TERMS OF USE

Kindred Events LLC (“Kindred”, “we”, “our”, or “us”) owns and operates this website, www.kindred.live (our “Site”). We offer our Site, including all information, products and services available from our Site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of our Site constitutes your agreement to all such terms, conditions, policies and notices.

These Terms of Use contains a binding dispute resolution and waiver of class action claims clause. Please read it carefully as it affects your rights.

1. Acceptance of Terms of Use

You agree to the terms and conditions outlined in these Terms of Use with respect to our Site. These Terms of Use constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Site, the content, products or services provided by or through our Site, and the subject matter of these Terms of Use. We reserve the right to change these Terms of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting thereof on our Site, but will not apply retroactively. You acknowledge and agree that it is your responsibility to review our Site and these Terms of Use periodically, and to be aware of any modifications. Your continued use of our Site after such modifications have been made will constitute your acknowledgment of the modified Terms of Use.

2. Copyright

The Site, including the content, organization, graphics, design, compilation, digital conversion and other matters on or related to our Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of our Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through our Site. The posting of information or materials on our Site does not constitute a waiver of any right in such information and materials.

3. Service Marks

Products and names mentioned on our Site may be trademarks of their respective owners.

4. Limited Right to Use

The accessing, viewing, browsing, printing, or downloading of any content, graphic, form or document from our Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for reverse engineering, republication, distribution, assignment, sublicense, sale, preparation of derivative works, scraping, or other use. Any other use is prohibited without our prior, express permission. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use except with our prior, express permission. You may not use the Site or any information or content on the Site to create a competing website, product, or service. You agree that all of your use of our Site will comply with applicable laws.

5. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on our Site.

6. Indemnification

You agree to indemnify, defend and hold harmless Kindred and its affiliates and subsidiaries, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your violation of these Terms of Use or any activity related to your account or password (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Site using your account or password. If you cause a technical disruption of our Site or the systems transmitting our Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

7. Nontransferable

Your right to use our Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

8. Disclaimer and Limits

THE SITE AND ALL INFORMATION FROM OR THROUGH OUR SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW. THE SITE AND THE INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT AS OTHERWISE REQUIRED BY LAW. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. OUR SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION ON OUR SITE.

9. Feedback

We will not be required to treat any remarks, suggestions, ideas, graphics, material or other information communicated by you to us through our Site (collectively, the “Submission”) as confidential, and we will not be liable for any ideas (including without limitation, product, service or advertising ideas), and we will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, you hereby grant us with a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use each Submission in any form or medium, now or hereafter existing, or in any language during the full term of the copyright therein and throughout the world. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever Submission you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, and originality.

10. Third-Party Services

We may allow access to or advertise third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION, SERVICE, OR PRODUCT APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

11. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

12. Privacy Policy

We may or may not use information that we receive or collect through our Site in any manner. Our Privacy Policy (available at https://www.kindred.live/privacy-policy/), as it may change from time to time, is a part of these Terms of Use.

13. Payments

You represent and warrant that if you are purchasing something from us or from Merchants on third-party sites that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

14. Links to Other Websites

Our Site may contain links to other websites. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICE PROVIDED ON SUCH WEBSITES, AND SUCH WEB SITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

15. Information and Press Releases

OUR SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

16. Dispute Resolution

This section affects your rights. Please read it carefully.

Any dispute or claim relating in any way to your use of the Site that cannot be resolved between you and Kindred will be finally and exclusively resolved by non-appearance based binding individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes. You and Kindred hereby expressly waive trial by jury. You may assert your claim in small claims court if your claim qualifies. You may only bring claims on your own behalf. You and Kindred agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. This arbitration agreement will survive the termination of your relationship with Kindred. You and Kindred agree that you or Kindred may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to contact@kindred.live or via the mailing address listed below.

17. Compliance with Non-U.S. Law

We do not make any representation that the Site or the content or services we provide through the Site, is appropriate to or available in locations outside of the United States. You may not use the Site or export User Content in violation of United States export laws. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.

18. Miscellaneous

The headings in these Terms of Use are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with our Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms of Use shall for all purposes be governed and construed in accordance with the internal law of the State of New York, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any state or federal court located in New York County, New York. You irrevocably submit and consent to the personal jurisdiction of such courts.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, or if you would like us to update certain information you have provided to us or your communication preferences, contact us by:

E-mailing us at: contact@kindred.live

Writing us at:
Kindred Events LLC
19W 24th Street, 3rd Floor, New York NY, 10010