Last Updated: [February 2, 2024]
Breakaway Music Festival, Inc., and its affiliates (collectively, “Breakaway”, “Company”, “us”, “our”, or “we”) recognize that you may be concerned about our collection, use, and disclosure of your personal information. We respect your privacy and are committed to providing a transparent notice of our privacy practices.
This policy describes the types of information we may collect from you when you visit our websites that use this policy, including https://www.breakawayfestival.com/ (collectively, the “Website”). This policy also covers information we collect about you offline, from third parties, or when you visit one of our locations or contact us by phone. This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. This policy may change from time to time (see Changes to Our Privacy Policy).
Information Collection
We collect several types of information from and about you, including:
Information Use
We may use the information that we collect about you or that you provide to us:
Disclosure of Your Information
We may disclose information that we collect about you or that you provide us directly as described in this privacy policy:
We may also disclose your personal information:
We may disclose aggregated information about our users and deidentified data or information that does not identify an individual.
Tracking Technologies
Breakaway uses first- and third-party cookies and other tracking technologies for various purposes, including to monitor and analyze the use of the Website, help us provide information to you more effectively, conduct internal analytics, and provide advertising. A cookie is a unit of data stored on the user’s hard drive that helps us remember you and your preferences. You can refuse cookies by turning them off in your browser. Please note, however, that if you delete or turn off cookies, you may not have access to some of the features that make your experience on our sites and apps smoother, you may not be able to store your preferences, and some of our services may not function properly.
Security
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Links
The Website may contain third party links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other third-party sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under the Age of 13
The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to or on the Website or through any of its features. If you believe we might have any information from or about a child under 13, please contact us in one of the ways provided in the Contact Information section, below.
Do Not Track
We do not respond to web browser “do not track” signals or other mechanisms. Other parties may collect personally identifiable information about your activities over time and across different websites when a consumer uses the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. Please check back periodically to ensure you are aware of any recent updates. You can see when this page has been updated by looking at the “Last Updated” date at the top of this page.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us at: hey@breakawayfestival.com.
The following are the terms and conditions for use of www.brekawayfestival.com and various other Websites and web pages operated by Breakaway Music Festival, Inc. and its affiliates (collectively, “Breakaway”) in support of the Breakaway Music Festivals (collectively, the “Breakaway Websites”). This User Agreement applies to the Breakaway Websites and does not apply to the content of third-parties.
The Breakaway Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Breakaway Websites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Breakaway Website may also be subject to additional terms, codes of conduct, or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that Breakaways Website (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Breakaway Website, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please see the Breakaway Privacy Policy for disclosures relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
Breakaway reserves the right to change the terms, conditions, and notices under which the Breakaway Websites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Breakaway Websites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Breakaway Websites are for your personal and non-commercial use. The content available and any services made available through the Breakaway Websites is the property of Breakaway or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Breakaway Websites. You acknowledge that Breakaway retains exclusive ownership (or is the licensee) of the Breakaway Websites, all content, materials, and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks, or trade secrets with respect to the Breakaway Websites or their contents, and Breakaway reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of Breakaway, you may not “meta-search” the Breakaway Websites, send, or cause to be sent, any automated queries of any sort to the Breakaway Websites, or use the Breakaway Websites in any commercial manner. “Automated queries” shall include, but not be limited to: using any software that sends queries to any Breakaway Websites to determine how a web site “ranks” on any Breakaway Websites.
LINKS TO THIRD-PARTY SITES
The Breakaway Websites may contain links to third-party Websites (“Linked Sites”) including, but not limited to: links to relevant portions of third-party social media sites. The Linked Sites are not under the control of Breakaway, and Breakaway is not responsible for the contents of any Linked Site, including without limitation: any link contained in a Linked Site, or any changes or updates to a Linked Site. Breakaway is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Breakaway responsible if the Linked Site is not working appropriately. Breakaway is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Breakaway of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites.
