TERMS + CONDITIONS
The following terms and conditions constitute a legally binding agreement between Foster ATX, LLC, a Texas limited liability company (“Company” or “We”) and you (“You”), and govern your use of the web site www.fosteratx.com and/or events associated with such web site (collectively “Foster ATX” or the “Service”) and the services and events associated therewith, whether your use of Foster ATX is as Guest, Host, Chef, Musician or any other respective Partner.
1. Description of the Service
Foster ATX is connecting communities to the local food, music and art scene through intimate pop-up dinners and pop-up concerts. Each month, Foster ATX hosts a weekend-long series that aims to serve as the place of discovery for emerging musicians, artists, chefs and brands alike. The events bridge unique, unconventional elements together for experiences designed to stretch the mind — all open to the public for a ticketed price.
To join as a Guest on the Service, you may register directly by providing us with several details about yourself, including your real name and active email address. In the event that you register for the Service with a third-party account, you hereby grant us permission to access and use your information through that account, as permitted by that third party service, and to store your log-in credentials for that account to enable the Service. Information included in your profile that is marked as public shall be available to other Users on the Service and to all Internet users.
The Company has no control over the conduct of any Hosts, Chefs, Musicians, Guests or other respective Partners. Guests accordingly are advised to carefully and thoroughly examine and check with their respective Hosts regarding all aspects of the Event.
“Guests are to arrive on time and at the stated location for redemption of the purchased experience (no reschedules or credits will be offered). Guest agrees and acknowledges that a Host may refuse to provide an Experience for violation of the Rules without refund, or for any or no reason upon refunding the amount paid.”
“Overstaying without the Host's Consent: Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the event listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further agree to leave the Accommodation no later than the Event end time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest.”
Guests agree to not purchase or attend an event unless they are 21 years old or older.
3. Reservation and Billing Arrangements
4. Cancellation of Reservation
All tickets are non-refunadble but can be transferred to a friend. Contact firstname.lastname@example.org to notify the Foster ATX team on the transfer.
To enjoy the Service in any capacity you must be over the age of twenty-one. By registering with the Service, you affirm that you are twenty-one years of age or older. We reserve the right to request proof of age from anyone using the Service at any time to verify that minors under the age of twenty-one are not using the Service. In the event that it comes to our knowledge that a person under the age of twenty-one is using the Service, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any personal information with regard to such User.
6. User Restrictions
You agree that neither you nor anyone on your behalf will at any time:
Use the Service for any illegal, unlawful, or unauthorized purposes;
Use the Service in connection with any form of spam, unsolicited mail, or similar conduct;
Allow access to your account to anyone other than yourself, including, without limitation, any persons under the age of twenty-one. You accept full responsibility for any unauthorized use of the Service on your behalf, including by minors;
Use the Service for any purpose, whether personal or commercial, other than the intended use;
Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users, whether manually or automatically;
Post, publish, or otherwise make available through the Service any content or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Provide false, inaccurate, or misleading information to the Service;
Transmit, distribute, display, or otherwise make available through the Service any content that may infringe third party rights, including Intellectual Property rights and privacy rights;
Interfere with or disrupt the operation of the Service, including but not limited to taking any action that imposes, or may impose an unreasonable or disproportionately large load on our platform infrastructure;
Bypass any measures we may use to prevent or restrict access to the Service; or
Copy, distribute, sublicense, make available, modify, alter, adapt, make, translate, reverse engineer, decompile, or disassemble any portion of the Service in any way.
“You must be a human. Accounts registered by "bots" or other automated methods are not permitted.”
“You must not violate any applicable law or regulation, including but not limited to provisions restricting the operation of a dining or food establishments and/or the service of alcohol;”
‘Register for more than one Foster ATX Account or register for a Foster ATX Account on behalf of an individual other than yourself;”
“Contact a Host for any purpose other than asking a question related to a booking or such Host’s Events;”
“Contact a Guest for any purpose other than asking a question related to a booking or such Guests’ use of the Site, Application and Services;”
7. Intellectual Property Rights
You acknowledge and agree that the “Intellectual Property” (as defined below) of Foster ATX remains the sole property of Foster ATX, and that no right of use, license, or interest in such property is created by these Terms or by your use of the Service except to the extent such rights of use are specifically stated in these terms. You further agree that you will not remove or delete any copyright or trademark notices, restrictions, and signs indicating proprietary rights of the Service contained in or accompanying the content included in the Service, and that you will abide by all applicable laws in this respect. For purposes of this Agreement, “Intellectual Property” means all inventions, patents, patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, algorithms, technical data, other data, interfaces, interactive features, and software whether in source or object code, related to the Service, other than User Content.
