The website at jawbreakerfest.com and its subdomains, and the Content (as defined below) and services available from or through Jawbreakerfest.com (collectively “Site”) are made available by TNG Holdings LLC, a Illinois limited liability company, and its subsidiaries and affiliates (collectively, “Company,” “we” or “us” or “our”).
By using the Site you are representing you are 18 years of age or older and are legally capable to enter into contracts. If you are under 18, you may use the Site only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Site.
You may browse the Site without registering for an account. However, to use certain features of the Site you may be directed to register and/or create a user profile or account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. We will take commercially reasonable security precautions to ensure information you provide to us is safe, but no measures are completely secure. Therefore, we cannot guarantee the security of any information you provide to us on or through the Site at any time.
As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to us for purposes of creating an Account or otherwise registering (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of the Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password. You may not share or transfer your Account. You may not disclose your password to anyone. If you know of or suspect any unauthorized use(s) of your Account or any breach of security, including loss, theft or unauthorized disclosure of your password, you agree to immediately notify Company by sending an email to JawbreakerFest@gmail.com. Company is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
In registering and/or creating an Account, you shall not: (a) select or use the email address or user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an email address or user name that is profane, offensive , vulgar, obscene or otherwise inappropriate; or (d) allow any other party to use your Account and/or password except as set forth herein.
We reserve the right to refuse service, terminate Accounts, remove or edit Content (as defined below), or cancel orders in our sole discretion at any time, for any reason, without notice. For example, if we have reasonable grounds to suspect your Account Information is fraudulent or inaccurate, we may suspend or terminate your account and refuse any and all current or future use of the Site. We will not be liable for any damages or loss resulting from the removal of any User Content (as defined below) from the Site.
You may cancel your Account at any time and cancellation will take effect immediately.
During your use of our Site, including when you submit User Content (as defined below) you agree that you will comply with all applicable laws, rules and regulations, and that you will not:
On our Site Users will be able to:
We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site, or communicate through the Forum with us or other Users of the Site (“User Content”).
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.
You own all rights to your User Content. However, by submitting User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
Statements, opinions and reviews posted by Users in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Purchase or use of tickets to our Event(s) constitutes acceptance of the following terms, as well as the Terms and Conditions of the sale, as acknowledged during the purchase process. This ticket is a revocable license for the date and time (unless rescheduled) listed on the front thereof. Entry into the event is strictly limited to people who are over such age as designated by Company. We reserve the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person whose conduct is deemed by us, in our sole and absolute discretion, to be disorderly, who uses vulgar or abusive language, or who fails to comply with the rules of the event. Price includes all applicable taxes.
It is unlawful to reproduce this ticket in any form. The use of our tickets for advertising, promotions, contests, sweepstakes, giveaways, etc. without the express written consent of Company is expressly prohibited. Unauthorized resale or attempted resale is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void. Recording and transmitting any report, picture or reproduction of the event to which this ticket is issued is unauthorized, except for limited non-commercial purposes on holder’s personal social media channels only provided that holder is solely responsible for and required to obtain any and all permissions required prior to posting, including but not limited to music clearances, and that recording or transmitting any video in excess of thirty (30) seconds long (regardless of whether it is a single video or series) is strictly prohibited. This ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event for which it is issued. This ticket is not transferable or redeemable for cash.
Holder of a ticket to our Event acknowledges that the event may be broadcast or otherwise publicized, and hereby grants permission to utilize holder’s image or likeness in connection with any live or recorded transmission or reproduction of such event.
Holder may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ATTEND THE EVENT. BY PURCHASING TICKETS, YOU REPRESENT AND WARRANT TO US THAT YOU ARE, OR WILL, BE 18 YEARS OF AGE OR OLDER BY THE DATE OF THE EVENT. YOU UNDERSTAND THAT NO REFUNDS WILL BE GIVEN IF YOU ARE NOT ALLOWED ENTRY TO THE EVENT FOR BEING UNDER THE AGE OF 18. HOLDING A TICKET TO OUR EVENT(S) MAY ONLY GET YOU AN ENTRY INTO OUR EVENT(S). YOU, AND NOT US, ARE SOLELY RESPONSIBLE FOR MAKING ALL ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO TRAVEL (INCLUDING CARRYING APPROPRIATE TRAVEL DOCUMENTS), FOOD, AND LODGING, TO ATTEND OUR EVENT(S).
During the Event, the Live Stream will be available on the Site via an embedded video player.
Company and/or third parties own and retain all rights to the Live Stream. Subject to your compliance with the Terms, Company hereby grants you a limited, non-exclusive, non-transferable, freely revocable license to access and view the Live Stream ON A STREAMING ONLY BASIS for personal, non-commercial purposes only. You may not use the Live Stream, or any of the text, graphics, logos, music and/or any other audio or visual content, or any portion thereof, for any commercial purpose, whether or not for profit. These restrictions apply to any text, graphics, layout, interface, logos, photos, audio, video, stills and all other content contained in the Live Stream. You are prohibited from creating derivative works or materials that otherwise are derived from or based on the Live Stream, including any mash-up videos, even if the derivative materials are not for profit or other commercial use.
We do not guarantee the accuracy, quality or availability of the Live Stream. We also do not guarantee the Live Stream or the embedded video player will be free from glitches, errors or other interruptions. You understand that not every performance taking place at the Event will be available to view through the Live Stream, and that Company has sole control over which performances will be available.
You may not, either directly or through the use of any device, software, Internet site, web service or by any other means, copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Live Stream, or any portion thereof, except you may stream the Live Stream as expressly permitted herein. You may not incorporate the Live Stream or retransmit the Live Stream via any hardware or software application or make it available via frames or in line links unless expressly permitted by Company in writing.
You agree that you will not circumvent, disable or otherwise interfere with security related features of the embeddable player or any other features of the Site that prevent or restrict use or copying of the Live Stream or other materials and Content contained on the Site. You may not, either directly or indirectly, or through the use of any device, software, Internet site, web based service, or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Live Stream, device or other content protection or access control measure associated with the Live Stream.
You understand that you may be exposed to content, materials, and/or images that may be offensive indecent or objectionable, and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have with respect thereto regarding all materials related to the Live Stream. Without limiting the above, to the fullest extent permitted by applicable law, you hereby release and hold Company harmless from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, the Live Stream.
When you visit the Site or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Site or any of our affiliated website are non-confidential.
Any comments and feedback can be sent to JawbreakerFest@gmail.com
All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Site, such as your suggestions regarding improvements that we make to the Site (collectively, “Comments”), will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, title and interest in all patent, copyright, trademark and all other intellectual property, and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. Thus, we will own exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any Comments in confidence; (ii) pay to you, or any third party, any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. We reserve the right to use any Comments.
Subject to these Terms, you are granted a limited, non-sub licensable right to use and access the Site and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Site or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Site or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found on the Site or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Site remain the sole property of Company.
Any unauthorized use of the Site terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
THIS SITE IS FOR UNITED STATES RESIDENTS ONLY. IF YOU ARE A USER ACCESSING THE SITE FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE AND, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of the Terms or your use of the Site.
Assignment. Company may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Company’s express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: 1719 s Clinton St. Chicago IL.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
All questions and concerns regarding the Terms should be directed to JawbreakerFest@gmail.com