Terms of Use

Introduction

Welcome! This website and service is owned and operated by Rosé Day Los Angeles, LLC ("Rosé Day LA," "us," "our," or "we"). These Terms and Conditions of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use our website at www.rosedayla.com (including any subdomains and mobile versions, the "Site"), interact with our other on-site or web-enabled technologies, and to purchase tickets to and participate in or attend the Rosé Day LA event. We may refer to the Site and related web-enabled technologies collectively as our "Digital Services."

Through your use of our Digital Services or your attendance at the Rosé Day LA event, you consent to and agree to be bound by these Terms of Use.

To the extent additional rules or guidelines affect your use of our Digital Services or your attendance at the Rosé Day LA event, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Digital Services and refrain from attending the Rosé Day LA event.

Third-party services

Our Digital Services are intended primarily for informational purposes. We enable you to inquire about the various services, including our Rosé Day LA event, and we provide links for you to purchase tickets through third party ticketing services. Your use of these features and other content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than Rosé Day LA will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

Interruption to Digital Services

We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Attendance at the Rosé Day LA Event

We reserve the right to refuse to provide services or permit you to attend the Rosé Day LA Event for any reason in our sole discretion. In addition, we reserve the right to remove you from the Rosé Day LA Event for any reason in our sole discretion.

Representations & Affirmations

As a condition of your right to use our Digital Services or attend the Rosé Day LA Event, you represent and affirm that you are of legal age to enter into a binding contract, attend the event, and that you are not a person barred from accessing the Digital Services or attending the Rosé Day LA event under the laws of the United States of America, California or any other applicable law.

Use and Restrictions

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, including but not limited to design, structure, "look and feel" and arrangement of the content available on the Sites or use at the Rosé Day LA Event (collectively, "Content") is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Sites are owned by the Company and its affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, "Licensors and Suppliers"). Except as expressly provided in these Terms of Use, no part of any Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Sites and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Sites and Services, including all related intellectual property contained therein.

Photography and Video

Portions of the Rosé Day LA event may be photographed or videotaped. It is possible that images of you may be captured during the Rosé Day LA event, and you agree that we may use such images of you in any manner that we want, and you hereby grant us such rights.

Permitted Uses

Subject to the provisions in these Terms of Use, you may use the Site for non-commercial purposes to view and interact with the Content of the Site. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and related Content in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through any Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through any Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) of the Site and may not be used for any other purpose. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through any Site. You have no right or claim of right to the Content or any unique ideas found on any Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

Any use of Content, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized agent of Rosé Day LA, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized agent of Rosé Day LA. You may not copy any portion of the Content. You may not make any commercial use of Content owned by any third parties which is available on the Digital Services or at the Rosé Day LA event, without the express consent of those third parties.

Warranties, Disclaimers, and Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ROSÉ DAY LA, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY "ROSÉ DAY LA") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND EVENT SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROSÉ DAY LA IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ROSÉ DAY LA BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES, INCLUDING OUR ROSÉ DAY LA EVENT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ROSÉ DAY LA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ROSÉ DAY LA UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS OR THE AMOUNT THAT YOU PAID TO ROSE DAY LA DURING THE PRECEDING SIX MONTHS, WHICHVER IS GREATER. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

YOU SPECIFICALLY AGREE THAT ROSÉ DAY LA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTIONS ENTERED INTO THROUGH A ROSÉ DAY LA SITE/SERVICE. YOU SPECIFICALLY AGREE THAT ROSÉ DAY LA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY IN ATTENDANCE AT OUR ROSÉ DAY LA EVENT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Indemnification

You agree to indemnify, defend and hold Rosé Day LA harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site, your posting of any information to the Site, or your attendance at our Rosé Day LA event, that is inconsistent with these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party's intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.

Dispute Resolution

Any dispute arising out of or relating in any way to your use of our Digital Services, your participation in our Rosé Day LA event, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Los Angeles, California, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Governing Laws

The laws of the state of California and the United States govern these Terms of Use and any claims arising out of or relating to use of the Digital Services or the Rosé Day LA event, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Los Angeles, California will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services or your attendance at our Rosé Day LA event.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Rosé Day LA. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation in Rosé Day LA. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding our Digital Services, constitutes the entire agreement between you and Rosé Day LA regarding your use of the Digital Services and your attendance at the Rosé Day LA event, and that any other prior agreements between you and Rosé Day LA are superseded by these Terms of Use. Any failure by Rosé Day LA to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Digital Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Site, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. Except as set forth in these Terms of Use, no forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Term and Termination

The term of these Terms of Use will continue for as long as we allow you access to and use of the Site and/or Services and after the completion of the Rosé Day LA event that you attend.

Compliance With Law

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Digital Services or take any action at a Rosé Day LA event in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Contact Us

If you have any questions about these Terms of Use or the Rosé Day LA event please contact us at Support@rosedayla.com.