Terms & Conditions | RISE
Terms & Conditions
Privacy Policy
Waiver of Liability

TERMS & CONDITIONS

THIS WEBSITE AND RELATED SERVICES AND PRODUCTS ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE.  IF YOU ARE ACCESSING THIS WEBSITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS AND CONDITIONS.  IN THAT CASE, ALL REFERENCES TO “YOU” WILL BE DEEMED TO INCLUDE YOUR EMPLOYER.

THESE TERMS AND CONDITIONS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS PROVIDED IN SECTION 16 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND RISE (AS DEFINED BELOW) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Restrictions on Use and Ownership.  All services provided through this website and all pages and information within this website and any material made available for download (collectively the “Website”) are the property of Rise Festival, LLC (“RISE”, “us”, or “we”) and/or its subsidiaries, affiliates, vendors, and licensors.  We grant you a nonexclusive, non-transferable license to use the Website solely for your personal use.  As a condition of your use of this Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.  If you breach any of these Terms and Conditions, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Website, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of RISE, except that you may download content from the Website to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Website) use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements.  For purposes of these Terms and Conditions, any use of these materials on any other website or networked computer environment for any purpose is prohibited.

All trademarks, service marks, icons, and logos used in this Website are the trademarks, service marks or logos of RISE or their respective owners.

You may not use automated systems (e.g., robots, crawlers, spiders, artificial intelligence, machine learning) to access or view the Website.  You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information.

We may, in our sole discretion and without prior notice, modify the Website, remove, or alter functionality, or cease provision of the Website at any time.

We may, in our sole discretion and without prior notice, modify the Website, remove, or alter functionality, or cease provision of the Website at any time.

2. Copyright; Copies of These Terms and Conditions; Updates.  The organization, content, design, graphics, and other materials related to this Website are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws.  Without our prior written permission, the copying, reproduction, use, modification or publication of full or part of any such matters or any part of the Website by you is strictly prohibited.  Notwithstanding the foregoing, you may print a copy of these Terms and Conditions using the print feature in your browser.  We suggest retaining a copy for your future reference.  You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Website, you agree to be bound by future revisions, whether or not we inform you of any such revisions.  It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions.  You may use your browser to print copies of any updated Terms and Conditions.

3. Restrictions.  You shall not and shall not allow any third party to: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Website, except to the extent expressly permitted by applicable law; (ii) use the Website to develop a competing product or service; (iii) use the Website (a) for any purpose for which it was not designed, or (b) inconsistent with any online documentation we provide; or (iv) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Website, or any other products or materials made available through the Website.

4. Your License to Us.  You grant us a non-exclusive, world-wide, royalty-free license to use the information, data, content, and other materials uploaded by you to the Website (the “Content”) for purposes of furnishing the Website to you and the services and functionality available through the Website.  You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section.  Except for the license granted in this Section, nothing contained in these Terms and Conditions will be construed as granting us any right, title, or interest in your Content.  You grant us a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from your use of the Website and the Content (the “Aggregated Data”) for our business purposes, including the provision of products and services to our customers; provided the Aggregated Data is combined with similar data from our other customers and does not include (directly or by inference) any information identifying you or any identifiable individual.  The Aggregated Data will not be considered confidential or proprietary to you.

5. Your Obligations.  You represent and warrant that you have all right, title, and interest necessary to post your Content to the Website and grant the rights provided above.  You will not provide any Content that:  (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule.  RISE will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise.

6. Feedback.  You may provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to the Website and our products and services.  Feedback is voluntary.  We may use Feedback for any purpose without obligation of any kind.  To the extent a license is required under your intellectual property rights to make use of the Feedback, you hereby grant us an irrevocable, non-exclusive, perpetual, worldwide, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of our products and services, without obligation to you of any kind.

7. Your Indemnity.  At RISE’s option and request, you will, at your own expense, indemnify, defend, and hold RISE, its subsidiaries, and its affiliates, and its and their respective officers, directors, members, managers, employees, agents, successors, co-branders, suppliers, and associates, harmless from and against any losses, costs, damages, fines, sanctions, liabilities, and expenses (including reasonable attorneys’ fees and other court costs), arising out of your use of the Website or related to a third-party claim, action or allegation (i) based on or caused by unauthorized access to the Website through your account, (ii) based on your actual or alleged breach of these Terms and Conditions, (iii) based on your violation of any applicable law or regulation of any jurisdiction, or (iv) arising out of the Content. You shall not enter into a settlement or stipulated judgment of the foregoing without RISE’s prior written consent. 

