In order for the purchaser and/or holder (hereinafter referred to as “You” or “Your”) of a valid wristband or ticket (“Ticket”) to enter the event (the “Event”), You must possess a valid Ticket that permits access to the Event and check in at marked locations during specified time periods.
ARTICLE 1: YOUR TICKET
Please be advised, the purchase and/or use of a Ticket to, and/or entry into, the Event shall constitute Your unconditional acceptance to be bound by (i) any and all of the terms and conditions contained within this agreement (this “Agreement”) between You and Launch Pad Foundation (the “Company”) to attend all or part of the Event and (ii) Company’s privacy policy (“Privacy Policy”), which can be found at www.cosmi.co/privacy. For the avoidance of doubt, Your presence at the Event will be governed by this Agreement and the Privacy Policy.
For safety reasons, Company reserves the right to, without any prior notice or compensation to You: postpone, cancel, interrupt or stop the Event; provisionally keep visitors on the Event site at the end of the Event; totally or partially vacate the Event site; and deny access to the Event site regardless of the possession of a valid Ticket.Subject to the limitations of this Agreement, the Company reserves the right to change, modify, or alter any aspect of the Event (including, without limitation, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You. You understand that the artists and/or lineup for the Event may be changed and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your Ticket.
You understand, acknowledge, and agree that the names of any artist, act or performer contained in any Event promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice.
EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL. THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THE EVENT IS A RAIN OR SHINE EVENT.
If the Event is cancelled in whole, or in part, due to a Force Majeure Event (as defined below), You will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company’s sole and absolute discretion, a partial or full refund of Your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A “Force Majeure Event” shall mean an act of God, act or threat of terrorism, earthquake, wildfire, flood, tsunami, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority (local, state and/or federal), riot or civil commotion, national state of emergency or mourning, enactment, rule, order or act of any government or governmental instrumentality (including mandate to reduce venue capacity), epidemic/pandemic (including, without limitation, COVID-19 or any variants or mutations thereof), severe weather threatening the safety of Event attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Company. You understand that in all instances, the maximum remedy You may receive for any cancellation of any part of the Event, if any, will be the face value of Your Ticket, excluding all fees, taxes and/or service charges paid by You in connection with the purchase of Your Ticket.
By entering the Event, You assume any risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Event, whether occurring prior to, during, or subsequent to, the Event, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence at the Event, whether occurring prior to, during or after the Event, including, but not limited to, any actions or omissions of the Company Parties (as defined herein).
You acknowledge and understand that the Ticket is a revocable license to attend the Event, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or federal law, or that may endanger other ticketholders.
ARTICLE 2: TICKET AND IDENTIFICATION REQUIRED
To enter the Event, You must have Your own valid Ticket. One (1) Ticket is required per attendee and will only be valid on the day(s) of the Event and area(s) of the Event as indicated on the Ticket.
Your Ticket is not redeemable for cash. There will be no replacements for Tickets that are lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your Ticket. Your Ticket is intended for You only. In no instance shall You share Your Ticket with any person(s) attending or attempting to attend the Event. If You are discovered to be sharing Your Ticket with another person(s), Company reserves the right, in its sole discretion, not to grant You access to the Event or eject You from the Event.
To ensure that Your Ticket is valid, purchase Your Tickets from Easol (“Easol”) or any other Company-authorized sale channels listed on the official Company website, located at www.cosmi.co. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
If You purchase Your Ticket using the installment plan option offered by Easol, then Your purchase will be subject to the Easol installment plan terms and conditions, as applicable.
If You have any questions or concerns regarding ticketing for the Event, including, but not limited to, payment plans, please contact Easol customer support directly.
You must submit Your Ticket for validation upon entry into the Event.
There is no minimum age requirement for the Event; provided, however, You must be twenty-one (21) years of age or older to purchase and/or consume alcohol and proof of age is required.
You must have one of the following forms of approved identification to enter the Event that demonstrate proof of age. No exceptions will be made, even if You are accompanied by an adult or a person with valid identification. Failure to provide valid identification shall preclude You from entering the Event and You shall not be entitled to any refund nor will You be entitled to, or will the Company be liable for, any other damages, including, but not limited to, incidental and/or consequential damages. In addition, during the Event, You must be able to provide valid identification if requested by a member of security or crew. If You are not able to show a valid identification, You may be promptly ejected from the Event without the opportunity to return to Your locker, and You shall not receive a refund of Your Ticket.