“Foster ATX may photograph and/or record Guests engaging in an Experience, and any such image, recording or video (collectively “Recording”) will be owned exclusively by Foster ATX. You agree that to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to Foster ATX an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.”
We respect your privacy and are committed to protect the information you share with us. We may share your personal information with other Users in the following circumstances: a) certain of your information that you indicate is public when you registration for the Service; and b) your information shared with Hosts and vice versa in order to facilitate the Service. In addition, we may be required to share your personal information with third parties in response to subpoena, government request, or other applicable law, regulation, or legal process. Except for the foregoing limited circumstances, we will not share your personal information with other Users or other third parties.
9. Disclaimer and Exclusion of Warranties
The Company has no control over the conduct of any Hosts, Chefs, Musicians, Guests or other Partners, and disclaims all liability in this regard; participating in Events is entirely at the risk of all Users. We do not accept any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with your use of the Service or your participation in any Event.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE EVENTS.
“YOU ACKNOWLEDGE AND AGREE THAT FOSTER ATX DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, HOSTS AND COOKS. FOSTER ATX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MEALS OR EVENTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.”
10. Exclusion of Damages; Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICE OR ANY EVENT, OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE AMOUNT PAID TO THE COMPANY BY THE INDIVIDUAL ASSERTING LIABILITY OF THE COMPANY.
11. Changes to the Service
THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE, AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
12. Amendments to these Terms
The Company may change these Terms from time to time in its sole discretion. Such amendments may take effect immediately upon placement of the updated Terms on the Foster ATX web site or at such other time as determined by the Company in its sole discretion. You hereby agree and acknowledge to accept and to be bound by any of the changes made in the Terms; your continued use of the Service after such changes will constitute your acceptance to the new Terms.
13. Account and Service Termination
At any time, the Company may block your access to the Service and/or temporarily or permanently limit, suspend, or terminate your personal profile, at its sole discretion and without notice, in addition to any other remedies that may be available to the Company under any applicable law, if the Company determines in its sole discretion that you have breached any of these Terms in any manner.
The Company may at any time, at its sole discretion and without notice, cease the operation of the Service or any part thereof, temporarily, or permanently. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of operation of the Service and loss of any data, including User Content, as a result, as long as your pending Reservation is handled properly.
14. Other Representations and Warranties
You hereby represent and warrant as follows: a) You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use Foster ATX in accordance with these Terms, and to fully perform your obligations hereunder; and b) your agreement to these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order, or judgment to which you are subject.
15. Governing Law and Jurisdiction
These terms and conditions shall be interpreted under the laws of the State of Texas without regard to the conflict of law rules of any state.
Any dispute arising out of or related to your use of Foster ATX will be subject to the exclusive jurisdiction of the state courts of Travis County, Texas, and the federal court for the Western District of Texas, Austin Division. You hereby irrevocably consent to such personal jurisdiction and waive all objections thereto.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severed from these Terms and will not affect the validity and enforceability of all remaining provisions, which shall remain in full force and effect.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter hereof and supersede any and all prior or contemporaneous discussions, understandings, representations, and agreements, whether written or oral agreements, with regard to the subject matter hereof.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Foster ATX and you hereby irrevocably assign to Foster ATX and agree to irrevocably assign to Foster ATX all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Foster ATX’s request and expense, you will execute documents and take such further acts as Foster ATX may reasonably request to assist Foster ATX to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
“You agree to release, defend, indemnify, and hold Foster ATX and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Event, (iii) creation of an Event, (iv) the use, condition or rental of an Event by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Event, or (v) injuries, damages or other claims to any persons present at a Event.”