Effective Date: March 6, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING CONTRACT.
Welcome to the Ultra Passport Program (the “Program”).
ULTRA ENTERPRISES, INC. and its subsidiaries, affiliates and Licensees (“Event Organizers,” “Ultra,” “Us,” “We” or “Our”) provide website access, features, content and services to users, Program members and potential Program members (“You” or “Your”) subject to the following Terms and Conditions of Use (the “Terms”). The Terms govern Your use of, and access to, the Program, as well as any of Our affiliated websites (together with the Program, the “Sites”) and any services, features and content offered by Us on or through the Sites (the “Services”). You may use the Sites and Services only on the condition that You abide by these Terms. Therefore, it is imperative that You read and comprehend these Terms.
BY ENROLLING IN THE PROGRAM, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. Your continued use of the Sites, Program and/or the Services implies that You have read and consent to these Terms (and all other policies set forth on the Sites) without limitation or qualification. If You do not agree to the Terms, such policies or any modifications thereto, please do not use the Sites. Additionally, as a condition of Your use of the Sites, You represent and warrant to Us that YOU WILL NOT USE THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES PROVIDED ON OR THROUGHOUT THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THE TERMS.
By using the Sites and/or the Services, You represent that You are 18 years of age or older and that You are legally capable to enter into contracts. If You are under 18, You may use the Sites, Program and/or the Services only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of Our Sites, Program and/or Services.
ULTRA PASSPORT ELIGIBILITY
Only users 18 years of age or older may become members in the Program. We reserve the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Program in Our sole discretion, at any time with or without notice. In addition, We may impose limits on any portion of the Sites and/or the Services or restrict Your access to portions, or the entirety, of the Program in Our sole discretion without notice or liability.
GENERAL ULTRA PASSPORT TERMS AND CONDITIONS
This Program is Our reward and thanks for Your loyalty and support of Our events throughout the world (the “Events”). As a Program member, You are eligible to earn and accumulate points by attending Our Events. As You achieve different levels of points in the Program, You will be eligible for a variety of benefits, as described in further detail below.
There are no membership or account verification fees associated with Your enrollment or participation in the Program. Participation in, and the benefits of, the Program are offered to You at the sole discretion of Event Organizers. Only eligible users may enroll in the Program.
Upon enrollment in the Program, You will be provided a Program account. As You attend Events, You will accumulate points toward Your Program account, as described in further detail below. Points accumulated under the Program are for the promotional benefit of Organizers and have no cash value. Your Program points and associated benefits are personal to You and may not be sold, transferred or assigned to, or shared with, family, friends or any other person or third-party, nor may Your points be used by You for any commercial purpose. You may only have one (1) Program account that is personal to You. These Terms constitute the entire understanding between You and Event Organizers with respect to the Program, and supersede any and all prior communications, whether oral or written. This Program is subject to all applicable laws and regulations and is void where prohibited by law.
EARNING ULTRA PASSPORT POINTS
NO POINTS WILL BE AWARDED OR EARNED TO YOUR PROGRAM ACCOUNT AT THE TIME OF OR SIMPLY BY THE PURCHASE OF TICKETS. Points will only be earned and added to Your Program account upon Your check-in at Program locations at each day of an eligible Event. You may only earn points for one ticket of entry per Event. You will earn points once for Your attendance for the eligible Event (e.g., for a three-day festival you will earn the total points rewarded after checking in at the eligible Event). Points not accumulated at the eligible Event can only be earned within fourteen (14) days following the completion of the Event upon verification that You attended the Event. All Points earned and credited to Your Program account expire twenty five (25) months from the day they are earned. Once You achieve a certain Status Level under the Program, You will retain such Status Level for the remainder of the calendar year during which You reached such Status Level, and You will maintain such Status Level through the entire subsequent calendar year. Upon verification of Program account, you will obtain 1,000 Program points. Account verification will require You to designate a “home Event.” Upon activating Your festival wristband for the Ultra Music Festival in Miami, you will obtain 5,000 Program points. Event Organizers cannot credit Program points for Events that occurred prior to the implementation of the Program.
ULTRA PASSPORT BENEFITS
Program benefits can be found at ultrapassport.com/benefits.
WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS
Ultra reserves the right to add, change, modify, suspend, or discontinue (temporarily or permanently) any portion of the Sites and/or the Services, in its sole discretion, at any time with or without notice to You. In addition, we may impose limits on any portion of the Sites and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend, or terminate your access to the Sites and/or the Services, including deletion of your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
If you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Sites and/or the Services and to use any technological, legal, operational or other means available to use to enforce the provisions of these Terms, including blocking IP addresses.
WWW.ULTRAMUSICFESTIVAL.COM TERMS AND CONDITIONS
Please read our website’s Terms and Conditions, located at ultramusicfestival.com/terms-of-use, to understand our website’s Terms and Conditions (the “Website Terms”). By enrolling and participating in the Program, YOU SIGNIFY THAT YOU HAVE READ AND CONSENT TO THE WEBSITE TERMS AND THAT YOU AGREE TO BE BOUND BY OUR WEBSITE TERMS, WITHOUT LIMITATION OR QUALIFICATION.
GOVERNING LAW; JURISDICTION
These Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to choice of law principles. All disputes arising out of or related to Your use of the Sites and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida and You agree to submit to the personal jurisdiction of such courts.
You agree that any disputes arising from or relating to Your participation in the Program hereunder or any relationship or dispute between You and Event Organizer or You and any company or person employed by or which is affiliated with Event Organizer, (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR; NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the U.S. District Court in the Southern District of Florida with venue lying in Miami-Dade County. This Agreement shall be governed and construed in accordance with the laws of Florida, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement or the breach thereof.
The Sites and Services are operated from the United States. We do not represent or warrant that the Sites or Services (or any part thereof) are appropriate or available for use in any particular country other than the United States. In choosing to access the Sites and/or Services you do so at your own risk, and are responsible for complying with all local laws, rules and regulations.
IF YOU ARE A USER ACCESSING THE SITES OR SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITES AND/OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
DISCLAIMER OF WARRANTIES
THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ULTRA MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES, AND/OR THE SERVICES IS AT YOUR SOLE RISK. ULTRA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES, AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITES OR THE SERVICES.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Ultra or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Sites or Services, your use of the Sites and/or the Services available on our Sites or Services, even if Ultra and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites and/or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Sites or Services, the software, unauthorized access to or alternation or your transmissions of data, statements or conduct of any third party on the site, any other matter relating to the Sites or the Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold Ultra, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Sites and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Sites and/or Services.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ultra as a result of the Terms or your use of the Sites or the Services.
Assignment. Ultra may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Ultra’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: [email protected], unless otherwise specified herein.
Equitable Remedies. You hereby agree that Ultra would be irreparably damaged if the terms of the Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
All questions and concerns regarding the Terms should be directed to [email protected].