Terms

You are on a site owned by DSM Music Tours and Festivals (AKA Music Festivals and Tours "The Company"). The information you provide will be handled according to the The Company policies and terms.

Welcome to our website. By using or reading our site our emails, or any of our products, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site, our emails, or our products. The term company or us or we or our or DSM Music Tours and Festivals (AKA Music Festivals and Tours "The Company"), the owner of the website. The term you or subscriber refers to the user or viewer of our website, emails, and products.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (Agreement) with respect to our website (the Site), our email, our products, and our material. This Agreement constitutes the entire and only agreement between us and you, and supercedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Disclaimer and Disclosure.
This website or emails may contain affiliate links. The Company may have an affiliate relationship and/or another material connection to the providers of goods and services mentioned in this email. We may be compensated when you purchase from any provider.

You accept full responsibilities for your actions, and agree to hold The Company LLC or our affiliates, the site legal owners and any authorized distributors of this information harmless in any and all ways. The use of our products and services constitutes acceptance of our user agreement.

THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED AS-IS,AS AVAILABLE,WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED ON THE WEBSITE, EMAIL, OR WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notice contained therein. No print out or electronic version of any part of the Site, email, or product, or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as Content and Materials) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Forms, Agreements & Documents.
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, Documents). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents are not tailored for the investment or business needs of any specific person and may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Use of any Documents is at your own risk. Some Documents are public domain forms or available from public records. Text messaging is applicable to US numbers only.

Copyright and Service Marks.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. The Company and other marks used on the Site are our service marks or registered service marks or trademarks. Certain other product and company names mentioned on the Site may be trademarks of their respective owners.

Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a Submission) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Registration.
Certain sections of, or offerings from, the Site may require you to register and/or enter a password. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that transpire under your subscription account or password. Any password given to you to obtain information or documents is not transferable or assignable. Use of the Site and Company Services is limited to users 13 years of age and older. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. Any registration information you submit to create an account must be accurate, complete and kept updated. It is therefore critical that you do not share your password with anyone. You agree not to use the username, email address or password of another user at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password. The Company reserves the right to refuse service, access, terminate subscriptions, remove or edit content, or cancel orders in its sole discretion.

Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You can review our privacy policy on the footer of this website. You must review this Privacy Policy.

Subscription Terms and Payment.
Payment for any subscription, registration or ticketed event will be due on the date the order is placed by you for the service. With subscriptions the term will start on the day you register and pay for the service and terminate according to the schedule listed on the order form. Current subscription rates can also be found on the order form before an order is placed. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Subscription and Registration Termination.
Subscriptions and/or Registration fees are refundable at the discretion of the Company. Once we have received and processed your cancellation your subscription or registration will normally terminate within 3 days and you will not be billed the following month’s balance or any of the ongoing months of the subscription. We reserve the right to end your subscription or cancel your registration fee and use of our services at any time for any reason, including without limitation any breach by you of this agreement of these Terms of Use.

MESSAGE BOARDS AND PUBLIC FORUMS
Company offers users the ability to post public messages on message boards and forums ("Forums"), which may be open to the public generally, to all users of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
You are solely responsible for your interactions with other users of the Site or Company Services. Company reserves the right, but has no obligation to become involved in any way with these disputes.
Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, without errors, or otherwise reliable. This information is based on prospectus’, SEC filings, public filings, current events, press releases, interviews, books, lectures, and is often derived directly from the information published by the companies on which we report, without independent verification. You should not make any investment decision based solely on what you read on our website or in any of our investment reports or newsletters.
Material based on fact is obtained from sources believed to be reliable, but we are not responsible for any errors or omissions, or for the results of action taken based on information contained herein, on our websites, emails, in our reports and newsletters. Nothing herein should be construed as an offer to buy or sell securities or to give individual investment advice. Due to numerous factors, including, but not limited to, changing market conditions, such discussions and positions may no longer be representative of current discussions and positions. The Company does not in any way warrant or guarantee the success of or endorse any action that you take in reliance of or on the information we provide or that is derived from our websites, newsletters, or reports.

We may add, change or delete the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Limitation of Liability.

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond our or an Affiliated Party’s control.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, HEREBY SHALL NOT EXCEED THE FEES RECEIVED BY The Company FROM SUBSCRIBER AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. FURTHER, The Company WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON ANY MATERIAL PROVIDED BY The Company.

Advertisers and Third Party Content.
The Site may contain advertising and sponsorships. Advertisers, sponsors or other third party content may appear on the Site or may be accessible via links from the Site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We do not endorse the products or services advertised on the Site unless otherwise noted and make no representations or warranties about the kind or quality of products or services. We do not verify licenses, accreditations or qualifications of any third party. We are not responsible for and assume no liability for any inaccuracies, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. You are responsible for purchase and use of any third party product or services.
The Site contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. You acknowledge that The Company has no control over any third party sites. If you decide to leave our Site and access these third-party sites, you do so at your own risk. You should contact the site administrator or webmaster for other websites if you have any concerns regarding such links or content located on such other websites.
Our Website, reports, products, and email may contain affiliate links. The Company may have an affiliate relationship and/or another material connection to the providers of goods and services mentioned in this website or email. We may be compensated when you purchase anything from any provider.

Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (Merchants) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Refund and Return Policy.
The guarantee and/or refund period (if applicable) for each product will be listed on the order form at time of purchase. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services.

Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in state of PA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in state of PA necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

Miscellaneous.
Your right to use the Site is not transferable or assignable. This Agreement shall be treated as though it were executed and performed in the state of PA, and shall be governed by and construed in accordance with the laws of the state of PA (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement, including but not limited to Section 2 and Section 20. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
These terms and conditions including those that are incorporated by reference, constitute the entire agreement and only agreement between you and The Company and govern the use of our websites, emails, products, services, reports, and newsletters. Our rights under this Agreement shall survive any termination of this Agreement. Not withstanding any other agreement or communication(s) between The Company and subscriber to the contrary, receipt or use of any material or information provided by, at any time and through any means, whether directly or indirectly, represents acknowledgement and acceptance by such person of the terms and conditions of this agreement.

Through use of this website viewing or using, you agree to hold The Company, its operators, shareholders, employees and/or contractors harmless and to completely release them from any and all liability due to any and all loss (monetary or otherwise), damages (monetary or otherwise) that you may occur.

Current as of 06/5/2014. Subject to change without notice.