TERMS OF SERVICE
Last updated: May 16, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.chinookfest.com website (the “Service”) operated by Chinook Entertainment, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The Service and its original content, features and functionality are and will remain the exclusive property of Chinook Entertainment, LLC and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Chinook Entertainment, LLC.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Chinook Entertainment, LLC
Chinook Entertainment, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Chinook Entertainment, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Chinook Entertainment, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Chinook Entertainment, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Chinook Entertainment, LLC its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
TICKETING TERMS & CONDITIONS
These Ticketing Terms is an agreement between you (“you” or “user”) and Chinook Entertainment, LLC (the “Company”). These Ticketing Terms govern your purchase and use of a ticket or wristband (“Ticket”) for CHINOOK FEST and your attendance at CHINOOK FEST.
PLEASE READ THE TERMS BELOW CAREFULLY. BY PURCHASING OR USE OF A TICKET FOR CHINOOK FEST OR YOUR ATTENDANCE AT CHINOOK FEST, YOU AGREE TO BE BOUND BY THESE TICKETING TERMS. IF YOU DO NOT AGREE TO THESE TICKETING TERMS, PLEASE DO NOT PURCHASE OR USE A TICKET OR ATTEND CHINOOK FEST.
CHANGES TO THE TICKETING TERMS
The Company reserves the right to modify, add, supplement, amend, update or otherwise revise these Ticketing Terms, with or without notice to you. These amendments may in the Company’s sole discretion relate back to the date of purchase. When we make changes, we will revise the “Last Updated” date at the top of the Ticketing Terms. Your use of the Tickets or attendance at CHINOOK FEST will constitute your acceptance of such changes.
ACCESS TO CHINOOK FEST
The Tickets at all times will be deemed a revocable license issued by the Company for the sole purpose of accessing and attending CHINOOK FEST. The license may, at the sole discretion of the Company, be revoked at any time with or without additional notification to you and which may result in you being denied access or removed from CHINOOK FEST. The license may be revoked due to any violation of these Ticketing Terms, policies of the venue where CHINOOK FEST is held, or applicable laws, policies, rules or regulations, as determined by the Company.
TICKETS FOR MINORS AND ACCESS FOR MINORS TO CHINOOK FEST
Access to CHINOOK FEST will be denied to all persons under the age of twenty-one (21) on days Friday and Saturday of the event. All age attendees will be granted access to the festival grounds on Sunday of the event. Attendees under the age of twenty-one (21) will not be granted access to the Beer Garden on Sunday of the Event.
Children under the age of thirteen (13) at the time of attendance of CHINOOK FEST do not require a Ticket and may enter for free with a ticket holding adult.
TICKET PURCHASE CONFIRMATIONS AND RECEIPT OF WRISTBANDS
Upon purchase of your ticket, you will receive an email confirmation of your purchase. This email will contain access to your CHINOOK FEST ticket or confirm alternative access, such as Will Call. The Company is not responsible for email notifications that are not received. Tickets are required to be redeemed, or Photo ID to confirm purchase of Will Call for your CHINOOK FEST WRISTBAND. The wristband provides your access to the festival grounds for the duration indicated by your ticket purchase.
LOST, STOLEN OR DESTROYED TICKETS OR WRISTBANDS
The Company, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets or wristbands. Following the delivery of your Tickets, you assume 100% risk of loss relating to the Tickets or wristbands, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets or wristbands.
PURCHASE OF TICKETS FROM UNAUTHORIZED SOURCES AND RESALE AND USE OF TICKETS FOR COMMERCIAL PURPOSES
If you obtain your Ticket from any unauthorized source, you fully assume all risks associated with such Tickets, including that such Tickets may have been reported lost or stolen or that such Tickets may be counterfeit and in all cases, such Tickets shall be voidable and not honored by CHINOOK FEST.
Tickets purchased by you are intended for personal use only. You agree that the resale, or the attempted resale by you of any Ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these Ticketing Terms. If you violate these Tickets Terms including by attempting to resell Tickets, the Company in its sole discretion shall have the right to cancel all or part of the applicable ticket order or may elect to not put all or part of your order at Will Call.
The ticket may not be used for advertising, promotion, sweepstakes or any other commercial purpose without the express written consent of the Company.
Wristbands for all three days of CHINOOK FEST cannot be sold after removed. All removed wristbands are voided. If a wristband has been tampered with, it will be void.