The following original forms of identification are ACCEPTABLE:
Government-Issued Passport;
Driver’s License (U.S. or Canada);
Military Identification Card with Photo; or
Government-Issued Identification Card with Photo.
The following forms of identification are UNACCEPTABLE:
Expired Identification Card;
School Identification Card;
License/Identification Card issued in countries other than the U.S. or Canada;
Birth Certificate;
Social Security Card;
Federal Immigration Card;
Voter Registration Card; and
Copies of any acceptable forms of identification.
ARTICLE 3: SECURITY CHECK
Access to the Event site is PROHIBITED and refused to, but not limited to, people who:
Are under the influence of illegal drugs or any other illegal substances;
Are clearly suffering from alcohol intoxication which, in Events staff’s sole discretion, has caused You to be in an impaired state;
Have been previously banned from festivals and/or other events by the organizer, the administration or legal authorities;
Are demonstrating an intent to disturb the peace or to provoke someone else to do so;
Engage in fighting or disruptive behavior;
Use foul language;
Wear clothing with obscene or indecent language;
Resist the direction of and search by the Event security guards and security services;
Refuse to declare and forfeits objects that are prohibited, as set forth herein;
Distribute flyers or posters on or near the Event site. If You would like to promote one of Your events, then please visit the official Company website for more information; and
Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof.
Please note all ticket holders will be searched upon entering the Event site. Security guards will inspect all objects brought onto the Event site including, but not limited to, clothing, luggage and other personal items in order to detect objects that may disrupt the course of the Event, jeopardize the safety of other ticketholders, or disturb the peace. Security guards may search any persons and property on the Event site at any time, including, but not limited to, storage lockers, and confiscate any prohibited items, in their sole discretion. Given the volume of attendees, it is not guaranteed that these objects will be returned to You. For that reason, please read Article 4 carefully.
ARTICLE 4: FORBIDDEN OBJECTS
A non-exhaustive list of prohibited items for the Event can be found on the website, subject to the following:
No pets unless (i) the pet is a service animal, and You are a person with disabilities, or (ii) the pet is a service animals in-training, You have appropriate apparel for the pet and have on Your person credentials from an accredited school for which the animal is being raised. Please e-mail Your questions regarding service animals to the Company at chris@cosmi.co or visit the official Company website for details at www.cosmi.co
If You bring any of the items on the prohibited items list into the Event, such items will be confiscated and/or discarded and You may be subject to removal from the Event based on the sole discretion of Company. Under no circumstances will Company hold any prohibited items for You.
PLEASE RESPECT YOUR BODY AND MIND. ALL PERSONS AND PROPERTY ARE SUBJECT TO SEARCH AND YOU MAY BE REQUIRED TO TAKE OFF YOUR SHOES DURING THE SEARCH. COMPANY HAS A ZERO TOLERANCE FOR ILLEGAL ACTIVITIES. THE USE OF ILLEGAL DRUGS AND UNDERAGE DRINKING IS NOT PERMITTED. ANYONE FOUND WITH ILLEGAL DRUGS WILL BE SUBJECT TO REMOVAL FROM THE EVENT AND WILL NOT BE ALLOWED BACK IN.
ARTICLE 5: CONDUCT AT THE EVENT
At the Event, it is forbidden to:
Try to access or be in sections restricted to certain ticketholders unless in accordance with Your Ticket or credentials, such as production rooms, artists’ lodges, VIP zones, press rooms, offices, backstage and working areas;
Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the Event site;
Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the Event site;
Wear a disguise or obstruct Your face to avoid being recognized;
Display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of Event staff or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, hate speech or discriminatory;
Be under the influence of illegal drugs or any other illegal substances;
Be clearly suffering from alcohol intoxication that, in Events staff’s sole discretion, has caused You to be in an impaired state;
Disturb the peace, demonstrate an intent to disturb the peace or provoke someone else to do so, or compromise the safety of the general public;
Sell drinks, food, or any other product without the express consent of the Company;
Throw or shoot any object or liquid, or throw or shoot any other product in loose or gaseous form;
Smoke in the non-smoking areas;
Urinate in public;
Re-enter the Event after being removed or banned from the Event, even if You are in possession of a new Ticket (such Ticket will not be refunded);
Deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations, infrastructure or part of the Event site;
Litter or fail to maintain the cleanliness of the Event site;
Resist the direction of, and search by, security personnel;
Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Event’s security personnel — security personnel are under no obligation to return such forfeited items; and
Act in violation of the provisions of one (1) or more articles of these regulations or the spirit thereof.
