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Fyre Holdings, Inc. (“FYRE,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at www.fyre.mx (the “Site,” and together with any related FYRE technologies, updated or new features, functionality and technology, collectively, the “Service”). All access to and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service (including any Ticket (as defined below)), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS AN INDIVIDUAL, PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FYRE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy: At FYRE, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.fyre.mx/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Please contact us at privacy@fyrefestival2.com to report any violations of these Terms of Service or for any questions regarding these Terms of Service or the Service that you might have.
Service Description: The Service is designed to provide information about us, our events and promotions, our partners and sponsors. The Service will also provide you with information on where to (and links via which you can) purchase tickets for events or packages (e.g., hotel, campsites, parking, hospitality, and other items) (collectively, “Tickets”). Please note that, while your use of any Ticket to access an event or participate in any package deal is governed by these Terms of Service, the purchase of all Tickets will be governed by the terms and conditions of the applicable third-party ticketing site and services (“Third-Party Ticketing Services”) where you purchase your Ticket.
Your access to and use of services, sites, technology, features, resources and all other information and content provided or otherwise made available by or on behalf of third parties, including Third-Party Ticketing Services (“Third-Party Services”)—including those accessed via the Service and/or links provided on or by the Service—is not governed by these Terms of Service. Your access to and use of Third-Party Services (including via the Service) is subject to the terms and conditions, privacy policies, or other agreements with the applicable third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Neither FYRE nor any of its current or future affiliates (“FYRE Affiliates” and collectively with FYRE, the “FYRE Parties”) has any control over, and are not responsible for, any Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not any FYRE Party, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third party. No FYRE Party will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Your Registration Obligations: You may be required to register with FYRE or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by FYRE to confirm such express consent.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify FYRE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. No FYRE Party will be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: FYRE reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that no FYRE Party will be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that FYRE may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on FYRE’s or its third-party service providers’ servers on your behalf. You agree that FYRE has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that FYRE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that FYRE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to FYRE, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by FYRE. FYRE reserves the right to investigate and take appropriate legal action against anyone who, in FYRE’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
If you are blocked by FYRE from accessing the Service (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 or virtual private network).
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.
A Ticket that is validly purchased constitutes a revocable license for an event to be held at a date and time (unless rescheduled) listed on or in connection with such Ticket and may be revoked at any time for any reason. In order to be admitted to an event, you must present a valid Ticket for such event in its original, undamaged, unaltered form to the applicable venue at the designated time. Entry into the applicable event is strictly limited to people who are over such age as designated by FYRE for such event. FYRE reserves the right, without the refund of any portion of the Ticket purchase price, to refuse admission or to eject any person (i) whose conduct is deemed by FYRE in its sole discretion to be disorderly, (ii) who uses vulgar or abusive language, or (iii) who fails to comply with the rules or policies of the event. Event rules and policies may be made available on the Site. Unauthorized resale or attempted resale of Tickets is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void. You acknowledge that the event to which your Ticket is issued may be broadcast or otherwise publicized and you hereby consent to the use of your photograph, image, voice, likeness, actions and statements in connection with any live or recorded audio, video, digital, photograph or other transmission or publication of such event, and in promotion therefor, in any and all media, throughout the universe, in perpetuity, without remuneration by any FYRE Party or by any of their partners. You may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises. Your Ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event for which it is issued. Your Ticket is not transferable or redeemable for cash. It is unlawful to reproduce Tickets in any form. EXCESSIVE EXPOSURE TO LOUD MUSIC WILL DAMAGE YOUR HEARING. NEITHER FYRE NOR ANY FYRE AFFILIATE WILL BE HELD LIABLE FOR ANY AMENITIES PROMISED. THE USE OF ANY TICKET FOR ADVERTISING, PROMOTIONS, CONTESTS, SWEEPSTAKES, GIVEAWAYS, ETC. WITHOUT THE EXPRESS WRITTEN CONSENT OF FYRE IS EXPRESSLY PROHIBITED.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS AND DANGER INCIDENTAL TO ALL TICKETS, EVENTS AND OTHER ACTIVITIES RELATED TO FYRE, WHETHER OCCURRING PRIOR TO, DURING, OR AFTER ANY OF THE FOREGOING, AND YOU VOLUNTARILY AGREE THAT THE MANAGEMENT, VENUE/FACILITY, ARTIST(S) PERFORMING, PARTICIPANTS, PARTICIPATING CLUBS, THE FYRE PARTIES AND ALL OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SERVICE PROVIDERS, PARTNERS, AGENTS AND REPRESENTATIVES ARE EACH EXPRESSLY RELEASED FROM ANY CLAIMS ARISING FROM SUCH CAUSES.
