Acceptance of Terms through Use
As of April 18, 2022
Collingwood Summer Music Festival and its subsidiary and affiliate companies (individually and collectively, “CSMF,” “our”, “us” or “we”) owns and maintains the collingwoodfestival.com website and mobile applications (individually and collectively, the “Website”) Except where otherwise stated, the Terms apply to each Website and its various subdomains.
Collingwood Summer Music Festival reserves the right to modify these Terms at any time, with immediate effect, by posting on the Website revised Terms. Please check the Website periodically to review the Terms to learn of such updates. In addition, your use of the Website or Collingwood Summer Music Festival Social Media Accounts may also be subject to additional or different terms or conditions imposed by third parties in connection with other websites, products or services that you may access therein.
Description of Website
The Website offers information about Collingwood Summer Music Festival and the events it produces or is affiliated with. Collingwood Summer Music Festival reserves the right, in its sole discretion, and for any reason, to modify, restrict, suspend, cancel, or discontinue any aspect of the Website, including, but not limited to, the services, content, features or availability, without notice or penalty.
Security and Safety Guidelines
Collingwood Summer Music Festival uses current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse. However, despite our efforts, no website can be 100% secure. To help reduce the risk of unauthorized access or disclosure of information, users of the Website should understand generally the risks involved in using the Internet and take precautions when using it (e.g., refrain from sharing account passwords).
Third Party Websites
The Website may also contain links to other websites that are not under the control of Collingwood Summer Music Festival. It is your responsibility to review, understand and comply with the appropriate privacy policies and terms of service of such linked websites. Collingwood Summer Music Festival has not reviewed, and cannot review, all of the material made available through the websites and webpages to which we link, or websites that link to us. By linking to a non-Collingwood Summer Music Festival website or webpage, Collingwood Summer Music Festival does not guarantee the accuracy, completeness, or usefulness of any content provided therein, nor does Collingwood Summer Music Festival represent or imply that it endorses such website or webpage or any additional links. You are responsible for taking necessary precautions to protect yourself (and in the case of parent or legal guardian, your child) from harmful or destructive content or computer viruses. Collingwood Summer Music Festival disclaims any responsibility for any harm resulting from your or your child’s use of any such third party website.
Ownership and Restrictions on Use of Content
Unless otherwise noted, the Website, all materials on the Website, and on Collingwood Summer Music Festival Social Media Accounts, including but not limited to, text, images, illustrations, designs, photographs, songs, video clips and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Content”), are exclusively owned or controlled by or licensed to Collingwood Summer Music Festival and/or its affiliate or subsidiary companies and are therefore protected by copyright, trademark and/or patent laws, trade secrets or other proprietary rights under Canadian law and international laws and conventions. The Website and the Content are intended solely for your personal, informational, and non-commercial use. No right, title or interest in the Content is transferred to you and you may not reproduce (except to make a copy for personal, non-commercial use), publish, transmit, distribute, modify, create derivative works from, sell, license or exploit in any way any of the Content without the prior written consent of Collingwood Summer Music Festival and/or its licensors or the respective owners. Any commercial use of the Website is strictly prohibited. Without limiting any other rights or remedies Collingwood Summer Music Festival may be entitled to, Collingwood Summer Music Festival may terminate your access to and use of the Website, the Collingwood Summer Music Festival Social Media Accounts, or related services if you are determined to be an infringer of the rights as provided herein.
Collingwood Summer Music Festival enjoys hearing from its fans and welcomes your commentary regarding its events. Collingwood Summer Music Festival’ company policy, however, prohibits us from accepting unsolicited creative ideas or materials. While Collingwood Summer Music Festival does value your feedback on the Website, on Collingwood Summer Music Festival Social Media Accounts, products and services, we request that you do not submit any creative suggestions, ideas, songs, concepts or other similar creative content (collectively, the “UGC”) when submitting comments to us, with the exception of Interactive Content, as defined below. If despite the foregoing request, you send us UGC then by such action you have waived any and all proprietary rights which you may have in such UGC, unless otherwise agreed by Collingwood Summer Music Festival.
