LIMITATION OF LIABILITY

1. ONDALINDA disclaims liability arising out of use of the Sites, attendance at an event, or any ONDALINDA affiliated activity. In no event will we or our members, managers, officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, lost registration fees, profits, goodwill, use, data, lost real estate opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the Site or the services (including Your attendance at one of our events), regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and any third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our Sites.
2. Without limiting the foregoing, we do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Sites and we cannot guarantee that any files that You download are free from viruses, contamination or destructive features. While we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that the information on the Sites itself will be free from errors or omissions. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.
3. Access to the Sites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. All content and services on the Sites are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty, and hereby disclaim all express or implied warranties, in respect of the Sites or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Sites, including without limitation the implied warranties of non-infringement, merchantability, data accuracy, fitness for a particular purpose and quiet enjoyment. Any decisions or action taken by You on the basis of information provided on or via the Sites are at Your sole discretion and risk and You should obtain individual professional advice where necessary.

CODE OF CONDUCT

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

1. Restrict or inhibit any other person from using the Site.
2. Use the Site for any unlawful purpose.
3. Express or imply that any statements you make are endorsed by us, without our prior written consent.
4. Impersonate any person or entity, whether actual or fictitious, including any ONDALINDA employee or representative.
5. Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
6. Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
7. Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
8. Engage in spamming or flooding.
9. Harvest or collect information about Site users.
10. Order, or attempt to order, a number of tickets for an Event that exceeds the stated limit for that event.
11. Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer.

If You are a Member, we reserve the right to suspend or terminate, at our discretion, Your Account for violations of our rules, guidelines, or Terms of Service. Specifically:

1. You may not sell, trade, or transfer a Your Account to another person, nor accept or use an account that did not originally belong to You. If an account violates these Terms of Service, the account will be terminated immediately.
2. Your participation is based upon the assumption that all information You provide regarding yourself is truthful and accurate. Misleading or false information is sufficient reason for us to terminate Your Account.
3. You represent that You have the proper authorization to submit all content that You submit to the Sites or through the Services. You will be entirely responsible for each individual item of content that You post on the Sites (the “Content”), and, as between You and us, You retain ownership and any intellectual property rights in the content You post. You agree to grant us a non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license to use, reproduce, distribute, publicly display, publicly perform, modify, make, have made, sell, offer for sale, import and otherwise exploit the Content in all media now known and later developed, and to allow others to do the same.
4. We reserve the right to remove any Content posted by You or other members at our sole discretion, for reasons including but not limited to that the Content is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party's intellectual property or privacy.
5. While we do our best to monitor the content of the Sites, You understand and agree that You may encounter material with which You disagree or find objectionable, and that You use the Sites with this understanding and acceptance, and do not hold ONDALINDA liable.
6. We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted on the Sites or elsewhere, nor do we endorse opinions expressed on the Site or elsewhere.
7. Use of the ONDALINDA name and/or logo for any purpose, event or promotion without our express written consent is prohibited and may result in the termination of the Member’s Account on the Site and access to future Events.
8. You alone are responsible for the confidentiality and security of Your Account, username, password and usage. You are also accountable for all activities regarding Your Account, with or without Your knowledge or permission. If You knowingly provide Your log-in information to another person, Your Account may be suspended temporarily or terminated. ONDALINDA assumes no liability for activities of Your Account accessed through Your password and username. You may not use the Sites for any illegal purpose in any country or jurisdiction. You agree to notify us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to protect Your password or Account information.
9. You are not permitted to post Content or initiate any communications that we, in our sole and absolute discretion, consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable.

ATTENDEE CONDUCT AT EVENTS

1. All participants and attendees (“Participant(s)” or “Attendee(s)”) at events produced by ONDALINDA (the “Event(s)”), including You and Your guests, must be approved by ONDALINDA through advance registration and wear official wristbands designating proper registration.
2. We reserve the right to remove Attendees who do not comply with the proper registration, security procedures or requirements of Attendee conduct outlined below at any point during an Event without a refund. ONDALINDA reserves the right to remove anyone who disobeys any requirements, procedures, policies or regulations of an Event.
3. You may not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
4. You may not aid in gaining an unauthorized person access to an Event; this is grounds for removal without refund.
5. You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.
6. You may not advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person. You may not post or distribute any material that infringes and/or violates any right of a third party or any law or post or distribute any vulgar, obscene, discourteous, or indecent language or images.
7. You may not advertise or sell to or solicit others excessively.
8. You may not hand out, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose.
9. If You are unable to attend an Event for any reason, You may be eligible to receive a refund of any registration fees previously paid in accordance with ONDALINDA’s Cancellation and Refund Policy provided below.
10. If we deem any online, social networking, or other media reference post, article, photo or video regarding an Event inappropriate, the offender is required to take down the material immediately upon our request for removal. If the posting is made during an Event, this may be grounds for dismissal from an Event, removal and preclusion from the Site and future involvement in ONDALINDA.
11. Without limitation of the foregoing, ONDALINDA may, in its sole and absolute discretion, remove You or any other Attendee from an Event, without explanation, either before or during an Event, if such Attendee engages in any unlawful, unauthorized, prohibited, improper, or unethical activities, or any other acts or omissions that we deem worthy of Your removal from an Event.

