Modo Live & Programme Presents: Death From Above 1979 w/ Special Guests

TERMS OF USE

Welcome to https://revelrykelowna.com/ (the “Website”). We, being REVELRY EVENTS KELOWNA LTD., doing business as Revelry Food+Music Hub and/or its associate businesses and affiliates (altogether the “Company”), own and operate the Website and the premises located at 1383 Ellis Street, Kelowna, BC, V1Y 1Z9 (the “Premises”). We are providing services to you subject to the following conditions. If you visit the Website and/or the Premises and/or attend any event(s) that we may organize or promote that occur at a location other than the Premises (each, an “Alternate Location”), you accept these terms and conditions (“Terms”), so please read them carefully, as this electronic document is considered to be a legally binding and enforceable contract between you and the Company.

These Terms are divided into THREE (3) sections, being:

1. General Terms for all Users;

2. Ticket and Reservation Terms; and

3. Code of Conduct.

SECTION 1 – GENERAL TERMS

“Users” include everyone who simply visits the Website and/or the Premises or Alternate Location. All Users are subject to these Terms and our privacy policy (the “Privacy Policy”), a link to which can be found at the bottom of the Website homepage.

Electronic Communications

When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on the Website. 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.

Copyright

All content included on the Website,such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Website is also the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on the Website is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.

Trademarks

“REVELRY”, “REVELRY FOOD+MUSIC HUB”, “REVELRY KELOWNA” and all other Website service names, graphics, logos, page headers, button icons, scripts are trademarks, registered trademarks or trade dress of the Company in Canada, U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

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License and Website Access

The Company grants you a limited license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, including with respect to any pre-recorded or live videos accessed through the Website. This license does not include any resale or commercial use of the Website or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of the Website or its contents; nor any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.

Minors

If you are under the age of majority in the jurisdiction of your residence (“Minor”), or in other words, if you are a minor where you live, in addition to any other acknowledgments, representations, warranties and/or covenants made herein, by using the Website and/or any of the services offered in connection with the Website, including the submission of any information to the Company, you acknowledge and agree that your parents and/or legal guardians have consented to your use and submission and to these Terms on your behalf, and you acknowledge and agree that your submission of any information to the Company and your use of the Website and any related services is at their discretion.

Reviews, Comments, Communications, and Other Content

In some cases, Users may be permitted to submit information and other content to the Company. Users may only do so as long as the information or other content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.

If you submit comments, communications or other content (in the form of a video or otherwise), you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. However, with respect to any videos that you submit or participate in that include images of you or audio of your voice other than group webinars, the Company will not publish such videos publicly. You grant the Company and sub-licenseesthe right to use your name and likenessthat you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate our policies and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.

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Copyright and Other Legal Rights Complaints

The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actualrightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of rights violations is: hello@revelrykelowna.com. We will process your complaint pursuant to the Copyright Act of Canada.

Other Businesses

We may provide links to sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Payments

All payments to the Company are processed through Square, Stripe or another similar payment service (the “Payment Service”). As a User, if you make payments to the Company using a Payment Service or otherwise, you do so at your own risk and you expressly agree that the Company shall not be liable for any losses you may incur using such Payment Service. Any such losses shall be the responsibility of the Payment Service. All Users’ use of the Payment Service is subject to the Payment Service’s terms and conditions. Further, the Company has a strict no refund policy.

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, BY WAY OF LINKS TO THIRD PARTY WEBSITES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE BY ANY INDIVIDUALS,OR THE QUALITY OF SERVICES OFFERED BY THE COMPANY, UNLESS OTHERWISE SPECIFIED IN WRITING.

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Indemnification

You agree to indemnify, defend and hold harmless the Company and any of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, Privacy Policy or any documents they incorporate by reference, or your violation of any law or the rights of a third party.

Applicable Law

By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company.

Dispute Resolution

All disputes or questions of any sort that might arise between you and the Company will be referred to arbitration before a single arbitrator, administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules. The place of arbitration shall be the City of Vancouver, Province of British Columbia.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or the Company. You may terminate these Terms at anytime by notifying us in writing that you no longer wish to use our services, or when you cease using our Website.

Website Policies, Modification, and Severability

Please review any other policies that may be posted on the Website from time-to-time. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and shall not affect the validity and enforceability of any remaining condition.

SECTION 2 – TICKET AND RESERVATION TERMS

By purchasing a ticket or visiting the Premises or an Alternate Location, you expressly agree to these Terms, as updated from time to time:

Ticket Terms

All ticket prices for events are stated in Canadian Dollars.

Your ticket order is confirmed when we send you a confirmation, in the form of a confirmation page or email (“Order Confirmation”). If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problemsthat may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you discover that an order was not placed because you failed to receive confirmation.

