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.

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 www.jamsadr.com.

(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 www.jamsadr.com.

(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

Key Terms & Definitions and Our Privacy Policy
Personal Information
Children’s Privacy
Data Security
Supplemental Disclosures and Rights Based on State Law
International Users
Changes to our Privacy Policy
Contact Us
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 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.

TERMS OF SALE AND WAIVER OF LIABILITY

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”, “us” or “we”), I (“Customer”, “I” or “you”), for myself, my personal representatives, assigns, heirs, and next of kin agree to become bound by the terms of this agreement (the “Agreement”).

This Agreement incorporates our Terms of Use, our Privacy Policy, and Participant Agreement by reference. OUR TERMS OF USE CONTAIN LIMITATIONS OF LIABILITY AND A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING TO THIS AGREEMENT. If the Terms of Use, the Privacy Policy, or Participant Agreement are inconsistent with this Agreement, this Agreement shall control with respect to the subject matter contemplated herein.

The materials made available on this website (collectively, the “Information”), which is intended to be accessed by customers of RISE, are licensed, not sold, to each Customer for use only for Customer’s use in connection with the purchase of tickets for RISE Festival (the “Event”) under the terms of this Agreement.

IMPORTANT NOTICE: SECTION 17 OF THESE TERMS OF SALE INCLUDES A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT COULD IMPACT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 17 CLOSELY.

