Terms and Use



Welcome to our website (the “Site”)! This page explains the terms by which you may use the Site and register for and attend The Food Network & Cooking Channel New York City Wine & Food Festival presented by Capital One (“Festival,” and, together with the Site, the “Service”). By accessing, using or participating in the Service, or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms of Use (the “Agreement”) and to the collection, use and disclosure of your information as set forth in our Privacy Policy which is hereby incorporated by reference herein, whether or not you are a registered user of the Service. God’s Love We Deliver, Inc. (“God’s Love”), Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”) and Food Bank For New York City (“FBNYC”) (collectively, “Festival Organizers,” we,” “us” or “our”) reserve the right to make unilateral modifications to the terms of this Agreement and will provide notice of such changes as described below. This Agreement applies to all visitors and users of the Site, volunteers and attendees of events at the Festival (“Events”), and others who access the Service in any way or capacity (collectively, “Users”).

Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

USE OF THE SERVICE

Eligibility

This is a contract between you and Festival Organizers. You must read and agree to the terms and conditions of this Agreement before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Festival Organizers, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the Service by anyone under thirteen (13) years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Festival Organizers.

Access to the Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Festival Organizers reserve all rights not expressly granted herein in the Service and the Festival Organizers Content (as defined below). Festival Organizers may terminate this license at any time for any reason or no reason.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”; (ii) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Festival Organizers servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Festival Organizers grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or that enforce limitations on the use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

ADDITIONAL TERMS FOR FESTIVAL AND EVENTS

Payment; Reservation Policy
Payment in full, via credit card, debit card or a prepaid card, is required at the time of Festival registration. Register for the Festival by completing the online ticket order form accessible through the Site (the “Form”), which may be processed through our partner SquadUP.com (“SquadUP”). By registering and paying for the Festival and Events through the Site, you agree to the applicable Terms of Use and Privacy Policy of SquadUP. Registration for the Festival is subject to the terms and conditions contained in the Form. Payments will be processed at the time of registration. Once you complete the registration and the Festival Organizers receive payment in full, a Festival representative will email your registration confirmation along with information for attending the Festival and registering for Events. Please notify the Festival Organizers immediately if you do not receive a confirmation email.  You are solely responsible for ensuring you receive registration confirmation.

Festival Code of Conduct
By registering for and/or participating in the Festival and Events, you agree to comply with any code of conduct that Festival Organizers may provide or make available to you in connection with the Festival and any code of conduct that may be in place for any Events (each, a “Code of Conduct”). Any Code of Conduct is designed to facilitate positive interactions during the Festival and Events. Failure to comply with a Code of Conduct may result in your Festival and/or Event participation being terminated and you may be banned from participation in future events. Please report any violations and suspected violations of the Code of Conduct to onsite security or to a Festival Organizer representative. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Festival Organizers shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Festival Security

 

By registering for and/or participating in the Festival, you agree to comply with and abide by the following security procedures (as applicable): (i) If badges are provided, badges must be worn and visible at all times while you are located at the Festival and/or Event venue(s) and/or participating in the Festival and/or Event, and may not be shared or exchanged with any person or persons; (ii) you must allow your bag to be checked randomly and/or at any time; (iii) you must not leave any bags or property unattended at any time (unattended property may be removed); (iv) except when specifically indicated as a family dedicated event, no persons under twenty-one (18) years of age will be permitted at the Festival Events; (v) items prohibited at the Event include: firearms and/or other weapons, explosives, and/or other hazardous materials or articles; and (vi) no one under the age of 21 is permitted to consume alcohol at the Festival or any Events. Festival Organizers reserve the right to take any security measures it deems appropriate to increase the safety of attendees, exhibitors, presenters and/or speakers, without prior notice. Festival Organizers reserve the right to change the policies set forth herein, without prior notice, and has sole discretion to deny entry to anyone.

Assumption of Risk
Your participation in, and attendance of, the Festival and any Events or any related activities is completely voluntary. Festival Organizers do not guarantee admittance to the Festival or to any specific Event at the Festival and reserve the right to refuse admittance to the Festival or any Event to any person, at its sole discretion. You accept and assume all risks of any and all personal injury and/or damage to your personal property that you may face while attending and/or participating in the Festival, Events or related activities, and you hereby waive any claims against Festival Organizers and/or their agents, directors, officers, employees, contractors, and Festival sponsors and partners relating to such risks. YOU UNDERSTAND AND AGREE THAT SOME ACTIVITIES AT THE FESTIVAL AND/OR EVENTS MAY CARRY INHERENT RISK, AND THAT, BY PARTICIPATING IN THOSE EVENTS, YOU FREELY AND WILLFULLY ASSUME THOSE RISKS.