Refunds and Exchanges: All Ticket sales are final. NO REFUNDS OR EXCHANGES.
Event Cancellation/Changes: We may cancel any event at any time in our sole discretion. Further, event date, time, location and talent are subject to change, and any such change will not be considered a cancellation of the event. No refunds will be given for event date, time, location, or lineup changes or cancellations by artists. You bear all risks of inclement weather in connection with the event to which your Ticket is issued. Events may take place despite inclement weather conditions. In the event of cancellation due to a natural disaster, Tickets will not be refunded, and all costs associated with this cancellation, such as travel expense to the site, will not be compensated. If an event is cancelled or rescheduled for any other reason, we may, at our sole discretion, offer to refund the base Ticket price of the cancelled event. In addition to any rights granted pursuant to the applicable Third-Party Ticketing Service terms and conditions, you understand that our Third-Party Ticketing Services are entitled to retain all fees collected for the services that they perform in taking orders and delivering Tickets, including shipping, handling and service charges, regardless of whether an event is rescheduled or canceled.
Ticket Fees: Tickets are available for purchase through certain authorized Third-Party Ticketing Services. Third-Party Ticketing Services may offer you the option to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Third-Party Ticketing Service or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified in the payment plan in accordance with the terms of such plan. If your payment plan includes an installment plan that is billed periodically, you hereby authorize the Third-Party Ticketing Service (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until all installment fees have been paid. If you dispute any charges you must let the applicable Third-Party Ticketing Service and FYRE know within sixty (60) days after the date of the charge, or within such longer period of time as may be required under applicable law. Ticket prices are variable and subject to change. Tickets may occasionally be offered at a discount after the original on-sale date, and no refund will be issued for any difference between the original price and the sale price. You will be responsible for all taxes associated with the purchase of Tickets, other than taxes based on FYRE’s net income.
Payment Processing: Notwithstanding any amounts owed for any Ticket, NO FYRE PARTY OR THIRD-PARTY TICKETING SERVICE PROCESSES PAYMENT FOR ANY TICKETS OR SERVICES. To facilitate payments via bank account, credit card, or debit card, the applicable Third-Party Service uses third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service and/or by purchasing a Ticket, you also agree to be bound by the applicable Payment Processor Agreement for the payment function you are using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment. Please contact the applicable Payment Processor for more information. No FYRE Party assumes any liability or responsibility for any payments you make in connection with the Service or any Third-Party Service.
Recording Policy: Except as may otherwise be expressly permitted in writing, recording or transmitting any picture, video, or other reproduction of any event is unauthorized, except for limited non-commercial purposes on your personal social media channels, provided that you are solely responsible for obtaining (and are required to obtain) any and all permissions required prior to posting, including but not limited to music clearances.
Mobile Services: The Service may include certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of FYRE, FYRE Affiliates, and their licensors (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 FYRE.
Special Notice for International Use; Export Controls: FYRE is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Service is at your sole risk.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which will be made available in the software itself, related documentation, or other reasonable means.
Telephonic Communications Services: As part of using the Service, including when you use a Third-Party Service, you may participate in one or more texting programs administered by or on behalf of a FYRE Party. By participating in such programs and providing us or the applicable Third-Party Service with your telephone number(s), you are consenting to be contacted by the FYRE Parties or their partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of any FYRE Party or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from a FYRE Party or their partners for marketing or solicitation purposes to purchase FYRE’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify FYRE or FYRE Affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your FYRE account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
We reserve the right to alter message frequency at any time, i.e., we may change the frequency of texts that you receive under any program. You will be notified if we change the frequency and provide you with the opportunity to opt out. We also may discontinue any of our text messaging programs without notice or liability to you and reserve the right to cease delivery of text messages to any person at any time in our sole discretion.
Our text messaging programs are offered on an “as is” basis and may not be available via all carriers. We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for any losses or damages arising from (a) our text messaging programs, (b) non-delivery, delayed delivery, or misdirected delivery of a text message; (c) inaccurate or incomplete content in a text message; or (d) use or reliance on the content of any text message for any purpose. The wireless carriers are not liable for any delayed or undelivered text messages.