Any dealings with third-parties (including advertisers) included within the Breakaway Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third-party. Breakaway shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Breakaway Websites, you will not use the Breakaway Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third-party. You may not use the Breakaway Websites in any manner that could damage, disable, overburden, or impair any Breakaway Websites (or the network(s) connected to any Breakaway Website) or interfere with any other party’s use and enjoyment of any Breakaway Website. You may not attempt to gain unauthorized access to any Breakaway Websites, other accounts, computer systems, or networks connected to any Breakaway Websites, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Breakaway Websites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Breakaway has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Breakaway Websites (the “Designated Agent”). All such notifications relating to the Breakaway Websites must be a written communication and must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Breakaway personnel to locate the material.
4. Information reasonably sufficient to permit Breakaway to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Breakaway’s Designated Agent as follows:
● Service Provider: Breakaway Music Festival, Inc.
● Full Address of Designated Agent to Which Notification Should Be Sent: Breakaway Music Festival Copyright Agent
C/o Timothy Liam Epstein, Esq.
Duggan Bertsch, LLC
303 West Madison
Suite 1000
Chicago, Illinois 60606
tepstein@dugganbertsch.com
COMMUNITY FEATURES
Breakaway may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material (collectively, the “Submitted Content”) in connection with various features of the Breakaway Websites including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features, and chat features (collectively, the “Community Features”). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. Breakaway may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material via Third-Party Social networking websites and products (“Third-Party Social Networking Features”). Any use of Third-Party Social Networking Features is subject to the then current terms of use of the applicable third-party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. In consideration of your use of the Breakaway Websites, you agree (i) to provide accurate, current, and complete information about yourself as may be prompted by any registration forms (“Registration Data”); (ii) to maintain the security of your password and identification provided, if any; (iii) to maintain and promptly update Registration Data and any other information you provide to Breakaway, and to keep it accurate, current, and complete; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account, and for any actions that take place using your account.
Breakaway and its third-party providers (“Vendors”) do not monitor, endorse, edit, or screen your Submitted Content, although Breakaway and its Vendors reserve the right to do so, and neither Breakaway nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential, and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Breakaway or between you and Breakaway’s Vendors other than as expressly set forth in this Agreement. You acknowledge that Breakaway is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Breakaway under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Breakaway determines, in Breakaway’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, Breakaway reserves the right to: (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Breakaway Websites and/or any Community Features; and/or (d) use any technological, legal, operational, or other means available to Breakaway to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the Breakaway Websites and any of the Community Features.
You are solely responsible for your interactions with other users of the Breakaway Websites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Breakaway a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell, and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media, or technology known or hereafter developed.
INDEMNIFICATION
You hereby agree to indemnify and hold Breakaway and all Breakaway Entities, harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Breakaway Websites and the products, merchandise, tickets, and/or services purchased via the Breakaway Websites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “Breakaway Entities” shall mean, Breakaway Music Festival, Inc., Prime Social Group, LLC; and all of the parent, subsidiary, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors, attorneys, and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing or which presents or operates the Breakaway Music Festivals, including all of their officers, directors, shareholders, members, managers, employees, contractors, or agents.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BREAKAWAY WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BREAKAWAY WEBSITES AND TO THE INFORMATION THEREIN. BREAKAWAY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BREAKAWAY WEBSITES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE BREAKAWAY WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE BREAKAWAY ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE BREAKAWAY WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BREAKAWAY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE BREAKAWAY ENTITIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BREAKAWAY WEB SITES. YOU SPECIFICALLY AGREE THAT THE BREAKAWAY ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE BREAKAWAY ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A BREAKAWAY WEBSITE BY ANY THIRD-PARTY.