TICKETS INFORMATION. Customer acknowledges that the Information is the property of RISE and/or third parties who have granted us the right to distribute such Information. The license granted under this Agreement may be revoked at any time without compensation, including, but not limited to, in the event of a breach of this Agreement, misconduct, fraudulent activity, or violation of applicable laws or Event policies. No refund will be provided in cases of revocation due to the Customer’s actions. If Customer is obtaining tickets for, or providing any tickets and/or vehicle passes to, any other person(s), Customer recognizes that they are acting as that person’s agent in obtaining the tickets, and due to this agency relationship, Customer agrees to these Terms and Conditions on behalf of any person to whom they deliver any of the tickets they obtain, and they shall notify any such person of these Terms and Conditions when they deliver a ticket to them. If Customer has obtained a ticket and/or vehicle pass from another person, Customer also agrees to these Terms and Conditions when the ticket is delivered to them.
PURCHASE OF TICKETS. RISE may engage with third-parties as intermediaries for the venue operators, ticketing providers, and/or promoters (“Promoters”) of the Event. All sales made through this website, whether directly sold by us or by a Promoter, are subject to the terms of this Agreement. RISE is not responsible for the actions, omissions, or policies of third-party Promoters, including venue operators and ticket providers.
TERMS OF SALE. Tickets sold through this website or by a Promoter grant to the Customer only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. The terms of sale of each ticket issued are subject to any and all terms imposed by the applicable Promoter and the terms and conditions set forth on https://risefestival.com/tickets/. In order to be admitted to the Event, each Customer must present an original ticket in its original, undamaged, unaltered form, at the appropriate time. Entry may be refused for any reason, as determined in our sole discretion, including, but not limited to, misconduct, intoxication, under the influence of drugs, etc., behaving dangerously or inappropriately, demonstrating any other behavior likely to cause damage, injury, nuisance and annoyance or for failure to comply with the reasonable request of RISE or a Promoter, in each case as determined by RISE or a Promoter in their sole discretion.
WAIVER OF LIABILITY: RISE IS AN OUTDOOR EVENT HELD IN A REMOTE DESERT LOCATION THAT WILL CONTAIN FIRE, FLASHING LIGHTS, STROBE LIGHTS, FIREWORKS, LOUD SOUNDS AND NOISES, AND OTHER HAZARDS WITH THE POTENTIAL TO CAUSE SERIOUS BODILY HARM AND DAMAGE. AS AN OUTDOOR EVENT, ATTENDEES MAY BE SUBJECT TO THE ELEMENTS, INCLUDING RAINS, HIGH WINDS, FIRES, EXTREME HEAT OR COLD, SMOKE, LIGHTNING, DUST STORMS, SMOG OR NATURAL DISASTERS (SUCH AS EARTHQUAKES, TORNADOES, HURRICANES AND FLOODING). CUSTOMER HEREBY ACKNOWLEDGES THAT RISE IS NOT A TRADITIONAL FESTIVAL OR MUSIC EVENT BUT RATHER A HIGH RISK EVENT THAT CUSTOMER IS VOLUNTARILY CHOOSING TO PARTICIPATE IN. CUSTOMER ACKNOWLEDGES AND ASSUMES ALL RISKS ASSOCIATED WITH ATTENDANCE AT THE EVENT, AS WELL AS ANY RISKS OR DANGERS INCIDENTAL TO, OR IN ANY WAY RELATING TO, THE EVENT. This shall include but not be limited to activities associated with lanterns used at the Event, the purchase of tickets hereunder or use of our webpage and products, including those arising from, or relating to, the acts or omissions of third parties (including the Promoters, Event attendees, venue owners, operators, staff, employees or agents; or RISE, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including serious injury, including permanent disability and death, property damage, or other severe social and economic losses. Customer will be responsible for any personal property that they bring into the venue and RISE disclaims liability in case of loss, theft or damage to the personal property of the Customer. Customer certifies that they are physically able to participate in the Activities, including the Event, and that they have not been advised otherwise by a qualified medical professional and understands that they must bring enough food, water, shelter and first aid to survive the duration of the Event in a harsh desert environment. TO THE FULLEST EXTENT PERMITTED BY LAW, RISE AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY CLAIMS, DAMAGES, OR