Soundslinger, LLC Terms & Conditions

Soundslinger, LLC, which includes Soundslinger, LLC's owners, officers, directors, parents, subsidiaries, agents, employees and licensees, including but not limited to, OMF 2026 LLC (“we,” “us,” “ours,” and “Soundslinger”) is a live music and real estate company that develops music, art, and lifestyle businesses, including the Okeechobee Music & Arts Festival (“OMF”) through www.soundslinger.com, www.okeechobeefest.com, and other websites and related mobile and software applications, social media platforms and live event venues (“Services”) under these Terms and Conditions (the “Agreement”), which affects your rights. 22.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account or you discontinue accessing the Services or Properties, as defined below.

This Agreement constitutes a legally binding agreement between each individual who engages with or benefits from the Services or Soundslinger websites, mobile or software applications, social media platforms, live events or venues (the “Properties”). If you use any of the Soundslinger Properties or Services, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE PROPERTIES AND SERVICES AND TERMINATE YOUR ACCOUNT, IF ANY, IMMEDIATELY.

Your Soundslinger account

To use our Services and Properties, you agree you are at least 13 years old. To redeem certain offers and promotions, access tailored information and use our Services and Properties to the fullest extent, you may elect to provide us additional information such as your name, email address and password, for example, for Soundslinger to create your account (“Account”). Each person is limited to one Account. Information that you submit through our Properties or Services may be saved and including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.

You agree to keep your information current, complete and accurate by periodically updating the information through the Soundslinger Properties. You must be logged into Soundslinger and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the Soundslinger Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Services and Properties. Any use of your username and password will be deemed to be your use, and Soundslinger is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

If Soundslinger has any reason to suspect fraudulent activity is associated with your Account or engagement with Soundslinger Services, Properties or Content, Soundslinger reserves the right to escalate and review in accordance with our fraud process. Soundslinger decisions are final. Any use of Third-Party Platforms to create and access your Account, if any, is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”). You may terminate your Account at any time.

Limited license and restrictions

Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Soundslinger Properties for your personal use to access the Services. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Soundslinger reserves the right to change, upgrade or discontinue the Services, any Soundslinger Properties, and any feature of the Services or the Soundslinger Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Soundslinger or its licensors.

You agree that you will not, and will not permit others to:

• damage, interfere with or unreasonably overload the Soundslinger Properties;

• introduce into the Soundslinger Properties any code intended to disrupt the Properties or Services;

• alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Soundslinger Properties (collectively, “Content”);

• access the Services or Properties by expert system, electronic agent, “bot” or other automated means or frame the Soundslinger Properties within any applications;

• use scripts or disguised redirects to derive financial benefit from Soundslinger;

• modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Soundslinger Properties or Services for any reason;

• rent, sell or sublicense any of the Soundslinger Properties or Services;

• provide any unauthorized third party with access to the Properties or Services;

• access or attempt to access confidential Content through the Soundslinger Properties or Services or attempt to circumvent any security, Content protection, or authentication measure associated with the Soundslinger Properties or Services;

• interfere with the operation of the Properties or Services, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;

• post any material in any form whatsoever on the Soundslinger Properties or Services that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity;

• infringe any third party’s patent, copyright, service mark, trademark, patent, trade secret or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Services or the Soundslinger Properties;

• engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity using the Services or Properties;

• use the manual or automated software, devices or other processes to "scrape," "crawl," "spider" or index any page of Content from the Soundslinger Properties or Services;

• attack the Soundslinger Properties via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or

• otherwise attempt to interfere with the proper working of the Soundslinger Properties or Services.

Soundslinger reserves the right to withhold, deny or cancel any offers, rewards or information and/or terminate your account, if any, and license to interact with Soundslinger Properties and/or Services if Soundslinger, in its sole discretion, deems your activity fraudulent, abusive, unethical, suspicious, illegal or otherwise inconsistent with this Agreement, any other applicable terms and conditions or any other applicable laws or regulations. Soundslinger decisions are final. Any sweepstakes, contests and giveaways shall have separate rules in addition to these that shall govern those opportunities.

Soundslinger applications

Soundslinger may make available software applications (“Applications”) to allow you to access our Services. Applications include our mobile app and browser extension and for purposes of this Agreement, are expressly included in all references to Soundslinger Properties. When you are interacting with the Soundslinger Applications, we will collect information you click on. The Soundslinger Applications may alert you of offers and useful information and may collect information about your behavior within your browser session for internal testing purposes. Information collected by the Soundslinger Applications for these purposes will include date and time of use, browser type, browser version, device type, URLs of web pages visited, general information about the visited web page, searches, search results, information about products added to cart, if any and other information consistent with our Privacy Policy. Any data collected by the Soundslinger Applications will be used, stored, and/or disclosed in accordance with our Privacy Policy.