Acceptable Use.  You shall not to use the Website to:

  • Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or create a false persona;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
  • Upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms, or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • Harvest content uploaded by other users of the Website for any purpose;
  • Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
  • Upload, post, e-mail, distribute, deliver or otherwise transmit any bulk or unsolicited or unauthorized commercial e-mail, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

In our sole discretion and without notice, we may (i) remove any Content or other materials that violate or may violate the foregoing, and (ii) suspend or terminate your access to the Website.

9. Privacy.  Please review RISE’S Privacy Policy located below and at https://risefestival.com/terms-conditions/#privacy-policy, for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

10. Warranty Disclaimer.  THIS WEBSITE AND ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND HYPERLINKED WEBSITES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RISE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.

11. Limitation of Liability.  THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, AND DATA ARE PROVIDED AS A CONVENIENCE TO YOU.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RISE AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER RISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE.  YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE EXCLUSIVE LIABILITY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Accuracy and Integrity of Information.  Although RISE attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website or any information made available through it.  It is possible that the Website and information could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties.  In the event that an inaccuracy arises, please inform RISE so that it can be corrected.  Information contained on the Website may be changed or updated without notice.  RISE reserves the right to unilaterally correct any inaccuracies on the Website without notice.  Additionally, RISE shall have no responsibility or liability for information, products, or Content posted to the Website from any non-RISE affiliated third party.

13. Links or Pointers to Other Websites.  RISE makes no representations whatsoever about any other website that you may access through this Website.  When you access a non-RISE site, please understand that it is independent from RISE, and that RISE has no control over the content on that website.  In addition, a hyperlink to a non-RISE website does not mean that RISE endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.

14. Export, Import and Other Regulations.  You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Website regarding access, use, export, re-export and/or import of any Website content.  You acknowledge and agree that you will not export or import any Website content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Website content will not be used in the design, development or production of nuclear, chemical or biological weapons.

15. Choice of Law; Venue.  These Terms and Conditions are entered into in the State of Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada, exclusive of its choice of law rules requiring the application of the laws of a different jurisdiction.  Subject to Section 16, all disputes arising under these Terms and Conditions shall be resolved exclusively in the state and federal courts located in Clark County, Nevada. Each party hereby irrevocably submits to the exclusive jurisdiction of such courts, and waives any right to claim that such courts constitute an inconvenient forum or lack personal jurisdiction over such party. 

16. Disputes; Mandatory Arbitration.  Except for cases involving claims for injunctive relief, you and RISE agree that all controversies, claims, counterclaims, or other disputes arising between you and RISE relating to these Terms and Conditions or arising out of your access to or use of any of the Website, including any products or services furnished through the Website (each, a “Claim”) will be resolved through binding and final arbitration instead of through court proceedings.  This agreement to arbitrate means that you and RISE each waive your respective rights to a jury trial.  Any and all Claims must be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time arbitration is initiated (“JAMS Rules”).  If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed below), and RISE will pay the remainder of the arbitration initiation fee and all other costs of the arbitration proceeding, including the arbitrator’s fees.  Notwithstanding the venue selected in Section 15, the arbitration will be held in Clark County, Nevada (provided that either party may participate remotely).

For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267.  To start an arbitration, you must do all of the following:

(1) Write a demand for arbitration (your “Demand for Arbitration”).  Your Demand for Arbitration must include a description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of all of these Terms and Conditions (including this arbitration provision).  You can find a form of a demand for arbitration on the JAMS rules page at http://www.jamsadr.com/rules-download/.

(2) Send one (1) copy of your Demand for Arbitration to RISE at:  Willkie Farr & Gallagher LLP, 2029 Century Park East, Los Angeles, CA 90067, Attn: Steven Hurdle at SHurdle@willkie.com.

(3) Send two (2) copies of your Demand for Arbitration (with a copy of these Terms and Conditions attached) and proof of service of your Demand for Arbitration on RISE at the address noted in subsection (2) above (for example, a copy of a certified mail return receipt requested or a sworn statement of service by a non-party over eighteen (18) years of age) to the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at http://www.jamsadr.com/locations/).

(4) Pay JAMS a two hundred and fifty dollar ($250.00) arbitration initiation fee, unless you are entitled to a waiver of the fee under applicable law.

In the event RISE elects to start an arbitration with you, RISE must write a Demand for Arbitration and send two (2) copies of it to JAMS and serve one (1) copy of RISE’s Demand for Arbitration to you at the contact information that we have on file for you.  RISE will pay all costs of the arbitration proceeding, including the arbitrator’s fees, for any arbitration that RISE commences.