THE BREAKAWAY ENTITIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE BREAKAWAY ENTITIES AND/OR THEIR EMPLOYEES, PARENTS, SUBSIDIARIES, CONTRACTORS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BREAKAWAY WEBSITES, WITH THE DELAY OR INABILITY TO USE THE BREAKAWAY WEBSITES OR RELATED SERVICES, THE PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BREAKAWAY WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE BREAKAWAY WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE BREAKAWAY ENTITIES OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BREAKAWAY WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BREAKAWAY WEBSITES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Breakaway may establish limits concerning use of any Breakaway service offered on a Breakaway Website, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any Breakaway Website or service, the maximum disk space that will be allotted on Breakaway’s servers on your behalf, and the maximum number of times and duration you may access any Breakaway Website in a given period of time.
You agree that the Breakaway entities have no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any Breakaway Website. You acknowledge that Breakaway reserves the right to log off accounts that are inactive for an extended period of time.
BREAKAWAY MAKES NO WARRANTY THAT ANY BREAKAWAY WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
GENERAL
This Agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Franklin County, Ohio, U.S.A., in all disputes arising out of or relating to the use of the Breakaway Websites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Breakaway as a result of this Agreement or use of the Breakaway Websites. You agree to indemnify and hold Breakaway, the Breakaway Entities, their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third-party due to or arising out of your use of or conduct on the Breakaway Websites. Breakaway reserves the right to disclose any personal information about you or your use of the Breakaway Websites, including its contents, without your prior permission if Breakaway has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Breakaway entities or their affiliated companies; (3) enforce this User Agreement or any other agreement relating to your use of any Breakaway Websites; or (4) act to protect the interests of its partners and affiliates or others. Breakaway’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Breakaway’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Breakaway Websites or information provided to or gathered by Breakaway with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Breakaway with respect to the Breakaway Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Breakaway with respect to the Breakaway Websites. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
ACKNOWLEDGEMENT
BY ACCESSING THE BREAKAWAY WEBSITES AND/OR UTILIZING ANY RELATED BREAKAWAY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THE SAME.
Our Privacy Policy is at: https://www.breakawayfestival.com/privacy-and-terms
Our Event Terms and Conditions is at: https://www.breakawayfestival.com/privacy-and-terms
Customer Support: hey@breakawayfestival.com
Last Updated: [February 2, 2024]
Breakaway Music Festival, Inc., and its affiliates (collectively, “Breakaway”, “Company”, “us”, “our”, or “we”) recognize that you may be concerned about our collection, use, and disclosure of your personal information. We respect your privacy and are committed to providing a transparent notice of our privacy practices.
This policy describes the types of information we may collect from you when you visit our websites that use this policy, including https://www.breakawayfestival.com/ (collectively, the “Website”). This policy also covers information we collect about you offline, from third parties, or when you visit one of our locations or contact us by phone. This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. This policy may change from time to time (see Changes to Our Privacy Policy).
Information Collection
We collect several types of information from and about you, including:
Information Use
We may use the information that we collect about you or that you provide to us:
Disclosure of Your Information
We may disclose information that we collect about you or that you provide us directly as described in this privacy policy:
We may also disclose your personal information:
We may disclose aggregated information about our users and deidentified data or information that does not identify an individual.
Tracking Technologies
Breakaway uses first- and third-party cookies and other tracking technologies for various purposes, including to monitor and analyze the use of the Website, help us provide information to you more effectively, conduct internal analytics, and provide advertising. A cookie is a unit of data stored on the user’s hard drive that helps us remember you and your preferences. You can refuse cookies by turning them off in your browser. Please note, however, that if you delete or turn off cookies, you may not have access to some of the features that make your experience on our sites and apps smoother, you may not be able to store your preferences, and some of our services may not function properly.
Security
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Links
The Website may contain third party links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other third-party sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under the Age of 13
The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to or on the Website or through any of its features. If you believe we might have any information from or about a child under 13, please contact us in one of the ways provided in the Contact Information section, below.
Do Not Track
We do not respond to web browser “do not track” signals or other mechanisms. Other parties may collect personally identifiable information about your activities over time and across different websites when a consumer uses the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. Please check back periodically to ensure you are aware of any recent updates. You can see when this page has been updated by looking at the “Last Updated” date at the top of this page.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us at: hey@breakawayfestival.com.