CANCELLATION AND REFUND POLICY

If You become unable to attend an Event, You must inform ONDALINDA via email at hello@ondalinda.com in order to cancel Your registration. All ONDALINDA sales are final, and any fees are nonrefundable. No refunds or exchanges will be issued for any reason. You acknowledge and accept this cancellation/refund policy set forth in the Terms of Service. Please take careful note of this cancellation and refund policy as NO EXCEPTIONS to the policy will be made, regardless of the reason for cancellation. For the avoidance of doubt, ONDALINDA cannot make any exceptions to this cancellation and refund policy even if the cancellation is due to illness or medical issues; family or personal matters; revocation, cancellation, or expiration of Your visa; travel bans; deportation; any laws, regulations, orders, or policies concerning immigration and refugee status that may impact Your ability to travel; change in Your immigration status; scheduling conflicts; travel delays; a force majeure event (including, but not limited to, an act of God, war, terrorist activity, labor dispute, civil unrest, utility outage, etc.); or any other reason whatsoever.

1. For additional protection, we encourage attendees to purchase travel medical and/or trip cancellation insurance. For example, some of the most popular travel insurance providers are Allianz, GeoBlue and Travel Guard. Your credit card or employer may also provide certain coverage.

CHARGEBACKS

You agree that You will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets You purchased. Without limiting the generality of the foregoing, You will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment You used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

UNAUTHORIZED USES OF INTELLECTUAL PROPERTY

1. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content of the Site or our materials provided or displayed at an Event, other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of the Site’s content to Your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
2. We retain the rights to all staff photography and video footage from an Event.
3. Any use other than that permitted under this clause may only be undertaken with our prior express written authorization.

OWNERSHIP OF SITE CONTENT AND GRANT OF CONDITIONAL LICENSE

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site (collectively, the “Site Content”), are owned by us. We own a copyright and, in many instances, patents and other intellectual property in the Site and Site Content. We may change the Site Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Site Content as permitted by the Terms of Service for non- commercial purposes only if, as a condition precedent, you agree that you will not:

1. Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
2. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
3. Link to any portion of the Site other than the URL assigned to the home page of the Site.
4. "Frame" or "mirror" any part of the Site.
5. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site Content.
6. Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
7. Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Site Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past.
8. Use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
9. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
10. Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
11. Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals.
12. Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals.
13. Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Site Content.
14. Reproduce or scan tickets in a format or medium different from that provided by the Site.
15. Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
16. Use the Site or the Site Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Site Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
17. Use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Site Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content. The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us. You may not use our trademarks, logos, and service marks in any way without our prior express written permission. You may inquire about obtaining permission by contacting us at hello@ondalinda.com .

RECORDING, TRANSMISSION AND EXHIBITION

You agree that the Event for which You attend is a public event, that Your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that You have no expectation of privacy with regard to Your actions or conduct at the Event. You grant permission to ONDALINDA, our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize Your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, You or anyone acting on Your behalf.

YOU ARE SUBJECT TO SEARCH

You and Your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If You elect not to consent to such searches, You may be denied entry to the Event without refund or other compensation. Certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, and controlled substances.

INDEMNIFICATION

If anyone brings a claim against us related to your use of the Site, the Site Content, your Content, or your violation of the Terms of Service, you agree to indemnify, defend, and hold ONDALINDA and our affiliated companies, suppliers, advertisers, and sponsors, and each of our officers, directors, shareholders, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

CLASS ACTION WAIVER

YOU AND WE THEREBY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a panel of three arbitrators. Within fifteen (15) days after the commencement of arbitration, each Party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. This Agreement shall be deemed to have been entered into in the State of New York and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the State of New York applicable to contracts entered into and performed entirely within the State of New York, without regard to principles of conflict of laws thereof. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties; provided, that nothing herein shall prevent a Party from disclosing information regarding the arbitration for purposes of enforcing the award. The Parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other Party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding anything to the contrary hereunder, Company may seek injunctive relief or other equitable remedies from a court of competent jurisdiction without first pursuing resolution of the dispute as provided in this Section. EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES SUCH PARTY’S RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION TO ENFORCE AN ARBITRATOR’S DECISION OR AWARD PURSUANT TO THIS SECTION.

SEVERABILITY

It is our belief that the Terms of Service do not contain any provision contrary to law. However, if any part of the Terms of Service are determined to be illegal, invalid, or unenforceable, You agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms of Service, and (b) the remaining parts shall be deemed valid and enforceable.

SPAMMING PROHIBITED

ONDALINDA attendee lists and contact information are provided exclusively to event registrants and meant to encourage genuine, one-to-one communication. The "mining" and use of ONDALINDA attendee lists for overt business development and / or mass solicitation is strictly prohibited at all times, and doing so will result in a DNI (Do Not Invite) status henceforth.

CHANGES TO THESE TERMS OF SERVICE

We reserve the right to amend these Terms of Service at any time. All such changes will take effect once they have been posted on the Sites and You will be deemed to have accepted any such changes by Your use of the Sites after such time.