Virtual Burn 2021 Ticket Terms and Conditions, Waiver and Release

Virtual Burn 2021 Ticket Terms and Conditions, Waiver and Release

Virtual Burn 2021 Ticket Terms and Conditions, Waiver and Release 

Thank you for your interest in participating in Virtual Burn 2021, featuring six licensed, independent Virtual Burning Man Experiences (“Events”) that will be playing host to the Burning Man community for 2021’s “Virtual Burn Week” from August 22 through September 7, 2021. The following Terms and Conditions, Waiver and Release (“Terms and Conditions”) apply to your order of tickets to any of the Events from Burning Man Project (“BMP”) on behalf of the Events’ producers (“Event Producers”):

1.     Independent Events. You understand that BMP is not the producer of these Events and is not responsible for any aspect of your participation in the Events. BMP is acting solely as an agent of the Event Producers for the limited purpose of facilitating your payment and delivering tickets to access these independent Events. Your participation in the Events will be subject to additional terms and conditions applicable to each Event and developed by each Event Producer. Please contact the Event Producers directly with any questions about their terms and conditions. You can find their contact info in our FAQ here: https://kindling.burningman.org/virtual-burn-2021-faq. 

2.     Waiver of Liability, Release, and Indemnification. You acknowledge that you assume all risk of loss associated with ordering tickets for and/or participating in the Events. On behalf of yourself and your agents, personal representatives, assigns, heirs, and next of kin, you hereby waive any and all liability that BMP and its officers, directors, employees, volunteers, contractors, representatives, agents, affiliates, and subsidiaries (collectively, “Releasees”) may owe to you and your agents, personal representatives, assigns, heirs, and next of kin for any and all loss, damages, claims or demands related to bodily injury, illness, property damage, economic loss, liability or expenses of any kind (collectively, Claims) that you may experience or incur, whether caused by the negligence of Releasees or otherwise, associated with your order of tickets for and/or participation in any Event. This waiver does not extend to rights or liabilities that cannot be waived as a matter of law, but you expressly agree that this waiver is intended to be as broad and as inclusive as permitted by governing law.

You, on behalf of yourself and your agents, personal representatives, assigns, heirs, and next of kin (collectively “Releasors”), hereby release, discharge and hold harmless Releasees from any claims and/or liability, actual or threatened, accruing as a result of your order of tickets for and/or participation in the Event. Releasors covenant not to sue or assert any claims against Releasees for any and all loss or damage on account of bodily injury (including death), property damage, or economic loss of any nature that is in any way related to any Event. Releasors further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. Releasors expressly waive all rights they may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. This release does not extend to claims that cannot be released as a matter of law, but you expressly agree that this release is intended to be as broad and as inclusive as permitted by governing law.

You agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of your order of tickets for and/or participation in any Event, including in any programs, events, or activities at the Event.

3.     Tickets Are Revocable Licenses. No one will be admitted to any Event without a confirmed ticket for that Event. Event tickets are revocable licenses that may be revoked by BMP or the Event Producers, who retain the right to cancel, rescind or revoke any Event tickets at any time for any reason whatsoever, including without limitation failure to comply with these Terms and Conditions or with the terms and conditions set by the Event Producers for the individual Events.

4.     Ticket Limits, Pricing and Availability. You may order tickets to more than one Event in the same transaction, but each individual may only order up to a maximum of one (1) ticket to any Event in the same transaction or using the same email address. If an individual orders more than one ticket to a single Event using the same email address, all tickets held by that individual are subject to cancellation. If you would like to order more than one ticket to a particular Event, you must complete a separate transaction using a different email address. This restriction is due to the fact that some of the Events require a unique email address for access. As BMP is only a provider of tickets to the Events being independently produced by Event Producers, BMP does not set the price, inventory, or availability of tickets to any Event. 

5.     Ticket Refund and Exchange Policy. ALL TICKET SALES ARE FINAL. No refunds or exchanges will be issued for any reason. All fees are nonrefundable. 

6.     Ticket Transfer Policy. You may transfer an Event ticket to another participant before that ticket has been used for access to the Event. In alignment with Burning Man’s Principle of Decommodification, EVENT TICKETS MAY NOT BE SOLD FOR ADDITIONAL MARKUP ABOVE THEIR FACE VALUE (i.e., the amount charged by BMP or the Event Producer) or utilized to promote or raise funds for any project, entity, or individual. You understand that if you sell or attempt to sell an Event ticket for above its face value, BMP and/or the Event Producer have the absolute right to cancel all Event tickets in your name without notice or refund of any amounts paid. If you choose to transfer your ticket to another participant for a fee, you understand that BMP, the Event Producer, and the operator of the ticketing website cannot assist you with collecting any part of this fee.

7.     Ticket Website. BMP is contracting with a third-party vendor to operate the ticket website and to provide ticketing services for the Events. BMP does not represent that the ticket website and services will be error-free or uninterrupted. The website, content, and services are delivered on an “AS-IS” and “AS AVAILABLE” basis, and BMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE AND TICKETING SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. BMP MAKES NO GUARANTEE OF THE AVAILABILITY OF EVENT TICKETS OR OF THE ABILITY TO ACQUIRE THEM VIA THE WEBSITE.

8.     Age Restrictions. You must be at least 18 years old to order a ticket to any Event. Participation in each Event is subject to any additional terms and conditions promulgated by the respective Event Producer, which may include an age restriction for participating in that Event. You understand if you are ordering any ticket on behalf of someone who is under 18, you contractually agree to these Terms and Conditions on behalf of the minor. 