The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with JAMS Rules.  The arbitrator will render an award in accordance with JAMS Rules.  Any award may be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state in which the arbitration is held or in which the award is to be enforced.  Except for the foregoing, the arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction.  You and RISE agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

The terms of this Section do not preclude you or RISE from seeking action by federal, state, or local government agencies.  You and RISE also have the right to bring qualifying Claims in small claims court, notwithstanding the requirement to arbitrate Claims set forth herein.  In addition, you and RISE retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Neither you nor RISE may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or RISE’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  Accordingly, you and RISE agree that the JAMS Class Action Procedures do not apply to RISE’s arbitration.  This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.

A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis.  No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver will not waive or affect any other portion of these Terms and Conditions.  This Section will survive the termination of your relationship with RISE and any termination of your access to and/or use of all or any part of any of the Website.

Important:  This Section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS Rules, and the right to certain remedies and forms of relief.  Other rights that you or RISE would have in court also may not be available in arbitration.

17. Entire Agreement. These Terms and Conditions, as may be amended from time-to-time by RISE in its sole discretion, constitute the entire agreement between RISE and you pertaining to the subject matter hereof.  Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Website. 

PRIVACY POLICY

Last revised: May 13, 2024

At Rise Festival, LLC (“RISE,” “we” or “us“) your privacy is important to us. Our Privacy Policy describes the information we collect, how we collect information, and the reasons we collect information. This Privacy Policy also describes the choices you have regarding the information RISE collects, including how you can manage, update, or request to delete information. 

Please take a moment to review this Privacy Policy. You may scroll through this Privacy Policy or use the headings below. It is important that you understand this Privacy Policy. By using our Platform (as defined below), you are agreeing to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, you may Contact Us at any time.

CONTENTS

  1. Key Terms & Definitions and Our Privacy Policy
  2. Personal Information
  3. Children’s Privacy
  4. Data Security
  5. Supplemental Disclosures and Rights Based on State Law 
  6. International Users 
  7. Changes to our Privacy Policy 
  8. Contact Us
  9. Glossary

1. Key Terms & Definitions and Our Privacy Policy

It is helpful to start by explaining some of our key terms and definitions used in this Privacy Policy. 

“Personal Information”:  Information identifying, relating to or about an identified or identifiable individual, as described more fully in this Privacy Policy.

“Platform”:  Our Website and related functionality and online services, as applicable.

“Products”:  Any products available for purchase on or through our Platform, such as event tickets, or that we otherwise provide or sell to you.

“Services”:  Any services provided through our Platform, which may be for purchase at a charge, or included at no charge as part of our Platform, or that we otherwise provide or sell to you.

“Website”: Our website located at https://www.risefestival.com/.

Please refer to our Glossary for additional explanations of terms and phrases used in this Privacy Policy.

When does our Privacy Policy apply? 

This Privacy Policy describes the types of information we may collect from you when you visit or use our Platform or any components of our Platform, and when we communicate with you electronically, such as through our Platform, email, text message and other electronic messages between RISE and you.

When does our Privacy Policy not apply?

This Privacy Policy does not apply to information (a) we collect from you through any in-person or face-to-face interactions we have with you, or through an audio-only telephone conversations; (b) by any other websites or platforms operated by us, unless the website or platform is listed above or links to this Privacy Policy; (c) collected by any third-party website that we may provide a link to or that is accessible from our Platform; or (d) covered in part or in whole by a separate privacy policy provided by us (e.g., relating specifically to health information, financial information, other special information, etc.).

Terms of Use.

This Privacy Policy is incorporated into and governed by our Terms of Use, which also apply when you use our Platform. 

2. Personal Information

What is Personal Information?

Personal Information is information that you provide to us which personally identifies you, such as your name, email address, or billing information, or other data that can be reasonably linked to such information by RISE, such as information we associate with your activities on the Website.

What types of Personal Information do we collect? 

We collect and use Personal Information in order to operate and provide our Platform to you, including Products and/or Services. You may provide Personal Information to us, and we may collect Personal Information from you automatically as you use and navigate through our Platform.

How do we collect your Personal Information?

Information you provide to us. You may provide Personal Information to us through our Platform. For example, you may be able to sign-up on our Platform, which allows or requires you to provide certain information to us (e.g., contact information such as your name, email address, telephone number, etc.). You may also be able to purchase Products or Services, or make payments to us, through our Platform. In these situations, we collect your credit card, debit card or other payment card information or bank or other financial account information. We use third-party payment processors to collect and process your payment information. You provide Personal Information and other information to when you contact us through our Platform. 