You must heed the directions of Event organizers and security personnel at all times whilst on the Event site. If You fail to comply with such directions, You will be removed from the Event site, and, if necessary, Event staff may call on the police for assistance.
ARTICLE 6: RE-ENTRY
Ticketholders that exit the Event will have to purchase a new Ticket to re-enter the Event the same day.
If You are removed from the Event, Your ticket shall not be refunded and You will be denied re-entry, even if You are in possession of a new Ticket. If You have a new Ticket, Event staff may seize that Ticket and You shall not receive a refund.
ARTICLE 7: UNAUTHORIZED SALE OR USE OF TICKET
Anyone caught forging entry tickets or any other special admission tickets to access or sell such tickets to the Event will be prosecuted without exception. Counterfeit tickets will not be honored or refunded by the Company and Your purchase of such ticket(s) is not binding on the Company whatsoever.Anyone caught
tampering with or sharing their Ticket will be immediately ejected and banned from the Event.
Tickets may not be resold without prior explicit permission from the Company. Tickets which appear to have been resold without permission from the Company will not be honored or subject to a refund.
The resale, attempted resale, or purchase of Your Ticket at a price higher than the official purchase price from the authorized ticket agent Easol, or other Company-authorized sale channels, is grounds for seizure and cancellation of Your Ticket without compensation. The only valid tickets are those purchased and/or redeemed through Easol or other Company-authorized sale channels listed on the official Company website.
Tickets may not be used in association with any giveaway, sweepstakes, contest or similar activities, including, but not limited to, as a prize or incentive, without the Company’s prior written consent. Any Ticket so used will automatically become void at the Company’s sole discretion with no refund to You and/or the ticketholder.
ARTICLE 8: RECORDINGS
By attending the Event, You understand, agree and acknowledge that (i) You may be photographed and filmed, and (ii) You hereby provide the Company with Your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation to You. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Event (the “Footage”) and may also be used by or on behalf of the Company or any of the Company’s parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used to identify and facilitate the prosecution of illegal or impermissible conduct.
At the Event, there will be camera surveillance for the purpose of ensuring the safety and proper operation of the Event. The Footage may be registered or stored by the Company or governmental authorities for the purpose of ensuring the security and safety of Event attendees and the enforcement of and compliance with the safety regulations on the Event site.
Any recordings made by ticketholders on or near the Event site may not be used for commercial or public purposes, unless consented to by the Company (including, without limitation, having ads run on or beside such videos on YouTube and other video sharing websites). Non-professional grade small video cameras and cameras are allowed at the Event site.
ARTICLE 9: MERCHANDISE
Official T-shirts and other Event souvenirs are only on sale within the Event site.
Unless You have received written permission from the Company, You may not sell any items at the Event. Unauthorized sale of goods at the Event may result in Your removal from the Event.
ARTICLE 10: PARKING
The Company disclaims all responsibility from losses or damage to vehicles parked on or near the Event.
The Company is not responsible for losses or damage to any vehicle towed from the Event site.
ARTICLE 11: REFUSE
You must maintain the cleanliness of the Event site and dispose of refuse properly. The collecting points for garbage and recycling on the Event site will be clearly indicated.
The bathroom facilities at the Event are free of charge. It is forbidden to use any other location as a bathroom facility.
ARTICLE 12: ZERO TOLERANCE DRUGS POLICY
The Company has a zero-tolerance policy regarding illegal drugs. It is forbidden on the Event site to: (i) use, distribute, sell and/or to be in possession of illegal drugs; and (ii) distribute, sell or improperly use prescription or over-the-counter drugs. You understand and agree that Your use of the Ticket is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticketholders, and/or other prohibited items prior to Your admission to the Event site, and/or at any time thereafter. If any of these items are found, this license for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the Event. Notwithstanding the foregoing, You are permitted to bring into the Event prescription drugs if You have a valid prescription with Your name clearly listed on the prescription. You will only be allowed to carry the dosage of medication required for the duration of the Event.
If You are in violation of this rule, You will be immediately ejected from the Event site. The Event staff will closely monitor any potential illegal or prohibited drug activity, relying in part on security cameras placed throughout the Event site.
Company may choose to, but shall not be required to, offer amnesty bins at the Event.
By entering the Event site, You consent to be searched by Event staff. If You refuse to submit to a search by Event staff, You will be denied entry to, or ejected from, the Event site.