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When purchasing tickets on the Website, you may be limited to a specified number of tickets for each event (also known as a “Ticket Limit”). This Ticket Limit will be posted during the purchase process and verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. If you exceed or attempt to exceed the posted Ticket Limit, we reserve the right to cancel, without notice, any or all orders and tickets, in addition to prohibiting your ticket purchasing abilities. Any tickets canceled due to violating the posted Ticket Limit may be refunded at face value (excluding fees). Thisincludes orders associated with the same name, e-mail address, billing address, credit card number, or other information.

We may allow the transfer of tickets to others in certain circumstances. Any ticket transfers must meet stated requirements for the event and be completed through an authorized platform or process. We reserve the right to approve or reject any transfer request for any reason in our sole discretion.

Occasionally, events are canceled, postponed, rescheduled to a different date or materially different time, or moved to a different venue. All ticket sales are final and refunds are only allowed in limited circumstances. In such circumstances, we may issue a refund to you or provide a credit applicable to a future event. In some circumstances, we may also give you the option to choose either a credit or a refund; if so, we will send you a notification explaining your options, and how to submit a request for a credit. Credits are non-transferable, may not be sold, are not redeemable for cash, and may not be combined with other promotions.

CROWD ACTIVITY WILL BE RECORDED DURING LIVE SHOW EVENTS. ACCORDINGLY, YOU AGREE THAT THE EVENT FOR WHICH YOU PURCHASE TICKETS IS A PUBLIC EVENT, THAT YOUR APPEARANCE AND ACTIONS INSIDE AND OUTSIDE THE VENUE WHERE THE EVENT OCCURS ARE PUBLIC IN NATURE, AND THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO YOUR ACTIONS OR CONDUCT AT THE EVENT. YOU GRANT PERMISSION TO US TO UTILIZE YOUR NAME, IMAGE, LIKENESS, ACTS, POSES, PLAYS, APPEARANCE, MOVEMENTS, AND STATEMENTS IN ANY LIVE OR RECORDED AUDIO, VIDEO, OR PHOTOGRAPHIC DISPLAY OR OTHER TRANSMISSION, EXHIBITION, PUBLICATION OR REPRODUCTION MADE OF, OR AT, THE EVENT (REGARDLESS OF WHETHER BEFORE, DURING OR AFTER PLAY OR PERFORMANCE) FOR ANY PURPOSE, IN ANY MANNER, IN ANY MEDIUM OR CONTEXT NOW KNOWN OR HEREAFTER DEVELOPED, WITHOUT FURTHER AUTHORIZATION FROM, OR COMPENSATION TO, YOU OR ANYONE ACTING ON YOUR BEHALF.

Use of the Premises or Alternate Location

Upon being granted entry to the Premises, you become a “Guest” of Revelry. The Company reserves the right to: 1. inspect any Guest or person seeking entry to the Premises or Alternate Location; 2. inspect the identification of any Guest or person seeking entry to the Premises or Alternate Location; 3. limit or deny service of food and/or beverage to any Guest;

4. deny entry to any person seeking entry to the Premises or Alternate Location;

5. remove any Guest from the Premises or Alternate Location engaging in behaviour we, in our sole discretion, deem to be disturbing to others; and

6. remove any Guest from the Premises or Alternate Location we, in our sole discretion, deem to be excessively impaired from the use of alcohol or drugs.

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Re-entry by ticketed Guests following their exit from the Premises or Alternate Location is not permitted. Guests who exit the Premises or Alternate Location due to an emergency must seek a manager or security staff member to request re-entry. No refunds will be provided to Guests that are asked to leave the Premises or Alternate Location for the reasonsstated above or otherwise exit the Premises or Alternate Location prior to the completion of any event/performance.

The Company is required to follow all regulations of the Liquor and Cannabis Regulation Branch regarding service of alcohol within the Premises or Alternate Location. In some cases these regulations conflict with our desire to enhance the Guest experience, and for that we offer our apologies.

Reservation Terms for Meetings in our Spaces

We encourage you to make reservations for our meeting spaces by submitting an inquiry on our Website.

We kindly request that you inform us of any reservation changes or cancellations at least 72 hours in advance. Failure to do so may result in a cancellation fee or affect your ability to make future reservations. In the case of a no-show (failure to arrive for a reservation without prior notice), we reserve the right to charge a no-show fee or refuse future reservations.

Seating and Accessibility

Unless otherwise stated by us, seating and standing within the Premises or Alternate Location is unassigned and open equally to all Guests on a first-come-first-serve basis.

The Premises is designed to provide access to all public areas to all Guests, including those with physical disabilities. Mechanical lift devices provide access to the Guest spaces, support areas and event stage within the Premises.

When seating is provided, accessible seating options are made available. Accessible washroom facilities are provided to Guests on both levels. Any Guest special requirements may be communicated to our staff, who will make best efforts to accommodate such requirements.

