Terms of Service - COLOUR HAIKU Festival

TERMS OF SERVICE
Welcome to Colourhaiku.com. Please be advised that your use of the site constitutes your agreement to follow and be bound by all of the following terms and conditions (the “Agreement”). COLOUR HAIKU as owned by INVISIBLE INDUSTRIES LLC (“Company,” “we,” “us”) reserves the right to change, move or delete portions of, or may add to the any and all parts of Site, including this TERMS OF SERVICE from time to time without prior notice. Any and all exceptions to the rules made by the Company in regards to this agreement are completely under the sole discretion of COLOUR HAIKU as owned by INVISIBLE INDUSTRIES LLC. Changes become effective upon our posting of the revised Policy and or Rules on the Site. Use of the site following such changes constitutes your acceptance of the revised Policy then in effect.

WAIVER:
Liability Agreement for the Color Haiku Event

By using our site, use of our products, purchasing a ticket for and attending the Color Haiku Poster and Art Festival (“Event”), I, the attendee hereby acknowledge and willingly consent to the following terms and conditions:

I hereby agree to waive, release and discharge from all liability COLOUR HAIKU, INVISIBLE INDUSTRIES LLC and THE FOX THEATER in Pomona, as well as its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “releasees”), on behalf of yourself and your children, parents, heirs, assigns, personal representative and estate.

Acknowledgment of Risks: I comprehend and accept that my attendance at the Color Haiku Event may encompass inherent hazards, including but not restricted to physical injury, illness, or property damage. I voluntarily choose to participate in this Event and assume full responsibility for any associated risks.

Release of Liability: In consideration of my attendance at the Event, I hereby release and absolve Colour Haiku, The Fox Theater, Invisible Industries LLC, its organizers, employees, volunteers, and sponsors from any and all claims, responsibilities, demands, suits, or legal causes of action, whether under the purview of law or equity, arising from or in any way connected to my participation in the Event.

Waiver of Claims: I relinquish any and all claims, entitlements, or legal causes of action against Colour Haiku, The Fox Theater, Invisible Industries LLC, its organizers, employees, volunteers, and sponsors, that may arise due to injuries, damages, or losses related to the Event.

Authorization for Medical Treatment: In the event of injury or illness occurring during the Event, I hereby grant Colour Haiku, The Fox Theater, Invisible Industries LLC, the authority to seek and procure medical treatment on my behalf, if it is deemed necessary. I acknowledge my responsibility for any associated medical expenses.

Supervision of Children: I understand and agree that children under my care must be closely supervised at all times during the Event, and I take full responsibility for their safety and behavior.

Acknowledgment of Loud Music: I acknowledge that music at the Event may be loud, and I take full responsibility for protecting my hearing and that of any children under my supervision. Photography and Media Release:

I grant Colour Haiku, The Fox Theater, Invisible Industries LLC permission to employ photographs, videos, or other media recordings of me and my children (if applicable) captured during the Event for promotional purposes without any compensation.

Adherence to Event Regulations: I pledge to adhere to all Event regulations and directives stipulated by Colour Haiku, The Fox Theater, Invisible Industries LLC and its representatives.

Age Verification: I confirm that I have attained the legal age required for participation in the Event, or that I have secured authorization from a legal guardian to attend.

I have perused and comprehended this Liability Agreement and am fully aware of its terms and implications. I recognize that by purchasing a ticket for and attending the Color Haiku Event, I am agreeing to these terms and forfeiting specific legal rights, including the right to institute legal proceedings against Colour Haiku, The Fox Theater, Invisible Industries LLC.

MERCHANDISE RETURNS/REFUND POLICY 
Please see shop store policy.
Wednesday, January 25, 2023

  CORRECTION OF ERRORS AND INACCURACIES  
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any slight errors, inaccuracies or omissions and to change or update information at any time with or without prior notice to reflect the product more accurately (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. If you are not satisfied with the product due to a major change in the updated product information please contact us on a per item basis.

THIRD PARTY LINKS 
As a convenience to you, Colourhaiku.com may provide links to web sites operated by entities other than Colourhaiku.com (”Linked Sites”). These Linked Sites are not under the control of COLOUR HAIKU or Invisible Industries LLC. Therefore if you use a Linked Site, you will leave the Colourhaiku.com. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility understand the privacy policies of the linked Sites. Colourhaiku.com makes no warranty or representation regarding, and does not endorse or is responsible for any linked Sste or the information appearing thereon or any of the products or services described thereon. Links to linked sites do not imply that COLOUR HAIKU, sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized Wednesday, January 25, 2023 to use any trademark, trade name, logo or copyright symbol of colourhaiku.com or Invisible Industries LLC.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Colourhaiku.com on or by this Site, through e-mail or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the sole property of COLOUR HAIKU as owned by Invisible Industries LLC. Such disclosure, submission or offer of any Comments shall constitute an assignment to Invisible Industries LLC of any and all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Invisible Industries LLC shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Without limiting the foregoing, Invisible Industries LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.
You agree, represent and warrant that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Comments you make. You agree that we may use and/or disclose information about your demographics and use of the Site in any manner, subject to the terms of our Privacy Policy. Without limiting Wednesday, January 25, 2023 the foregoing, you agree that Invisible Industries LLC may use your information for marketing and promotional purposes.

PRIVACY POLICY 
colourhaiku.com as owned by Invisible Industries LLC (“Company,” “we,” “us”), is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your Personally Identifiable Information (as defined below). This Privacy Policy (the “Policy”) describes our practices in connection with Personally Identifiable Information that we collect through certain areas of our web site, including the site from which you are linking to this Policy (the “Site”). This Policy does not govern our collection of information through any web site, or by any other means, other than through the Site and Store; nor does this Policy govern the collection of information by any of our affiliates or by third parties.
The Company may gather two basic types of information through the site, store and or emails: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”). Personally Identifiable Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

1. Promotions. Colourhaiku.com may operate sweepstakes, contests and other promotions (collectively, “Promotions”) through Colourhaiku.com or outside links. We typically may ask you for certain PII when you enter and, if applicable, win a Promotion. We reserve the right to share this PII with third parties sponsors of such Promotions (irrespective of whether such Promotions are hosted by Wednesday, January 25, 2023 us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about Company’s, a sponsor’s or other third parties’ use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.

2. Internal Business Purposes and Contact list. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth. By entering your PII you agree to receive occasional emails through our email newsletter but may opt out at a later date.

3. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. We also seek to strike a balance between the security of your data and your convenience. We do this because we believe that our customers attach value to both. As a result, we will often use a method of communication that is less secure than other, less convenient alternatives. For example, certain data you send us, including PII, may be sent to us in unencrypted form. You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk. If you are concerned that PII about you may be transmitted over the Internet in unencrypted form, please do not provide us with any PII. If you
Wednesday, January 25, 2023 have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem.

4. Opt-Out. If you would prefer not to receive marketing-related e- mail messages from the Company, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from the Company.

USE DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER Colourhaiku.com, INVISIBLE INDUSTRIES LLC, NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

CLASS ACTION WAIVER
Any dispute whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative Wednesday, January 25, 2023
or private attorney general legal action. Your access and continued use of the Services signifies your explicit consent to this waiver.

ARBITRATION 
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration exclusively in the State and Federal courts of the State of California in Los Angeles County CA. or another location chosen by INVISIBLE INDUSTRIES LLC. An award of arbitration may be confirmed in a court of competent jurisdiction.

Last Updated: Wednesday, January 25, 2023