Terms of Use

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Terms of Use

Welcome! These Terms of Use (“Terms”) is an agreement between you (“you” or “user”) and KAABOO Del Mar, LLC (“KAABOO”). The Terms, which include the Privacy Policy and the Ticket Terms, govern your access and use of the www.kaaboodelmar.com website, the www.kaabooexperience.com website, the KAABOO application; and the KAABOO social media pages (collectively, the “Services”).
This Services are owned and operated by KAABOO and controlled from its offices within the State of Colorado, United States of America. PLEASE READ THE TERMS BELOW CAREFULLY. BY ACCESSING THIS SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE SERVICES.

By using the Services, you represent and warrant that you have reached the age of legal majority in your state of residence and are lawfully able to accept these Terms.

Table of Contents:

  1. Ownership and Use of the Services
  2. Proprietary Rights
  3. Restrictions on Use
  4. Links; Third Party Websites
  5. Privacy
  6. KAABOO Ticketing Terms
  7. Indemnification
  8. Disclaimer
  9. Limitation of Liability
  10. Applicable Law and Venue
  11. Miscellaneous Provisions
  12. Changes to Terms
  13. Contact Us

A. Ownership and Use of the Services.

KAABOO reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel any or all of the Services’ operation, or portions thereof, with or without notice to you. You acknowledge and agree that KAABOO will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Services’ operation.

B. Proprietary Rights.

The Services, and all of its contents, including but not limited to text, photographs, images, illustrations, graphics, video material, audio material, trademarks, service marks, logos, and other materials (collectively “Content”), are protected by copyright, trademark and other laws of the United States. The Content is owned or controlled by KAABOO or by other parties that have provided rights thereto to KAABOO.
Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content displayed on this Services without the written permission of KAABOO or other party that may own the Content displayed on the Services. Commercial use of the Content displayed on the Services is strictly prohibited. All rights are hereby expressly reserved.

C. Restrictions on Use.

The Services and Content are for your personal, non-commercial use only. As a condition to accessing and using the Services in accordance with the license granted to you under these Terms, you agree to comply with the following rules:

  1. You may not download, copy, sell, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploiting any of the Content in whole or in part without, or in violation of, a written license or agreement with KAABOO and/or third party owners of intellectual property rights or other proprietary rights in the Content;
  2. You may not use any data mining, robots or similar data gathering or extraction methods;
  3. You may not manipulate or otherwise display the Services or the Content by using framing or similar navigational technology;
  4. You may not reverse engineer, alter or modify any part of the Services or the Content;
  5. You may not circumvent, disable or otherwise interfere with security-related features of the Services or any system resources, services or networks connected to or accessible through the Services;
  6. You may not sell, license, lease, or in any way commercializing the Services or the Content without specific written authorization from KAABOO; and
  7. You may not use the Services or the Content other than for its intended purpose.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Notwithstanding any of these Terms, KAABOO reserves the right, without notice and in its sole discretion, to terminate and/or to block your use of the Services.

D. Links; Third Party Websites

Links on the Services to third party websites may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that KAABOO and its Affiliated Parties (as defined below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. KAABOO expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products or services, that appear on any third party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that KAABOO and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.

E. Privacy.

You should review our Privacy Policy for an explanation of our collection and use of personal information, and our tracking and targeting of your actions on and/or through the Services, before further using the Services, as you will be bound by the terms of such Privacy Policy, which is incorporated herein by reference.

F. KAABOO Ticketing Terms

You should review our Ticketing Terms, which are incorporated herein by reference, before you purchase any tickets to KAABOO Del Mar Experience, which is incorporated herein by reference.

Events such as festivals or concerts occasionally are cancelled or postponed by the promoter, team, bands or venue. In the event of any such cancellation of the KAABOO Del Mar Experience, KAABOO will not be liable for travel or any other expenses that the customer or anyone else incurs.

In the event the KAABOO Del Mar Experience is cancelled or rescheduled for any reason KAABOO is not required to issue a refund and in no event will KAABOO be liable or responsible for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues, business opportunities, even if KAABOO has been advised of the possibility of such damages.

G. Indemnification.

You agree to defend, indemnify and hold harmless KAABOO, its affiliates, licensors, employees, agents, third party information providers and independent contractors (collectively, “KAABOO and its Affiliated Parties”) against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Services, your breach or alleged breach of these Terms or of any representation or warranty contained herein, or your unauthorized use of the Content.

H. Disclaimer.

You understand and agree that your use of the Services is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Services.
The Services and the Content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, expressed, implied or statutory. KAABOO AND ITS AFFILIATED PARTIES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, (IV) THE QUALITY OF THE INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS ON THE SERVICES WILL BE CORRECTED, AND (VI) THE SERVICES OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you.

I. Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT, IN NO EVENT SHALL KAABOO AND ITS AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE CONTENT CONTAINED ON OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SERVICES.

YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS KAABOO AND ITS AFFILIATED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY INCLUDING ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY OF THE SERVICES.

J. Applicable Law and Venue.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, these Terms, or in connection with any matters related to these Services and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New Castle County, Delaware. You agree to submit to the personal jurisdiction of the courts of the State of Delaware for any cause of action arising out of this Terms. You agree to file any cause of action with respect to these Terms within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

K. Miscellaneous Provisions.

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between KAABOO and each user of the Services with respect to the subject matter of these Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms.

Any waiver of any provision of the Terms will be effective only if in writing and signed by KAABOO. If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

L. Changes to Terms.

The “Last Updated Date” at the top of this Agreement will indicate when the latest modifications to these Terms were made. KAABOO reserves the right to change any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time and in its sole discretion. When we make changes, we will revise the “Last Updated” date at the top of the Terms. Any changes will be effective immediately upon posting on the Services. To the fullest extent permitted under applicable law, your continued use of any of this Services constitutes your agreement to any modified Terms, and we encourage you to visit the Terms to review the current Terms from time to time. Your continued use of the Services following the posting of changes will constitute your acceptance of such changes. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Services in the future shall be considered part of the Services and subject to these Terms.

M. Contact Us

If you have any questions or concerns regarding the Terms or this Use, please contact us at marketing@kaaboodelmar.com or 303-957-2015.