9.     Expressive Activities. You understand that some participants at the Events may engage in expressive activity and dress, which may include nudity and other types of expressive activity. You agree that such expressive activities are not indecent or offensive to you, and that you have decided to attend one or more Events with full knowledge that such expressive activities may occur. If you are accompanied by minors at an Event, you acknowledge that you have made a choice that the minors may be exposed to the expressive activities that take place at the Event, and that you have exercised parental responsibility and control in exposing the minors to the Event. Should you find that any activity at an Event is offensive to you, or to any minors accompanying you, you acknowledge that you can avoid such activity by, among other things, leaving the vicinity of the activity or leaving that Event, and you agree that BMP is not responsible for any such activities.

10.    Intellectual Property Policy. You acknowledge that “Burning Man,” “Black Rock City,” “Decompression,” “Burner Express,” and the Burning Man logo/symbol are registered trademarks of BMP; that the design of the Burning Man sculpture and the Black Rock City map are registered copyrights of BMP; and that BMP has the exclusive right to license and enforce those trademarks and copyrights along with its other intellectual property (collectively, “Burning Man Intellectual Property”). You understand that you may not use any Burning Man Intellectual Property in any advertising or promotional material (including without limitation posts on a commercial social media account) without BMP’s express written consent, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law. (For general information about trademarks, copyrights, and fair use, please see: https://ilt.eff.org/Trademark__Liability.html#Fair_Use_Defense and https://ilt.eff.org/Copyright__Fair_Use.html.) BMP generally permits the noncommercial use of Burning Man Intellectual Property by participants in connection with their participation in the Burning Man community, including the Events, provided that such uses do not mislead others about BMP’s involvement. As a participant in an Event, you may share with others that you are participating in the Event, using the name of that Event, but you may not claim that you are participating in “Burning Man” or “Black Rock City.”

11.    Privacy. Information you provide to BMP in connection with your order of tickets to Events may be shared with Event Producers to facilitate their delivery of Event services and related information to you. BMP may otherwise use the information you provide in accordance with its Privacy Policy, available at http://burningman.org/privacy-policy/. Information you provide to Event Producers, the operator of the ticketing services website, or any other third party in connection with your order of a ticket for or participation in any Event is covered by that third party’s privacy policy.

12.    Force Majeure. You agree that BMP is not liable for any delay or cancellation of any Event or component thereof due to any cause beyond BMP’s control, including without limitation weather; natural disaster; health epidemic or pandemic; unavailability of internet, communication or utility services; war, riot, or labor difficulties; supplier failures; national or local emergency; federal, state or municipal law or regulation; damage to or destruction of Event facilities or locations; or denial of required permits or permissions (a “Force Majeure Event”). You understand that Event tickets are not refundable if an Event is terminated early or canceled in whole or in part due to a Force Majeure Event. 

13.    Governing Law and Dispute Resolution. These Terms and Conditions are governed by and will be enforced according to the laws of the State of California, without regard to any conflicts of laws rules. THE PARTIES VOLUNTARILY AGREE TO SUBMIT ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS THAT CANNOT BE RESOLVED BY MEETING AND CONFERRING AMONG THEMSELVES, AND THAT EXCEEDS THE JURISDICTIONAL LIMIT OF SMALL CLAIMS COURT, TO BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATION SHALL BE HELD BEFORE A SINGLE, MUTUALLY AGREEABLE ARBITRATOR, AND THE PARTIES AGREE TO GIVE UP THEIR RIGHT TO A COURT AND JURY TRIAL. THE ARBITRATOR SHALL APPLY CALIFORNIA LAW AND SHALL BE EMPOWERED TO GRANT PRELIMINARY AND PERMANENT EQUITABLE RELIEF IN ADDITION TO AWARDING DAMAGES. EACH PARTY SHALL HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL AT ARBITRATION, AND THE PREVAILING PARTY IN ANY ARBITRATION OR LAWSUIT SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES AND COSTS. THE PARTIES AGREE TO ABIDE BY ALL DECISIONS AND AWARDS RENDERED IN THE ARBITRATION. DECISIONS AND AWARDS RENDERED BY THE ARBITRATOR, INCLUDING ANY DECISION ABOUT WHICH PARTY SHALL PAY COSTS AND/OR ATTORNEYS’ FEES, SHALL BE FINAL AND CONCLUSIVE AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF AS A BASIS OF JUDGMENT AND OF THE ISSUANCE OF EXECUTION FOR ITS COLLECTION. Any small claims action must be brought in the Superior Court of San Francisco County, California, and both parties consent to the personal jurisdiction of that court.

14.    Acceptance of Terms; Representations and Warranties. If you are obtaining an Event ticket for, or transferring an Event ticket to, any other person, you recognize that you are acting as that person’s agent in obtaining the ticket, and due to this agency relationship, you agree to these Terms and Conditions on behalf of any person to whom you transfer the ticket, and you shall notify any such person of these Terms and Conditions at the time of transfer. If you have obtained a ticket from another person, you agree to these Terms and Conditions when the ticket is transferred to you. By completing your order, you represent and warrant that you have the full power, consent, and authority to enter into these Terms and Conditions; you have read and fully understand these Terms and Conditions and that you are giving up substantial rights; and you accept these Terms and Conditions knowingly and voluntarily without any inducement or duress.

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