TERMS OF USE

This web site is operated by Festival.com, LLC (“Festival”).  The web site address for Festival is http://www.festival.com (the “Site”). 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these terms of use as they may be modified by us from time to time. If you do not agree to these terms of use, please do not use the Festival Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.  Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.  This Agreement describes the terms and conditions applicable to your use of any and all products and services at or from the Site. If you violate the terms of this Agreement, you will have your access canceled and you may be permanently banned from using the Site.  We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.  Please review our Privacy Policy which also governs your use of the Site.  If you have any questions regarding this Agreement, you may contact us at info@festival.com.

1. Copyrights, Trademarks, and Software.  You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  All materials contained on the Site are the copyrighted property of Festival, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are registered to, or owned by, Festival, its affiliates or licensors. In particular, our affiliate, Chester Brothers, LLC, is the owner of many of the trademarks and service marks appearing on this Site, including without limitation, the following: Festival Flea Market Mall; Festival.com; Festival Marketplace Pompano; Find the Ordinary, Discover the Extraordinary; America's Favorite Marketplace; Festival Bay; Festival Flea Market; Festival Flea Market Mall and Design; Festival  Frenzy Days; Festival Grand Bazaar; Festival Grand Marketplace; Festival Marketplace; Festival Marketplace (stylized); Festival Marketplace Mall; Festival Marketplace Mall and Design; Festival Marketplace; America's Favorite Marketplace; Festival Marketplace/Design; Festival Times; Festivalue; Festiventures; Flea Bytes; Flea Market Mall; Flea T.V.; From the Ordinary to the Extraordinary...Festival Has It All!; Market Street and Design; Merchants of the World; Running Man Logo; Shopaholic; Where Shopaholics of the World Unite; and Winners Arcade! And Design.  If no specific restrictions are displayed, you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any other Festival web site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.  Except as provided above or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

In the event you download software from our Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

 We rely on a network of independent merchants and vendors (collectively “Merchants”) who supply some of the goods advertised or displayed on the Site and, in some cases, drop ship them directly to our customers.  Festival is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site by our Merchants.  If you believe that your rights under the United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisement.

2.  Passwords. Access to certain services on our web site may require a password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password.  We and our Merchants reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.

3. Information You Provide To Us. When using our web site, you may be prompted to disclose certain information about yourself. For complete details on our use of your information, please see our privacy policy. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse to sell product to you and refuse any and all current or future use of our services (or any portion thereof) by you. You are responsible for any purchase of products or use of services by persons to whom you intentionally or negligently allow access to your password.

4. Your Use of Our Products or Services. It is agreed that your use of our services is for your personal use. We reserve the right to revoke your access at any time.

5. Disclaimers and Limitations of Liability. The Site is provided on an “AS IS” basis.  Neither Festival, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third party content providers, designers, contractors, distributors, Merchants, sponsors, licensors or the like (collectively “Affiliates”) warrant that the use of the Site will be uninterrupted or error-free.  Neither Festival nor its Affiliates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site.  Further, Festival makes no representation that Content provided on the Site is applicable or appropriate for uses in locations outside the United States.  Festival specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.  No oral advice or written information given by Festival or its Affiliates shall create a warranty.  You expressly agree that the use of the Site is at your sole risk.

Under no circumstances shall Festival or its Affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays inoperation of transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Festival’s records, programs or services.  The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of Festival has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

6. Links to Third Party Sites. The links in the Site may let you leave our Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of such linked site.  Please exercise discretion while browsing the Internet. You should be aware that when you are on our Site, you could be directed to other sites that are beyond our control. There are links to other sites from our web pages that take you outside of our Site. For example, if you click on a banner advertisement or a search result, the click may take you off our Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on our sites may send cookies to users that we do not control.  In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Festival of that third party or of any product or service provided by a third party.We reserve the right to disable links from third-party sites to our Site.

We make no representations concerning the content of sites mentioned on our Site. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to our Site.

7.  Children.  We cannot prohibit minors from visiting the Site.  We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.

We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) by minors with the permission of their parent or guardian for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy.  Each time you purchase a product on the Site, you represent to us that you are either an individual 18 years of age or older, or that you have the express permission of a parent or guardian for you to make purchases and for us to collect certain information about you in accordance with our privacy policy.

If for any reason you are concerned that your child’s Personal Information maintained by us is not correct or complete, or if you would like your child’s Personal Information deleted from our records, please contact info@festival.com.

8.  Cookies and Other Technologies.  We use cookies and other technologies to passively collect demographic information, personalize your experience on our Site and monitor advertisements and other activities.  Cookies are small files downloaded to your computer to track movements within web sites.  We may use cookies to deliver content specific to your interest and for other purposes.  We may collect information on what products are being purchased, and which ads or links are clicked.  We may link cookie information to Personal Information.

Some of our Sites display advertisements.  These ads may contain cookies.  Cookies received with banner ads are collected by our advertisers.  Most browsers are automatically set to accept cookies whenever you visit a website.  You can disable cookies or set your browser to alert you when cookies are being sent.  However, some areas of our Site may not function properly if you do so.

We maintain log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Web sites, to report aggregate information, and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.

9. General Provisions. You acknowledge and agree that the products and services on our Site are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of our products or services or our web site, is that you are free to discontinue your use of the services or the web site at any time. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Prices and availability of products on the Site are subject to change without notice.  Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

The term “shipping” or “ship” includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately.  For example, your order may consist of (i) several different items, (ii) a quantity of the same item, or (iii) a single item with several component parts the size of which might require them to be shipped in separate packages.  In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order as soon as they are available and conditions permit.  In these instances, our notification to you that your order has “shipped” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at the same time. All packages sent have a separate tracking number and may be followed on the Order Status page.  You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

All items purchased from Festival are made pursuant to a shipment contract.  This means the risk of loss and title for such item passes to you upon tender of the item to the carrier.

The merchant directory, map and related information regarding the merchants at the Festival Flea Market Mall® in Site are provided for the benefit only of our customers, merchants and other third parties to patronize our facilities or otherwise to conduct business with us. By using this Site, you agree that you may not solicit or otherwise attempt to induce any merchant at our facilities to terminate or modify its business relationship with us or our affiliates, or otherwise to offer goods or services through any business competitive with our facilities. Such restrictions apply during and within three months after any period that the merchant offers goods or services via our facilities. References to facilities mean the Festival Flea Market Mall® Pompano Beach, Florida, this Site, and any other facilities we or our affiliates may operate to offer the goods and services of merchants. References to us and our affiliates mean Festival Flea Market, LTD., Festival.com, LLC and such companies’ other affiliates. The above restrictions are deemed severable and are enforceable only to the extent applicable law permits and to the extent any restriction is not fully enforceable it is deemed modified to the extent necessary to make it as fully enforceable as applicable law permits.

You agree to indemnify Festival, and its subsidiaries, affiliates, officers, employees, agents, co-branders, Merchants, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of our products or services or connection to our web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party.

The U.S. export control laws regulate the export and re-export of technology originating in the United States.  This includes electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to abide by these laws and their regulations.

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our Site and destroying all materials obtained from our sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all of our Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of our site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms or otherwise.

The Terms and Conditions will inure to the benefit of Festival and its successors, assigns and licensees.

If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.

The failure of Festival to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.

These Terms and Conditions are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising under these Terms and Conditions will be brought solely in a court in a state or federal court situated in Broward County, Florida.