WRISTBAND TERMS OF USE

These wristband terms of use apply to the Upstream Music Fest and Summit (the “Event”).

All Event wristbands, vehicle passes and any other passes or ID tags (collectively, “Wristbands”) are subject to the following terms of use (hereinafter the “Terms”). By accepting possession or by using any Wristbands, User is legally bound to comply with these Terms and the Code of Conduct, and the original Authorized Purchaser and any Authorized Recipient agrees to inform all of their respective guests of these Terms with due diligence.

The Event producer reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check back periodically for changes.

WRISTBANDS EVIDENCE A REVOCABLE LICENSE TO ENTER THE EVENT AND THE EVENT PROPERTY. VIOLATION OF THESE TERMS OF USE MAY RESULT IN REVOCATION OF THE LICENSE AND YOUR RIGHT TO ENTER OR ATTEND THE EVENT WITHOUT PRIOR NOTICE AND WITHOUT A REFUND.

Unauthorized transfers prohibited

All publicly sold Wristbands are for use by the original authorized purchaser and their identified guests only (each an “Authorized Purchaser”), and are not transferable by the Authorized Purchaser, any of their invited guests, or any other person. Likewise, all Wristbands provided to performing artists, production personnel, vendors, sponsors, and other guests of the Event producer (each an “Authorized Recipient”), are for use by the Authorized Recipient and his or her invited guest(s) only, and are not transferable by the Authorized Recipient, his or her invited guest(s), or any other person. Authorized Purchasers and Authorized Recipients are referred to individually as a “User”.

Wristbands or any authorization to obtain a Wristband may not be sold, transferred, given, shared, exchanged, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable giveaways, or other activities absent the Event producer’s prior written consent. No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance. Any wristbands used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.

Resale or attempted resale of Wristbands is grounds for termination of the license and cancellation of the Wristband without any right to a refund. Wristbands obtained from unauthorized sources may be counterfeit and are worthless.

Wristbands include RFID tags

The Wristband issued to User will include radio frequency identification (“RFID”) technology. This is technology that collects and stores data through the RFID tags (the “RFID Data”) about the location of the RFID technology, in this case the Wristband. The Event producer uses RFID tags in the Wristbands to authenticate authorized Users, to prevent counterfeit Wristbands, to manage traffic and attendance at the Event, to enable Users to post Event information and photographs to their social media accounts. The Event producer uses RFID Data to identify what attendees at the Event enjoy most. All RFID Data collected, stored, and used through the RFID tags will be subject to our Privacy Policy. . Event producer does not collect any data through RFID tags except on the Event grounds during Event hours.

Authorization of User’s image and likeness

User understands and acknowledges that Event producer (and its designees) organizes events like the Event and that as part of this production, Event producer (and its designees) records, archives, promotes, and publicizes this Event and that it is a condition of entry for the Event that User grant Event producer the following rights. User grants Event producer (and its designees) the right to record your name, image, likeness, biographical information, voice and performance, including, without limitation, through content, interview(s), audio and/or video recording(s), photographs, promotional material, creative direction, illustration(s), artwork, multimedia content, written copy and/or any other materials (collectively, “Content”). User grants to Event producer (and its designees) and their affiliated companies, agents, licensees, successors and assigns an irrevocable, permanent, unrestricted, nonexclusive, royalty-free right and license throughout the world and in perpetuity to (a) broadcast, display, stream, perform, photograph, publish, record, edit, reproduce, transmit, create derivative works from and otherwise use or reuse in any medium now known or hereafter developed the Content, either as a stand-alone work or in combination with any other work, for any and all purposes, including for advertising, promotional and publicity purposes; and (b) use User’s name, image, biographical information, and any other identifying characteristics (“Publicity Rights”) in connection with the use of the Content either as a stand-alone work or in combination with any other work, for any and all purposes, including for advertising, promotional and publicity purposes. User waives any right to review or approve Event producer’s use of the Content or User’s Publicity Rights. User understands that the Content may be edited in Event producer’s sole discretion and User waives any right to inspect and/or approve the Content or any derivative works, or any advertising copy or printed matter that may be used in conjunction with the Content, including without limitation any blurring, distortion, alteration, optical illusion, or use in composite form. User also understands that Event producer is not obligated to promote or use the Content in any form or to include User’s participation or appearance in any Event producer content.

Ownership and use of Event’s Intellectual Property

The Event producer owns the trademarks, imagery, name, likeness, and trade dress of the Event (collectively, the “Event Intellectual Property”) and generally does not permit the use of the Event Intellectual Property by third parties. User agrees not to make use of the Event Intellectual Property except to the extent such use is a fair use or with prior written permission from the Event Producer.

No audio or video recordings

The Event producer retains all webcast/Internet rights to the Event. Any live content, whether for Internet or otherwise, from the Event must be specifically agreed to in advance with the Event producer. No one may transmit, broadcast, or communicate any live audio or visual image from the Event site without the Event producer’s prior written permission. This prohibition includes use of any service which broadcasts to the Internet (e.g., CoverItLive, Meerkat, Periscope, Qik, UStream, etc.). Even if you are a performer or sponsor, recording broadcasting, or communicating any live audio or visual image (whether for archival, documentary, or other use) is expressly prohibited, without the prior written permission of the Event producer.

Audio and/or video recordings and related equipment

Without the express prior written permission of the Event producer, User may not bring any audio or video recording devices (except for personal cell phones) into the Event.