EXPENSES ARISING FROM CUSTOMER’S PARTICIPATION IN THE EVENT, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. RISE AND ITS DESIGNEES, SUCCESSORS OR ASSIGNS SHALL NOT BE HELD RESPONSIBLE, LEGALLY, FINANCIALLY OR OTHERWISE, (I) FOR ANY PERSONAL PROPERTY THAT IS LEFT, LOST, STOLEN, DESTROYED, CONFISCATED, DAMAGED OR MISPLACED ANYWHERE IN THE VENUE OR AT VENUE ACCESS/ENTRY POINTS, OR (II) FOR PERSONAL INJURIES SUSTAINED BY CUSTOMER ARISING FROM, OR RELATING TO, THE FOLLOWING NON-EXHAUSTIVE LIST: EXTREMELY LOUD SOUNDS AND SPECIAL EFFECTS, SUCH AS FLASHING LIGHTS, RAPIDLY CHANGING OR ALTERNATING IMAGES, THE USE OF FOG, HAZE OR SMOKE WITH THEATRICAL STAGE LIGHTING, LASER PROJECTIONS, STROBE LIGHTS, FIREWORKS, FIRE OF ANY KIND INCLUDING ASSOCIATED WITH LANTERNS USED AT THE EVENT, THE ACTIONS, INACTIONS, OR NEGLIGENCE OF RISE, ITS AFFILIATES, THE PROMOTERS AND THEIR AFFILIATES, THE PERFORMERS AT THE EVENT AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS AND AGENTS, AND/OR PARTICIPANTS IN THE EVENT; CONDITIONS OF THE PREMISES OR EQUIPMENT USED; POLICIES, RULES AND REGULATIONS REGARDING THE ACTIVITIES; TEMPERATURE; WEATHER; CONDITION OF PARTICIPANTS; THE WIDESPREAD USE BY PARTICIPANTS AND BY RISE ITS AFFILIATES, THE PROMOTERS AND THEIR AFFILIATES, THE PERFORMERS AT THE EVENT AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS AND AGENTS OF FIRE, PYROTECHNICS, FLAME EFFECTS, EXPLOSIONS, AND OTHER SIMILAR ACTIVITIES; VEHICULAR TRAFFIC, INCLUDING BUT NOT LIMITED TO CARS, BICYCLES, AND E-BIKES; AND (I) AIR TRAFFIC THAT INCLUDES PASSENGER AIRCRAFT AND REMOTE CONTROLLED AIRCRAFT (ALSO KNOWN AS “DRONES”), WHETHER SUCH INJURIES OR MANIFESTATION OF SUCH INJURIES OCCUR DURING OR SUBSEQUENT TO THE EVENT. Customer further acknowledges and fully understands that there may also be other risks that are not known or foreseeable at this time. Customer acknowledges that the festival will be held in a space filled with other event-goers and there is a risk of contagious diseases spreading in such a space, inclusive of transportation to and from the festival. Customer further acknowledges and agrees that RISE shall have no duty to mitigate Customer’s potential or actual losses sustained hereunder. CUSTOMER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING ANY ACTIVTY, INCLUDING THE EVENT, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY FOREVER WAIVES, RELEASES, DISCHARGES, AND HOLDS RISE, ITS AFFILIATES, THE PROMOTERS AND THEIR AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS AND AGENTS, HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, INJURIES, LOSSES, LIABILITIES, AND EXPENSES THAT CUSTOMER MAY HAVE OR THAT MAY SUBSEQUENTLY ACCRUE RELATING TO, RESULTING FROM OR ARISING OUT OF CUSTOMER’S PARTICIPATION IN ANY ACTIVITIES, INCLUDING THE EVENT, AND INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY, EVEN IF ARISING FROM THE NEGLIGENCE OF RISE, OR FROM THIRD PARTIES, AND CUSTOMER ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THEIR PARTICIPATION.
LIMITATION OF LIABILITY AND IMDEMNIFICATION: To the fullest extent permitted by law, RISE’s liability to Customer for any claim related to this Agreement or the Event is limited to the ticket price paid by the Customer. To the fullest extent permitted by law, in no event shall RISE be liable for indirect, incidental, consequential, punitive, or exemplary damages, even if advised of the possibility of such damages. IN THE EVENT OF A DISPUTE BETWEEN OR AMONG THE PARTIES, CUSTOMER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW NOT TO RAISE ANY CLAIM OR DEFENSE THAT THE FOREGOING LIMITATIONS SET FORTH HEREIN ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND CUSTOMER AGREES NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY LEGAL ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS LIMITATION OF LIABILITY AND/OR WHICH MAY PREVENT RISE FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS LIMITATION OF LIABILITY. BY AGREEING TO THE TERMS OF THIS PROVISION, CUSTOMER IS POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RISE, ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS AND AGENTS (“RISE INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING REASONABLE ATTORNEY’S FEES), CLAIMS, DAMAGES, INJURY, OR LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER TO PERSONS OR TO PROPERTY, RELATING TO, RESULTING FROM, ARISING FROM AND/OR IN CONNECTION WITH CUSTOMER’S PARTICIPATION IN THE ACTIVITES, INCLUDING THE EVENT.

