Purchasers; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you accept the donation believed by reasonable Purchasers to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donation; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your organization; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize 20/20 Summer Festival LLC, and 20/20 Summer Festival LLC reserves the right to, provide information relating to your application to Purchasers, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with our Program and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (example, the Internal Revenue Code in the United States; or (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database.

Your Registration Obligations: You may be required to register with 20/20 Summer Festival LLC in order to access and use certain features of the Program. If you choose to register for the Program, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Programs registration form. Campaign Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Campaign Organizer or the Beneficiary of such campaign. You agree to keep registration information current and up to date.

Registration data and certain other information about you are governed by these Terms of Program and our Privacy Policy. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom 20/20 Summer Festival LLC has entered into contracts, in order to be able to benefit from their services. If 20/20 Summer Festival LLC or one of our payments processors at any time discovers that the information you provided about you or the purpose of your application is incorrect or violates any of these Terms of Program or their terms of service, the Program may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party Payment Processors are integral to the Program and that we exchange information with such third parties in order to facilitate the provision of Program as set out in our Privacy Policy.

Charities

The 20/20 Summer Festival LLC’s Charity Programs and or Services include the features and services described here. Only tickets sold through 20/20 Summer Festival LLC official ticketing company Front Gate Tickets will be counted. Only Charitable Organizations 20/20 Summer Festival LLC’s designated custom Charitable Organization’s link will be tabulated. Only one link per Charitable Organization link will be issued. All donations are subject to proper proof of charitable status at the time of the donation 30 to 60 days after the close of Day 3 of God’s House of Hip Hop 20/20 Summer Fest 2021 September 18th 2021 at 11:45 PM PST.

Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Purchase of a ticket through the official ticketing agency of 20/20 Summer Festival LLC – Front Gate Tickets.

1. 1. If Purchases are refunded to the Ticket holder and 20/20 Summer Festival LLC already remitted payment to the Charity, 20/20 Summer Festival LLC will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable Charity. The applicable Charity expressly agrees that it will be responsible for paying 20/20 Summer Festival LLC the full amount of any refund due to 20/20 Summer Festival LLC. 20/20 Summer Fest may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation.
      
   2. Receiving Funds. As a Charity, receipt of Donations, is based upon and subject to the applicable Charities custom link issued by 20/20 Summer Festival LLC. 20/20 Summer Festival LLC is not a payment processor.
   3. 20/20 Summer Festival LLC does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on one (1) USD from every ticket sold via Charities’ custom link.
   4. Form of Receipt. 20/20 Summer Festival on behalf of which Charitable Organization issues official Donation receipts may at any time request a copy of the form of receipt being issued and may direct Charitable Organization to revise the form of receipt as necessary to ensure compliance with Applicable Laws.

Ownership of Ticket Purchaser Lists and Data

1. 1. 20/20 Summer Festival LLC Platform. As between 20/20 Summer Festival and Charity using the 20/20 Summer Festival LLC Platform, Charity may request Overall total from Charitable Organizations custom link for compliance and transactional purposes provided that Privacy Policy and applicable laws. No other date will be released.

Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Modifications to Services: 20/20 Summer Festival LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Program and all Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Content Manifestly Made Public by the User.

Public Content; Public Display of Information and Donations: Some of your activity on and through the Services is public, such as content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. For example, as a Campaign Organizer, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Ticket Purchaser you have the option to publicly display your reason for supporting a Charitable Organization for all to see, including on search engines (like Google and Yahoo). To keep the details of your reason for purchasing a ticket private, do not make public your information because we do not public individual ticket holder information. Please remember that if you choose to provide information using certain public features of the Program or Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that 20/20 Summer Festival LLC will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to 20/20 Summer Festival LLC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against 20/20 Summer Festival LLC and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.

You acknowledge and agree that 20/20 Summer Festival LLC may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 20/20 Summer Festival, its users or the public.

Data Retention: You acknowledge that 20/20 Summer Festival LLC has no obligation to you to retain data relating to any account or your participation in the Sow a Seed Program. You acknowledge that 20/20 Summer Fest reserves the right to delete data or to terminate accounts or Programs / Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by Charities on either Platform, in which case 20/20 Summer Festival LLC will provide reasonable notice where possible.