Photography / photographic equipment

User may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain still photographs (collectively “Event Photographs”). By way of example, personal, non-commercial, photography devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens).

Without the express prior written permission of the Event producer, User may not bring any of the following devices into the Event: Any photography device which is designed for, or suitable for, any commercial purpose, selfie sticks, tripods, monopods, boom arms, any device which could be used to mount or hold a photography device or could be used to extend User’s reach. Event producer reserves the right, in its sole discretion, to prohibit any device it believes may be used in violation of these Terms, which it believes poses a safety risk, or which it believes may lessen the enjoyment of the Event by others.

USER MAY NOT MAKE ANY COMMERCIAL USE OF ANY EVENT PHOTOGRAPHS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE EVENT PRODUCER. By way of example, commercial use may include, but is not limited to, posting Event Photographs on a website that sells a product, or displays any ads or sponsored links; using or causing Event Photographs to appear in any publication, magazine, serial, or book; using Event Photographs to sell, sponsor, or endorse a product; or using Event Photographs on any website that is or appears to be affiliated or associated with, or sponsored by the Event or the Event producer. Event producer reserves the right to prohibit any use of Event Photographs which it believes is in violation of the Terms. Event producer in its sole discretion may determine what constitutes a commercial use not permitted by the Terms.

User may use Event Photographs for User’s own direct, noncommercial, use. Examples of direct, noncommercial use include, but are not limited to, posting Event Photographs on User’s own personal social media account (e.g., Facebook or Twitter) or personal website or personal photo sharing site (e.g., Flikr or Photobucket) unless the account, personal website or personal photo sharing site is affiliated or associated with a commercial use; sharing Event Photographs with User’s personal friends or family (whether in electronic or physical media). Direct, noncommercial, use never involves posting of Event Photographs on any website or server, or in any other media whether electronic or physical, which sells any product or service, or features or contains any advertisements or sponsored links, or which purports or appears in any way, to be an official or affiliated website of the Event or the Event producer. Without the express prior written permission of the Event producer, User may not sell, transfer, license, sublicense, give or otherwise transfer any Event Photographs or ownership therein.

Without the express prior written permission of the Event producer, Event Photographs that contains any nudity or partial nudity may not be used for any purpose.

Assignment of Copyrights

Unless otherwise expressly agreed to in writing by the Event producer, User assigns to Event producer the a license to utilize User’s Event Photographs and to any audio or video recordings taken at the event by User. Event producer may execute any assignment documents on User’s behalf as necessary to perfect Event Producer’s ownership, and User appoints Event producer as User’s attorney-in-fact to execute any such documents for User. User further acknowledges, agrees to, and consents to Event producer registering the copyright with one or more copyright authorities, including but not limited to the United States Copyright Office, and listing the User’s contribution as anonymous.

Event producer, as the copyright owner, has the right, but not the obligation, and at its sole discretion, to enforce its copyright rights in any Event Photographs or audio or video recordings taken at the event not permitted by the Terms.

Event producer assigns to User the non-exclusive right to use User’s Event Photographs for User’s own direct, noncommercial, use as permitted in the Terms. All other rights not assigned by Event producer to User are retained by Event producer. Any violation of the Terms shall be grounds for Event producer to cancel the assignment to User.

Artists and Set times subject to change

Event Artists and set times are subject to change without notice.

Release of publicity and defamation claims

User hereby forever releases Event producer and its officers, directors, employees, agents and advertisers from any and all claims associated with using the Content and any associated Publicity Rights, including without limitation claims arising from rights of publicity or privacy, infliction of emotional distress, trespass, trademark, copyright, patent, trade secret, obscenity or defamation.

Liability release

User is aware, recognizes, acknowledges and accepts that there are certain risks of physical injury and/or property damage to attendees of the Event. By purchase a Wristband and attending the Event, you voluntarily agrees, as a condition of your attendance at the Event, to assume all known and unknown risks to of any injuries, property damage costs, damages or losses, regardless of severity, that User may sustain as a result of attending or participating in any and all activities connected with or associated with the Event. You agree to release defend, indemnify and hold harmless Event producer and all Event sponsors, partners and vendors from any and all damages, claims or liability of any kind whatsoever related to your participation in and/or attendance at the Event.

Medical Consent

User consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event producer, all Event sponsor and partners, as well as all persons participating in such medical treatment from all responsibility for any such actions.

Consent to Search/refusal/ejection

User and User’s belonging may be searched upon entry into the Event, and User consents to such searches and waives any related claims that might arise against the Event producer and its agent. If User elects not to consent to such searches, User may be denied entry into the Event.

Code of Conduct

By attending the Event, User agrees to abide by the Event Code of Conduct.

Expulsion

While attending the Event, User agrees to obey all rules, regulations, and policies of Event producer, the Code of Conduct and all applicable laws. User agrees that a violation of the rules, regulations, laws or policies of the Event (as determined in the sole discretion of Event producer) may result in your expulsion from the Event. Further, Event producer reserves the right to refuse admission to or eject any person, at Event producer’s sole discretion, whose conduct is disorderly, disruptive, harassing, or whose language is vulgar or abusive.

Other rights / restrictions

No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional/advertising activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance.

The Event producer reserves all rights not expressly granted to User. The terms and restrictions noted on the website of the Event producer’s designated ticketing company, and those below, are also included herein by reference:

Privacy Policy

In the event of any conflict with the Privacy Policy, these Terms on this page shall prevail.

Last Updated April 10, 2017