All information collected in connection with our text messaging programs is governed by the Privacy Policy.
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by FYRE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The FYRE name and logos are trademarks and service marks of FYRE (collectively the “FYRE Trademarks”). Other FYRE, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FYRE. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FYRE Trademarks displayed on the Service, without our prior written permission in each instance, except as expressly set forth herein. All goodwill generated from the use of FYRE Trademarks will inure to our exclusive benefit.
Links to the Digital Services: You are hereby licensed to create hyperlinks to content on the Services, provided that the hyperlink accurately describes the content to which it links. If you include links to the Service on your website, when the link is clicked, the applicable page within our Service must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by FYRE. Under no circumstances may you “frame” all or any portion of the Service or copy portions of the Service to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
Third-Party Material: Under no circumstances will FYRE or any FYRE Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that FYRE does not pre-screen content, but that FYRE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, FYRE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by FYRE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant FYRE and FYRE Affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service, (b) to provide, develop and improve the Service and other offerings of FYRE and/or FYRE Affiliates and/or their partners, (c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our Privacy Policy. This license includes the right for FYRE and FYRE Affiliates to make your User Content available for syndication, broadcast, distribution or publication by other companies, organizations or individuals that partner with FYRE or a FYRE Affiliate. You also agree that FYRE may remove metadata associated with your User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
You hereby authorize FYRE and FYRE Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). FYRE and FYRE Affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to FYRE or any FYRE Affiliate are non-confidential and FYRE and FYRE Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that FYRE may preserve User Content and may also disclose 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 content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FYRE, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless FYRE and FYRE Affiliates, and its and their respective officers, employees, directors, service providers, licensors, partners, and agents (collectively, the “FYRE Indemnified Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your use of any Third-Party Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. FYRE will provide notice to you of any such claim, suit, or proceeding. FYRE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting FYRE’s defense of such matter. You may not settle or compromise any claim against the FYRE Indemnified Parties without FYRE’s written consent.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH FYRE PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO FYRE PARTY MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, TICKETS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR ANY THIRD-PARTY SERVICE WILL MEET YOUR EXPECTATIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BY ENTERING ANY VENUE AND/OR EVENT, YOU (A) ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND ANY OTHER TRANSMISSIBLE DISEASE AND VOLUNTARILY ASSUME THE RISK THAT YOU MAY BE EXPOSED TO OR INFECTED BY COVID-19 OR ANY OTHER TRANSMISSIBLE DISEASE AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH, (B) VOLUNTARILY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY, ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSES, OF ANY KIND, THAT YOU MAY EXPERIENCE OR INCUR, AND (C) HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS THE MANAGEMENT, VENUE/FACILITY, ARTIST(S) PERFORMING, PARTICIPANTS, PARTICIPATING CLUBS, EACH FYRE PARTY, AND ALL OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, PARTNERS AND REPRESENTATIVES FROM CLAIMS OF ANY KIND ARISING OUT OF OR RELATING THERETO.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FYRE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FYRE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY THIRD-PARTY SERVICE; (B) 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 SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE FYRE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FYRE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
FOR USERS ENTERING INTO THESE TERMS OF SERVICE AS INDIVIDUALS:
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and FYRE, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and FYRE are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND FYRE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FYRE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
FYRE is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at privacy@fyrefestival2.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to FYRE should be sent to privacy@fyrefestival2.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If FYRE and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or FYRE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FYRE or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FYRE is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless FYRE and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, FYRE agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either FYRE or you under the AAA Rules, FYRE and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, FYRE will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, FYRE will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
Notwithstanding any provision in these Terms of Service to the contrary, FYRE agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending FYRE written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
FOR USERS ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF AN ENTITY:
You and FYRE intend that these Terms of Service are to be construed and enforced in accordance with the laws of the State of Florida without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms of Service. Any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in Miami-Dade County, Florida before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and FYRE shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.
You agree that FYRE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if FYRE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. FYRE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that FYRE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FYRE and FYRE Affiliates will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and FYRE and FYRE Affiliates will have no liability or responsibility with respect thereto. FYRE reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and FYRE governing your access and use of the Service, and supersede any prior agreements between you and FYRE with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and FYRE submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida. The failure of FYRE to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of FYRE, but FYRE may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. FYRE will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond FYRE’s reasonable control.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at FYRE Holdings, Inc., privacy@fyrefestival2.com.
The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
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