Personal Release
You hereby authorize Festival Organizers and their agents, employees, contractors, licensees and designees, and its and their respective successors and assigns (collectively, the “Festival Organizer Parties”) to photograph, record, videotape, webcast and/or podcast (“Record”) the Festival and/or any Events and your participation therein (the outputs of such Recording, the “Recordings”). You agree that your image, likeness, voice, statements and other identifying characteristics (collectively, your “Image”) may be Recorded, and you consent to the Festival Organizer Parties’ use of your Image in connection with the use of the Recordings (as described below), without compensation or royalties to you or further permission by you. You waive any right you may have to inspect and/or approve the use of the Recordings, in their original form or as modified, and you agree that Festival Organizers are not obligated to make any use of your Image or exercise any of the rights granted to it. You understand that your Image may appear in Recordings made available to you, other attendees, or the public, and that third parties may retain and distribute those Recordings. You agree that Festival Organizers exclusively own all rights (including, without limitation, Intellectual Property Rights (as defined below)) in the Recordings, and you hereby assign, transfer and otherwise convey to Festival Organizers, irrevocably and in perpetuity, all rights, title and interest you may have in and to the Recordings. Accordingly, and without limiting the generality of the foregoing, you acknowledge and understand that Festival Organizers may use, reproduce, distribute, edit, modify, prepare derivative works of, digitize, translate, display, perform and otherwise exploit the Recordings and your Image therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any purpose in connection with Festival Organizers, their business, the Festival and any Events, and for any other lawful purpose. You further acknowledge and understand that Festival Organizers own any and all results and proceeds derived from the use of the Recordings and your Image therein, and that no portion of such proceeds will be shared with you. You hereby release and discharge the Festival Organizer Parties from, and irrevocably waive, and agree that you will not assert or maintain against the Festival Organizer Parties, any claim, action, suit or demand of any kind or nature, including, but not limited to, those grounded upon misuse, physical or emotional injury or distress, loss, damages, liabilities, expenses, infringement of Intellectual Property Rights, invasion of privacy, right to publicity, defamation, libel or slander arising out of or in connection with the Recordings and/or your Image or the exercise of the rights granted herein. You represent and warrant that you possess all of the necessary rights (and have obtained any required permissions) in order to grant all rights granted hereunder and that there is no third-party obligation that interferes with or prevents you from granting the rights specified herein.

Unforeseen Circumstances
The Festival program schedule is subject to change at any time, without prior notice. Festival Organizers cannot guarantee the attendance of any exhibitor, presenter or speaker, or that any scheduled Event will take place. Festival Organizers will not be held liable, and no reimbursement will be made, in the event of the cancellation of the Festival or any Events, or the modification of its time, date, sessions and/or activities that result(s) from an occurrence that is beyond Festival Organizers’ reasonable control, including, but not limited to, inclement weather, earthquake, flood, act of God, war, invasion, act of foreign enemy, hostilities, riot, national state of emergency, plague, epidemic, quarantine, act/threat of terrorism, civil unrest, strikes or other labor disputes, or any other similar or related occurrence which delays or prevents any Event or portion thereof.

USER CONTENT
For the purposes of this Agreement, “User Content” means any content, including, but not limited to, videos, images, music, comments, questions, and other content or information, that you submit, post, display, or otherwise make available on third-party websites or services, including, without limitation, Twitter, Facebook or Instagram, that references Festival Organizers, Festival Organizers’ business or the Festival and/or Events, or that is otherwise related, directly or indirectly, to any of the foregoing. We claim no ownership rights over User Content created by you. You agree that you are bound by the Terms of Use of each respective third-party website or service to which you submit, post, display, or otherwise make available any User Content. Festival Organizers are not responsible for your compliance with any such third-party Term’s of Use, and you should consult the third-party’s website.

You agree not to submit, post, display, or otherwise make available User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, a personal attack or otherwise objectionable, including without limitation based on ethnicity, race, age, religion, gender, sexual orientation, or disability status; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and/or current. You represent and warrant that none of the User Content generated by you violates or will violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights or rights of privacy. To the extent that any User Content generated by you contains music, you hereby represent that you are the owner of all the copyright rights, including, without limitation, the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and that you have the power to grant the “User Content License Grant” granted in Section 4 below.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with any and all User Content generated by you, you affirm, represent and warrant the following:

  1. You have the written consent of each and every natural person, if any, that is identifiable in the User Content to use such person’s name, image, likeness, voice, statements and/or other identifying characteristics in the manner used in the User Content, and each such person has released you from any liability that may arise in relation to such use.
  2. You have obtained, and understand you are solely responsible for obtaining, all consents that may be required by law to submit, post, display, or otherwise make available any User Content relating to third parties.
  3. Your User Content, and Festival Organizers’ use thereof as contemplated by this Agreement, will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights.
  4. Festival Organizers may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  5. To the best of your knowledge, all your User Content and other information that you submit, post, display, or otherwise make available is truthful and accurate.

Festival Organizers take no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, displays, or otherwise makes available. You shall be solely responsible for your User Content and the consequences of submitting, posting, displaying, publishing or sharing it, or otherwise making it available to others, and you agree that Festival Organizers shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

USER CONTENT LICENSCE GRANT
By submitting, posting, displaying or otherwise making available any User Content, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Festival Organizers a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your Image as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Festival Organizers’ (and their successors’ and affiliates’) businesses, including, without limitation, for promoting part or all of the Service in any media formats and through any media channels.