You can stop all collection of information by the Soundslinger Applications by uninstalling them. Soundslinger Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has export restrictions, including U.S. embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list of export restriction, and that you will otherwise comply with all applicable export control laws.

Receiving communications

You agree to receive communications and notices by electronic mail. Our communications may be account-related as well as periodic emails that highlight information and special offers available to Soundslinger fans. We may communicate with you regarding the Services by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you establish an Account.

We may send you push notifications if you install the mobile Applications. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.

You may also, but are not required to, opt in to receive Short Message Service (“SMS”) alerts pursuant to the Okeechobee Music & Arts Festival Notifications campaign facilitated by Braze Marketing, which sends marketing and promotional messages to users who opt in to receive SMS, including announcements and promotional offers from Soundslinger, as described below. You may opt in to SMS by providing your mobile information on our website landing page here. Then, you must check a box on the landing page confirming that you agree to receive SMS as described herein at the number you provided. You will then receive a text at the number you provided to which you can reply YES to confirm your consent. By opting in, you will receive marketing and promotional messages from Braze on behalf of Soundslinger solely as related to Okeechobee Music & Arts Festival. Message frequency may vary but should not exceed three (3) messages per month. At any time, you may opt out of receiving SMS by texting STOP or UNSUBSCRIBE to any message received from us and you will no longer receive SMS messages from us after you receive a final SMS message from us confirming you have been unsubscribed. Neither Soundslinger nor any telecommunications, mobile or digital carriers shall be liable for delayed or undelivered messages and message and data rates may apply for any messages sent and/or received by you. For help, please text HELP in response to any message you have received from us or you may email info@soundslinger.com.

You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Services and Properties (“Feedback”) through the Soundslinger Properties, by our member services or through one of our service providers. You hereby grant to Soundslinger and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.

Community standards

By engaging with the Services and Properties, you are part of a community that depends on the goodwill and responsible behavior of each of our members. Community members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the Soundslinger Properties, our employees, contractors or agents, other community members or anyone else. This includes communications by in person or electronically including by means of social media or other Internet posts that violate the above community standards or promote, encourage or engage in fraudulent, unethical or illegal behavior or behavior that infringes on the rights of others, including but not limited to copyright, trademark, publicity, privacy and property rights. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Services and Properties suspended or terminated without prior notice or refund.

Ownership

All rights, title and interest in the Services, Properties and Content belong to Soundslinger or its licensors. Additionally, Soundslinger shall maintain all right, title and interest in the “Soundslinger” marks, names and logos (“Soundslinger Marks”). The Soundslinger Marks may not be used in connection with any product or service that is not Soundslinger’s, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Soundslinger or implies a partnership, sponsorship, or endorsement by Soundslinger. You shall not by any means bid on any keywords with any search engine containing “Soundslinger,” “Okeechobee Music and Arts Festival” or anything substantially similar to any other Soundslinger Mark. You shall not mention or use Soundslinger in any ad text, extensions or banner ads without the express written consent of Soundslinger. All other trademarks not owned by Soundslinger that are used in the Services or Properties are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Soundslinger.

Any content posted by users of Soundslinger Services, Properties and Content (“User Generated Content”) shall remain the intellectual property of such user, for which such user shall remain liable. Soundslinger shall have no liabilities or obligations as related to any User Generated Content and makes no representations or warranties as to the same. Any user who posts User Generated Content grants to Soundslinger an irrevocable, unlimited, perpetual, worldwide, gratis, transferable license including to copy, distribute, publish and modify, including for advertising and other commercial purposes, to such User Generated Content in any manner, in all media now known or hereinafter devised. Any such use by Soundslinger shall not require any credits, royalties or other attributions or payments.

Soundslinger may, but is not required to, monitor User Generated Content, and may act in any way necessary to provide or protect its Services, Properties, sponsors, users, and selves or to comply with legal obligations. Soundslinger reserves all rights to reject or remove any User Generated Content for any reason or no reason at all.

Any notice of potential infringement of the intellectual property or other rights of third parties may be reported in a signed writing to info@soundslinger.com pursuant to the guidelines found in the Digital Millennium Copyright Act (“DMCA”). Minors requesting removal of their posts pursuant to California law may also email info@soundslinger.com.

