BuddyLove Terms & Conditions
BUDDYLOVE TERMS AND CONDITIONS FOR ACCEPTANCE OF MERCHANDISE AND EVENT ATTENDANCE
These are the terms (the “Agreement”) that govern your attendance at and/or participation in BuddyLove event (referred to herein as “BuddyLove Events”) event or (the “Event(s)”) or acceptance of BuddyLove clothing or merchandise (referred to herein as “BuddyLove Merchandise”) or (the “Merchandise”).
In consideration of the receivingand accepting free BuddyLove Merchandise, or by attending a BuddyLove Event you are agreeing to these terms, which form a legal contract between DiFonzo Holdings, LLC (“BuddyLove”), and the attendee and/or recipient of Merchandise (“you”). If you are accepting Merchandise or accepting an invitation to an Event on behalf of another it is your responsibility to ensure that the person accepting the Merchandise or the person attending the Event is aware of these terms and accepts them, and by accepting the invitation to attend the Event or accepting the Merchandise you are warranting that you have made the attendee or recipient of the Merchandise aware of these terms and that they have accepted these terms.
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Events
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1.1. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and BuddyLove shall have not liability for such costs, unless otherwise agreed to by both parties in writing.
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1.2. Termination. You acknowledge that BuddyLove reserves the right to request your removal from the Event if BuddyLove, in its sole discretion, considers your presence and/or behavior to create a disruption or to hinder the Event and/or the enjoyment of the Event by other attendees or speakers. BuddyLove requires that alcohol be consumed responsibly at all Events.
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1.3. Media. By attending the Event you acknowledge and agree to grant BuddyLove the right at the Event to record, film, photograph or capture your likeness in any media now available and hereafter developed and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to BuddyLove includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media. BuddyLove has the right to repost and/or reshare any content you create about the Event or during your participation in the Event on any and all BuddyLove social channels
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1.4. Event Content. You acknowledge and agree that BuddyLove, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue and time.
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Merchandise
2.1. If you do not agree to these terms and conditions, and/or wish to return BuddyLove merchandise, you must immediately make your BuddyLove contact aware that you will be returning all Merchandise immediately to BuddyLove. If contact is not made within 2 business days of receipt, then Merchandise will be considered to be accepted by you for purposes of this Agreement.
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2.2. In the event you contact BuddyLove to exchange sizes and send the original Merchandise back to BuddyLove, you are considered to have accepted the Merchandise for the purpose of this Agreement.
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2.3. You may not sell accepted Merchandise on any third-party resale sites for at least 180 days after acceptance.
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Intellectual property
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3.1. All intellectual property rights in and to the Event, the Event content and all materials distributed at or in connection with the Event are owned by BuddyLove,
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3.2. BuddyLove may use any images produced by you using the Merchandise or about and/or during your participation in the event for BuddyLove ad creation.
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3.3. For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by BuddyLove or any of its affiliates or grant to you any right or license to any other intellectual property rights of BuddyLove or its affiliates, all of which shall at all times remain the exclusive property of BuddyLove and its affiliates.
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Warranties and limitation of liability
4.1. BuddyLove gives no warranties in respect of any aspect of the Event or Merchandise, or any materials related thereto or offered at the Event or with Merchandise and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness and merchantability. Neither BuddyLove nor its affiliates can accept any responsibility or liability for reliance by you or any person on any aspect of the Event, receipt of Merchandise, and/or any information provided at the Event.
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4.2. Other than to the extent required as a matter of law: (i) neither BuddyLove nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event, Merchandise, or other aspect related thereto or in connection with this Agreement.
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4.3. The maximum aggregate liability of BuddyLove for any claim in any way connected with therewith or this Agreement whether in contract, tort or otherwise (including any negligent act or omission) shall be limited to the market value of the Merchandise received or the market value of your attendance to attend the Event under this Agreement.
5. Governing law and jurisdiction
5.1. This Agreement shall be governed by the laws of the State of Texas and the parties shall submit to the exclusive jurisdiction of the Texas courts.