Information we collect as you use our Platform. We collect Personal Information and information about the computers, devices, browsers and your Internet activity as you use and interact with our Platform. The information we collect includes Unique Identifier, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, device type, crash reports, system activity, wireless carrier name (when you use a wireless or mobile device), and the date, time, and referrer URL of your request. 

Online Activity. We collect information about your activity on our Platform, Internet, network, and other online activity information, such as browsing history, search history, and information regarding your interaction with our Platform and other websites. We use various technologies to collect and store location information, including cookies, pixels or pixel tags, local storage, such as browser web storage or application data caches, databases, session replay, and server logs.

Location. We collect information about your location when you use our Platform, which helps us provide our Platform Services, features and functionality. Your location can be determined with varying degrees of accuracy by:

  • GPS
  • IP address
  • Sensor data from your device
  • Information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices

The types of location data we collect depend in part on your device and account settings. For example, you can turn your mobile device’s location on or off using the device’s settings app. You may also be able to turn on location history if you want to create a private map of where you go with your devices. 

Third Party Sources.  In some circumstances, RISE also collects information about you from publicly accessible sources. We may collect information about you from trusted partners, such as marketing partners who provide us with information about our potential customers, and security partners who provide us with information to protect against fraud and abuse of our Platform. 

Why and how do we use your Personal Information? 

Provide our Platform and Related Services. We use your Personal Information to operate, maintain, supervise, administer, improve and enhance our Platform and related Services, features and functionality. We use your contact information to communicate and interact with you, such as to send you emails and text messages about our Platform, Products, and Services. We use the IP address assigned to your device to send you the data you request to display on your device. We use unique identifiers stored in cookies on your device to help us authenticate you as the person who should have access to certain areas and features of our Platform. We also use cookies to track items placed into your shopping cart, including when you have abandoned your cart, in order to determine when to send shopping cart reminder messages to you via the contact information that you have provided to us. We also use your information to ensure our Platform is working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information for research and development for our business, and to make improvements to our Platform.

We use data collected from you and your devices for analytics and measurement to understand how our Platform is used. For example, we analyze data about your use of our Platform to accomplish tasks such as optimizing our Products and Services. We use a variety of tools to do this, such as Google Analytics and similar third-party online data analytics services.

When you purchase Products or Services from us, you may provide us information such as your payment card or bank account information, shipping address or delivery instructions. We use this information for things such as processing, fulfilling, and delivering your order, and to provide support in connection with the Products or Services you purchase.

Security and Legal Purposes.  We use your information to help improve the safety and reliability of our Platform. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm RISE, our users, or the public. Information may also be used in connection for legal reasons and purposes, such as to comply with applicable law, regulation, legal process, or enforceable governmental request; to enforce our Terms of Use, including investigation of potential violations; to detect, prevent, or otherwise address fraud, security, or technical issues; and to protect against harm to the rights, property or safety of RISE, our users, or the public as required or permitted by law. 

We may also use Personal Information to: 

  • Carry out our legal and contractual obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. 
  • Respond to law enforcement requests, court orders, and subpoenas and to carry out our legal and contractual obligations.
  • Authenticate use, detect fraudulent use, and otherwise maintain the security of our Platform and the safety of others. 
  • Administer surveys and questionnaires. 
  • Provide you with information about Products and Services that may be of interest to you, including through newsletters and event updates.
  • Otherwise carry out any other purpose with your consent. 

Personalized and Interest-Based Advertising. We partner with third-party advertising networks that collect IP addresses, unique device identifiers, browser type, operating system, time zone, country, referring pages, and other information through the use of cookies, pixel tags, and server logs on our Platform. They use this information to provide you with interest-based advertisements that are customized to your particular preferences, including for companies that are not affiliated with us. You may see these interest-based advertisements on our Platform, as well as on third party websites and apps, and across different devices you use. We may use this process to help us manage and improve the effectiveness of our marketing efforts. It also allows to display ads to our users about RISE after they leave our Platform, and to track users after they see or click on an advertisement, keep track of users who access our Platform or advertisements from different devices, and better provide advertisements to our target audiences. The data collected through these tracking technologies is also saved and processed by our advertising and marketing service provider partners. 

Opt-Out Rights. See Section ‎5 (Supplemental Disclosures and Rights Based on State Law) for information on how to exercise any opt-rights you may have with respect to interest-based advertising. 

Why and how do we share your Personal Information? 

