TERMS & CONDITIONS OF USE
Welcome to a website owned by Cannonball Productions LLC (“CBP”) that features CBP or one of our events (collectively, the “Websites”). CBP makes the Websites available for your use subject to the terms and conditions of use set forth below (“Terms”), as may be amended from time to time by CBP. Cannonball Productions and Bacon and Beer Classic are trademarks of Cannonball Productions, LLC.
The Websites are for informational and entertainment purposes only. You may print material from the Websites for personal, non-commercial or informational use only and provided all copyright, trademark and other proprietary notices are left intact. Any reproduction, modification, copying, distribution or republication of the Website software, code, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Websites, including, without limitation, the selection, sequence and “look and feel” and arrangement of items (collectively, “Content”), for any purpose without the express written consent of CBP (or its owner if CBP is not the owner) is prohibited. This prohibition includes, without limitation, the reposting of RSS feeds of the Websites or any portion thereof on other websites for any purpose whatsoever.
All Content is the property of CBP, its affiliates, licensors, artists, labels, clients, advertisers, sponsors, or suppliers and is legally protected, without limitation, under the United States federal and state laws, as well as applicable foreign laws, regulations and treaties. CBP may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.
All rights in company names, trade names, logos and designs of CBP or third-party products or services, whether or not appearing with or without the trademark symbol, belong exclusively to CBP or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Nothing stated or implied on this Websites confers on you any license or right under any patent, copyright or trademark of CBP or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Websites in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited.
COPYRIGHT & TRADEMARK NOTICE
The Websites are the copyright of CBP, all rights reserved. The Event names, logos and designs are the service marks or trademarks (collectively, “Marks”) of CBP. Any unauthorized use of the Marks is strictly prohibited. CBP has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website and may be reached at: Cannonball Productions LLC, Attn: General Counsel, 25 E. 10th Street, Suite 8A. New York, NY 10003. If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to the Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
The Websites may contain links to other websites (“Links”), over which CBP has no control or responsibility for their content. CBP provides the Links only as a convenience but their inclusion is not an endorsement by CBP in favor of any person or entity offering products or services on the Sites. Other websites may link without prior permission to the Websites’ homepage only through a plain-text link. Permission for any other type of link to the Websites must be sought in advance by writing to Cannonball Productions LLC, Attn: General Counsel, 25 E. 10th Street, Suite 8A. New York, NY 10003. Any third party website that links to the Websites (i) shall not create a frame, browse or border environment around any of the content of the Websites; (ii) may link to, but not replicate, Websites content; (iii) shall not state directly or imply that CBP is endorsing or sponsoring it or its products or services; (iv) shall not present false information about CBP or its products or services; (v) shall not use CBP trademarks or service marks without the prior written permission of CBP; (vi) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (vii) shall not otherwise violate any copyright interest of CBP or any artist, band, label or affiliated party whose information and/or material are available on the Websites.
By using the Websites, you agree not to post any content that libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, constitutes spam (i.e., unsolicited email), infringes on the ability of others to enjoy the Websites or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates identifiers to disguise the origin of the content or contains links to other sites that fall within the description set out above. CBP reserves the right to delete or edit any content and refuse access to anyone who it believes (in its sole and absolute discretion) has violated the Terms.
If the Websites provide certain areas that require you to register or ask you to provide information to participate in certain features or access certain content, your decision to provide that information is purely optional (with the understanding that if you elect not to provide that information, you may not be able to access such areas). If you elect to provide that information, you agree to provide information that is true and accurate. If you are required to choose a user name and password, it is your responsibility alone to ensure the confidentiality of that information and you agree not to register under the name of any other person. You agree to notify CBP of any unauthorized use of your user name and/or password and you must be at least twenty-one (21) years old to register on the Website.
We always want you to have a great experience with Cannonball. If you use a voucher before its promotional value expires and are disappointed by your experience, we’ll work with you to make it right or give you a refund. Any unredeemed voucher may be returned for a refund within the first 24 hours after purchase. After that, all sales are final. Your voucher is always worth at least the amount you paid for it – even if the promotional value has expired.
LIMITATION OF LIABILITY
You agree that use of the Websites is provided “as is” and “as available” and that you visit the Websites at your sole risk. CBP, its members, agents, past and present employees, affiliates, representatives, assigns and successors neither warrant that the Websites will be uninterrupted or error free nor that the Websites will be free of viruses or other harmful components. CBP expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose.
You are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided through the Websites. CBP disclaims any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose for any information, product or service offered on the Websites.
CBP is not liable for the defamatory, offensive or illegal conduct of other users or third parties and you agree that the risk of injury from the foregoing rests solely with you. You agree that CBP’s liability arising out of any legal claim in any way connected to the Websites shall not exceed the amount you paid to CBP for the use of the Websites.
If merchandise or services offered for sale via the Websites are listed at an incorrect price or contain other incorrect information, CBP shall have the absolute right to refuse or cancel any order placed for such merchandise or services and is released from liability for the same.
IN NO EVENT SHALL CBP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES OR ANY INFORMATION PROVIDED ON THE WEBSITES, EVEN IF IT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.