The following are the terms and conditions for use of www.brekawayfestival.com and various other Websites and web pages operated by Breakaway Music Festival, Inc. and its affiliates (collectively, “Breakaway”) in support of the Breakaway Music Festivals (collectively, the “Breakaway Websites”). This User Agreement applies to the Breakaway Websites and does not apply to the content of third-parties.
The Breakaway Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Breakaway Websites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Breakaway Website may also be subject to additional terms, codes of conduct, or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that Breakaways Website (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Breakaway Website, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please see the Breakaway Privacy Policy for disclosures relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
Breakaway reserves the right to change the terms, conditions, and notices under which the Breakaway Websites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Breakaway Websites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Breakaway Websites are for your personal and non-commercial use. The content available and any services made available through the Breakaway Websites is the property of Breakaway or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Breakaway Websites. You acknowledge that Breakaway retains exclusive ownership (or is the licensee) of the Breakaway Websites, all content, materials, and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks, or trade secrets with respect to the Breakaway Websites or their contents, and Breakaway reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of Breakaway, you may not “meta-search” the Breakaway Websites, send, or cause to be sent, any automated queries of any sort to the Breakaway Websites, or use the Breakaway Websites in any commercial manner. “Automated queries” shall include, but not be limited to: using any software that sends queries to any Breakaway Websites to determine how a web site “ranks” on any Breakaway Websites.
LINKS TO THIRD-PARTY SITES
The Breakaway Websites may contain links to third-party Websites (“Linked Sites”) including, but not limited to: links to relevant portions of third-party social media sites. The Linked Sites are not under the control of Breakaway, and Breakaway is not responsible for the contents of any Linked Site, including without limitation: any link contained in a Linked Site, or any changes or updates to a Linked Site. Breakaway is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Breakaway responsible if the Linked Site is not working appropriately. Breakaway is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Breakaway of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites.
Any dealings with third-parties (including advertisers) included within the Breakaway Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third-party. Breakaway shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Breakaway Websites, you will not use the Breakaway Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third-party. You may not use the Breakaway Websites in any manner that could damage, disable, overburden, or impair any Breakaway Websites (or the network(s) connected to any Breakaway Website) or interfere with any other party’s use and enjoyment of any Breakaway Website. You may not attempt to gain unauthorized access to any Breakaway Websites, other accounts, computer systems, or networks connected to any Breakaway Websites, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Breakaway Websites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Breakaway has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Breakaway Websites (the “Designated Agent”). All such notifications relating to the Breakaway Websites must be a written communication and must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Breakaway personnel to locate the material.
4. Information reasonably sufficient to permit Breakaway to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Breakaway’s Designated Agent as follows:
● Service Provider: Breakaway Music Festival, Inc.
● Full Address of Designated Agent to Which Notification Should Be Sent: Breakaway Music Festival Copyright Agent
C/o Timothy Liam Epstein, Esq.
Duggan Bertsch, LLC
303 West Madison
Suite 1000
Chicago, Illinois 60606
tepstein@dugganbertsch.com
COMMUNITY FEATURES
Breakaway may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material (collectively, the “Submitted Content”) in connection with various features of the Breakaway Websites including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features, and chat features (collectively, the “Community Features”). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. Breakaway may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material via Third-Party Social networking websites and products (“Third-Party Social Networking Features”). Any use of Third-Party Social Networking Features is subject to the then current terms of use of the applicable third-party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. In consideration of your use of the Breakaway Websites, you agree (i) to provide accurate, current, and complete information about yourself as may be prompted by any registration forms (“Registration Data”); (ii) to maintain the security of your password and identification provided, if any; (iii) to maintain and promptly update Registration Data and any other information you provide to Breakaway, and to keep it accurate, current, and complete; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account, and for any actions that take place using your account.