We share Personal Information with third parties under certain circumstances and for certain purposes described throughout this Privacy Policy, including:

  • Service providers and others to operate our Platform and Services. We share your Personal Information with our affiliates, vendors, service providers, and business partners, including providers and vendors we use for operating and maintaining our Platform, and its features, functionality and Services.  These third parties include data hosting and data storage partners, analytics, ad network, advertising (including interest-based advertising), technology services and support, and data security. 
  • Our business purposes. We may share your Personal Information with our affiliates, vendors, service providers, and business partners, including providers and vendors we use for our business activities and operations generally, such as data hosting and data storage partners, analytics, ad network, advertising, technology services and support, and data security. We may also share your Personal Information with professional advisors, such as auditors, law firms, and accounting firms.
  • With your consent. We may share your Personal Information if you request or direct us to do so. 
  • Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries. 
  • Business transfers. We may share your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users are among the assets transferred. 
  • To enforce our rights. We may share your Personal Information to enforce our Terms of Use and any other agreement, terms and conditions relating to your use of the Platform. We also may share information as needed to ensure the safety and security of our Platform and our users, and to detect, prevent, or otherwise address fraud, security, or technical issues.
  • De-identified information. We may also de-identified information, so that it cannot be reasonably used to identify any individual, with third parties for marketing, advertising, research, or similar purposes. 

Your choices for how we collect, use and share your Personal Information. 

We offer you choices on how you can opt out of our certain uses and sharing of your Personal Information. As a general rule, you cannot opt out of our collection, use and sharing of Personal Information to the extent it is necessary to provide the Platform or related Products and Services, features and functionality to you. 

You can change the cookie settings that will be placed when you use our Platform by changing the settings on your Internet browser. You can also block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Please note that internet browsers allow you to change your cookie settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. However, if you use your browser settings to block all cookies (including strictly necessary cookies), you may not be able to access or use all or areas and aspects of our Platform.

Opt-Out Rights. See Section ‎5 (Supplemental Disclosures and Rights Based on State Law) for information on how to exercise any opt-rights you may have with respect to interest-based advertising. Additionally, you can generally opt out of receiving interest-based advertisements from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt out pages on the NAI website and DAA website. We do not control third parties’ collection or use of your information to serve interest-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website. You can learn more about interest-based advertisements and your opt out rights and options on the NAI website and DAA website. 

If you do not wish to have your email address used by RISE to send you advertising messages and content, you can opt out at any time by clicking the unsubscribe link at the bottom of any marketing emails you receive from us. You may have other options with respect to marketing and communication preferences through our Platform.

How do I access and correct my Personal Information?

Access, Corrections and Deletion.  In addition to any data access capabilities available through the Platform, please Contact Us if you have any questions about your Personal Information. Please inform us of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. You may also have certain deletion rights in accordance with applicable law. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

Copies and Retention of Data.  In addition to any capabilities available through the Platform, if you need to export a copy of your data, please let us know and we will assist you with your request. We retain the data we collect for different periods of time depending on what it is, how we use it and applicable legal requirements. We may retain some data for longer periods of time than other data when necessary for legitimate business or legal purposes, such as security, fraud and abuse prevention, or financial record-keeping.

3. Children’s Privacy

Our Platform is not intended for children under 13 years of age. We do not knowingly collect or sell Personal Information from children under the age of 13. If you are under the age of 13, do not use or provide any information on or to the Platform or through any of its features. If we learn we have collected or received Personal Information from a child under the age of 13 without verification of parental consent, we will delete it. If you are the parent or guardian of a child under 13 years of age whom you believe might have provided us with their Personal Information, you may Contact Us to request the Personal Information be deleted. 

4. Data Security

We have taken steps and implemented administrative, technical, and physical safeguards designed to protect against the risk of accidental, intentional, unlawful, or unauthorized access, alteration, destruction, disclosure, or use. The Internet is not 100% secure and we cannot guarantee the security of information transmitted through the Internet. Where you have been given or you have chosen a password, it is your responsibility to keep this password confidential. 

The sharing and disclosing of information via the Internet are not completely secure. We strive to use best practices and industry standard security measures and tools to protect your data. However, we cannot guarantee the security of Personal Information transmitted to, on, or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Platform, in your operating system, or mobile device.

5. Supplemental Disclosures and Rights Based on State Law

In addition to the disclosures and rights set forth elsewhere in this Privacy Policy, you and other users may have certain rights based on applicable state law; for example, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). Other states have passed consumer privacy laws that may be applicable to RISE and your use of our Platform. These supplemental disclosures and rights apply to you and your use of our Platform to the extent applicable state law applies to RISE and your use of our Platform. Please Contact Us if you have any questions regarding your rights under applicable state law.

Categories of Personal Information Collected 

As described in more detail in other areas of our Privacy Policy, we collect and/or disclose Personal Information about you when you use our Platform, including information about you that you provide to us, and information that we automatically collect from you or your computer or device as you use our Platform. 