ARTICLE 14: ADA ACCOMMODATIONS
If You would like additional information about available ADA accommodations, please e-mail the Company at info@cosmi.co or visit the official Company website for details at www.cosmi.co
ARTICLE 15: EVENT SAFETY
Due to weather or other conditions, the floors and/or Event grounds may in whole, or in part, slippery.
WARNING: THE EVENT USES SPECIAL EFFECTS, WHICH MAY BE CONSIDERED DANGEROUS, PARTICULARLY TO PERSONS THAT ARE PREGNANT OR SUFFER FROM CERTAIN CONDITIONS, SUCH AS EPILEPSY OR PHOTOSENSITIVITY. By entering the Event, You acknowledge and agree that You may be subject to extremely loud music and sounds, as well as special effects, including, but not limited to, laser lights, strobe lights, flashing lights, a variety of light emitting diodes (“LED”), rapidly changing or alternating images, and use of smoke, fog, and pyrotechnics (collectively, the “Special Effects”) at the Event. You assume all risks of any property damage or personal injuries including, but not limited to, hearing loss, seizures, and other health conditions incidental, relating to, or arising from extremely loud music and sounds, and the Special Effects, whether occurring prior to, during, or after, the Event. If You are experiencing a negative reaction to the Special Effects, please locate medical personnel immediately.
ARTICLE 16: MEDICAL CARE
You hereby consent to medical care and transportation in order to obtain treatment in the Event of injury as Event staff, security, police or medical professionals may deem appropriate in their reasonable discretion. You understand this waiver extends to any liability that arises out of, or is in any way connected with, the medical treatment and transportation provided in the event of an emergency and/or injury.
You hereby agree to release and hold harmless the Company Parties from any liability arising out of or in connection with the actions or omissions of the Company Parties related to Your medical care.
You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. By entering the Event site, You voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, which You may sustain as a result of attendance at the Event or while on the premises, except to the extent caused by the gross negligence or willful misconduct of the Company Parties.
ARTICLE 17: INDEMNIFICATION
You hereby indemnify and hold harmless Launch Pad Foundation, Dawn Ranch Lodge, their related and affiliate companies, and each of their respective representatives, officers, directors, owners, members, managers, shareholders, attorneys, agents, employees, sponsors, partners, promoters, and the performing artists, including, but not limited to, their respective management, agents, staff, and designees (collectively, the “Company Parties”) harmless from any loss, liability, damage or cost in any way arising out of, or related to, Your actions and omissions at, around, or while traveling to and from, the Event.
You hereby waive, discharge, hold harmless and covenant not to sue the Company Parties from any and all liability arising out of, or in connection with, the Event, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the Event, Your attendance at the Event, or Your travel to and from the Event, except to the extent caused by the gross negligence or willful misconduct of the Company Parties. The foregoing release expressly includes, without limitation, any risk of contracting COVID-19, or any other sickness, virus, or disease, which could lead to serious illness or death.
IN NO EVENT WILL THE COMPANY PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE EVENT TO CONFORM TO THESE RULES, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE EVENT, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF EVENT STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EVENT IS TO LEAVE THE EVENT. THE LIMITATIONS IN THIS ARTICLE 17 SECTION 3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY YOU.
ARTICLE 18: MISCELLANEOUS PROVISIONS
In no event shall the Company Parties be liable for any claim unless written notice is given within six (6) months from the date of the loss. No suit for any cause may be maintained against the Company Parties unless it is commenced within one (1) year after the Event. The parties hereto specifically consent to personal jurisdiction in the State of Texas.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU KNOWINGLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE OR CONFLICT IN CONNECTION WITH THIS AGREEMENT.
These terms shall be governed by and construed under the laws of the State of California. Any controversy or claim arising out of or relating to these terms shall be brought only in the courts located in the State of California.
You understand that the Company Parties and all other related parties, including, but not limited to, each of the Company Parties and the related parties’ management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Event site regardless of fault or reason, so act accordingly. Any losses incurred by You under this Article 18, Section 4 shall be subject to Article 17, Section 1 above. The Company recommends that You do not bring any valuables to the Event.
You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between You and the Company with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and the Company. You further confirm that there are no other agreements between You and any of the other Company Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to You. Any updates to these terms and conditions will be posted to this website address.