OUR PROPRIETARY RIGHTS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (collectively, the “Festival Organizers Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Festival Organizers and their licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Festival Organizers Content. Use of the Festival Organizers Content for any purpose not expressly permitted by this Agreement or the Service’s functionality is strictly prohibited.

You may choose to, or we may invite you to, submit comments or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Festival Organizers under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Festival Organizers do not waive any rights to use similar or related ideas previously known to Festival Organizers, or developed by its employees, or obtained from sources other than you.

DONTATING TO FESTIVAL ORGANIZERS

Making a Donation
We may allow you to make donations through the Site (each, a “Donation”). If you make a Donation to God’s Love or FBNYC, we will review the information you provided for validity by verifying your method of payment and your billing and/or shipping address. We may contact you (via email or phone) if additional information is required to process your Donation. Without prior notification, God’s Love and FBNYC maintain the right to refuse to accept Donations from any User, for any reason or no reason at all.

No Donations by Children
Only adults authorized to pay with a credit or debit card or other permitted payment method may make Donations to God’s Love and FBNYC through the Service. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent or legal guardian.

Payment Methods
We accept various payment methods for Donations. We will bill your payment method when you make a Donation through the Service. God’s Love and FBNYC will not fulfill any Donations without authorization validation of your payment from your payment method. By using the Service to make Donations, you agree to be bound by the applicable terms of service of our third-party service providers who handle payment services.

SECURITY
Festival Organizers care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

THIRD-PARTY LINKS AND INFORMATIONThe Service may contain links to third-party materials that are not owned or controlled by Festival Organizers. Festival Organizers do not endorse or assume any responsibility for any third-party services, information, materials or products. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Festival Organizers’ Privacy Policy do not apply to your use of such website or service. You expressly relieve Festival Organizers from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Festival Organizers shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

RELEASE AND INDEMNIFY
You hereby agree to release Festival Organizers from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Service. In addition, you waive any applicable law or statute, which may limit the release of the foregoing under a general release, including any that state: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY,” or any similar language under applicable law or statute.

You agree to defend, indemnify and hold harmless Festival Organizers and their affiliates and licensors, and its and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content, including, without limitation, misleading, false, or inaccurate information; or (vi) your willful misconduct.

NO WARRANTY
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, 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, or non-infringement. No advice or information, whether oral or written, obtained by you from Festival Organizers or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Festival Organizers, their affiliates, and their licensors do not warrant that the Festival Organizers Content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device, and for any loss of data that results from such download or your use of the Service.

Festival Organizers do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Festival Organizers will not be parties to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Festival Organizers or their affiliates, or their or their respective agents, directors, officers, employees, contractors, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Festival Organizers be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service.

To the maximum extent permitted by applicable law, Festival Organizers assume no liability or responsibility for any (i) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (v) any errors, inaccuracies or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Festival Organizers or their affiliates, or their or their respective agents, directors, officers, employees, contractors, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.00.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Festival Organizers have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from facilities in the United States. Festival Organizers make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are directed solely to individuals, companies, or other entities located in the United States.

GOVERNING LAW, ARBITRATION AND CLASS ACTION / JURY TRIAL WAVER

Governing Law
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York City, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York City, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration provision below is found to be unenforceable.

Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Festival Organizers. For any dispute with Festival Organizers, you agree to first contact us at info@nycwff.org and attempt to resolve the dispute with us informally. In the unlikely event that Festival Organizers have not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and Festival Organizers agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Festival Organizers from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Class Action/Jury Trial Waiver
With Respect To All Persons And Entities, All Claims Must Be Brought In The Parties’ Individual Capacity, And Not As A Plaintiff Or Class Member In Any Purported Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding. This Waiver Applies To Class Arbitration, And, Unless We Agree Otherwise, The Arbitrator May Not Consolidate More Than One Person’s Claims. You Agree That, By Entering Into This Agreement, You And Festival Organizers Are Each Waiving The Right To A Trial By Jury And The Right To Participate In A Class Action, Collective Action, Private Attorney General Action, Or Other Representative Proceeding Of Any Kind.

 

GENERAL

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Festival Organizers without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement
By providing us your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages about changes to the Service and special offers. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Festival Organizers may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Festival Organizers, in their sole discretion. Festival Organizers reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described above. Festival Organizers are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Festival Organizers may, in their sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we may update the ‘last modified’ date at the top of this page and/or notify you that material changes have been made to the Agreement. Your continued use of the Service after any change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. Any modification to the Agreement is effective upon publication. Disputes arising under the Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.

Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Festival Organizers in connection with the Service, shall constitute the entire agreement between you and Festival Organizers concerning the Service. If you have entered into an event participation release with Festival Organizers, or any other release in connection with the Event, and there is an inconsistency between the terms of such release and this Agreement, the terms of such release shall control. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the Arbitration provision shall also be unenforceable.

No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Festival Organizers’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

California Residents
The provider of services are God’s Love We Deliver, Inc. Southern Glazer’s Wine and Spirits, LLC and Food Bank of New York City. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.