Personal information does not include information that is: (a) publicly available information from government records; (b) de-identified or aggregated consumer information; or (c) certain information that is excluded from the scope of applicable state law (e.g., PHI covered under HIPAA and medical information may be covered under HIPAA and other state laws).

Categories of Sources From Which We Have Collected Personal Information

We collect Personal Information directly from you, for example when you provide it to us, when you contact us through our Digital Services, when you create a RISE account; and indirectly from you automatically through your computer or device as you use our Services. We may also collect Personal Information about you from our advertising partners and service providers.

Use of Personal Information 

You have the right to direct us to not sell your personal information at any time (the “right to opt-out“). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by any method listed in the Contact Us section. Please note that we do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

We may use or disclose the personal information we collect for our business purposes described elsewhere in this Privacy Policy.

Disclosures of Personal Information for Business Purposes

We may disclose your Personal Information for our business purposes, such as your contact information, other information you have provided to us and unique identifiers that identify you to us or to our service providers, such as companies that assist us with marketing and advertising. We disclose your Personal Information to certain third parties such as our vendors, business partners, service providers, including companies that assist us with marketing and advertising.

Access Request Rights

You may have the right to request that RISE disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see the Exercising Access and Deletion Rights section below. Once we receive and confirm your verifiable consumer request and such disclosure is required by applicable law, we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • Sales, identifying the Personal Information categories that each category of recipient purchased; and 
    • Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. 

Deletion Request Rights

You may have the right to request that RISE delete your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless certain exceptions apply.

Exercising Access and Deletion Rights

To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by emailing us at info@risefestival.com

Only you or your legal representative authorized to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify whether you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under applicable state law. Unless permitted by applicable law, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. 
  • Provide you with a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

6. International Users

Our Platform is not intended for use by and is not directed to residents of the European Union. All data is stored and processed in the United States. By using and accessing our Website, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

7. Changes to our Privacy Policy

We may update our Privacy Policy periodically to reflect changes in our privacy practices, laws, and best practices. We will post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our Platform. If we make material changes to our practices with regards to the Personal Information we collect from you, we will notify you by email to the email address specified in your account and/or through a notice on the Platform. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing our Platform and reviewing this Privacy Policy to check for any changes. 

8. Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us by emailing us at info@risefestival.com or through the https://risefestival.com/contact/ page on our Platform. 

9. Glossary

Browser Web Storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. This makes data retrievable even after a browser has been closed and reopened. One technology that facilitates web storage is HTML 5.

A Cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. 

A Pixel or Pixel Tag is a type of technology placed on a website or within the body of an email for the purpose of tracking certain activity, such as views of a website or when an email is opened. Pixel tags are often used in combination with cookies.

An Application Data Cache is a data repository on a device. It can, for example, enable a web application to run without an internet connection and improve the performance of the application by enabling faster loading of content.

Interest-based Advertising is sometimes referred to as personalized or targeted ads. Interest-based ads are used to display features, products, and services that might be of interest to the user. 

To serve interest-based ads, we may use information such as your interactions with our Platform, Services and related content. We do not use information which on its own identifies you, such as name or e-mail address, to serve interest-based ads.  As is common in the advertising industry, we use cookies, pixels, and other technologies which enable us to understand the effectiveness of the interest-based ads we show you by measuring what ads are clicked or viewed, and to provide you with more useful and relevant ads. For example, if we know what ads are shown to your browser, we can be careful not to show the same ads repeatedly. We work with third parties, such as advertisers, publishers, social media networks, search engines, ad serving companies, and advertising companies working on their behalf, to improve the relevance of ads we serve. 

Advertisers and other third parties may assume or infer that users who interact with or click on an interest-based ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who purchased or browsed for classical music). Third party advertisers or advertising companies working on their behalf sometimes use cookies in the process of delivering content, including ads, directly to your browser or device, and they may automatically receive an IP address when this happens. They may also use cookies to measure the effectiveness of their ads, show you more relevant advertising content, and perform services on behalf of RISE. 

Server Logs. Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Session Replay provides the ability to replay a visitor’s journey on a web site or within a mobile application or web application. Replay can include the user’s view (browser or screen output), user input (keyboard and mouse inputs), and logs of network events or console logs. Session replay is used to help improve customer experience, analyze usability and help identify obstacles in conversion processes on websites. It can also be used to study a website’s usability, customer behavior, interests, and the handling of customer service questions as the customer journey, with all interactions, can be replayed. It can also be used to analyze fraudulent behavior on websites.

A Unique Identifier is a string of letters, numbers and characters that can be used to uniquely identify a computer, device, personal device, browser or app. 