CANCELLATION OR CHANGES TO THE LINE-UP, DATE, OR VENUE
The Company shall, at any time prior to CHINOOK FEST, have the right to cancel or change the venue, artist lineup, times, dates, or any other elements of CHINOOK FEST with or without advanced notice.
If CHINOOK FEST is changed, modified, rescheduled, or cancelled for any reason, the Company is not required to issue a refund and in no event will the Company be liable or responsible for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues, or business opportunities, even if the Company has been advised of the possibility of such damages.
If CHINOOK FEST is cancelled, postponed, or rescheduled, the Company shall post a notification at www.chinookfest.com and through social media portals.
ASSUMPTION OF RISKS
COVID-19 and other communicable disease
You acknowledge that communicable disease, including COVID-19 exposure can occur anywhere including exposure at or during the recreational opportunities offered at CHINOOK FEST. CHINOOK FEST will make an effort to avoid and minimize exposure to the extent reasonable, but ultimately it cannot provide guidance on or eliminate the risks associated with COVID-19. The scope and duration of these risks are not known. You agree that CHINOOK FEST, together with its owners, employees, and agents will not be liable or responsible to eliminate the risks associated with COVID-19 and you assume full responsibility for any costs, expenses, and losses, including costs of avoiding exposure, or treatment or death if there is exposure. You affirmatively represent that upon attending CHINOOK FEST you are not suffering from, fever, chills, cough, shortness of breath, sore throat, or any other generally recognized symptoms of the COVID virus. If CHINOOK FEST determines within its sole and complete discretion that a you present any risk of exposure of the virus to any person, CHINOOK FEST shall have the right to deny access to you without any liability for any expenses or losses including cancellation fees, travel costs or travel cancellation costs or expenses and in general, any expense incurred by you because of the exercise of CHINOOK FEST’s sole discretion in denying access. You agree to hold harmless and indemnify CHINOOK FEST together with its affiliated entities, owners, employees, and agents from any such expense and the obligation shall also extend to any legal fees incurred by CHINOOK FEST and those legal fees necessary or appropriate to defend its owners, employees or agents.
You assume any and all risks and dangers incidental or in any way relating to your attendance at CHINOOK FEST, including any risks that occur prior, during or after CHINOOK FEST or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including artists; CHINOOK FEST attendees; the venue owners, operators, staff, employees, and agents; or the Company, its affiliates, licensors, employees, agents, or independent contractors.)
LOUD MUSIC AND SPECIAL EFFECTS WARNING
All or designated areas of CHINOOK FEST may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting, and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting and laser projections. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity, or any other health conditions that could be aggravated by these special effects should consider this warning before attending CHINOOK FEST, as such special effects may cause or induce seizures, diminished or hearing loss, and other health conditions.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
You consent to the use of your image, likeness, actions, and/or statements incidental to any live or recorded photographic, audio or video displays, broadcasts, or other transmissions, exhibitions, publications, or reproductions made of or at CHINOOK FEST, without additional authorization or compensation.
PROHIBITED ITEMS AND ACTIONS AT CHINOOK FEST
Food or beverages (unless medically necessary), poles or sticks of any size, hunting knives, fireworks, illegal substances, weapons, noisemakers, radios or other music players, and/or placards or signs of any size may not be brought into CHINOOK FEST and may be confiscated. You consent to and are subject to search prior to and at CHINOOK FEST.
You agree to not engage in any illegal conduct of any kind, act in a disorderly manner, or disrupt CHINOOK FEST or other attendees’ enjoyment of CHINOOK FEST. You also agree that you shall not transmit or aid in transmitting any description, account, picture, or other depiction or reproduction of CHINOOK FEST, including pre- and post-CHINOOK FEST activities.
Failure to comply with these Ticketing Terms may lead to you being denied access or being removed from CHINOOK FEST.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, employees, agents, and independent contractors (collectively, “Company and its Affiliated Parties”) against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your attendance or inability to attend CHINOOK FEST, or your breach or alleged breach of these Ticketing Terms.
RELEASE AND LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT, IN NO EVENT SHALL COMPANY AND ITS AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF THE TICKETS OR ATTENDING CHINOOK FEST.
YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS AFFILIATED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES, AND LIABILITY INCLUDING ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR PURCHASE OR USE OF THE TICKETS OR ATTENDING CHINOOK FEST.
