Soundslinger, LLC (“we,” “us,” “our” and “Soundslinger”) is committed to protecting your privacy. Our privacy policy (“Privacy Policy”) applies to any users of any Soundslinger website(s) (“Site”), mobile application(s) (“App”), social media pages and accounts, browser extensions, live and in-person experiences, messaging to which users have opted in pursuant to this Privacy Policy and our Terms & Conditions and any and all related services and offerings (all of the foregoing collectively referred to as the “Services”). This Privacy Policy is designed to provide notice to you and explain the information we collect and how we use it to provide our Services. Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms & Conditions located at www.okeechobeefest.com/privacy.

By interacting with the App or Site or otherwise benefiting from our Services, you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy and as otherwise permitted by law.

IF YOU ARE A USER ACCESSING THE SITE OR SERVICES FROM THE EUROPEAN UNION, CANADA, ASIA, AUSTRALIA OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE AND SERVICES, WHICH ARE GOVERNED BY APPLICABLE LAWS, THIS PRIVACY NOTICE, AND OUR TERMS OF USE, YOU ARE BE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE PROCESSING OF PERSONAL INFORMATION IN YOUR COUNTRY FOR USES DESCRIBED HEREIN.

INFORMATION WE COLLECT AND RECEIVE

We collect both Personal Information provided by users and other information about our users with pseudonymous identifiers that de identify data collected. “Personal Information” is information that can be used to contact or identify you, such as your full name, email address, phone number and billing information, as well as information that is linked to such information. Pseudonymous identifiers are used so that the data cannot be used to contact or identify you, and includes passively and permissibly collected information about your activities on our Services, such as usage data, to the extent that information is not linked to your Personal Information.

You may be asked to provide Personal Information when:

Registering for the Services, including any information that you provide to us in participation in sweepstakes and contests, signing up to receive notifications and newsletters, completing other forms or engaging with Soundslinger in any way via the Services. This may include your first and last name, email address, home address, work experience, gender, profile picture, birthday, phone number and tax information (if necessary for a contest, sweepstakes or promotion). We may authorize a third party trusted vendor to also collect your credit card type, number, expiration date, and security code as well as your billing address for payment purposes on our behalf. We will also store your member account credentials, including your chosen username and password and any transaction and communication records, ticket identifiers and license plates as may be required to provide the Services.

Submitting a request to participate as a volunteer, performer or vendor. This may include Personal Information as well as your availability, location, skills description and requirements;

Communicating with us or with other users through the Services, and via text, email or otherwise for any purpose, including without limitation, for use of our customer support, in which case an audio recording of your voice on the customer service call may also be captured and stored;

Providing information in your user preferences, to customer support services or that you post on any messaging forums, if any;

Purchasing a product or service through the Services, where we or a third party vendor may collect payment and/or credit card information on our behalf;

Attending live events where recordings may be captured for security, health or other reasons or our wifi or other Services are used;

Sharing Personal Information about yourself on social networking websites. In such a case, the third party social networking site’s privacy policies will govern any interactions on the platform and you will be notified that we will have access to your information. Personal data may include but is not limited to biographical data such as that related to employment, interests and personal network of connected accounts on the platform as well as any user-generated content posted on the sites;

Permission to collect Personal Information from or about you. We may request permission to access and store your location to tailor our Services and offerings to enhance your user experience. If you use and authorize the location-enabled services, we may receive information about your actual location (such as GPS signals sent by a mobile device or via your web browser when on the App or Site). If you grant us permission to collect Personal Information from or about you related to geolocation or otherwise, we will access and or store such information unless you subsequently opt out by changing your settings.

You can access and browse certain portions of the Site without disclosing Personal Information, although, like most websites, we passively collect certain information from your mobile phone, tablet computer, computer and/or similar devices, such as your IP address, when you browse the App, Site and Services. In order to utilize some features of the Services, you must register and provide us with Personal Information.

SMS Permissions

You may, 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.

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.

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.

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. For help, please text HELP in response to any message you have received from us or you may email info@soundslinger.com.

Our servers (which are hosted by a third-party service provider) collect information from you, which may include your browser type, unique online or device identifiers, operating system, Internet Protocol (IP), connected hardware, software applications, domain name, and/or a date/time stamp for your visit to the App or Site or interaction with the Service. We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed and clicked. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our App and Site. Persistent Cookies can be removed by following Internet browser help directions. Other methods of tracking such as contextual targeting may also be used, and we may use analytics and data collected pursuant to this Privacy Policy as may be permitted by law to interpret your possible preferences to better serve you with our Services. To the limited extent that we may target direct marketing to you or personalize the offers you see in our Services based on the profile data we compile from your behavior tracked via our Services, this marketing or personalization may also be considered “selling”, “sharing”, or processing for the purposes of “targeted advertising” of your personal information. You may opt out or request deletion of your personal data as provided below.