NO WARRANTIES: The Event is provided “as is,” and RISE disclaims all implied warranties to the maximum extent permitted by law. RISE makes no warranties, express or implied, regarding the availability of tickets, the purchase of tickets, the Event, including its content, performers, the suitability of the venue, or the artists. RISE makes no representations or warranties or guarantees respecting the availability of potential seating, site configurations, food, beverage, and/or merchandise choices or availability, viewing capacity, format, site configuration, production quality, and/or overall production experience. If you do not agree with or do not intend to be bound by these terms, do not purchase a ticket, do not register for or utilize our services and or do not enter the venue or attend the Event.
NO REFUNDS OR EXCHANGES. All sales are final. No refunds or exchanges for tickets purchased through this website will be made. Each Promoter may have additional policies regarding refunds or exchanges, but we are entitled to retain all fees collected through this website for any Activities, Events or services performed in taking orders and delivering tickets, including shipping, handling and service charges.
EVENT CANCELLATION/CHANGES. Notwithstanding the issuance of tickets through this website, we, the venue operator, and/or a Promoter may cancel the Event, in each case in such party’s sole discretion. Also, we, the venue operator, and/or a Promoter may change the scheduled performers, or change the Event date without notice, in each case in such party’s sole discretion, and any such change will not be considered a cancellation of the Event. The risk of inclement weather at the Event, including excessive heat or extreme temperatures, wind, rain or precipitation, dust, or other weather conditions, is assumed by the Customer and the Event may be held regardless of weather conditions, as determined by us, the venue operator, and/or a Promoter. LINEUP AND CARD ARE SUBJECT TO CHANGE. We retain the right to change the line-up or schedule of the Event at any time and without notice, including the appearance of any specific artist and/or the occurrence of any previously scheduled or announced activity or event, and such changes shall not be considered a full or partial cancellation of the Event. We are entitled to retain all fees collected through this website, or the website of any Promoter, for any Activities, Events or services performed in taking orders and delivering tickets, including shipping, handling, and service charges, regardless of whether the Event is rescheduled or canceled.
FORCE MAJEURE: RISE shall not be liable for any failure or delay in performing its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, the weather, natural disasters, government restrictions or other actions taken by government agencies, changes in law, lack of materials from suppliers and vendors (or delays in the supply thereof), cyberattacks, riots, war, lockouts, pandemics, strikes, protests or other unforeseen events (“Force Majeure”). RISE reserves the right to reschedule or cancel the Event in such circumstances. Such rescheduling or cancellation does not entitle the Customer to a refund, even if the Event is terminated early or canceled, or entry conditions are modified due to a Force Majeure. Customer agrees that Rise, the Promoters, their affiliates, and each of its and their respective officers, directors, employees, partners, contractors and agents are not liable for any Force Majeure.
TREAT TICKETS LIKE CASH. Lost or stolen tickets will not be replaced. You unconditionally accept the risk of loss and/or theft of any ticket.
RECORDING POLICY. No cameras or recording equipment of any kind are allowed at the Event. A violation of this policy will be grounds for revocation of all tickets issued to Customer and/or ejection from the Event.
CONSENT TO USE OF LIKENESS: Customer acknowledges that people, including RISE, its affiliates and their designees, are using film, video, and photographic cameras, audio recorders, live streaming devices, and other means of capturing media at the Event, and that Customer’s name, image, likeness, voice, actions, and statements (“Personal Attributes”) may be captured on film, video, photographs, audio recordings, streams, or other media that may be displayed or disseminated simultaneously or subsequently without Customer’s consent or payment of compensation to Customer, and Customer hereby releases RISE and its affiliates from any liability due to such capturing, display, or dissemination. By attending the Event, Customer grants RISE and its affiliates the right to use their Personal Attributes in any photographs, videos, other recordings or other media taken at the Event for promotional or commercial purposes, in any context and without compensation or further approval or authorization.
Conduct At Event. Customer hereby agrees to comply with all policies and procedures applicable to the Event established by RISE or any Promoter, including the Participation Agreement (the “Policies”). At the Event, Customer must at all times follow the instructions issued by RISE, its affiliates, and its and their employees and agents, the Promoter and its employees and agents, and the police, the members of the security detail, the fire brigade, the medical personnel, or those instructions otherwise announced or posted at the venue. In our sole discretion, we may, at any time, refuse admission or revoke a Customer’s right to attend the Event due to violation of the Policies and in which case, no refund shall be provided. Customer understands and agrees that Customer attendance at the Event is contingent upon Customer’s unconditional and voluntary acceptance to be searched for the presence of drugs, weapons and/or other prohibited items prior to admission to the Event and/or at any time thereafter. If any of these items are found, the license for admission shall be immediately revoked or Customer will be immediately removed from the Event (Customer’s refusal to submit to such a search shall also lead to the immediate revocation of the license and denial of admission to or immediate removal from the Event)
Medical Treatment. Customer consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases RISE and all persons participating in such medical treatment from all responsibility for any such actions.
MINORS. Customer understands that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and if Customer brings a minor to the Event, Customer agree to the contractual terms contained in this Agreement on behalf of the minor.
GOVERNING LAW: This Agreement shall be governed by the laws of Nevada.
IMPORTANT BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

