TERMS AND CONDITIONS | MOBAY FUNFEST

The following are the terms and conditions for use of Web Sites and web pages operated by MoBay FunFest, LLC and its affiliates (collectively, “MOBAY FUNFEST”) in support of the MOBAY FUNFEST Music and Wellness Festival (collectively, the “MOBAY FUNFEST Web Sites”). This User Agreement applies to the MOBAY FUNFEST Web Sites and does not apply to the content of third-parties.

The MOBAY FUNFEST Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MOBAY FUNFEST Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MOBAY FUNFEST Web Site may also be subject to additional terms, codes of conduct, or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that MOBAY FUNFEST Web Site (the “Additional Terms”).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MOBAY FUNFEST Web Site, then these terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please see the Privacy Statement for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

MOBAY FUNFEST reserves the right to change the terms, conditions, and notices under which the MOBAY FUNFEST Web Sites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the MOBAY FUNFEST Web Sites constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the MOBAY FUNFEST Web Sites are for your personal and non-commercial use. The content available and any services made available through theMOBAY FUNFEST Web Sites is the property of MOBAY FUNFEST or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the MOBAY FUNFEST Web Sites. You acknowledge that MOBAY FUNFEST retains exclusive ownership (or is the licensee) of the MOBAY FUNFEST Web Sites, all content, materials, and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks, or trade secrets with respect to the MOBAY FUNFEST Web Sites or their contents, andMOBAY FUNFEST reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of MOBAY FUNFEST, you may not “meta-search” the MOBAY FUNFEST Web Sites, send, or cause to be sent, any automated queries of any sort to the MOBAY FUNFEST Web Sites, or use the MOBAY FUNFEST Web Sites in any commercial manner. “Automated queries” shall include, but not be limited to: using any software that sends queries to any MOBAY FUNFEST Web Sites to determine how a web site “ranks” on any MOBAY FUNFEST Web Sites.

LINKS TO THIRD-PARTY SITES

The MOBAY FUNFEST Web Sites may contain links to third-party Web Sites (“Linked Sites”) including, but not limited to: links to relevant portions of Third-Party Social media sites. The Linked Sites are not under the control of MOBAY FUNFEST, and MOBAY FUNFEST is not responsible for the contents of any Linked Site, including without limitation: any link contained in a Linked Site, or any changes or updates to a Linked Site. MOBAY FUNFEST is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is MOBAY FUNFEST responsible if the Linked Site is not working appropriately. MOBAY FUNFEST is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MOBAY FUNFEST of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites.

Any dealings with third-parties (including advertisers) included within the MOBAY FUNFEST Web Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third-party.MOBAY FUNFEST shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MOBAY FUNFEST Web Sites, you will not use the MOBAY FUNFEST Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third-party. You may not use the MOBAY FUNFEST Web Sites in any manner that could damage, disable, overburden, or impair any MOBAY FUNFEST Web Sites (or the network(s) connected to any MOBAY FUNFEST Web Site) or interfere with any other party’s use and enjoyment of any MOBAY FUNFEST Web Site. You may not attempt to gain unauthorized access to any MOBAY FUNFEST Web Sites, other accounts, computer systems, or networks connected to any MOBAY FUNFEST Web Sites, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MOBAY FUNFEST Web Sites.

COMMUNITY FEATURES

MOBAY FUNFEST may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material (collectively, the “Submitted Content”) in connection with various features of the MOBAY FUNFEST Web Sites including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features, and chat features (collectively, the “Community Features”). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. MOBAY FUNFEST may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material via Third-Party Social networking websites and products (“Third-Party Social Networking Features”). Any use of Third-Party Social Networking Features is subject to the then current terms of use of the applicable third-party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. In consideration of your use of the MOBAY FUNFEST Web Sites, you agree (i) to provide accurate, current, and complete information about yourself as may be prompted by any registration forms (“Registration Data”); (ii) to maintain the security of your password and identification provided, if any; (iii) to maintain and promptly update Registration Data and any other information you provide to MOBAY FUNFEST, and to keep it accurate, current, and complete; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account, and for any actions that take place using your account.

MOBAY FUNFEST and its third-party providers (“Vendors”) do not monitor, endorse, edit, or screen your Submitted Content, although MOBAY FUNFEST and its Vendors reserve the right to do so, and neither MOBAY FUNFEST nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential, and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and MOBAY FUNFEST or between you and MOBAY FUNFEST’s Vendors other than as expressly set forth in this Agreement. You acknowledge that MOBAY FUNFEST is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to MOBAY FUNFEST under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If MOBAY FUNFEST determines, in MOBAY FUNFEST’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, MOBAY FUNFEST reserves the right to: (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the MOBAY FUNFEST Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational, or other means available to MOBAY FUNFEST to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the MOBAY FUNFEST Web Sites and any of the Community Features.

You are solely responsible for your interactions with other users of the MOBAY FUNFEST Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.

By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to MOBAY FUNFEST a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell, and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media, or technology known or hereafter developed.