We may also use third party tracking services, such as Google Analytics, to track and analyze data from users of our Services and location-enabled services to facilitate delivery of our Services. In the event you prefer to opt out of such services, you must contact those companies directly.

Please note that you can choose not to provide us with certain information, but this may limit the features of the Service you can use.

SENSITIVE PERSONAL DATA

Some of the personally identifying information we collect to provide the Services may be considered “sensitive personal information” in some of the states and jurisdictions in which our users reside, including your gender, age and geolocation data, financial information, information from your government identification card, health and biometric data, exact geolocation data and data on your race and national origin, only as you have provided to us and only for the purposes permitted in this Privacy Policy and applicable laws. We will not sell or share your sensitive data except as described herein for necessary and legally permissible business purposes, nor will the same be used for targeted advertising.

HOW WE USE YOUR INFORMATION

We will use your Personal Information in the ways described below or described at the time that the information is collected.

You consent to our use of your Personal Information as necessary or appropriate to:

• provide you with customer support;

• register you and provide you with access to the Services, including verifying your email;

• perform the Services, which may include serving you personalized offers, discounts and experiences related to the Services and determining your eligibility for the Services;

• respond to your inquiries or requests;

• send communications and technical and administrative emails about the Services;

• personalize and better tailor the features, performance and support of the Services for your use;

• send you promotional and marketing information, newsletters, offers or other information from us or on behalf of ourselves and our sponsors, partners or advertisers;

• provide you with opportunities and functionality that we think would be of particular interest to you;

• improve the quality of the Services including using analytics, research and audits;

• contact you regarding your survey responses, or your promotion, sweepstakes or contest entry;

• provide directions or other location specific information for live events;

• analyze, benchmark and conduct research on, user data and user interactions with the Services; and

• to comply with laws and regulations and to prevent fraud, spam, abuse or illegal activities.

HOW WE SHARE AND DISCLOSE INFORMATION

We know how important it is to keep your information confidential. We will not rent, sell or share your Personal Information with third parties except as specifically set forth herein or as specifically approved by you. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to provide your Personal Information, you may choose not to use the Services and you may choose to have certain personal data deleted.

Users.

Any information you choose to share in connection with the use of forums, social media websites or message boards should reflect how much you want us, our other users, and third parties to know about you. We recommend that you guard your anonymity and Personal Information and we encourage you to think carefully about what Personal Information you disclose through these platforms.

Service Providers.

We may employ third party companies and individuals to facilitate or enhance our Services, to provide the Services on our behalf, to perform tasks (e.g., without limitation, business operations, ticket sales, maintenance services, database management, web analytics, payment processing, sweepstakes and surveys, event promotion and booking, marketing campaigns improvement of the Services, etc.) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information but only to perform these tasks on our behalf and are obligated not to disclose it or use it for any other purposes other than as described in the Privacy Policy. Third parties who engage with data under our instruction are required to comply with appropriate contractual, technical and other security measures to prevent unauthorized use, retention or disclosure of your data.

Sponsors.

We may collect Personal Information about you and share it with third parties to the extent that you give us permission at the time of collection. For example, we sometimes gather Personal Information that is then shared with a sponsor of the Soundslinger Services and events, such as festivals. In such a case, the information will only be shared with the sponsor and will be subject to the sponsor's privacy policy.

Information with Pseudonymous Identifiers.

We may share data encrypted with pseudonymous identifiers with third parties, and, depending on the circumstances, we may or may not charge third parties for such information, or limit the third parties' use of the same. A pseudonymous identifier is a unique identifier that cannot be directly linked to an individual. Pseudonymous identifiers can be used to track users across devices and sessions, but they are designed to prevent the tracking and profiling of subscribers beyond what is necessary to provide the Services.

Compliance with Laws, Law Enforcement, and Safety.

We will disclose any information about you to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including but not limited to warrants and subpoenas), to comply with applicable laws, to protect the property and rights of the Soundslinger, you, other users and participants and third parties as may be reasonably necessary to protect the safety of the public or any person, or to prevent or stop activity we may consider to pose a risk of being, or is illegal, unethical, dangerous or legally actionable.

Internal Use.

We may share all or some of your Personal Information with any of our parents, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy.  Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets reasonably shared or transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy.

Online Surveys, Sweepstakes, Contests, and Giveaways.

