Please read these terms of service (“Terms” or “Terms of Service”) carefully before using the https://darngoodfestival.com website and related services (“Service”) provided by Darn Good Festival LLC (“Darn Good Music Festival,” “we”, “us”, 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 do not agree with the Terms in whole or any part, you may not use the Service. Your usage of the Service assumes at you fully understand and agree to the Terms.

Accounts

In order to access and use the Service, you are required to open an account (“User Account”) by registering with Darn Good Music Festival. When you create a User Account with us, you guarantee that you are above the age of 18, and that the information you provide us is true, accurate, complete, and current and you agree to update such information to ensure that is current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

Upon proper registration and opening of a User Account, and subject to the terms and conditions of these Terms, Darn Good Music Festival grants you a personal, non-transferable right and license to use the Service until such time as either you or we elect to terminate the Service in accordance with these Terms.

You are responsible for maintaining the confidentiality of your User Account and password, including but not limited to the restriction of access to your computer and/or User Account. You agree to accept responsibility for any and all activities or actions that occur under your User Account and/or password, whether your password is for our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your User Account.

You are responsible for and retain ownership of any data, information, or material originated or transmitted by you through the Service (“User Data”) such as User Data from your accounts with third party services that passes through the Service. You are solely responsible for the accuracy, quality, content and legality of User Data, the means by which User Data is acquired, and the transmission of User Data outside of the Service. You represent and warrant that you have all rights necessary to transmit User Data through the Service and to otherwise have User Data used as part of the Service. You represent and warrant that your use of the Services is compliant with all applicable law.

Fee Changes

Darn Good Music Festival reserves the right to, in its sole discretion and at any time, change the payment terms and fees.

We may provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your account before such change becomes effective.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may do so by opening a support ticket.

Once your User Account is terminated, we may permanently delete your User Account and any or all User Data associated with it. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Darn Good Music Festival 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, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Darn Good Music Festival, 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, any loss or damage to data, use or alteration of your transmissions or content, in each case (i)-(iv) 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.

Warranty Disclaimer

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.

Darn Good Music Festival and its subsidiaries, affiliates, and its licensors expressly disclaim any warranty 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; d) the results of using the Service will not cause any loss or damage to your data; e) your sensitive data will remain secure at all times; or f) the Service meets your requirements.

Exclusions

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 if applicable law prohibits such limitation.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Wyoming, 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.

Privacy Policy

You acknowledge that you have read, understand and agree to Darn Good Music Festival” Privacy Policy located at https://darngoodfestival.com/privacy-policy/, which is hereby incorporated into and made a part of these Terms of Service by this reference.

Data Processing Agreement

If you are a paying subscriber to the Service, to the extent that we process any Personal Data(as defined in the DPA) contained in User Data that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing agreement at https://www.darngoodfestival.com/online-ticketing/dpa/ (“DPA”), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Darn Good Music Festival.

We have no control over, and assume 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 Darn Good Music Festival 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.

Reservation of Rights

Subject to the limited rights expressly granted hereunder, we reserve all of our rights, title and interest in and to the Services and any information obtained by us from publicly available sources or third-parties and made available to you through the Services, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Changes

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 notice at least 30 days 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.

Contact Us

If you have any questions about these Terms, please contact us

Ticket Purchase

Darn Good Music Festival is an Internet-based, print-at-home ticketing service. We are hired by our clients to sell THEIR tickets. If you are not satisfied with any aspect of your event experience BESIDES the purchasing process, then you must speak to a representative of the event venue at the box office before the event has concluded. Policies set forth by our clients do not allow us to exchange or refund tickets once an event has taken place for any reason unless otherwise stated on their terms and conditions.

Payment Plan Terms and Conditions

  1. Tickets for the 2020 Darn Good Music Festival (“Ticket”) can be purchased using a Payment Plan that allows tickets to be paid for over multiple payments (“Installment”). The Payment Plan is available to any customer buying a ticket between May 1st, 2020 at 10:00AM, and June 30th, 2020 at Midnight (the “Eligibility Period”), subject to Ticket availability. The Eligibility Period may be shortened or extended at the Darn Good Music Festival’s sole discretion.
  2. Installment Plans are based on the current Ticket release pricing. The payment plan is available to any customer purchasing tickets and/or upsells which total a value of $140 or more between 10:00AM on May 1st, 2020 and June 30th, 2020 at Midnight. The number of number and amounts of payments, ticket prices and upsells will vary depending on when a ticket is booked and will be confirmed in the then-current payment plan terms and conditions.
  3. Subject to paragraph 9 below, the first installment is non-refundable, and no claim can be made to recover this money in any way whatsoever. The first installment includes a per Ticket booking fee.
  4. The first Installment (including booking fee) will be charged to your credit or debit card immediately upon your election to purchase the Ticket during the Eligibility Period. Subsequent Installments will be automatically invoiced to you via email and text message on the 1st of the month. Each installment is due no later than the 10th of each month (“Due Date”).
  5. Subsequent Installments can be paid via Venmo by sending payments to Darn Good Music Festival at 540-613-5248 prior to the Due Date.
  6. The transaction will be completed only once your payment of all Installments has been processed, with the totals as set out in Paragraph 2, paid in full.
  7. If you fail to pay any of the Installments prior to the Due Date, you will lose (i) any monies previously paid to Darn Good Music Festival; (i) and (ii) the Ticket(s) and Upsell(s) to which you were entitled under the Payment Plan.
  8. The Payment Plan requires that, at the time the First Installment is made, you make a full commitment to purchase a Ticket(s) and pay the full Ticket Price.
  9. Any installments made to Darn Good Music Festival; whether first or subsequent, are non-refundable save where Darn Good Music Festival 2020 is cancelled. In all other circumstances, no claim can be made to recover this money in any way whatsoever. Rescheduling or postponement of the Darn Good Music Festival for any future date(s) is not to be considered “cancelled”.
  10. These special Terms and Conditions are in addition to Darn Good Music Festival’s standard Terms and Conditions.
  11. Ticket(s) cannot be refunded or exchanged after your purchase had been completed, save as provided in Darn Good Music Festival’s purchase policy referred to in paragraph 10.

