Brooklyn Raves - Terms & Conditions

important: prior to accessing, downloading, installing, activating, subscribing to, or utilizing the services provided by Brooklyn Raves, please ensure to thoroughly review and understand these terms. your acceptance of these terms shall be indicated by either: 1) engaging in the download, installation, activation, subscription to, or use of Brooklyn Raves services, as defined herein; or 2) clicking the "i accept" button that corresponds to these terms & conditions ('terms').

Our Digital Services

In our commitment to keeping you informed, we strive to furnish comprehensive details about various aspects, including events, our Digital Services, insights into our company, and valuable partnerships. Additionally, we facilitate your access to ticket purchasing through links that connect you with third-party ticketing services. It's essential to note that when you engage with these features or access content and services provided by third parties, the terms governing such interactions are not bound by our Terms.

By utilizing these external services, you explicitly recognize and accept that we bear no responsibility for the availability of content on third-party sites or services, nor do we assume any liability for the utilization of your information by these third parties. Your agreement to hold us harmless in the face of any claims of damage arising from content, products, or services provided by third parties, as well as the use of your information by these entities, is expressly acknowledged.

Furthermore, we retain the right to modify or discontinue any portion of our Digital Services, and we may exercise this right with or without prior notice. It is important to understand that we will not be held liable for any consequences resulting from the exercise of this discretion. Various factors and circumstances beyond our control may interfere with or affect the usage of our Digital Services. We cannot guarantee continuous, uninterrupted, or secure access to our Digital Services, and we make no assurances regarding the uninterrupted or error-free operation of our Digital Services. Your understanding of these conditions is appreciated as we work to provide you with the best possible experience.

Restricted Activities

Section 1: Compliance with Laws and Regulations
You may not engage in any activity with regard to the Digital Services that violates any law or regulation.

Section 2: Handling of Personal Data
You agree not to collect or store personal data about other users of our Digital Services or solicit personal information from any individual.

Section 3: Identity Representation
Impersonation of any person or entity or misrepresentation of your affiliation with a person or entity is strictly prohibited.

Section 4: Content Guidelines
You are not allowed to send or promote any message that is unlawful, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, disparaging regarding racial, gender, or ethnic background. Additionally, any statement known to be false or misleading or otherwise objectionable messages, as determined in our sole discretion, are prohibited.

Section 5: Intellectual Property Rights
Breach of any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party is not permitted. Distributing content without the right to make it available under any law or under contractual or fiduciary relationships is also prohibited.

Section 6: Unauthorized Advertising and Promotion
Promoting or distributing unauthorized advertising, promotional materials, or material characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material is strictly forbidden. Requests or solicitations for money, goods, or services for private gain, as well as information posted primarily for advertising, promotional, or other commercial purposes, are not allowed.

Section 7: Disruption and Interference
Any disruption or interference with the security or use of the Digital Services or any linked websites or content is prohibited.

Section 8: Harmful Activities
Interfering with or damaging the Digital Services, including through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information, or similar methods or technology, is strictly prohibited. Disobeying any requirements, procedures, policies, or regulations of networks connected to our Digital Services is also not allowed.

Section 9: Reverse Engineering
Attempting to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services is prohibited.

Section 10: Assistance in Prohibited Activities
Assisting any third party in engaging in any activity prohibited by these Terms is strictly forbidden.

Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by applicable law, we, our affiliates, and subsidiaries, along with our service providers, related parties, partners, licensors, and our or their respective officers, directors, employees, or agents (collectively referred to as the “company parties”) explicitly and unequivocally disclaim all warranties of any kind. Whether express, implied, or statutory, these disclaimers encompass, but are not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement related to our digital services.

Your utilization of our digital services is undertaken at your sole risk. Our digital services, as well as all content, products, and services offered through them, are provided on an "As is" and "As available" basis. The company parties bear no responsibility for the timeliness of content delivery, any failures in delivery, erroneous deletion, or any loss or damage of any kind that you may assert was incurred as a result of using any digital services.

Under no circumstances will any of the company parties be liable to you or to any person or entity claiming through you for any loss, injury, liability, or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our digital services or any content, product, or service provided to you through or in connection with any of our digital services.

This serves as a comprehensive limitation of liability applicable to all losses and damages, whether direct or indirect, general, special, incidental, consequential, exemplary, or otherwise, including, without limitation, loss of data, goodwill, revenue, or profits. Such limitation of liability applies regardless of whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if any of the company parties have been advised of or should have known of the possibility of such damages, and irrespective of the success or effectiveness of other remedies.