APPLICABLE LAW AND VENUE
These Ticketing Terms shall be governed by, construed and enforced in accordance with the laws of the State of Washington as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, these Ticketing Terms, or in connection with any matters related to these Services, shall be resolved individually, without resort to any form of class action, exclusively in either the state or federal courts located in Yakima County, Washington. You agree to submit to the personal jurisdiction of the courts of the State of Washington for any cause of action arising out of this Ticketing Terms. You agree to file any cause of action with respect to these Ticketing Terms within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
The Ticketing Terms constitute the entire and only agreement between the Company and each purchaser of Tickets and attendee of CHINOOK FEST with respect to the subject matter of the Ticketing Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the Ticketing Terms.
Any waiver of any provision of the Ticketing Terms will be effective only if in writing and signed by the Company. If any clause in these Ticketing Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
We have prepared this Privacy Notice to explain how, why, and when we collect data from you to provide targeted advertising services for our clients.
Please note that this Privacy Notice does not apply to data that we collect when you visit the AdRoll website at www.adroll.com. To learn what data we collect when you visit our website, please visit the AdRoll Website Privacy Notice.
1. ABOUT ADROLL’S SERVICES
AdRoll provides targeted advertising services for our advertiser clients (“Advertisers”). When you visit a website operated by an Advertiser or a third party site where we could serve an ad to you, we may collect some or all of the data described in the AdRoll Service Privacy Notice. Our platform uses that data as well as other data described below to help Advertisers provide ads to you that are more relevant to you.
For example, if you visit an Advertiser’s website and shop for running shoes, our Platform (or another platform we work with) may later serve you with targeted ads for the Advertiser’s brand of running shoes as you browse the internet or through other channels, such as emails.
2. WHAT DATA WE COLLECT & HOW WE USE IT
We may collect the following categories of information for the purposes explained below.
Advertiser website activity: This is data about your browsing activity on the Advertiser’s website. For example, which pages you visited and when, and what items you placed into your online shopping cart.
Device and browser information: This is technical information about the device or browser you use to access the Advertiser’s website. For example, your device’s IP address, cookie string data and (in the case of mobile devices) your device type and mobile device’s unique identifier such as the Apple IDFA or Android Advertising ID.
Ad data: This is data about the online ads we have served (or attempted to serve) to you. It includes things like how many times an ad has been served to you, what page the ad appeared on, and whether you clicked on or otherwise interacted with the ad.
Data from Advertising Partners: This is data that we receive from other digital advertising companies that we work with (“Advertising Partners”) to help us deliver ads to you and recognize you across browsers and devices. This may include pseudonymous advertiser identifiers that some Advertisers or other third party ad platforms choose to share with us, such as your “Customer ID” with an Advertiser or an identifier associated with a hashed (not readable) version of your email address. We may work with these Advertising Partners to synchronize their unique, anonymous identifiers to our own to enhance data points about a particular unique browser or device.
Email and Postal Addresses from Advertisers: Some Advertisers choose to share actual email addresses and postal addresses about their customers with us, so that (with the help of Advertising Partners) we can help the Advertiser serve targeted ads to customers. Also, we may assist an Advertiser with sending emails to customers (for instance, if the Advertiser is using our SendRoll service). We use the Advertiser’s supplied e-mail and postal addresses for the purpose of assisting that particular Advertiser.
Hashed email addresses: If an Advertiser allows, we may collect hashed versions of the emails that are entered on that Advertiser’s site. These hashed emails are used as an additional identifier to help us better target ads for Advertisers, including across multiple devices or browsers.
We use this data to help our Advertisers identify and serve ads to you that are more relevant to you. We also use this data to operate, improve and enhance our services including enhancing the data points we or our Advertising Partners have about a particular user, browser, or device, or to target, optimize, cap, or synchronize advertising.
3. DATA SHARING
We may disclose information about you:
With an Advertiser whose site you have visited: We may share information about how you have interacted with that Advertiser’s site or its Ads.
With our service providers: We contract with companies who help with parts of our business operations. We require that our service providers only use your information in connection with the services they perform for us.
With service providers to our Advertisers: Our Advertisers may contract with companies who handle data (such as Advertisers’ customer lists) for them.
With our subsidiaries and related companies
In connection with legal proceedings: When we are under a legal obligation to do so, for example to comply with a binding order of a court, or where disclosure is necessary to exercise, establish or defend the legal rights of AdRoll, our Advertisers or any other third party.
