Terms Effective as of March 05, 2021

Terms of Use

The website at store.bajabeachfest.com and its subdomains, affiliated websites, and the Content (as defined below) and services available from or through bajabeachfest.com (collectively “Site”) are made available by Collectiv MX LLC, a California limited liability company, and its subsidiaries and affiliates (including without limitation Collecitv PBB, LLC) (collectively, “Company,” “we” or “us” or “our”). These Terms of Use (“Terms”) constitute a legal agreement between the user of the Site (“user” or “you” or “buyer”) and Company. It applies when a user accesses, uses or visits the Site. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. Your use of a particular Site may also be subject to additional terms, codes of conduct, or guidelines governing use of such Sites, including certain features or offers. In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.‍

Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By using the Site you are representing you are 18 years of age or older and are legally capable to enter into contracts. If you are under 18, you may use the Site only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Site. We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors.

Modification Of The Terms

We reserve the right, at our discretion, to change, update, delete or add to the Terms at any time without notification to you. Any changes to the Terms will be effective immediately upon posting, and any continued use by you of the Site after changes have been posted constitute your acceptance to those changes. It is your responsibility to review the Terms and applicable policies periodically for changes, and we encourage you to review the Terms each time you visit the Site. If any modification is unacceptable, you should stop using the Site and our Services.

Code of Conduct

During your use of our Site, including when you submit User Content (as defined below) you agree that you will comply with all applicable laws, rules and regulations, and that you will not: restrict or inhibit any other person from using the Site; use the Site in violation of any laws or regulation; express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of Company; submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; or (d) the private information of any third -parties or information that infringes on or invades the privacy of any third-parties; submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; harvest or collect information about Site users; submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services. engage in spamming or flooding; introduce into our Site a virus, trojan horse or other harmful code or program that may damage the operations of any system or unlawfully intercept data or personal information; or use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer.

Ownership of Content

All text, page headers, technical documentation, images, photographs, designs, graphics, logos, button icons, scripts, service names, product information, visual interfaces, trademarks, sounds, music, videos, streaming content, software and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression contained on the Site is owned or controlled by us, or licensed to us, and is protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. We may change the Content and features of the Site at any time. You may not copy, use, republish, download, post, publicly display, transmit, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission, unless expressly permitted in the Terms. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features designed to protect the Content, is strictly prohibited. Subject to these Terms, you are granted a limited, non-sub licensable right to use and access the Site and all content contained therein for your personal, non-commercial, and informational use only.

Website Features

You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Site or any portion thereof.  On our Site users will be able to: create an Account; purchase merchandise & souvenirs, register to receive priority access to purchase tickets to our events (the “Event”); watch a live stream of certain performances occurring during the Event (the “Live Stream”); purchase tickets to Baja Beach Fest Events; receive news about Baja Beach Fest Events; and participate in contests, sweepstakes, surveys, forums and other interactive features.  We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site, or communicate through the Forum with us or other Users of the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old. You own all rights to your User Content. However, by submitting User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.  We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.   Statements, opinions and reviews posted by Users in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.  If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

Return Policy

If you would like to return a product purchased from the Baja Beach Fest Merch Store, you have the right to return purchased products without any reason, on the  condition that you notify us within 30 days after delivery of the product by submitting a refund request found at the bottom of this page.

During this 30 days’ period, you are obliged to keep the unused products and packaging in an appropriate and careful manner, in its original condition and at your own risk. If this period expires on a non-business day, the deadline is extended till the next business day.

Once our team has received notice of your refund requests, we will send your unique return number (RMA-number) and the return address for your merch. You will then have exactly 14 days from the day we respond to send us back the order.

After our merchandise support team has received your return, we will refund back the amount you paid for the item (including initial shipping costs) or offer an exchange, whichever you prefer, no questions asked.

IMPORTANT:  Please ensure that your unique return number (RMA-Number) is clearly visible on your return package by placing it inside the package. You are responsible for the return of the products and also for the shipping costs for the return. After you have submitted your request for a refund, and after you receive your unique RMA, you must return the products within 14 days.