Breakaway and its third-party providers (“Vendors”) do not monitor, endorse, edit, or screen your Submitted Content, although Breakaway and its Vendors reserve the right to do so, and neither Breakaway nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential, and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Breakaway or between you and Breakaway’s Vendors other than as expressly set forth in this Agreement. You acknowledge that Breakaway is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Breakaway under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Breakaway determines, in Breakaway’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, Breakaway reserves the right to: (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Breakaway Websites and/or any Community Features; and/or (d) use any technological, legal, operational, or other means available to Breakaway to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the Breakaway Websites and any of the Community Features.
You are solely responsible for your interactions with other users of the Breakaway Websites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Breakaway a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell, and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media, or technology known or hereafter developed.
INDEMNIFICATION
You hereby agree to indemnify and hold Breakaway and all Breakaway Entities, harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Breakaway Websites and the products, merchandise, tickets, and/or services purchased via the Breakaway Websites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “Breakaway Entities” shall mean, Breakaway Music Festival, Inc., Prime Social Group, LLC; and all of the parent, subsidiary, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors, attorneys, and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing or which presents or operates the Breakaway Music Festivals, including all of their officers, directors, shareholders, members, managers, employees, contractors, or agents.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BREAKAWAY WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BREAKAWAY WEBSITES AND TO THE INFORMATION THEREIN. BREAKAWAY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BREAKAWAY WEBSITES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE BREAKAWAY WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE BREAKAWAY ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE BREAKAWAY WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BREAKAWAY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE BREAKAWAY ENTITIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BREAKAWAY WEB SITES. YOU SPECIFICALLY AGREE THAT THE BREAKAWAY ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE BREAKAWAY ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A BREAKAWAY WEBSITE BY ANY THIRD-PARTY.
THE BREAKAWAY ENTITIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE BREAKAWAY ENTITIES AND/OR THEIR EMPLOYEES, PARENTS, SUBSIDIARIES, CONTRACTORS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BREAKAWAY WEBSITES, WITH THE DELAY OR INABILITY TO USE THE BREAKAWAY WEBSITES OR RELATED SERVICES, THE PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BREAKAWAY WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE BREAKAWAY WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE BREAKAWAY ENTITIES OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BREAKAWAY WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BREAKAWAY WEBSITES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Breakaway may establish limits concerning use of any Breakaway service offered on a Breakaway Website, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any Breakaway Website or service, the maximum disk space that will be allotted on Breakaway’s servers on your behalf, and the maximum number of times and duration you may access any Breakaway Website in a given period of time.
You agree that the Breakaway entities have no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any Breakaway Website. You acknowledge that Breakaway reserves the right to log off accounts that are inactive for an extended period of time.
BREAKAWAY MAKES NO WARRANTY THAT ANY BREAKAWAY WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
GENERAL
This Agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Franklin County, Ohio, U.S.A., in all disputes arising out of or relating to the use of the Breakaway Websites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Breakaway as a result of this Agreement or use of the Breakaway Websites. You agree to indemnify and hold Breakaway, the Breakaway Entities, their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third-party due to or arising out of your use of or conduct on the Breakaway Websites. Breakaway reserves the right to disclose any personal information about you or your use of the Breakaway Websites, including its contents, without your prior permission if Breakaway has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Breakaway entities or their affiliated companies; (3) enforce this User Agreement or any other agreement relating to your use of any Breakaway Websites; or (4) act to protect the interests of its partners and affiliates or others. Breakaway’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Breakaway’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Breakaway Websites or information provided to or gathered by Breakaway with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Breakaway with respect to the Breakaway Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Breakaway with respect to the Breakaway Websites. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
ACKNOWLEDGEMENT
BY ACCESSING THE BREAKAWAY WEBSITES AND/OR UTILIZING ANY RELATED BREAKAWAY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THE SAME.
Our Privacy Policy is at: https://www.breakawayfestival.com/privacy-and-terms
Our Event Terms and Conditions is at: https://www.breakawayfestival.com/privacy-and-terms
Customer Support: hey@breakawayfestival.com
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