In connection with a sale of our business: If a third party acquires some or all of our business or assets, we may disclose your information in connection with the sale.
We also share hashed email addresses (or other identifiers associated with those hashes), technical data that we collect about your browsing habits and your device (such as data relating to our cookies, tracking pixels and similar technologies) with other advertising companies in the digital advertising ecosystem. This enables them and us to better target ads to you.
Finally, we may disclose aggregated, anonymized information with other third parties.
4. COOKIES AND RELATED TECHNOLOGIES
Specifically, the AdRoll cookie we serve through the AdRoll platform for this purpose is named “__adroll”. We may also drop an additional AdRoll opt-out cookie if you opt-out as described below. We may also drop cookies from our Advertising Partners for the purposes described above. The Advertising Partner cookies dropped vary by Advertiser implementation.
5. YOUR CHOICES AND OPTING-OUT
We recognize how important your online privacy is to you, so we offer the following options for controlling the targeted ads you receive and how we use your data:
You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon that typically appears in the corner of the ads we serve or by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device. If you opt-out we may collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you.
AdRoll is also a member of the Network Advertising Initiative (NAI) and adheres to the NAI Codes of Conduct. You may use the NAI opt out tool here, which will allow you to opt out of seeing targeted ads from us and from other NAI approved member companies.
We also comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). You may opt out of receiving targeted ads from other companies that perform ad targeting services, including some that we may work with as Advertising Partners via the DAA website here.
We also comply with the Canadian Self-regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance of Canada (DAAC). You may opt out of receiving targeted ads from other companies that perform ad targeting services, including some that we may work with as Advertising Partners via the DAAC website here.
We also adhere to the European Interactive Advertising Digital Alliance (EDAA) guidelines for online advertising and you may opt out via their Your Online Choiceswebsite.
Please note that when using the ad industry opt-out tools described above:
If you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you.
If you use multiple browsers or devices you may need to execute this opt out on each browser or device.
Other ad companies’ opt-outs may function differently than our opt-out.
To opt out of receiving targeted ads that are based on your behavior across different mobile applications follow the below instructions, for iOS and Android devices:
iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting
For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”
Opting out will not prevent you from seeing ads, but those ads will likely be less relevant because they won’t be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting. Some internet browsers allow users to send a “Do Not Track” signal to websites they visit. We do not respond to this signal.
In addition, if you are located in the European Economic Area you may also have the right to access, correct or update some of the information we hold about you. You can also request that we delete your information. If you wish to exercise any of these rights, please contact us at firstname.lastname@example.org. Please note that in many cases, we hold identifiable information only on behalf of our Advertiser clients, and we may instead direct you to contact them.
6. DATA RETENTION
We retain the identifiable data we collect directly for targeting purposes for 13 months, after which time we employ measures to de-identify the data by removing unique identifiers and truncating associated IP addresses.
Identifiable data collected for other purposes is held no longer than necessary for our business purposes or to meet legal requirements.
We apply technical, administrative and organizational security measures to protect the data we collect against accidental or unlawful destruction and loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against other unlawful forms of processing.
8. INTERNATIONAL TRANSFERS
We may transfer the information we collect about you to countries other than the country where we originally collected it for the purposes of storage and processing of data and operating our services. Those countries may not have the same data protection laws as your country. However, when we transfer your information to other countries, we will protect that information as described in this Privacy Notice and take steps, where necessary, to ensure that international transfers comply with applicable laws. For example, if we transfer your information from the European Economic Area to a country outside it, such as the United States, we will seek to take additional steps such as entering into EU compliant data transfer agreements with the data importer where necessary.
9. CHANGES TO THIS PRIVACY NOTICE
Changes to this Privacy Notice will be posted on this page. If we make a material change to our privacy practices, we will provide notice on the site or by other means as appropriate.
10. CONTACT US ABOUT QUESTIONS OR CONCERNS
If you have any questions about this Privacy Notice or our privacy practices, you can contact email@example.com.
If you are located in the European Economic Area and we are processing your data as a data controller, AdRoll Advertising Limited is the data controller of your information. To contact AdRoll Advertising please e-mail firstname.lastname@example.org or write to us at the following address:
AdRoll Advertising Limited
1, Burlington Plaza
Dublin 4, Ireland