EFFECTIVE DATE: APRIL 3, 2023

SECTION 1: INTRODUCTION AND OVERVIEW

Welcome to the Terms of Service (the “TOS”) which govern your use of Superfly’s website (the “Site”) and the services offered by Superfly.  These TOS set out the agreement between you (“you”, “your” and/or “guests”) and Superfly Events, LLC (“we”, “us”, “our”, and/or “Superfly”), regarding how you use the Site, and what responsibilities you and Superfly have to each other. 

By accessing or using the Site, you agree to be bound by these TOS and all applicable laws and regulations and agree that you are in compliance with any applicable local laws. If you do not agree to these TOS, you are prohibited from using or accessing this Site. 

SECTION 2: USER CONDUCT

You agree to use the Site only for lawful purposes and in a manner that does not infringe on the rights of others or restrict or inhibit anyone else’s use and enjoyment of the Site. You may not use the Site to harass, defame, or threaten others, or to collect, store, or disclose personal information about others.

SECTION 3: INTELLECTUAL PROPERTY

The Services contain: (i) materials and other items relating to Superfly and its Services, and similar items from our licensors and other third parties, including articles, posts, data, files, images, text, graphics, instructions, illustrations, photographs, sounds, videos, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Superfly; and (iii) other forms of intellectual property (collectively, the “Content”). 

You may not use, copy, reproduce, modify, publish, transmit, distribute, perform, display, or sell any such content or materials without the express written consent of Superfly. All rights, title, interest in and to the Services and the Content are the property of Superfly or our licensors or certain third parties and are protected by United States and international copyright laws. 

SECTION 4: PRIVACY POLICY

Superfly respects your privacy and is committed to protecting your personal information. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. 

SECTION 5: DISCLAIMER OF WARRANTIES

Superfly makes no warranties, express or implied, regarding the Site or the Services offered by Superfly. The Services, and any Content therein, are provided on an “as is” and “as available” basis.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, SUBSIDIARIES, EACH OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “SUPERFLY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE AND PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAYS IN OPERATION OR TRANSMISSION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

SECTION 6: LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUPERFLY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING AND DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF IN CONNECTION WITH (II) THESE TOS OR (III) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. 

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGED ASSOCIATED RESULTING FROM SUPERFLY’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. 

SECTION 7: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Superfly Parties from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (i) your breach or alleged breach of these TOS; (ii) your misuse of the Content; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a third party product, service and/or website; or (vi) any misrepresentation made by you.  

SECTION 8: GOVERNING LAW 

These TOS shall be governed by and construed in accordance with the laws of New York without reference to its conflicts of law principles. 

SECTION 9: CHANGES TO TERMS OF SERVICE

You can review the most current version of these TOS at any time on our Site. We reserve the right to update, change, or replace any part of these TOS by posting updates and/or changes to our Site (which constitutes notice to you). It is your responsibility to check the Superfly Site periodically for any changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 

SECTION 10: ENTIRE AGREEMENT

These TOS and any policies constitute the entire agreement and the understanding between you and us and govern your use of the Site and/or the Services offered by Superfly, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of TOS). This agreement may not be amended or modified except in writing and signed by both parties.

SECTION 11: CUSTOMER SERVICE

Contact us here at legal@superf.ly for any questions or concerns.