Terms of Service

These Terms of Service ("Terms") are an agreement between you and Mela Labs LLC, a California limited liability company ("Mela", "we", "us"), 2108 N St, Ste N, Sacramento, CA 95816, USA. They cover the Mela apps for iOS and Android, the melafest.app website, and anything else we offer under the Mela name (together, the "Service").

Mela was previously run by its founder as an individual. Mela Labs LLC now operates the Service, and these Terms replace all earlier versions.

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle your information. If you don't agree, don't use the Service.

• You must be at least 13 years old. If you're under 18, you need permission from a parent or guardian, and they agree to these Terms for you.
• Mela is intended for people in the United States.
• You can't use Mela if we've banned you before, or if you're barred from using it under U.S. law.

• Give accurate information, and use your real name or a name people know you by.
• One person per account. Don't create accounts for anyone else or pretend to be someone you're not.
• Keep your phone and login secure. You're responsible for activity on your account.
• Tell us at support@melafest.app if you think someone else has access to your account.

"Your content" means anything you post or upload, such as posts, photos, comments, reactions, your profile and your username. You own your content.

To run Mela, we need permission to use it. You give Mela Labs LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, display, adapt (for example, resizing a photo or turning a post into a share card), and distribute your content, in order to operate, improve and promote the Service. We can let our service providers do these things for us, and this license can pass to anyone who takes over the Service. The license ends when your content is removed from the Service, except for copies other people have already shared, content that stays visible as described in our Privacy Policy, and backups we keep for a limited time.

You promise that you have the rights to everything you post, and that your content follows these Terms and the law.

Mela has zero tolerance for objectionable content and abusive users. Don't post content that:

• Harasses, bullies, threatens or intimidates anyone
• Is hateful or discriminates based on race, ethnicity, religion, disability, sex, gender identity, sexual orientation or similar traits
• Is sexually explicit, or sexualizes or endangers minors in any way
• Promotes violence, self-harm, terrorism or dangerous activity
• Sells or promotes illegal drugs, weapons, or ticket fraud and scams
• Shares someone else's private information, such as their location, phone number or address, without permission
• Infringes someone else's copyright, trademark or other rights
• Is spam, misleading, or pretends to be someone else (including a festival or artist)

And don't:

• Use Mela to stalk, track, or find someone who doesn't want to be found
• Break the law while using Mela
• Scrape, crawl or collect data from Mela, or access it through automated means, without our written permission
• Hack, overload, reverse engineer, or interfere with the Service, or get around any limits or security features
• Use Mela for commercial purposes, such as advertising or reselling tickets, without our written permission
• Help anyone else do any of the above

You can block other users in the app. To report content or a user, email support@melafest.app with a description and, if possible, a screenshot. We review reports and act on them, which may mean removing content and suspending or banning accounts. We aren't required to monitor everything posted on Mela, but we can remove any content or restrict any account at our discretion, with or without notice.

Mela lets you share your location with friends who are going to the same festival. The Privacy Policy explains how this works and how to turn it off. You decide whether to share your location and who your friends are. Only accept friend requests from people you know and trust.

• Locations on the friend map can be late, approximate or wrong, and can disappear when phones lose signal or battery. Don't rely on Mela to find someone in an emergency.
• In an emergency, call 911 or contact festival security or medical staff. Mela is not an emergency service.
• Mela doesn't run festivals and doesn't screen or run background checks on users. You're responsible for your own choices when you meet people, go to events, or travel to and from them.

Festivals and live events carry real risks, including crowds, heat, noise, alcohol and drugs, and the conduct of other people. You attend at your own risk. To the fullest extent allowed by law, Mela is not responsible for injury, loss or damage related to attending an event, meeting someone you connected with on Mela, or relying on information in the Service.

Festival details, lineups, set times, maps and images in Mela are collected from public sources and from festivals, and some are produced with automated tools. We try to keep them accurate, but they can be incomplete, out of date or wrong, and festivals change their plans. Always check important details, such as dates, set times, tickets, venue rules and cancellations, with the official festival.

Mela is independent. Unless we say otherwise, Mela is not affiliated with, sponsored by or endorsed by any festival, artist, venue, or music service. Festival names, artist names, logos and images belong to their owners and are used to identify them.

If you allow notifications, Mela sends you updates about your account, friends, festivals and artists. Festival organizers that work with Mela can also send notifications about their festival to people marked as going to it. You can turn off notifications at any time in your device settings.