Communicable Disease Warning

AN INHERENT RISK OF EXPOSURE TO ILLNESSES AND COMMUNICABLE DISEASES EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND EXPOSURE TO THE SAME CAN LEAD TO SEVERE ILLNESS AND DEATH. YOU ASSUME ALL RISKS, HAZARDS, AND DANGERS ARISING FROM OR RELATING IN ANY WAY TO THE RISK OF CONTRACTING A COMMUNICABLE DISEASE OR ILLNESS—INCLUDING, WITHOUT LIMITATION, EXPOSURE TO COVID-19 OR ANY OTHER BACTERIA, VIRUS, OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS, WHETHER THAT EXPOSURE OCCURS BEFORE, DURING, OR AFTER THE EVENT, AND REGARDLESS OF HOW CAUSED OR CONTRACTED—AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND POTENTIAL CLAIMS AGAINST US AND AGAINST ANY COMPANIES AFFILIATED WITH US—RELATING TO SUCH RISKS, HAZARDS, AND DANGERS.

SECTION 3 – CODE OF CONDUCT

All Users hereby agree NOT to use the Website for any of the following:

1. posting any incomplete, false, misleading, or inaccurate content about yourself;

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2. use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any person to any other website for any purpose;

3. soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users;

4. transmitting any chain letters or junk email;

5. using the Website for activities that violate any law, statute, ordinance, or regulations; 6. make or promote any type of racism or hate towards anyone in specific or a group of people; 7. use the Website for any fraudulent purposes;

8. upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as "inside information", or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);

9. upload, post, email, or otherwise transmit, or post links to any content that facilitates computer hacking; or

10. upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content.

The Company expects that all Users attending the Premises will allow others to freely enjoy the use of such Premises uninterrupted, and will treat others with the respect they deserve, regardless of their age, gender, race, or any other characteristic. Accordingly, all Users hereby agree to NOT do any of the following when visiting the Premises or Alternate Location:

1. take photographs, film and/or make recordings (whether audio, video or a combination thereof) of anyone or anything within these Premises or Alternate Location, including, without limitation, any music or other performances, other persons or any property belonging to Revelry Food+Music Hub

2. share alcohol with minors within the Premises or Alternate Location;

3. smoke or vape within the Premises or Alternate Location;

4. bring outside food or beverages within the Premises or Alternate Location;

5. deface or damage any property contained in the Premises or Alternate Location or otherwise interfere with the use by the Company, its staff or any of the Company’s patrons of any property contained in the Premises or Alternate Location;

6. harass, stalk, intimidate, or make any aggressive, derogatory or threatening comments towards, any person in the Premises or Alternate Location; or

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7. engage in any behaviour that the Company reasonably deems to interfere with the enjoyment of the Premises or Alternate Location by other persons located in the Premises or Alternate Location or cause any damage to the Premises or Alternate Location.

All Users further agree that to not harass, annoy, intimidate, or threaten any of the Company’s patrons, employees, affiliates or agents, whether through the use of the Website, the Premises, or otherwise.

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CROWD ACTIVITY WILL BE RECORDED DURING LIVE SHOW EVENTS. ACCORDINGLY, YOU AGREE THAT THE EVENT FOR WHICH YOU PURCHASE TICKETS IS A PUBLIC EVENT, THAT YOUR APPEARANCE AND ACTIONS INSIDE AND OUTSIDE THE VENUE WHERE THE EVENT OCCURS ARE PUBLIC IN NATURE, AND THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO YOUR ACTIONS OR CONDUCT AT THE EVENT. YOU GRANT PERMISSION TO US TO UTILIZE YOUR NAME, IMAGE, LIKENESS, ACTS, POSES, PLAYS, APPEARANCE, MOVEMENTS, AND STATEMENTS IN ANY LIVE OR RECORDED AUDIO, VIDEO, OR PHOTOGRAPHIC DISPLAY OR OTHER TRANSMISSION, EXHIBITION, PUBLICATION OR REPRODUCTION MADE OF, OR AT, THE EVENT (REGARDLESS OF WHETHER BEFORE, DURING OR AFTER PLAY OR PERFORMANCE) FOR ANY PURPOSE, IN ANY MANNER, IN ANY MEDIUM OR CONTEXT NOW KNOWN OR HEREAFTER DEVELOPED, WITHOUT FURTHER AUTHORIZATION FROM, OR COMPENSATION TO, YOU OR ANYONE ACTING ON YOUR BEHALF.

Return Policy

If your event is cancelled, a refund in the amount you paid, minus order processing, service and delivery fees will be processed using the same method of payment of your purchase. If the event you are to attend is postponed, we will contact you with the rescheduled event date & time.

Venue and Talent are subject to change without notice and are not grounds for a refund. All Event personnel have the right to refuse entry to any ticket holder for any reason at their discretion. Any items or experiences promised by the promoter/talent that go unfulfilled is and was not guaranteed by the seller and is not grounds for a refund.

Refund and Exchanges

There are no refunds or exchanges other than the reason/s listed above in the Return Policy