From time to time, we conduct online surveys and offer sweepstakes or contests via the Services (each, a "Promotion"), and we may collect Personal Information in connection with the same. We may use your Personal Information to contact you regarding your Promotion entry, or to contact you if you win a Promotion (if applicable). You should carefully review the rules, if any, of each Promotion in which you participate through the Site, App or on social media platforms, as they may contain additional important information about the use of your Personal Information. To the extent that Promotion rules may conflict with this Privacy Policy, such rules will govern that particular Promotion.

In addition to the above listed disclosures, we may also disclose aggregated or de-identified information that cannot reasonably be used by recipients to identify you.

CHILDREN'S INFORMATION

The Services are not directed or intended for children under 13 years of age. We do not knowingly collect or solicit Personal Information from individuals under 13 years of age. No one under age 13 may provide any Personal Information to or on the Site. If you are under 13 years of age, you should not register or provide Personal Information through the Site. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at info@soundslinger.com so that we may delete and remove such child's information from our systems.

We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.

If you believe that we might have any information from a child under age 13, please contact us via email at: info@soundslinger.com

THIRD PARTY SITES AND SERVICES

The Services may contain links to websites Third-Party Sites that we do not control. This includes any websites that you linked to from advertisements that appear on the Services. We also use a variety of technologies and social media options to communicate and interact with our users, including, but not limited to, Facebook, Twitter, YouTube, which are not operated or controlled by us. We do not monitor, control, or endorse the information collection or privacy practices of Third-Party Sites. We encourage you to become familiar with the privacy practices of each website you visit and to contact them if you have any questions about their respective privacy policies and practices.

This Privacy Policy applies solely to information collected by us through the Services and does not apply to Third-Party Sites. The ability to access information of third parties from the Services, or links to Third-Party Sites, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.

SECURITY AND DATA RETENTION

We are concerned with safeguarding your information and employ legally-required measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal information “ or "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

We will retain your Personal Information only for as long as is reasonably necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you. Reasonable timeframes will be determined based on applicable laws, industry customs, potential risks involved, system capabilities and associated costs.

YOUR RIGHTS AND CHOICES

Remember, you have several choices and rights available when it comes to your Personal Information:

Limit the Personal Data You Provide.

You can still use the Site without providing any Personal Information or by limiting the Personal Information you provide. If you choose not to provide any Personal Information or limit the Personal Information you provide, you may not be able to use certain Site and App functionality and/or Services.

Right to Know and Access.

You have the right to request to know your personal information collected, used, disclosed, sold or shared for the purposes of cross-context or targeted advertising, including the purposes of use, categories of sources from which we acquired your information and the categories of, or in some cases a list of specific third parties to whom we disclosed personal information. You also have the right to request access to (receive a copy of) the specific pieces of personal information we have collected about you (note that we will not provide any sensitive personal information we may hold in response to this type of request). You also have the right to request your data we have collected in a “portable” format.

Right to Correct.

You have the right to request correction of any inaccurate or incomplete personal information about you, with exceptions. You have the ability to correct information provided by you in your account.

Right to Request Deletion.

You have the right to request deletion of your personal information, with exceptions. We will delete your personal information upon such request, except to the extent we determine that we need the information for a business purpose and have a legal right to maintain it.

Changing or Deleting Your Information.

You must specify in an email to info@soundslinger.com the information you would like updated or removed. Keep in mind, however, that even if you request that we delete or change your Personal Information, we may retain your Personal Information as legally permitted and in conformance with our data retention policy and there may be residual Personal Information that remains within our or Third-Party Sites’ databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Privacy Policy.

Opt-Out.

When you supply us with Personal Information, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Services, and/or our advertisers, sponsors or partners. In all promotional emails, you will be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says "unsubscribe." It may take up to ten (10) days for us to process an opt-out request. Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices, surveys and any communications required by law. Please note that opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as a sponsor or affiliate) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.

Opt-Out of Receiving SMS.

To opt-out of receiving SMS, text 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. For help, please text HELP in response to any message you have received from us or you may email info@soundslinger.com.

Right to Nondiscrimination.

You have the right to be free from discrimination as a result of exercising your rights hereunder.

Right to Appeal.

You may have the right to appeal, depending on where you reside. Please submit any appeal requests to info@soundslinger.com.

CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. To request the above information, California residents please email us at info@soundslinger.com.

PRIVACY POLICY CHANGES

We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different from the uses described in this Privacy Policy without giving you an opportunity to opt-out. Your continued use of the Services after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at:

info@soundslinger.com

Soundslinger, LLC, 240 Crandon Blvd. Suite 250, Key Biscayne, FL 33149

© 2024 Soundslinger, LLC. All Rights Reserved.

Soundslinger, 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 https://www.soundslinger.com/, https://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