CLASS ACTIONS WAIVER: BOTH PARTIES AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS, AND NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR IS NOT AUTHORIZED TO CONSOLIDATE CLAIMS FROM MULTIPLE INDIVIDUALS OR PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. HOWEVER, THE ARBITRATOR MAY GRANT ALL RELIEF AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, BUT ONLY AS AUTHORIZED BY LAW AND JUSTIFIED BY THE CLAIMS.

It’s important to understand how we handle disagreements. If any issues arise concerning this Agreement, we aim to resolve them amicably. However, if a dispute can’t be settled through discussion, we’ve agreed to use binding arbitration or small claims court (if your claim qualifies) to reach a resolution. THIS MEANS YOU AND RISE WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

Either you or RISE can still bring an individual action in small claims court if it qualifies. Also, disputes related to intellectual property theft, piracy, or unauthorized use can be brought in state or federal courts.

Arbitration will be conducted under the Commercial Arbitration Rules (or the Consumer Arbitration Rules, if applicable) of the American Arbitration Association (“AAA”), as modified by this Agreement. A single arbitrator will oversee the arbitration, and the arbitrator will have the authority to decide all issues related to the dispute, including the scope, enforceability, and applicability of the arbitration agreement. The parties agree to use the “rank and strike” method to select an arbitrator. The arbitration hearing will be held at a location in the United States that’s reasonably convenient for both you and RISE. If we can’t agree on a location, the AAA will decide. This arbitration requirement remains in effect even after the termination of this Agreement or any other agreement between the parties. The payment of filing, administrative, and arbitrator fees will be governed by the AAA Rules. If you initiate arbitration and seek relief valued at $10,000 or less, we will advance all costs and fees, subject to potential reimbursement. If the relief sought exceeds $10,000 and you demonstrate that arbitration costs would be higher than court costs, we will pay the additional costs. If the arbitrator finds your claims to be frivolous, you will be responsible for reimbursing us for the costs we advanced.

You can choose not to be bound by this arbitration agreement and class action waiver. To opt out, you must send a written notice to RISE within thirty (30) days of first using RISE Services or agreeing to this Agreement. The notice should be emailed to info@risefestival.com and include the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”.

ENTIRE AGREEMENT: This Agreement, including all documents incorporated by reference, constitutes the entire understanding between RISE and the Customer regarding the Event and supersedes any prior agreements or representations.
SEVERABILITY: If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties.
MODIFICATIONS TO THE AGREEMENT: We may modify the terms of this Agreement at any time. When we do so, we will notify you when you visit our website.
TRADEMARKS. Customer acknowledges that “RISE” and the RISE logo/symbol are registered trademarks of RISE; and that RISE has the exclusive right to license and enforce those trademarks along with its other intellectual property (collectively, “RISE Intellectual Property”). WITHOUT THE PRIOR WRITTEN CONSENT OF RISE, CUSTOMER UNDERSTANDS THAT CUSTOMER MAY NOT USE ANY RISE INTELLECTUAL PROPERTY OR EVENT CONTENT IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION, IN MUSIC VIDEOS OR IN POSTS ON COMMERCIAL SOCIAL MEDIA ACCOUNTS), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by this Agreement or constitutes a fair use under United States law.
Consent to Electronic Contracting and Communications

You agree to receive the terms of this Agreement, including the Consent to Electronic Contracting and Communications, through the RISE website. You may refuse to agree to this Agreement by exiting the website and not purchasing tickets from us.

You consent to receive disclosures from us electronically through this web site under the terms set forth in this Agreement. You agree that we may provide electronically any and all communications concerning your tickets and any disclosures required by federal or state law. Your consent applies not only to any tickets that you buy and the website that you visit but also to any ancillary agreement related to these and to any future tickets you may obtain through us.

You may use your browser to print copies of this Agreement. Your ability to read and agree to this Agreement demonstrates that you have the necessary hardware and software to receive and save this Agreement. Upon your request, we will provide you with a paper copy of this Agreement, which we have provided to you electronically. If you would like a free paper copy of this Agreement, please e-mail us at info@risefestival.com.

Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us.

To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosure to us at info@risefestival.com. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please e-mail us at info@risefestival.com.22. Privacy Policy. Information provided to RISE in connection with the purchase of Event tickets is covered by the Rise Festival Privacy Policy, available at www.risefestival.com. Ticket orders are processed in collaboration with independent service providers, and the use of information provided in connection with these transactions is also governed by the privacy policies of those providers.