Different identifiers vary in how permanent they are, whether they can be reset by users, and how they can be accessed. Unique Identifiers can be used for various purposes, including security and fraud detection, syncing data from your device(s) to our Platform, remembering your preferences, and providing personalized advertising. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. See your browser documentation for additional information. 

On other platforms besides browsers (e.g., personal devices), Unique Identifiers are used to recognize a specific device or app on that device. For example, a Unique Identifier can be used to provide relevant advertising on mobile devices and can be managed in your device’s settings. Unique identifiers may also be incorporated into a device by its manufacturer (sometimes called a universally unique ID or UUID), such as the IMEI-number of a mobile phone. For example, a device’s unique identifier can be used to customize our Platform and Services to your device or analyze device issues related to our Platform and Services.

PARTICIPANT AGREEMENT, WAIVER & RELEASE OF LIABILITY, ARBITRATION AGREEMENT

In consideration of being permitted to participate in any way in any event (“Activity” or “Activities”) at any time hosted by Rise Festival, LLC (“RISE”), I, for myself, my personal representatives, assigns, heirs, and next of kin:

1.  I ACKNOWLEDGE, AGREE, AND REPRESENT THAT I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF RISE AND/OR ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, OFFICIALS, TRUSTEES, AGENTS, STAFF, EMPLOYEES, CONTRACTORS, VOLUNTEERS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RISE PARTIES”).  These risks and dangers may be caused by my own actions or inactions, the actions or inactions of the RISE PARTIES, the conditions in which the Activities take place, or the negligence of third parties.  There also may be other risks or social and economic losses either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I may incur as a result of my participation in the Activity.

2. I acknowledge, agree, and represent that I am qualified, in good health, and in proper physical condition to participate in any Activity or Activities. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity.

3. I further acknowledge, agree, and represent that I am VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF ILLNESS, INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF RISE PARTIES OR OTHERWISE. I FURTHER ACKNOWLEDGE THAT RISE PARTIES WILL EXERCISE BEST EFFORTS TO HOST THE ACTIVITY, BUT THAT IT CANNOT UNDER ANY CIRCUMSTANCE GUARANTEE THE RESULTS OF THE ACTIVITY OR THAT THE ACTIVITY WILL NOT BE MODIFIED, POSTPONED, OR CANCELLED IN ACCORDANCE WITH THE TERMS HEREIN.

4. I hereby release and agree to indemnify and defend the RISE PARTIES, and waive on behalf of myself, my heirs, and my personal representatives, against ALL CLAIMS (INCLUDING CLAIMS OF NEGLIGENCE), DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES AND OTHER LITIGATION COSTS, which may in any way arise from my or my family’s presence during the Activity, including but not limited to, any physical or psychological injury, paralysis, death, illness, damage to my personal property, or other economic or emotional loss, including travel to, from and during the Activity, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RISE PARTIES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. If RISE incurs any of these types of expenses, I agree to reimburse RISE. This liability waiver and release extends to RISE and its owners, officers, directors, managers, officials, trustees, agents, employees, volunteers, or other representatives.
5. I acknowledge and agree that BY USING RISE’s WEBSITE AND PURCHASING A TICKET TO THE ACTIVITY, I HEREBY ACKNOWLEDGE AND AGREE THAT I HAVE READ AND WILL BE BOUND BY RISE’S TERMS AND CONDITIONS AND PRIVACY POLICY.

6. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the RISE PARTIES. I agree not to bring any drugs, alcohol, lanterns or other incendiary devices to the Activity, and agree not to leave the venue with any lanterns given to me by RISE. The RISE PARTIES may dismiss me (or my child), without refund, should my (or my child’s) behavior endanger the safety of or negatively affect any event, person, facility, or property of any kind.

7. I further acknowledge the contagious nature of COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that RISE has put in place preventative measures to reduce the spread of COVID-19, but that RISE cannot guarantee that I will not become infected with COVID-19 or any other infectious disease. I understand that it is not possible to prevent against the presence of COVID-19, and the risk of becoming exposed and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the RISE PARTIES or other third parties.

8. I understand that the bar code received following my ticket purchase through the registration platform will serve as my registration ticket. I understand that I must present this bar code, whether in paper or online form, to the Activity in order to be granted entry. No replacement tickets will be issued in the event a registration ticket is lost, stolen or otherwise transferred.

