Terms of Service
Terms of Service
The Site primarily provides information about festivals, events, concerts, and other content we think would be of interest to you. To the extent new services, content or features are added to our Site in the future, your use thereof is subject to these Terms of Service.
- Third Party Services.
The Site is intended primarily for informational purposes. The Word enables you to inquire about various services and events promoted or hosted by certain third parties. The Word may offer links to third-party web sites that may offer various products, services, and/or information. Users should be aware that your use of these third-party web sites, content, or services may be subject to separate terms and conditions, information collection practices, and other provisions; and we encourage you to review those policies. The Word cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. The Word does not endorse any of the products or services offered in any third-party web sites. Further, The Word has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any transaction with any third-party web site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the user to conduct whatever investigation such user deems necessary and appropriate. You 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.
In order to use some parts of the Site, you may need to register an account. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorized use of your account.
When joining The Word via a User Account you will be asked to create an account which you can do via a number of social network accounts or with an email address and secure password. You can choose what personal information is displayed on theword.co. When you login to the Site using social networks the application will check for any changes stored by The Word and update your The Word profile accordingly.
This Agreement provides the user with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and applicable notices. Except as otherwise expressly permitted herein, a user may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, or otherwise use any information or material obtained from or through the Site.
- User Submissions.
We may now or in the future allow submission to the Site of communications and or material by users of the Site (collectively “User Submissions”). Any content uploaded, posted, submitted, or otherwise made available by users of the Site, including without limitation blog comments, message board posts, and any other content which does not originate with The Word, is the sole responsibility of the person who made such User Submission available on the Site. Under no circumstances will The Word be liable in any way for any User Submission made available through the Site by you or any third party. The Word does not guarantee the truthfulness, integrity, suitability or quality of the User Submission, and it does not endorse such User Submission.
User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to each User Submissions that we may publish on the Site from time to time.
By submitting a User Submission to the Site you hereby grant:
- to The Word a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.; and
- to each user of the Site, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, license to access the User Submissions through the Site.
By submitting User Submissions to the Site you warrant, represent and undertake to us that you have full power and authority to grant the rights and licenses relating to the User Submissions set out in this Agreement and the User Submissions you submit: (i) do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; (ii) do not violate any law, statute, ordinance or regulation; (iii) are not defamatory, libelous, unlawfully threatening or unlawfully harassing; (iv) are not obscene or pornographic; (v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (vi) do not include e-mail addresses, phone numbers or any other Personal Identifiable Information.
The Word does not permit copyright infringing activities or any infringement of any other intellectual property rights on the Site. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights. If you believe any of the User Submissions on the Site are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.
- Conduct on Site.
You may not, nor may you allow others to, directly or indirectly, engage in any of the following, and you agree not to use the Site to:
- Attempt to or actually disrupt, impair or interfere with the operation of, alter or modify the Site or any content. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so.
- Collect or attempt to collect, or store, any information about others, including, but not limited to personal data, passwords, account or other information, or solicit personal information from any individual.
- Restrict or inhibit any other authorized user from using and enjoying the Site. This includes, without limitation (i) using, or attempting to use, any account without the user’s permission, or (ii) obtaining or soliciting another user’s password or other personal information under false pretenses.
- Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, information you have reason to know is false or misleading, or otherwise objectionable, as determined by The Word in its sole discretion, information, or material.
- Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Except as expressly permitted herein or on the Site, modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
- 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.
- Use the Site for any unlawful purpose.
- Notices, Communications, and Electronic Signatures.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at [email address], if by e-mail, or at The Word, [Address], if by conventional mail. You agree to accept all communications from The Word regarding use of the Site at the addresses you provide to The Word. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you. You agree that, when in the future you visit the Site, your agreement or consent to these Terms and Conditions will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- Intellectual Property Rights.
For purposes of these Terms, “content” is defined as any information, communications, photos, video, graphics, music, sounds, software, and other material and services that can be viewed by users on the Site.
By accepting these Terms, you acknowledge and agree that all content presented to you on the Site, unless otherwise indicated, is protected by law to the fullest extent possible including, but not limited to, United States copyright, trade secret, trademark, service marks, patent and other proprietary rights and laws, and is the sole property of The Word and/or its Affiliates. Except as expressly provided for in this Agreement, nothing contained on this Site shall be construed as granting a license or other rights to you in any intellectual property of The Word or any third party. The software and other technology components of this Site, and the contents, selection, coordination, arrangement, and enhancement of the Site are Copyright © 2017 The Word or their affiliates and/or licensors. All rights reserved. The Word and all other trademarks, names, logos, and icons identifying The Word are proprietary marks of The Word or its affiliates. Copyright, trademark, and other proprietary rights in the Site, or portions thereof, may be held by third parties. Such third-party intellectual property rights may not be used without the prior written permission of their respective owners. Removing or altering the copyright notice and any other proprietary notice on any material on this Site is strictly prohibited.
- Law Enforcement and User Compliance with Applicable Laws.
Your access to this Site is governed by all applicable federal, state and local laws. The Word reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. The Word will also comply with all court orders involving requests for such information.
- Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WORD, ITS RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY “THE WORD PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY EVENTS OR PROMOTIONS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, THE WORD AND THE WORD PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT THE WORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless The Word and our affiliates and all of our employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use or misuse of and access to the Site; (ii) any breach by you of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your content caused damage to a thirty-party. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Site Access and Termination.
This Site is controlled and operated by The Word from its offices within the United States. The Word makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws. The World reserves the right at any time and for any reason to deny you access to the Site and to terminate this Agreement.
- Digital Millennium Copyright Act.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The Word reserves the right to remove any material on the Site which allegedly infringes a third party’s copyright. We respect the intellectual property of others, and we ask that you do the same. If you or any user of the Site believes its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Yellow Brick Road Industries and YBR Promotions LLC
465 S. Van Ness, Suite A
San Francisco, CA 94103
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Governing Law.
This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of California without respect to its conflict of laws principles. Any action to enforce this Agreement will be resolved solely through a confidential, private, binding arbitration under the rules of JAMS, in Los Angeles, California, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such arbitration. You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over The Word, either specific or general, in jurisdictions other than California.
The Word reserves the right to modify or discontinue all or any portion of the Site, including features therein, at any time with or without notice to you. The Word will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms.
You understand and agree that temporary interruptions of service available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Word of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
No joint venture, partnership, employment, or agency relationship exists between a user and The Word as a result of this Agreement or user’s use of this Site.
- Entire Agreement.
We may change these Terms from time to time in our sole discretion and you agree to be bound by such changes. You should periodically review this site for such changes. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.
You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included in these Terms.