In the event that any part of this limitation of liability is found to be invalid, illegal, or unenforceable for any reason, the aggregate liability of the company parties under such circumstances to you or any person or entity claiming through you for liabilities that would otherwise have been limited will not exceed one hundred U.S. Dollars.

It is important to note that some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the aforementioned disclaimers of warranties and limitations of liability may not be applicable to you.

Indemnification

1. Indemnification Agreement: You explicitly agree to indemnify and hold the Company Parties harmless from any claim or demand, encompassing reasonable attorney's fees and costs, initiated by any third party.
2. Content Posting Liability: This indemnification pertains to claims or demands arising out of your posting of any content on our Digital Services. It includes instances where your use of our Digital Services deviates from the permissions stipulated in these Terms.
3. Terms Violation: Furthermore, the indemnification extends to situations where there is an actual or alleged violation of these Terms by you. This encompasses any breach of the terms and conditions set forth in our agreement.
4. Intellectual Property Infringement: The indemnification agreement covers instances of infringement of a third party’s intellectual property or other rights. This includes claims arising from your actions or the actions of another user of our Digital Services using your computer, mobile device, or account.
5. Comprehensive Protection: By agreeing to indemnify, you acknowledge the comprehensive protection sought by the Company Parties. This protection spans a spectrum of potential claims and demands related to your interactions with our Digital Services.
6. Legal Safeguard: Recognizing that legal proceedings can incur significant costs, you undertake to cover reasonable attorney's fees and costs. This ensures that the Company Parties are safeguarded in the event of any legal action arising from your activities on our Digital Services.
7. Third-Party Accountability: The indemnification encompasses accountability towards third parties. This underscores the importance of adhering to the terms and conditions outlined in our agreement to prevent any claims or demands from external entities.
8. Device and Account Responsibility: Importantly, the indemnification extends to actions carried out using your computer, mobile device, or account. It underscores the need for responsible use of these resources to avoid any inadvertent violations or infringements.
9. Risk Mitigation: This indemnification clause serves as a mechanism for risk mitigation. By holding you accountable for potential liabilities, it ensures a level of responsibility in your engagement with our Digital Services.
10. Alignment with Terms: In essence, the indemnification agreement aligns with the overarching principles and guidelines set forth in these Terms. It reinforces the importance of compliance to create a harmonious and legally sound digital environment.

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by us with all rights reserved. In some cases, such content may be licensed to us by third parties. This content is protected by the intellectual property rights of Company or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.

Complaints and Feedback

If you believe that any content on our Digital Services violates these Terms or is otherwise inappropriate, please send an email to events@flyww.net We also appreciate your feedback and comments about our Digital Services, which can also be sent to events@flyww.net.

Governing Law and Jurisdiction

The laws that govern these Terms encompass both the state of New York and the United States, ensuring comprehensive coverage and adherence to legal standards. Any claims arising out of or relating to the use of the Digital Services fall under the jurisdiction of these laws, and there is a deliberate exclusion of any choice of law rules to maintain clarity and consistency.

It is important to note that we do not make any representation that our Digital Services are suitable, legal, or available for use outside of the United States. This disclaimer underscores our commitment to compliance with the laws and regulations within the United States, emphasizing the need for users to understand and abide by the applicable legal framework.

With the exception of matters subject to arbitration, as elaborated above, the designated venue for any actions brought forth or claims made in connection with your use of our Digital Services is the state and federal courts located in the vibrant city of New York, New York. This choice of venue is deliberate and aims to streamline legal proceedings while ensuring a fair and just resolution for all parties involved. The prominence of New York, a major legal and commercial hub, further reinforces our commitment to transparent and equitable legal processes.

Changes

In the exercise of our discretion, we retain the right to, at any given moment and without the necessity for prior notice, modify, alter, or update these Terms governing your use of our Digital Services. It is strongly advised that you conscientiously and routinely review this page to stay abreast of any alterations to the Terms of Use. The efficacy of any modifications shall be promptly activated upon their public posting on our Digital Services, without additional notification to you. In demonstrating your ongoing engagement with any of our Digital Services subsequent to the posting of such modifications, you thereby affirmatively acknowledge and accept the said modifications. Importantly, it is imperative to note that you are expressly precluded from effecting amendments to these Terms autonomously. Your continued utilization of our Digital Services implies an unwavering adherence to the most recent iteration of the Terms of Use.