Charitable Organization :

You are solely responsible for compliance with all applicable law in relation to our Sow a Seed Program or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the Charity you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.

Prohibited Conduct:

The following are examples of User Content and/or use that is illegal or prohibited by 20/20 Summer Festival LLC. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Charitable Organization, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Program / Services, remove the offending User Content, suspend or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.

Without limiting the foregoing, you agree:

1. not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
   1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
   2. any election campaigns that are not run by a registered organization within the supported country;
   3. User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
   4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
   5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
   6. annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
   7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
   8. User Content or reflecting behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
   9. for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
   10. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
   11. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
   12. pornography or other sexual content;
   13. offensive, graphic, perverse or sensitive content;
   14. the sale of items before the seller has control or possession of the item;
   15. collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by 20/20 Summer Festival LLC;
   16. credit repair or debt settlement services;
   17. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
   18. publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
   19. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
   20. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
   21. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
   22. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
   23. unauthorized sale or resale of brand name or designer products or services;
   24. sale of goods or services that are illegally imported or exported;
   25. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
   26. collecting or providing funds for any purpose other than as described in a Campaign description;
   27. any other activity that 20/20 Summer Festival LLC may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
   28. any other activity that 20/20 Summer Festival LLC may deem in its sole discretion to be unacceptable.

2. not to use the Services to transmit or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of 20/20 Summer Festival LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose 20/20 Summer Festival LLC or its users to any harm or liability of any type;

1. 1. not to interfere with or disrupt servers or networks connected to the Program Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
   2. not to harvest, collect or publish personally identifiable information of others;
   3. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
   4. not to use the Program Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
   5. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
   6. not create any liability for 20/20 Summer Festival LLC or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
   7. not to engage in any conduct that, in 20/20 Summer Fest’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services;
   8. not to interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks 20/20 Summer Festival LLC uses to provide the Services;
   9. not to gain unauthorized access to the Program Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means;
   10. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
   11. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
   12. not to, on the 20/20 Summer Festival LLC’s Charity Platform, engage in advertising or commercial solicitation of any product or service without 20/20 Summer Festival’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
   13. transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
   14. undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
   15. attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Donations accept through the Program Services, you agree:

1. 1. 1. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
      2. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
      3. to maintain reasonable and standard security measures to protect any information transmitted and received through the Program Services, including without limitation by adhering to any security procedures and controls required by 20/20 Summer Festival LLC from time to time;

INTELLECTUAL PROPERTY RIGHTS

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by 20/20 Summer Festival LLC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Program Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by 20/20 Summer Festival LLC from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of 20/20 Summer Festival LLC, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by 20/20 Summer Festival LLC.

The 20/20 Summer Festival LLC and Platform and affiliate name and logos are trademarks and service marks of the company (collectively the “20/20 Summer Fest Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to 20/20 Summer Festival LLc. Nothing in these Terms of Program Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of 20/20 Summer Festival LLC’s Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of 20/20 Summer Festival LLC Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will 20/20 Summer Festival LLC be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that 20/20 Summer Festival LLC does not pre-screen User Content, but that 20/20 Summer Festival LLC and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant 20/20 Summer Festival LLC and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless 20/20 Summer Festival LLC and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of 20/20 Summer Festival LLC in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or 20/20 Summer Festival LLC’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Services Content will be made available through the Program. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Program Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Program Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Program Services Content or User Content from the Program Services.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold 20/20 Summer Festival LLC and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that 20/20 Summer Festival LLC has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify 20/20 Summer Festival LLC for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 20/20 SUMMER FESTIVAL LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

20/20 SUMMER FESTIVAL LLC AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 20/20 SUMMER FESTIVAL LLC NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF 20/20 SUMMER FESTIVAL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE PROGRAM SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 20/20 SUMMER FESTIVAL LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID 20/20 SUMMER FESTIVALS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.

Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

TERMINATION

You agree that 20/20 Summer Festival LLC, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Program Services and 20/20 Summer Festival LLC will have no liability or responsibility with respect thereto. 20/20 Summer Festival LLC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

QUESTIONS? CONCERNS? SUGGESTIONS? 

Email us at Chartity@2020SummerFest.com