Indemnification

You agree to indemnify Soundslinger, its affiliates and respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

Warranty disclaimer

THE SERVICES, CONTENT AND THE PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE SERVICES, PROPERTIES OR CONTENT INCLUDING, WITHOUT LIMITATION, ANY SEARCH RESULTS, DESCRIPTIONS, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY SERVICES, PROPERTIES OR CONTENT. IN ADDITION, WE MAKE NO WARRANTY AS TO AVAILABILITY AND DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES OR PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED IN RELATION TO THE SERVICES OR PROPERTIES. IN THE EVENT THE ABOVE DISCLAIMERS ARE NOT LEGALLY PERMISSIBLE IN YOUR JURISDICTION, THEY SHALL NOT APPLY.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUNDSLINGER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

You acknowledge future claims may arise which may, if discovered, impact your consent to this Agreement and specifically waive any rights to the same, including pursuant to California Civil Code Section 1532.

Under no circumstance shall Soundslinger be liable for any features, content, websites or other platforms provided by third parties, including but not limited to those linked to Soundslinger Properties or Content, which you use at your own risk. 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 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. You agree we shall not be liable for exercising any right to change, suspend or terminate our Services, Properties or Content at our sole election.

Termination and suspension

We may terminate this Agreement, your Account, and your use of or access to the Services or Properties at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Services or Properties may result in the termination of your Account or limited permissions to engage with or benefit from the Services or Properties. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Services or Properties or any functionality, feature or other component of any Soundslinger Properties, Services or Content. You agree that Soundslinger will not be liable to you or to any third party for any modification, suspension, or termination of the Services, Properties or Content or your access to the same. If you are dissatisfied at any time, your sole and exclusive remedy is to cease engaging with the Properties or Services or by terminating your Account. Upon any termination, your right to use and access the Services and some Soundslinger Properties will terminate. Termination will not prejudice either you or our remedies at law or in equity.

Dispute resolution

We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Soundslinger, you agree to try to resolve the dispute informally by submitting your request through info@soundslinger.com. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you may proceed as may be permitted by law. You and Soundslinger further agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Soundslinger’s business, Services or Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Soundslinger’s employees, agents or any parents or subsidiaries of Soundslinger. 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. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts. All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

NOTICE REGARDING DISPUTE RESOLUTION: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND SOUNDSLINGER HAVE AGAINST EACH OTHER ARE RESOLVED. YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED HEREIN, TO RESOLVE ANY DISPUTES WITH SOUNDSLINGER, EXCEPT FOR THOSE MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT AS PROVIDED HEREIN.

CLASS ACTION WAIVER: YOU AND SOUNDSLINGER ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Soundslinger can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Soundslinger further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Okeechobee County, Florida. This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to info@soundslinger.com within thirty (30) calendar days of accessing the Soundslinger Properties or the Services for the first time.

Entire agreement

This Agreement constitutes the entire agreement between you and Soundslinger and governs your use of the Services and Properties superseding any prior agreements between you and Soundslinger with respect to the Services and Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Soundslinger unless expressly confirmed in writing by Soundslinger to you. You may also be subject to additional terms and conditions that may apply when you use or access certain other Soundslinger services, Soundslinger affiliate or sponsor services, or third-party content.

Choice of law and venue

The validity, construction and interpretation of this Agreement and the relationship between you and Soundslinger, including the rights and duties of the parties, will be governed by the laws of the State of Florida in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law.

The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Okeechobee County, Florida.

Interpretation and waiver

Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

Non-assignment

You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Soundslinger has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

Changes to the agreement

Soundslinger may at its discretion modify, update, add to, discontinue, remove or otherwise change this Agreement at any time. Each such modification will take immediate effect upon notification to you. Soundslinger may provide you with notices, including those regarding changes to this Agreement, by website, email, regular mail, text message, in-app messaging, posting on Soundslinger Properties or by other reasonable means now known or hereinafter developed. Your continued use of the Soundslinger Properties or Services following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by this Agreement. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account, if one exists. The most current version of this Agreement will be available on our website and supersedes previous versions.

For questions, please contact Soundslinger, LLC:

info@soundslinger.com
240 Crandon Blvd. Suite 250
Key Biscayne, FL 33149|

California residents may also contact:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd.,
Sacramento, CA 95834
(800) 952-5210