In case you do not comply with this clause, you remain owner of the products and we shall not be obliged to refund the buyer. Baja Beach Fest cannot be held liable for any damage of the packaging or the products itself which occurred during the period the goods are sent back.

WHEN TO EXPECT YOUR REFUND

After receiving and checking the return for completeness and damage, Baja Beach Fest shall refund the amount of the returned products to the buyer within 14 days (from current 30 days) of your request form submission, provided the goods are returned within that period. This process may delay if the Baja Beach Fest Merch Store does not receive the goods, evidence that you have returned the goods or your bank details (if needed and when asked for) to refund the amount.

THE FOLLOWING ITEMS ARE INELIGIBLE FOR A REFUND

• Baja Beach Fest 2019 Merchandise
• Merchandise purchased at the festival grounds.

RETURN ADDRESS

BBF Store

5451 Avenida Encinas #F

Carlsbad CA 92008

Shipping & Delivery

We do our best to make sure the products are delivered as soon as possible at the delivery address the buyer provided with his/her order. 

BBF Site can never be held responsible if the order is not delivered on time and we are not liable for any loss, liability, damage, cost or expense arising out of late delivery, to the extent permitted by law. BBF Site is not responsible for orders that are lost by way of act of others, unforeseen circumstances or force majeure.

If an order cannot be delivered because of an incorrect address provided by the buyer or if the buyer is absent at the time of delivery, then this is entirely the buyer’s responsibility. In case the buyer is absent, the logistics partner will sometimes try to arrange a second delivery moment, deliver the order with one of the neighbors or at a parcel center nearby. The logistics partner can decide to deliver the order in a parcen center or send the order back to BBF Store. BBF Store can never be held responsible or liable for delays or extra costs arising from the absence of the buyer. If for any of these reasons the parcel cannot be delivered by our logistic partner, BBF Store reserves the right to partially refund the shipping costs.

Shipping costs are calculated based on the products, packaging and the country, state & county the buyer lives in.  

‍CLAIMS OF COPYRIGHT INFRINGEMENT ON THE SITE

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), United States Code, Section 512(c)(2), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.  Notices and counter-notices should be sent to 1049 Hermes Ave, Encinitas CA 92023. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Customer Communication

When you visit the Site or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Site or any of our affiliated website are non-confidential. Any comments and feedback can be sent to merch@bajabeachfest.com. All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Site, such as your suggestions regarding improvements that we make to the Site (collectively, “Comments”), will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, title and interest in all patent, copyright, trademark and all other intellectual property, and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. Thus, we will own exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any Comments in confidence; (ii) pay to you, or any third party, any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. We reserve the right to use any Comments. You agree that we may establish limits concerning the use of any service offered via the Site, including maximum limits on communications, and storage and retention of the same.  You agree that we shall have no responsibility for the deletion, corruption, or failure to store any messages or other content maintained or transmitted via the Site.

Access from Outside the United States

The Site is directed to people residing in the United States.  We do not represent that Content available on or through the Site is appropriate or available in other locations.  We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time.  If you choose to access the Site from outside the United States, you do so at your own risk. If you are a user accessing the Site from any other country with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, please be advised that through your continued use of the site and, you are 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 in your country.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Indemnification

You hereby agree to indemnify and hold the Company, and all of its affiliates, providers, suppliers, advertisers and sponsors, and each of their respective officers, directors, employees, and agents harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of the Site and the products, merchandise, tickets and services of Company; or (b) any breach of these Terms by you.  We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Notice to California Consumers

Under California Civil Code Section 1789.3, California users of  the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.

Governing Law; Jurisdiction

The Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles.  All disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located within San Diego County, California and you agree to submit to the personal jurisdiction of such courts.

General

‍Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of the Terms or your use of the Site.Assignment. Company may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Company’s express prior written consent, and any unauthorized assignment by you shall be null and void. Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.Notices. All notices given by you or required under the Terms shall be in writing and addressed to: 2405 Abbot Kinney Blvd #B, Venice CA 90291, Attn: Christopher Den Uijl and Aaron Ampudia or to merch@bajabeachfest.com unless otherwise specified herein.Equitable Remedies. You hereby agree that we would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.All questions and concerns regarding the Terms should be directed to merch@bajabeachfest.com.