9. RISE reserves the right, in its sole and absolute discretion, to modify, postpone, or cancel the Activity due to unforeseen or unavoidable circumstances outside of its reasonable control, including but not limited to, adverse weather conditions (including rain, lightning, or sustained winds), acts of God, or acts of terrorism (each, a “Force Majeure Event”). In the event of a Force Majeure Event, RISE will endeavor to inform participants as quickly as possible. Except as set forth below, where the Activity has to be modified, postponed, or cancelled due to a Force Majeure Event, the RISE PARTIES shall not be liable for any inconvenience, expenses, costs, injuries, losses, or damages suffered by participants in connection with such Force Majeure Event. In the event the Activity is cancelled because of a Force Majeure Event, only those participants who purchased Inclement Weather Insurance through the RISE website will be entitled to a refund of their registration ticket. I understand and acknowledge that RISE will not issue me a refund of my registration ticket if I did not purchase the Inclement Weather Insurance.

Without limiting the foregoing, RISE reserves the right, in its sole and absolute discretion, to postpone or cancel the Activity due to any formal or informal orders or recommendations issued to RISE by the CDC, public health or any other governmental official with respect to any plagues, epidemics, pandemics, outbreaks of infectious disease or any other public health crisis, including COVID-19 (each, a “Public Health Crisis Event”). In the event of a Public Health Crisis Event, RISE will endeavor to inform participants as quickly as possible. Where the Activity has to be postponed or cancelled due to a Public Health Crisis Event, the RISE PARTIES shall not be liable for any inconvenience, expenses, costs, injuries, losses, or damages suffered by participants in connection with such Public Health Crisis Event. In the event the Activity is postponed or cancelled because of a Public Health Crisis Event, I understand that I will not be entitled to a refund of my registration ticket, and that my registration ticket will be automatically applied to the next available Activity for no additional fees.

10. I understand and agree to the following terms and conditions for the use of any still and/or motion picture photography taken in connection with the Activity (hereinafter “Activity Imagery”).

I grant the right and consent to RISE (and any other photography company or individual contracted by RISE) to use, publish and copyright my likeness, performance, voice and identity, as well as any Activity Imagery I take and post on the Internet, for any and all purposes, including, without limitation, trade, commercial and editorial usage in any medium now known or later developed anywhere in the world without compensation to me.

I UNDERSTAND AND ACKNOWLEDGE THAT ACTIVITY IMAGERY, INCLUDING ACTIVITY IMAGERY I POST ON THE INTERNET, MAY NOT BE USED FOR ANY COMMERCIAL PURPOSE WITHOUT PRIOR WRITTEN PERMISSION FROM RISE.

I assign to RISE a joint ownership in the copyright to my Activity Imagery for the purpose of enabling RISE to enforce that copyright against any third party that uses my Activity Imagery in a manner not authorized by these terms and conditions. I appoint RISE as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Because I understand that, without prior written permission from RISE, I have no right to sell, transfer, license, sublicense or give any of my Activity Imagery to any other party for commercial use, if a third party obtains and uses any of my Activity Imagery for commercial purposes without written permission from RISE, I agree that any permission, license, or right I may have granted this third party is void and invalid, and that RISE has the absolute right, as joint copyright owner, to require the third party to cease all commercial use of the Activity Imagery.

I agree that if RISE notifies me that any Activity Imagery that I have posed or caused to be posted on the Internet must be removed, for whatever reason in RISE’s sole discretion, I will promptly remove or cause to be removed those images. RISE, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Activity Imagery in violation of these terms and conditions and may cause the removal of such Activity Imagery on any webpage on which it is displayed.

Any party interested in making any commercial use of Activity Imagery must enter into a separate written agreement with RISE.

11. I agree and acknowledge that any legal or equitable claim, dispute or controversy that may arise from or relate to my participation in the Activity or arising in connection with this agreement (other than claims related to actual or threatened infringement, misappropriation or violation of RISE’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights) (each, a “Dispute”) shall be resolved exclusively by binding arbitration (the “Arbitration Agreement”). If there is a Dispute about whether this Arbitration Agreement can be enforced or applies to any such Dispute, I agree that the arbitrator will decide that issue. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA then in effect. This agreement shall be interpreted under Nevada law. I understand that this document is written to be as broad and inclusive as legally permitted by the State of Nevada. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.

I acknowledge and agree that I am waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless RISE otherwise agrees in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

12. I agree to all of the terms and conditions as set forth in the Privacy Policy and Terms and Conditions published on the RISE website, including, but not limited to, RISE’s right to contact me (and, if applicable, members of my family) using the e-mail address and/or mobile number provided to RISE in connection with the services and/or information provided by RISE and/or the Activity.

I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing the RISE PARTIES from all liability, (b) promising not to sue the RISE PARTIES, (c) and assuming all risks of participating in this Activity, including travel to, from and during the Activity. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.