Burning Man Houston

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Terms and Conditions

Introduction

Thank you for visiting Burning Man Houston. This website located at
www.burningmanhouston.org (the “Service”) is a project of Houston Art Collective (referred to herein as “HAC,” “we,” “us,” or “our,”), a Texas non-profit corporation that provides artistic and educational content. The terms “you” and “your” refer to people using the Service.

The Service is offered to you conditional upon your acceptance without modification of all the terms, conditions, and notices set forth below and in the Privacy Policy also available within the Service (collectively, the “Agreement”). This Agreement is a contract. Please read the Agreement carefully and agree to it only if you fully understand it. HAC may at any time, at its sole discretion, without notice to you, revise or otherwise modify the Agreement, and your continued access or use of the Service signifies your acceptance of the revised or modified Agreement.

CHOOSING TO USE THE SERVICE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CEASE USING THE SERVICE IMMEDIATELY.

Acknowledgement

You acknowledge that the Agreement is supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Service, receipt of data, access to materials and information made available through the use of the Service, the possibility of our review, use or display of your Submissions (as defined below in the section labeled “Submissions To The Service”), and the possibility of publicity and promotion from our review, use or display of your Submissions.

Registration and Site Security

HAC typically uses industry standard encryption technologies when transferring and receiving electronic consumer data exchanged with the Service. HAC electronic forms typically use secure sockets layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.

HAC does not knowingly reveal any sensitive personal or similar information (“personal information”) that is provided by our customers through the Service to any third parties that do not have agreements with us, except when requested to do so by a governmental agency having jurisdiction, or by a court of competent jurisdiction or other operation of law. We endeavor to keep all personal information provided by customers using our online forms secure, in accordance with legal requirements and practices customarily used in our industry, in an effort to prevent unauthorized use of personal information. Please refer to our Privacy Policy, incorporated as part of the Agreement, for more details.

By using the Service you agree to provide and maintain in our records, current and accurate personal information as indicated to you during our registration processes. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You also agree to promptly notify us of any unauthorized use of your username, password, other account information or personal information, or any other breach of security that you become aware of involving or relating to the Service. In addition, you agree to properly exit or log off from your account at the end of each session.

YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

Restrictions of Use and Ownership of Intellectual Property

All information, content and materials contained in the Service and any intellectual property rights embodied therein are and shall remain the property of HAC or its licensors and is protected under U.S. and International Copyright Law, trade dress laws and other applicable laws. Nothing in the Agreement shall be construed as granting or conferring any proprietary rights or interest to you. None of the information, content or material in the Service including, without limitation, any logo, graphic, sound or image, written material, business model, business process, website design and layout or any internet site owned, operated, licensed, or controlled by us may be copied, reproduced, imitated, republished, distributed, transferred, displayed, sold, resold, broadcast, stored, uploaded, posted, transmitted, licensed, decompiled, used to create derivative works, or distributed in any way without our express written permission. The use of any information, ideas, concepts, content or materials in the Service or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited by us and by law, and may result in severe civil and criminal penalties.

The Service is for your personal non-commercial use only, provided that you do not modify any information in the Service and you shall observe all copyright and other proprietary notices contained in the materials, or in the Service. Elements of the Service are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No written material, logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by HAC. You may not use the Service or its contents for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

Additionally, you agree not to:

  1. Access, monitor or copy any content or information located on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  2. Violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
  3. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  4. Deep-link to any portion of the Service for any purpose without our express written permission; or
  5. “Frame”, “mirror” or otherwise incorporate any part of the Service into any other website without our prior written authorization.

We respect the intellectual property of others. If you believe that any element of the Service is using your work in a way that constitutes copyright infringement please contact us as described below.

If via email to:
admin@burningmanhouston.org with “Copyrights” in the subject line of the email

If via physical mail to:
Burning Man Houston
c/o Houston Art Collective
1770 St James Pl, Ste 100
Houston, TX 77056

Copyright notices must include the following information:

  1. A physical or electronic signature indicating you are the copyright owner or are authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Service Rules

By using the Service, you make the following warranties and representations and agree to abide by the following rules (without limitation of other provisions of the Agreement and applicable law):

  1. All information supplied by you on the Service is true, accurate, current, and complete.
  2. You are at least twenty-one (21) years of age, and you possess the legal authority to create a binding legal obligation.
  3. You will not use the Service or submit or transmit any information or communication that is in violation of the Agreement.
  4. You will not engage in (or attempt to engage in) any type of criminal activity within the Service.
  5. You will not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity rights; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to Submissions.
  6. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by the Agreement (including, without limitation, Submissions), and you authorize us to so use, distribute or otherwise exploit, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any user content, information or materials that you submit, post, upload, distribute or otherwise make available or transmit.
  7. You will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Service.
  8. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information or personal information, or another person’s name, likeness, voice, image or photograph.
  9. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify.
  10. We cannot and do not assure that other users are or will be in compliance with the Service rules or any other provisions of the Agreement, and, as between you and HAC, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.
  11. To the extent that any feature on the Service requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable.
  12. Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails messages that violate these guidelines.