Please read these terms of service (“Terms” or “Terms of Service”) carefully before using the https://darngoodfestival.com website and related services

Methods of Payment

Darn Good Music Festival accepts Visa, MasterCard, Discover, and American Express, PayPal and PayPal Credit.  As other methods of payment become available, we will update this policy accordingly.

Refund Policy for Cancelled or Postponed Events

We will issue refunds ONLY if an event is cancelled in its entirety. Sometimes weather or other outside considerations make the performance impossible to complete. In these cases, every effort will be made by Darn Good Music Festival to ensure that refunds are made to the consumer. However, the venue and or promoter will make the final determination of refund availability and/or duration.

Pricing and Availability

Darn Good Music Festival does not control the conditions in which a venue offers pricing or availability. It is not uncommon to see prices change as a result of many factors and moving parts that a live event manages.

Credit Card Processing

Payment processing occurs directly through Darn Good Music Festival. Darn Good Music Festival will collect all Registration Fees on behalf of the Organizer from Buyers and deduct all applicable Services Fees from the Registration Fees collected by Darn Good Music Festival, and then pass the remainder along to the Organizer within ten (30) business days after the event end date for the event to which the Registration Fees correspond (either by mailing a check or through an electronic funds transfer, depending on the option the Organizer has chosen through using the Site, to the address or account, respectively, that the Organizer accurately designates on the Site), provided that Darn Good Music Festival reserves the right to withhold funds (i) at any time as Darn Good Music Festival determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TERMS OF SERVICE. Darn Good Music Festival, in its sole discretion, may determine to advance a portion of Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as Darn Good Music Festival may establish from time to time. Organizer agrees that all Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Registration Fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organizer from Darn Good Music Festival with respect to any event that is cancelled. If payments have already been made by Darn Good Music Festival to an Organizer for a cancelled event, such Organizer will immediately refund to Darn Good Music Festival all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by Darn Good Music Festival.

ORGANIZER AGREES THAT ANY PAYMENT BY Darn Good Music Festival OF Registration FEES PRIOR TO THE TENTH (30TH) BUSINESS DAY AFTER THE END DATE OF THE APPLICABLE EVENT ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TERMS OF SERVICE AND THAT Darn Good Music Festival MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN TEN (10) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO Darn Good Music Festival SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY Darn Good Music Festival.

Refunds

It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via Darn Good Music Festival by contacting an account manager who will facilitate this process. An Organizer shall ensure that its refund policy is consistent with the terms of this TERMS OF SERVICE and the payment and refund mechanics of the Site. Darn Good Music Festival permits an Organizer to issue refunds to Buyers, provided the refund is issued by Organizer before four (4) days after the end date of an event and within six (6) months after the transaction date for the underlying ticket purchase. Refunds issued following such period will not be processed, unless otherwise agreed to by Darn Good Music Festival in its sole discretion. Subject to the foregoing, refunds issued by an Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the Darn Good Music Festival. All communications or disputes regarding refunds are between the Organizer and Buyer, and Darn Good Music Festival will not be responsible or liable for, and Organizer hereby agrees to fully indemnify Darn Good Music Festival and its affiliates for, refunds, errors in issuing refunds, or lack of refunds. (ii) Notwithstanding the foregoing, you acknowledge and agree that Darn Good Music Festival shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if Darn Good Music Festival receives complaints from a substantial number (as determined by Darn Good Music Festival in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or Darn Good Music Festival determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where Darn Good Music Festival would reasonably expect to lose a chargeback, Darn Good Music Festival may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to Darn Good Music Festival.

Credit Card Chargebacks

Any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and Darn Good Music Festival will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify Darn Good Music Festival and its affiliates for, chargebacks issued.

Confirmation

Upon receipt of a credit card authorization from each individual ticket purchase, Darn Good Music Festival generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by Darn Good Music Festival through the Services, and it is your responsibility to verify the Buyer’s membership status, confirmation number and/or any event restrictions prior to the subject event.

Transfer Ticket to another person

Before purchasing tickets, it is your responsibility to carefully review your seat location, event, and performance date. Policies set forth by our clients prohibit Darn Good Music Festival from issuing exchanges or refunds after a ticket has been purchased.

Darn Good Music Festival, being a print-at-home, Internet-based ticketing company does allow the consumer to reprint tickets for THE CONSUMER’S USE ONLY. The unique two-dimensional bar code printed on all tickets will allow ONLY ONE ticket, the first ticket, to enter the event. The user agrees not to sell, reproduce for sale, alter, or counterfeit the ticket for any reason, and assumes all financial liability for the copying of his unique, bar-coded ticket.

Ticket Limits

When purchasing tickets through Darn Good Music Festival, you are limited to a maximum number of tickets for each event per purchase. This ticket limit is identified on the event page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices.