Chilluminati, LLC Terms of Service
Updated August 27, 2017
Don’t stop reading, please. These rules are important! By using the Site, you are agreeing to be bound by these Terms. You should know what they say, especially because if you do not agree to these Terms, you should not use the Site.
FOR THOSE ASKING, “WHAT IS Chilluminati?”
Chilluminati is a Website devoted to psychedelic trance music and culture. We host events, publish articles, links to things we find interesting online, podcasts, videos and art created by the Chilluminati team and other invited contributors. We also provide a discussion forum so you can participate in the conversation; and sell merchandise. Chilluminati, LLC. is a Florida-based company whose data servers are housed in Georgia.
AND NOW FOR THE LEGALESE
Chilluminati grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use Chilluminati in the manner described herein.
Tl;dr: This means that you can read, listen to, watch, and intellectually consume everything on the Site, plus participate in our Forums. In exchange, we ask that you use the Site in the manner and spirit for which it was created and that you adhere to the policies that govern the Site’s use.
So in case it is unclear, you are NOT permitted to interrupt the serving of our Site, introduce malicious code to our forum, assist anyone in misusing the Site in any way, or use the Site to violate the law or the safety or dignity of another person in any way. It takes a lot of work to make this site run. Be cool.
You can browse the Site without logging in. However, to participate in our Discussion Forum, you need to create an account.
To participate in the forum, you may create a new account, use an existing user name and password or log-in using one of your social networking user name and passwords. You are responsible for maintaining the confidentiality of your account information. You are solely responsible for all activity that occurs with your account, regardless of whether you have authorized such activities. If the security of your account has been compromised, contact us immediately.
THIS IS OUR HOUSE
We may, in our sole discretion and without any forewarning, suspend or terminate your account for violating these Terms, or for any other reason we choose. We can remove your User Content without any forewarning, for any reason we choose. And even when we don’t terminate you or remove your stuff, we want to be clear that it does not imply that we assume any responsibility for, or endorse your User Content.
We can also remove the content we post on our site, without any forewarning, for any reason we choose.
We have kids. We love kids. Really we do. But the United States government has put limits on our ability to accept users under a certain age through the Children’s Online Privacy Protection Act of 1998. So to be clear, Chilluminati is not intended for users under the age of 13. Nobody under 13 may create an account or use any part of the Site that requires the submission of personally identifiable information, like email or name. Any account that is created by a person under 13 will be terminated and any content created will be removed from the Site.
CC: NON-COMMERCIAL SHARING WITH ATTRIBUTION
Except where indicated, Chilluminati editorial-created content is licensed under a Creative Commons License permitting non-commercial sharing with attribution. This means that you may link to it and otherwise share it, but if you do, you need to give us credit. You may not use our editorial-created content in any commercial capacity. But if you have an idea for collaboration, it never hurts to ask us nicely.
YOU ASSERT THAT YOU HAVE THE RIGHT TO PUBLISH WHAT YOU POST
Anything that you submit or make available on our discussion forum or elsewhere on our site is considered “User Content.” This includes comments that you write, as well as items that you upload or link to, like images, videos, graphics, audio files, text or other works. When you make User Content available on Chilluminati, you are asserting that you have all the relevant copyright, trademark and intellectual property rights to make that work available or have a well-reasoned belief that your republication of the work is a “fair use.” We are creators and this is very important to us. Please do not post stuff that you do not have the right to post.
YOU GRANT US THE RIGHT TO USE YOUR STUFF
By submitting User Content, you grant us an unlimited license to use your content in any way we choose. This includes creative uses such as republishing the work on our Website, forums, and elsewhere, and practical uses such as copying your content to make back ups of it, displaying it on the website, and distributing and modifying it as needed to make the Site work.
Because our servers are located remotely, and because User Content is retained indefinitely, you grant us these rights worldwide and irrevocably, and agree that we don’t owe you royalties for any use of your content based on these rights, unless expressly implied.
YOU GRANT THE COMMUNITY THE RIGHT TO REUSE YOUR STUFF
Further, when you make User Content available on Chilluminati, you grant the world a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License to it. Be mindful of this when you post.
All sales are final, period. We use a variety of payment processors including, but not limited to, PayPal, BitCoin, Stripe and Square. You agree that Chilluminati shall not be responsible or liable for any losses or damages incurred from those transactions. The PayPal Privacy & Security policy can be found on their site. Same with the other guys. 🙂
Since we are based in Florida, sales tax will be collected for orders originating from Florida for intangible goods such as ticket sales and music downloads, and for orders shipping to Florida for physical goods such as t-shirts, CDs, posters, etc. The current Florida sales tax rate is 6%. This should go without saying, but we will say it anyway: taxes are not our charges.
Regarding events, Chilluminati, Venue Owners, their agents or employees shall not be liable for any death, personal injury (unless caused by negligence of Chilluminati / Venue Owner or its agents and employees), loss damage however caused while in the venue nor are they liable for any complaints, claims, refunds, or exchange for any reason, including without limitation, relocation, cancellation or postponement of the event. Any refunds shall be made only at Chilluminati’s discretion.
Event tickets are sold under the following conditions:
- Once sale is completed, no exchange of tickets will be made. No refunds will be made except at Chilluminati’s discretion. Lost tickets will not be replaced or refunded.
- Entry will be refused if tickets have been found to be tampered, counterfeited.
- Venue age restrictions and rules may apply. No refunds will be made for ignorance of these restrictions. Venue conditions of entry are displayed at the venue, on our website and in most promotional materials. Know what you are buying into.
- Chilluminati / Venue Owner reserves the right, without refund or compensation, to refuse admission/evict any person(s) whose conduct is disorderly or inappropriate.
- Chilluminati may add, withdraw or substitute artists and/or vary advertised programs, event times, seating arrangements, audience capacity or event location with or without prior notice.
- Chilluminati / Venue Owner may use the ticket holder’s image or likeness in any live or recorded video display, picture, publicity material or website.
- Chilluminati / Venue Owner may postpone, cancel, interrupt or stop the event due to adverse weather, dangerous situations, or any other causes beyond reasonable control.
- You agree to follow all venue rules, which vary depending on the venue. It is your responsibility to know and understand what these rules are. We make every effort to post specific venue rules on any event page whenever we can.
- You voluntarily assume all risks and danger incidental to the event whether occurring prior to, during or subsequent to the actual event, including any death, personal injury, loss, damage, or liability.
- You will abide by all local laws and customs in the location where the event is taking place.
It should go without saying, but we’ll say it anyway: this Website contains links to other sites that are not owned or controlled by Chilluminati. Please be aware that we, The Chilluminati, are not responsible for the privacy practices of such other sites. This Terms of Service applies only to this Website.
WE DO NOT ENDORSE SITE CONTENT
Chilluminati takes no responsibility for, nor assumes any liability, and expressly does not endorse or share the opinion of your User Content.
USE AT YOUR OWN RISK: INDEMNITIES AND WARRANTIES
When you create content, you are solely responsible for it and the opinions that you express are your own. You will not hold us responsible [you indemnify us] for any User Content that violates any law or infringes the rights of any third party.
In the legal world, indemnify means you agree to hold Chilluminati, its officers, directors, employees and agents, harmless from and defend them against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way arising out of or in any way connected with your access to or use of the Site, Services, and all Chilluminati and User Content, your violation of these Terms of Service, your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) or any claim that your User Content caused damage to a third party.
CHILLUMINATI WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE CHILLUMINATI WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.
Any claim or dispute between you and Chilluminati arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the State of Florida, without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction of a state court located in Pinellas County, Florida or the United States District Court in Miami, Florida.
CHANGES TO THESE TERMS
We may modify our Terms at any time. If we make changes to this policy that materially alter its effect, we will make it clear to you in advance on the Chilluminati website.
DMCA TAKEDOWN NOTICE AND PROCEDURE
Chilluminati respects the copyrights of others, and we ask our users to do the same. When we reproduce a copyrighted image, text, video or music, we do so only to the extent necessary to comment upon or discuss it; or with permission from its copyright holder; and we always include a link to the original source when possible and appropriate.
We will, at our discretion, deactivate or terminate the account of any user that infringes the copyright of others.
If you believe that your copyrighted work has been copied and is accessible on Chilluminati in a way that constitutes copyright infringement, please send a notice to [email protected] providing the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located, such as the URL where it is posted;
4. Your name, address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Contact The Chilluminati by electronic mail for notice of claims of copyright infringement.
Please be aware that misrepresentations of infringement can result in liability for monetary damages.
If you posted material that has been removed due to a takedown notice and you believe that the material in question is not infringing, you may file a counter notification with us with the following information:
• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under dmca 512 subsection (c)(1)(c) or an agent of such person.
We hope that our terms and conditions are acceptable to you. If we’ve missed anything or if you have any other questions, please feel free to reach out to us any time.