In order to make the Website and the Collingwood Summer Music Festival Social Media Accounts more interactive and enjoyable for our fans, Collingwood Summer Music Festival may occasionally ask users to submit videos, photographs and/or written text (“Interactive Content”) as part of a contest, for placement on the Website, on the Collingwood Summer Music Festival Social Media Accounts or to share with other users and the general public. If you submit Interactive Content to us on the Website or on the Collingwood Summer Music Festival Social Media Accounts, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit, including but not limited to, the right to edit, display, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms. You also represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Website or on the Collingwood Summer Music Festival Social Media Accounts, and otherwise have the right to grant the license set forth herein, and that our use of your Interactive Content does not and will not violate the privacy rights, personality rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person.
The contributions of third parties do not necessarily represent the view or opinions of Collingwood Summer Music Festival. We cannot preview Interactive Content before it is published. However, if you believe certain Interactive Content violates these Terms, please notify us at firstname.lastname@example.org. We will investigate your claim and may then take the actions we deem appropriate.
Unless otherwise specified, the materials on the Website are presented solely for the promotion of events and other products and services available in Canada. We control and operate the Website from our offices within the Province of Ontario. We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing your use of the Website, the Collingwood Summer Music Festival Social Media Accounts and/or its other products or services. Subject to applicable laws, Collingwood Summer Music Festival reserves the right, in our sole discretion, to terminate the Website and/or Collingwood Summer Music Festival Social Media Accounts (in whole or in part), with or without notice to you, and with immediate effect, for any reason whatsoever, including but not limited to, your failure to comply with any term or provision of these Terms, any unauthorized or illegal activity in connection with your use of the Website and/or Collingwood Summer Music Festival Social Media Accounts, including but not limited to advertising or solicitation of unauthorized merchandise or ticket sales, unauthorized framing of or linking to the Website, attempting to gain access to secured portions of the Website to which you do not possess access rights, or posting or transmitting material which violates any laws or infringes in any way upon the rights of others, including without limitation copyright, trademark or other proprietary rights without the express permission of the owner, or engaging in inappropriate or abusive conduct that in Collingwood Summer Music Festival’ sole discretion restricts or inhibits any other user from using or enjoying the Website.
Provisions relating to disclaimers, representation and warranties, limitation of liabilities and indemnification shall survive termination for any reason.
Disclaimers of Warranties
Limitation of Liability
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES IN LAW OR AT EQUITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE, THE Collingwood Summer Music Festival SOCIAL MEDIA ACCOUNTS AND/OR PRODUCTS OR SERVICES OFFERED BY Collingwood Summer Music Festival, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, HOWEVER SUCH DAMAGES OR LOSSES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. In no event shall the Released Parties’ total liability to you for any damages, losses, and causes of action, whether in contract, tort (including without limitation negligence) or otherwise exceed the amount paid by you (if any) for accessing and using the Website or Collingwood Summer Music Festival Social Media Accounts or Collingwood Summer Music Festival’ products or services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitations or exclusions may not apply to you.
Representations and Warranties
You agree to defend, indemnify and hold the Released Parties harmless from any and all liabilities, losses, claims, damages, costs and expenses, including reasonable legal fees, arising from or related to your use of the Website or the Collingwood Summer Music Festival Social Media Accounts and/or your breach of any representation, warranty, or other provision of the Terms. Collingwood Summer Music Festival reserves the right, at its option and own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Collingwood Summer Music Festival and its representatives in asserting any available defence.
If any provision of these Terms is determined to be invalid or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Any failure by Collingwood Summer Music Festival to enforce or exercise any right or term under these Terms will not operate as a waiver of such right or provision.
