Welcome to the Burning Man Marketplace (“Marketplace”), an e-commerce portal that offers Burning Man-related merchandise for sale to the greater Burning Man community. Marketplace is operated by Burning Man Project, a nonprofit public benefit corporation (“Burning Man”). By visiting Marketplace or purchasing any item offered for sale on Marketplace, you agree to this Terms of Service Agreement (“Agreement”), which sets out the legally binding terms of your use of Marketplace. This Agreement may be modified by Burning Man at any time without prior notice, and such modifications are effective upon posting by Burning Man. You can always review the most current version of the Agreement on the Marketplace website. This Agreement includes and incorporates by this reference Burning Man’s Privacy Policy, available here.
Eligibility. By purchasing merchandise on Marketplace, you affirm that you are an individual, eighteen years old or over, using a valid form of payment. In all transactions conducted through Marketplace, you agree to provide true, accurate, current and complete information about yourself and your form of payment when prompted by Marketplace. If you provide any information that is untrue, inaccurate, not current or incomplete, or Burning Man has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Burning Man has the right to cancel the transaction and suspend or terminate your use of Marketplace. By using Marketplace, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and you agree to abide by all terms and conditions of this Agreement. Burning Man reserves the right to refuse and/or cancel any transactions or orders in Burning Man’s sole and complete discretion. Use of Marketplace is void where prohibited.
Pricing and Availability. Merchandise offered for sale on Marketplace is produced by either Burning Man or by a third party independent of Burning Man. For third party-produced items offered on Marketplace (like books or videos), Burning Man acts only as a sales agent for the seller and collects sale proceeds on the seller’s behalf. This means that Burning Man does not set the sale price or control product availability for these items. Burning Man does not guarantee the availability of any item depicted on Marketplace.
Customer Account. Customers may complete transactions on Marketplace as guests or through individual accounts that they create. If you create an account on Marketplace, you will be asked to select a login name and password for the account. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Burning Man of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Burning Man cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Personal information collected from customers will only be used to process transactions on Marketplace and/or as set forth in Burning Man’s Privacy Policy.
Refunds and Exchanges. All sales on Marketplace are final. Please review your order carefully before completing the purchase. Burning Man will not refund or exchange merchandise purchased on Marketplace for any reason.
Resale Prohibited. Merchandise obtained through Marketplace is for individual use by the purchaser only and may not be resold. Burning Man has the right to suspend or terminate your use of Marketplace if you resell items purchased on Marketplace.
Risk of Loss. All items purchased through Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Burning Man’s delivery to the carrier.
Intellectual Property. Burning Man owns, controls, or is licensed to use and to sublicense various names, marks, and artworks, which are Burning Man trademarks, copyrights, or other protected intellectual property. Burning Man’s copyrights (including without limitation the Ten Principles and the designs of the Burning Man sculpture and the Black Rock City map) are protected by United States and international copyright laws. Burning Man’s trademarks (including without limitation “Burning Man,” “Black Rock City,” “Decompression,” and the Burning Man logo) may not be used in connection with any product or service that is not Burning Man’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages Burning Man. All other intellectual property not owned by Burning Man that appears in Marketplace is the property of its owner, who may or may not be affiliated or otherwise connected with Burning Man.
Term and Termination. This Agreement will remain in full force and effect while you use Marketplace or maintain an account. You may terminate your account at any time, for any reason, by contacting the Marketplace site administrator. You agree that Burning Man may, without prior notice to you, immediately terminate your account and access to Marketplace. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to Marketplace (or any part thereof), (e) unexpected technical or security issues or problems, or (f) extended periods of inactivity. Termination of your account includes: (a) removal of access to all offerings within Marketplace, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of Marketplace. Further, you agree that all terminations for cause shall be made in Burning Man’s sole discretion and that Burning Man shall not be liable to you or any third party for any termination of your account or access to Marketplace. Burning Man may discontinue its operation of Marketplace at any time in its sole discretion.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE MARKETPLACE SOLEY AT YOUR OWN RISK. MARKETPLACE AND ALL CONTENT, FUNCTIONS AND PRODUCTS SOLD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BURNING MAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING MARKETPLACE OR PRODUCTS SOLD ON MARKETPLACE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BURNING MAN MAKES NO WARRANTY THAT (i) MARKETPLACE OR PRODUCTS SOLD ON MARKETPLACE WILL MEET YOUR REQUIREMENTS; (ii) MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) PRODUCTS PURCHASED ON MARKETPLACE WILL BE WITHOUT DEFECT; OR (iv) ANY ERRORS IN MARKETPLACE-RELATED CONTENT OR SOFTWARE WILL BE CORRECTED. YOU ALSO UNDERTAND THAT YOU PURCHASE MERCHANDISE THROUGH MARKETPLACE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY PROPERTY DAMAGE THAT RESULTS FROM YOUR USE OF MARKETPLACE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BURNING MAN OR THROUGH OR FROM MARKETPLACE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURNING MAN SHALL NOT BE LIABLE TO YOU OR YOUR AGENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BURNING MAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE MARKETPLACE; (ii) PRODUCTS OBTAINED THROUGH MARKETPLACE; (iii) ANY OTHER MATTER RELATING TO MARKETPLACE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BURNING MAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO BURNING MAN FOR MERCHANDISE PURCHASED ON MARKETPLACE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes. If there is any dispute related to Marketplace, by using Marketplace, you agree that the dispute will be governed by the laws of the state of California without regard to its conflict of law provisions. All such proceedings related to the dispute shall take place exclusively in the forum and under the jurisdiction of the state or federal courts located in San Francisco County, California, which is the location where this contract was entered into, and you consent to personal jurisdiction in these courts.
Indemnity and Release. You agree to indemnify, release, and hold Burning Man, including its subsidiaries, affiliates, officers, employees, agents, and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees and costs, made by any party due to or arising out of your use of Marketplace or the breach of this Agreement and/or any breach of your representations and warranties contained in this Agreement. If you are a California resident, you agree to waive California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
No Agency. There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Burning Man and any user of Marketplace.
Additional Terms. This Agreement, accepted upon your use of Marketplace, contains the entire agreement between you and Burning Man regarding the use of Marketplace. The failure of Burning Man to exercise or enforce any right or provision of this Agreement shall not constitute a subsequent or prospective waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