Mela links to and relies on other companies' services, such as Spotify, Apple Music, ticket sellers, festival websites and Google Maps. Those services have their own terms and privacy policies, and we're not responsible for them, including any tickets or purchases you make there. Your use of Google Maps features in Mela is subject to the Google Maps Terms of Service and the Google Privacy Policy.

We respect intellectual property rights. If you own content that appears on Mela (for example, a photo, artwork, a festival listing or a lineup) and want it corrected or removed, email support@melafest.app. We'll review your request and act on it promptly.

For a copyright complaint, send a written notice to support@melafest.app or by mail to Mela Labs LLC, Attn: Copyright, 2108 N St, Ste N, Sacramento, CA 95816. Include: your physical or electronic signature; a description of the copyrighted work; where the material is on Mela (such as a link or screenshot); your contact information; a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.

If your content was removed and you believe that was a mistake, you can send a counter-notice with the information required by 17 U.S.C. § 512(g). We terminate the accounts of users who repeatedly infringe.

Mela, including its software, design, text, graphics, and the Mela name and logo, is owned by Mela Labs LLC and protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use under these Terms. You may not copy, modify, sell, or distribute any part of the Service, or use our name or logo, without our written permission.

If you send us ideas or feedback, we can use them without paying you or owing you anything.

Mela is free today. We may add, change or remove features, or stop offering the Service, at any time. If we ever charge for something, we'll tell you the price before you pay, and you won't be charged without agreeing to it.

You can stop using Mela at any time and delete your account in the app under Settings, then Account, then Delete Account. We may suspend or end your access at any time, including if you break these Terms, if we're required to by law, or if we stop offering the Service. Sections 4 (for content that remains), 6, 7, and 10 through 18 continue to apply after your account ends.

The Service is provided "as is" and "as available". To the fullest extent allowed by law, Mela Labs LLC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We don't promise that the Service will be uninterrupted, secure or error-free, that festival information or locations will be accurate, or that content posted by others is accurate or safe. We are not responsible for the conduct of users, festivals, organizers or anyone else, online or offline.

To the fullest extent allowed by law, Mela Labs LLC and its owners, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data, goodwill, missed performances, travel or ticket costs, arising from or related to the Service or these Terms, even if we were told they were possible. Our total liability for all claims related to the Service or these Terms is limited to the greater of $100 or the amount you paid us in the 12 months before the claim arose.

These limits don't apply to liability for our fraud, gross negligence, or willful misconduct, or to anything else that can't be limited under applicable law.

If someone brings a claim against Mela Labs LLC because of your content, your use of the Service, or your violation of these Terms or someone else's rights, you agree to cover the resulting losses and costs, including reasonable attorneys' fees, to the extent allowed by law. We'll tell you about the claim and may choose to handle our own defense.

If you have a problem with Mela, please email support@melafest.app first. Most issues can be solved quickly that way, and you agree to give us 30 days to try to resolve a dispute informally before starting a legal proceeding.

These Terms are governed by the laws of the State of California, without regard to conflict of law rules. Any lawsuit related to the Service or these Terms must be brought in the state or federal courts located in San Francisco County, California, and you and Mela agree to those courts' jurisdiction. Either side may instead bring an individual claim in small claims court if it qualifies.

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and Mela about the Service.
• Severability. If any part of these Terms is found unenforceable, it will be limited as little as needed, and the rest stays in effect.
• No waiver. If we don't enforce part of these Terms right away, we can still enforce it later.
• Assignment. You can't transfer these Terms or your account to anyone else. We may transfer these Terms, for example to a company that results from a reorganization, merger or sale of Mela.
• Events beyond our control. We aren't responsible for delays or failures caused by things outside our reasonable control.
• Parental controls. Parental control tools, such as device-level family controls, software and filtering services, are commercially available and may help limit minors' access to material that may be harmful to them.

If you downloaded Mela from Apple's App Store or Google Play, the store's own terms also apply. For the iOS app, these Terms are between you and Mela Labs LLC, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support, and is not responsible for any product claims, intellectual property claims, or claims that the app breaks the law. To the extent the law allows, Apple has no other warranty obligation for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.

We may update these Terms. The date at the top shows when they were last changed. For material changes, we'll tell you in the app at least 30 days before they take effect, and we may ask you to accept them. Changes won't apply to disputes that started before they took effect. If you don't agree to updated Terms, stop using Mela and delete your account.

Questions about these Terms: support@melafest.app, or by mail to Mela Labs LLC, 2108 N St, Ste N, Sacramento, CA 95816, USA.