Governing Law and Arbitration
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. By choosing to access the Website from any location other than the Province of Ontario, you accept full responsibility for compliance with all applicable local and federal laws. Any dispute or claim between you and us relating to or arising out of the Website, the Collingwood Summer Music Festival Social Media Accounts or these Terms (except for any disputes that qualify for Small Claims Court of Ontario) will be referred to and determined exclusively through binding confidential arbitration conducted in Toronto, Ontario, Canada. The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable Ontario arbitration statute. The arbitration will not be open to the public or media and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award.
TERMS AND CONDITIONS FOR TICKET HOLDERS
Please also review our purchase policy https://collingwoodfestival.com/purchase-policy/ regarding ticket sales.
BY PURCHASING TICKET, TICKET HOLDER, (“HOLDER”) AGREES TO THE FOLLOWING TERMS:
RELEASE OF LIABILITY.THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGERS (1) THAT THE EVENT CROWD OR INDIVIDUAL ATTENDEES MAY BE INADEQUATELY MONITORED, MANAGED, OR CONTROLLED BY EVENT SECURITY, AND AS A RESULT MAY CAUSE PERSONAL HARM OR PROPERTY DAMAGE TO THE HOLDER, AND (2) THAT THE HOLDER MAY BE EXPOSED TO DRUGS, ALCOHOL, FIGHTING, OR OTHER REASONABLY FORESEEABLE DANGEROUS CONDITIONS OR ACTIVITIES PRIOR TO, DURING, OR SUBSEQUENT TO THE EVENT. THE HOLDER EXPRESSLY RELEASES THE EVENT FACILITY, FIRST PRESBYTERIAN CHURCH COLLINGWOOD, DUNTROON HIGHLANDS GOLF CLUB, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS. NO REFUNDS OR EXCHANGE. EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH THIS TICKET IS ISSUED IS RESCHEDULED OR CANCELLED, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND, EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT.
This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange or refund except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Management reserves all rights not expressly granted to the Holder by these terms.
RESERVATION OF MANAGEMENT’S RIGHTS. Subject to applicable laws, Management reserves the right to refuse admission to or eject any person whose conduct is unlawful or whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be inappropriate, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the holder. Subject to applicable laws, the exercise of management’s ejection rights hereunder does not entitle the holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at management’s discretion. Unlawful resale or attempted resale or utilizing automated means to process or place orders exceeding the stated limit are grounds for seizure and cancellation of the ticket, without compensation, at management’s discretion. In addition, Collingwood Summer Music Festival and/or Management may investigate and take appropriate legal action against anyone who violates this provision and barring such violators from use of the Website, Collingwood Summer Music Festival Social Media Accounts or events, as applicable.
TRANSMISSION OR REPRODUCTION PROHIBITED. The Holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued, unless otherwise specifically authorized by Collingwood Summer Music Festival or its licensees to do so (e.g., as part of a contest).
USE OF LIKENESS: When the Holder attends an event, Holder may be entering into an area where photography, audio and/or video recordings occur. By entering this area, the Holder consents to such photography and recording and grants permission to the facility and to Collingwood Summer Music Festival, and its respective designees and agents to utilize the Holder’s image and likeness in connection with any broadcast, photographic display or other transmission, exhibition, publication or reproduction made of, or at the Event in any medium or context for any purpose, including commercial or promotional purposes, throughout the world, in perpetuity, without further authorization or compensation.
COMPLIANCE WITH FACILITY RULES. The Holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, weapons, dangerous objects and bundles and containers of any kind from being brought into the event premises. The Holder, the Holder’s belongings and the Holder’s vehicle may be searched upon entry to the premises and the Holder consents to such searches and waives any related claims that might arise against Collingwood Summer Music Festival, Management and its affiliates. Any refusal of consent following any such search request by Management will result in an automatic refusal of admission to or ejection from, the premises. TICKET PRICE. Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available).
TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
If you violate these Terms, without limiting any other rights or remedies Collingwood Summer Music Festival or Management may be entitled to at law, Collingwood Summer Music Festival and/or Management may refuse admission to the event or facility, bar you from future events, cancel your order, as applicable, and/or take appropriate legal action against you.
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