Mud Factor Terms of Service

TERMS & CONDITIONS OF USE

Welcome to a website owned by Eight51 Events, Inc. (“851”) that features 851 or one of our events (collectively, the “Websites”). 851 makes the Websites available for your use subject to the terms and conditions of use set forth below (“Terms”), as may be amended from time to time by 851.

INTRODUCTION

Please read the Terms carefully. By accessing the Websites, including, but not limited to, browsing, evaluating, downloading, purchasing or using any of the Website materials, products or services, you expressly acknowledge that you have read and agree to be bound by the Terms, 851’s Privacy Policy (incorporated herein by reference) and any applicable local laws. You waive any and all defenses you may have based on the electronic form of the Terms and the lack of signature by the parties. If you do not agree to the Terms, do not use the Websites.

INTELLECTUAL PROPERTY

The Websites are for informational and entertainment purposes only. You may print material from the Websites for personal, non-commercial or informational use only and provided all copyright, trademark and other proprietary notices are left intact. Any reproduction, modification, copying, distribution or republication of the Website software, code, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Websites, including, without limitation, the selection, sequence and “look and feel” and arrangement of items (collectively, “Content”), for any purpose without the express written consent of 851 (or its owner if 851 is not the owner) is prohibited. This prohibition includes, without limitation, the reposting of RSS feeds of the Websites or any portion thereof on other websites for any purpose whatsoever.

All Content is the property of 851, its affiliates, licensors, artists, labels, clients, advertisers, sponsors, or suppliers and is legally protected, without limitation, under the United States federal and state laws, as well as applicable foreign laws, regulations and treaties. 851 may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

All rights in the album, artist, band and label names, company names, trade names, logos and designs of 851 or third-party products or services, whether or not appearing with or without the trademark symbol, belong exclusively to 851 or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Nothing stated or implied on this Websites confers on you any license or right under any patent, copyright or trademark of 851 or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Websites in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited.

The Websites are the copyright of 851, all rights reserved. The Event names, logos and designs are the service marks or trademarks (collectively, “Marks”) of 851. Any unauthorized use of the Marks is strictly prohibited. If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to the Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

LINKS

The Websites may contain links to other websites (“Links”), over which 851 has no control or responsibility for their content. 851 provides the Links only as a convenience but their inclusion is not an endorsement by 851 in favor of any person or entity offering products or services on the Sites. Other websites may link without prior permission to the Websites’ homepage only through a plain-text link. Permission for any other type of link to the Websites must be sought in advance by emailing us at info@mudfactor.com. Any third party website that links to the Websites (i) shall not create a frame, browse or border environment around any of the content of the Websites; (ii) may link to, but not replicate, Websites content; (iii) shall not state directly or imply that 851 is endorsing or sponsoring it or its products or services; (iv) shall not present false information about 851 or its products or services; (v) shall not use 851 trademarks or service marks without the prior written permission of 851; (vi) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (vii) shall not otherwise violate any copyright interest of 851 or any artist, band, label or affiliated party whose information and/or material are available on the Websites.

USER CONDUCT

If the Websites include chat rooms, forums or other public-posting areas, 851 will not and cannot review every posting that may be made in such areas. 851 will not endorse or guarantee the accuracy of any posting regardless of the source and will not be responsible for any material posted in such areas. 851 shall have the right (but not the obligation) to periodically monitor the Websites’ content to determine compliance with the Terms and to satisfy any law, regulation or authorized government request. 851 shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Websites.

By using the Websites, you agree not to post any content that libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, constitutes spam (i.e., unsolicited email), infringes on the ability of others to enjoy the Websites or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates identifiers to disguise the origin of the content or contains links to other sites that fall within the description set out above. 851 reserves the right to delete or edit any content and refuse access to anyone who it believes (in its sole and absolute discretion) has violated the Terms.

If the Websites provide certain areas that require you to register or ask you to provide information to participate in certain features or access certain content, your decision to provide that information is purely optional (with the understanding that if you elect not to provide that information, you may not be able to access such areas). If you elect to provide that information, you agree to provide information that is true and accurate. If you are required to choose a user name and password, it is your responsibility alone to ensure the confidentiality of that information and you agree not to register under the name of any other person. You agree to notify 851 of any unauthorized use of your user name and/or password and you must be at least thirteen (13) years old to register on the Website.

USER CONTENT

By submitting or uploading your photos and videos to the Website (“User Content”), you hereby grant to 851 a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, share, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with 851’s (and its successors’ and affiliates’) business, including without limitation for promoting 851’s events and services in any media formats and through any media channels, including social media.

PROMOTIONS

The Websites may, from time to time, contain sweepstakes or other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration or entry are valid and you agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Websites.

LIMITATION OF LIABILITY

You agree that use of the Websites is provided “as is” and “as available” and that you visit the Websites at your sole risk. 851, its members, agents, past and present employees, affiliates, representatives, assigns and successors neither warrant that the Websites will be uninterrupted or error free nor that the Websites will be free of viruses or other harmful components. 851 expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose.

You are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided through the Websites. 851 disclaims any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose for any information, product or service offered on the Websites.

851 is not liable for the defamatory, offensive or illegal conduct of other users or third parties and you agree that the risk of injury from the foregoing rests solely with you. You agree that 851’s liability arising out of any legal claim in any way connected to the Websites shall not exceed the amount you paid to 851 for the use of the Websites.

If merchandise or services offered for sale via the Websites are listed at an incorrect price or contain other incorrect information, 851 shall have the absolute right to refuse or cancel any order placed for such merchandise or services and is released from liability for the same.

IN NO EVENT SHALL 851 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES OR ANY INFORMATION PROVIDED ON THE WEBSITES, EVEN IF IT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree, at all times, to defend, indemnify and hold harmless 851, its members, agents, past and present employees, affiliates, representatives, assigns and successors from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of, directly or indirectly, any use you make of the Websites or your use of Content and any violation by you of the Terms. You agree not to take any action that interferes with the proper working of the Websites, compromises the security of the Websites, renders the Websites inaccessible to others or otherwise causes damage to the Websites or any Content.

GOVERNING LAW

This Websites originate from and are maintained in the State of California, United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in California in all disputes arising out of or relating to the Terms or use of the Websites without regard to conflict of laws or choice of law principles. Any cause of action you may have with respect to your use of the Websites must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. 851 makes no representations regarding the legality of access to or use of the Websites or the Content from other countries. Access in countries where the Content is illegal is prohibited. Users who access the Websites from outside the United States do so at their own risk and are responsible for compliance with any local laws.

FORCE MAJEURE

851 shall have no liability by reason of any delay or failure to perform any obligation if the delay or failure to perform is caused by force majeure, including, but not limited to, act of God, extreme weather, fire, casualty, work stoppage, power outage, civil disturbance, riot, war, act of Government, act of public enemy or other cause of nature beyond its control.

SEVERABILITY

If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement that shall remain in full force and affect.

ENTIRE AGREEMENT

The Terms, 851’s Privacy Policy, and any other Website-related rules established by 851 constitute the sole and entire agreement between the parties concerning the subject matter set forth above and supersede all previous written or verbal discussions or agreements between the parties with respect to the same.

Thank you for visiting this website. We hope you find it informative, easy to navigate and will visit it regularly.