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. Company’s failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Revision Date: November 7, 2023
Thank you for visiting our website (“Website”), a service of Launch Pad Foundation d/b/a Cosmico (or its subsidiaries and affiliates, including the owner of the website or page from which you accessed these Terms of Use) (referred to collectively in this policy as “we,” “us,” “our” and other similar pronouns). Please read these Terms of Use carefully before using this website, any of our mobile applications or other online or mobile services (collectively the “Website”). By accessing the Website, you agree to be bound by these Terms of Use and any additional terms and conditions that you may be asked to agree to when interacting on the Website (including contest or sweepstakes rules).
You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, please do not use this Website.
THESE TERMS OF USE CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.
We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we will provide prominent notice on the Website when we make a material change to these Terms of Use. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified.
Contents
Rules of Conduct
Ownership Of Website Content And Submissions
Responsibility For Public Postings And Content
Website Registration and Log In
Electronic Communications
Copyright Infringement Notices
Indemnification
Disclaimer of Warranties
Limitations Of Liability
Binding Individual Arbitration
Changes To This Website
Suspension Or Termination Of Access
Linking Policies
General
Rules Of Conduct
There are a few rules of conduct that you are required to follow when you use the Website:
Do not “harvest” (or collect) information from the Website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so).
Do not use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website. This prohibition does not apply to search engines accessing the Website solely for web indexing purposes.
Do not “stream catch” (download, store or transmit copies of streamed content).
Do not obtain, or attempt to obtain, unauthorized access to any restricted areas of the Website or our systems.
Do not circumvent or reverse engineer the Website or its systems.
Do not restrict or inhibit another user or users from using and enjoying this Website.
If you post something to this Website, such as comments or other content, do not post anything that:
infringes any third party intellectual property right (such as copyrights),
is defamatory (i.e., something that is negative and untrue about another person or entity),
divulges another person’s or entity’s confidential or private information or trade secret,
is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
encourages criminal conduct,
advertises or solicits business for products or services other than those that are offered and promoted on this Website, or
contains any virus, malware, spyware or other harmful content or code.
Ownership Of Website Content And Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Website. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Website unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you submit or post any materials or content to this Website, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility For Public Postings And Content
Responsibility for what is posted in public areas of our Website lies with each user. We do not control the material that you or others may post or otherwise make available in public areas of the Website, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so at our discretion. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Website Registration and Log In
You may be required to register and create an account on the Website in order to access certain features or areas of the Website.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Electronic Communications
The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to ATTN: Legal Cosmico Po Box 22389 Pmb 78424; Nashville, TN 37202 or by email to chris@cosmi.co. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Website. We have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.
Indemnification
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of this Website, your submissions to this Website, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this Website.
Disclaimer Of Warranties
THIS WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
THE INFORMATION ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE,
THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS WEBSITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE WEBSITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations Of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS WEBSITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE WEBSITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC WEBSITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Binding Individual Arbitration
It is our goal that the Website and the products and services offered meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, we committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us or our affiliates you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to:
Launch Pad Foundation, Po Box 22389 Pmb 78424; Nashville, TN 37202 ATTN: LEGAL.
You agree to negotiate resolution of the dispute in good faith for no less than 60 days after you provide notice of the dispute. If we or our affiliate you have a dispute with does not resolve your dispute within 60 days from receipt of notice of the dispute, you, us or our affiliate you have a dispute with may pursue your claim in arbitration pursuant to the terms in this Section.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Website or these Terms of Use, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or the applicable third party(ies). You and we acknowledge that the these Terms of Use affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA“). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either Davidson County, Tennessee or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to Davidson County, Tennessee in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Continuation. This Section shall survive any termination of this Terms of Use or the provision of the associated services to you.
Exclusions from Arbitration. YOU AND US AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ON LOCATION EVENTS, LLC, 3575 PIEDMONT ROAD, SUITE 950, ATLANTA, GA 30305, ATTN: LEGAL AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
Jury Waiver. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
***YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
Changes To This Website
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Website or any portion of the Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension Or Termination Of Access
We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Linking Policies
The Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such websites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such websites. When you visit a linked website you should read the terms of use and privacy policy that govern that particular linked website.
We welcome links to this Website so long as: (i) this Website opens in a new browser window which displays the full version of a page of this Website (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on this Website), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this Website; and (ii) this Website is not display framed within or obfuscated by other content. You may not use on your Website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website.
General
Jurisdictional Issues Applicable Law and Venue. We control and operate the Website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this Website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A TENNESSEE STATE COURT SITTING IN DAVIDSON COUNTY. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN THE FEDERAL OR STATE COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
No Third Party Beneficiaries. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.
Last Updated: January 2021