Terms of Use

Introduction

Welcome! This website, the Holiday Road event (“Event”), the Holiday Road virtual reality tour (“VR”), and the services described herein are owned and operated by HOLIDAY ROAD LOS ANGELES, LLC (collectively, "Holiday Road," "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 attend the Event, to use the VR, to use our website or any other domain name owned or controlled by us (including any subdomains and mobile versions, the "Site" or “Sites”), interact with our other on-site or web-enabled technologies, and to purchase tickets to the Event. We may refer to the Site, VR, and related web-enabled technologies collectively as our "Digital Services."

Through your use of our Digital Services or your attendance at the 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 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 Event.

Third-party services

Our Digital Services are intended primarily for informational purposes. We enable you to inquire about the various services, including our Event and VR, and we provide links for you to purchase tickets through third party ticketing services to the Event. 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 Holiday Road 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 HOLIDAY ROAD EVENT

We reserve the right to refuse to provide services or permit you to attend the Holiday Road Event for any reason in our sole discretion. In addition, we reserve the right to remove you from the Event for any reason in our sole discretion. We also have the right to cancel or postpone the Event in our sole discretion. Except as set forth below, if the Event is cancelled, you will receive a refund for the price of your ticket that you purchased. Except for a cancellation, no refunds will be provided. If the Event is postponed you will be provided a credit towards attendance at the rescheduled Event, which time and place shall be in our sole discretion. Notwithstanding the foregoing, if the Event is cancelled due to governmental restrictions related to COVID-19, we shall have the option to either provide you a refund or provide you a credit to next year’s Event.

Representations & Affirmations

As a condition of your right to use our Digital Services or attend the 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 Event under the laws of the United States of America, California or any other applicable law. As for any driving tour provided by us, you represent and warrant that the driver and vehicle are licensed, insured and registered and otherwise in compliance with California law and understand that we may require you to present proof of the same in our sole discretion and that failure to present such proof may cause you not to be allowed to attend the Event. You understand and agree that no refunds will be issued and that we may, in our sole discretion, issue a credit for attending the Event on a future date with proof of required insurance.

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, with any of the Digital Services, or in use at the 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, VR, 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, VR, 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 Site, VR, and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site, VR, and Services, including all related intellectual property contained therein.

Photography and Video

Portions of the Event, including as part of the creation of the VR, may be photographed or videotaped. It is possible that images of you or the sounds of your voice may be captured during the Event or could become part of the VR experience, and you agree that we may use such images of you or sounds made by 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 and VR, and attend the Event for non-commercial purposes to view and interact with the Content of the Site or at the Event. 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, VR, and related Content, and attend the Event in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface, Content, or any aspect of the Event, including any software, on or through any Site or VR, 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, VR, or at the Event may not be copied, modified, republished, assigned, sold or distributed by 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 or VR, or your personal attendance at the Event and may not be used for any other purpose. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the VR, Content and user interface made available from, on or through any Site or at the Event. You have no right or claim of right to the Content or any unique ideas found on any Site, VR, or at the Event. 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 Holiday Road 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 our Content without prior written permission of an authorized agent of Holiday Road. 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 Event, without the express consent of those third parties.

Warranties, Disclaimers, and Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOLIDAY ROAD, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS 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 OR YOUR ATTENDANCE AT THE EVENT. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND EVENT SERVICES OFFERED THROUGH THE DIGITAL SERVICES OR AT THE EVENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOLIDAY ROAD IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, DISRUPTION OF THE EVENT, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES OR YOUR ATTENDANCE AT THE EVENT.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES AND YOUR ATTENDANCE AT THE EVENT IS AT YOUR SOLE RISK AND YOU AGREE TO ASSUME ALL RISK ASSOCIATED THEREWITH. UNDER NO CIRCUMSTANCES, WILL HOLIDAY ROAD BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES, WHETHER TO YOUR PERSON OR TO YOUR PROPERTY, 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, INCLUDING YOUR ATTENDANCE AT THE 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 (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF HOLIDAY ROAD 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 HOLIDAY ROAD 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 HOLIDAY ROAD DURING THE PRECEDING SIX MONTHS, WHICHVER IS GREATER.

YOU SPECIFICALLY AGREE THAT HOLIDAY ROAD 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 THE SITE OR DIGITAL SERVICES. YOU SPECIFICALLY AGREE THAT HOLIDAY ROAD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY USING THE SITE, VR OR IN ATTENDANCE AT OUR 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, BUT YOU UNDERSTAND THAT ANY COURT OF COMPETENT JURISDICTION WILL ENFORCE THESE RIGHTS TO THE GREATEST EXTENT POSSIBLE.

COVID-19

The novel Coronavirus, commonly known as COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

We have put in place preventative measures to reduce the spread of COVID-19; however, we cannot guaranty that you will not become infected with COVID-19 if you attend the Event. Further, your attendance at the Event could increase your risk of contracting COVID-19.

By purchasing a ticket and attending the Event, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, Holiday Road or our employees, crew members, agency personnel and client personnel and any of the Events participants or attendees. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance of, engaging in, and/or participation in the Event.

Indemnification

You agree to indemnify, defend and hold Holiday Road, and any of its agents, representatives, partners, licensors, employees, officers or directors, 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 or Digital Services, your posting of any information to the Site, or your actions at or attendance at the Event, that is inconsistent with these Terms of Use or caused by your actions or inaction, including without limitation your actual or alleged violation of these Terms of Use, or your infringement or violation of a third party's intellectual property or any other rights.

Dispute Resolution

Any dispute arising out of or relating in any way to your use of our Digital Services, your participation or attendance at the Event, or information you receive through our Digital Services, you must submit to confidential, binding arbitration in Los Angeles, California before one arbitrator if so requested by us. 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 for your claims against us, with regard to any claim by us against you which may, for example, allege you breached this contract or alleging 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 without first seeking or engaging in any arbitration process, at our option and sole discretion. You hereby consent to the exclusive jurisdiction and venue 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, you waive any right to request 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 your use of the Digital Services or your attendance at the 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 the 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 or attendance at the Event 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 Holiday Road. 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 or attendance at the Event or your use/purchase of the Digital Services. 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 or our Event, constitutes the entire agreement between you and Holiday Road regarding your use of the Digital Services and your attendance at the Event. Any failure by Holiday Road 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, attendance at the Event, 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, VR, the Event itself, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. 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, Services, and/or Digital Services and shall continue to apply as necessary both before and after you have attended an Event.

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 an Event in any way that violates applicable state, federal, or international laws, including regulations or other government requirements.

Contact Us

If you have any questions about these Terms of Use or the Holiday Road Event please contact us at info@holidayroadusa.com.