Submissions to the Service

While we welcome comments and suggestions from our customers, unfortunately it is HAC’s policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects developed by HAC may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including, but not limited to, pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (collectively, “Unsolicited Materials”).

If, despite our warnings, you send HAC any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned to us all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, and HAC and its affiliates, shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a “Submission” for purposes of the Agreement.

By submitting Unsolicited Materials to HAC, you hereby appoint HAC as your agent with the power to enter into and execute any contract, document, and/or do any act that HAC considers appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Agreement.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and HAC in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by HAC, you agree not to enforce any such rights against HAC or our licensees, distributors, agents, representatives and other authorized users.

Third Party Sites

You acknowledge that when visiting the Service, you may be directed to other websites not under the control of HAC. For example, if you click on a link, that click may take you off the Service. You acknowledge that when you click on a link which directs you to a site other than the Service, your arrival site may not be controlled by HAC and any terms of use or policies associated with such site may apply. You also acknowledge that HAC may not be responsible for your use, content and terms of use of any such websites.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Service. However, if you believe that a third party site accessed from the Service is using your work in a way that constitutes copyright infringement please contact us as described in the “Restrictions of Use and Ownership of Intellectual Property” section above.

Disclaimer; Limitation of Liability

HOUSTON ART COLLECTIVE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE SERVICE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED IN THE SERVICE. THE INFORMATION, CONTENT AND MATERIALS IN THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND INCLUDING, WITHOUT LIMITATION AS TO ANY PRESENT OR FUTURE EXISTENCE OR FUNCTIONALITY OF ANY PROCESS OR APPLICATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE SERVICE, AND HOUSTON ART COLLECTIVE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON ART COLLECTIVE’S TERMINATION OF THE AGREEMENT.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, HOUSTON ART COLLECTIVE‘S OWN NEGLIGENCE, SHALL HOUSTON ART COLLECTIVE, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR CONTENT, MATERIALS OR FUNCTIONS ON THE SERVICE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON ART COLLECTIVE’S TERMINATION OF THE AGREEMENT.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL HOUSTON ART COLLECTIVE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON ART COLLECTIVE’S TERMINATION OF THE AGREEMENT.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER HOUSTON ART COLLECTIVE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SERVICE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SERVICE IN AN ACCURATE OR TIMELY MANNER. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SERVICE OR HOUSTON ART COLLECTIVE’S TERMINATION OF THE AGREEMENT.

HOUSTON ART COLLECTIVE IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL HOUSTON ART COLLECTIVE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE SERVICE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITE OR HOUSTON ART COLLECTIVE’S TERMINATION OF THE AGREEMENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THE AGREEMENT, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold HAC, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, affiliates, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified persons and entities in connection with any claim arising out of any breach by you of the Agreement or claims arising from your account(s). You shall use your best efforts to cooperate with HAC in the defense of any claim. HAC reserves the right, at HAC’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law, Jurisdiction, Venue and Headings

You acknowledge and agree that the Agreement, and any and all transactions entered into using the Service, shall be governed by the laws of the State of Texas without regard to its choice of law provisions. By utilizing the Service, you further acknowledge and agree that any dispute or claim resulting from use of the Service or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of the Agreement is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions of the Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. This provision shall survive the termination of your use of the Service or HAC’s termination of the Agreement. Section headings contained in this agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HAC as a result of your use of the Service or the Agreement.

Changes to the Agreement and the Service

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE AGREEMENT AT ANY TIME WITHOUT NOTICE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT FOR ANY CHANGES. YOUR USE OF THE SERVICE FOLLOWING ANY AMENDMENT OF THE AGREEMENT WILL SIGNIFY AND CONSTITUTE YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED AGREEMENT.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE SERVICE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE SERVICE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

Termination

The Agreement is effective until terminated by us for any reason in our sole and absolute discretion. You may terminate the Agreement at any time by discontinuing use of the Service and destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under the Agreement or otherwise. In the event that you terminate the Agreement, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage
pre-paid to:

Burning Man Houston
c/o Houston Art Collective
1770 St James Pl, Ste 100
Houston, TX 77056

We may immediately terminate the Agreement with respect to you (including your access to the Service) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the Service and destroy all materials obtained from the Service and all copies thereof, whether made under the Agreement or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of the Agreement, which by their nature should survive the termination of the Agreement, shall so survive such termination.

Entire Agreement and Reservation of Rights

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and HAC with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and HAC with respect to the Service. 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.

Any rights not expressly granted herein are reserved.

Last updated April 19, 2019