Terms of service.

Last updated: 05/12/2024

1. Introduction

Welcome to Xcite Entertainment LLC D.B.A The Fair on 4 (“Company”, “we”, “our”, “us”)!

As you have just clicked our Terms of Service, please pause, grab a cup of coffee and

carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages

located at thefairon4.com and our mobile application The Fair on 4 (together or individually

“Service”) operated by Xcite Entertainment LLC D.B.A The Fair on 4.

Your agreement with us includes these Terms (“Agreements”). You acknowledge that you

have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the

Service, but please let us know by emailing at fairhost@thefairon4.com so we can try to find

a solution. These Terms apply to all visitors, users and others who wish to access or use

Service.

Thank you for being responsible.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or

promotional materials and other information we may send. However, you may opt out of

receiving any, or all, of these communications from us by following the unsubscribe link or

by emailing at.

3. Purchases

If you wish to purchase any product or service made available through Service

(“Purchase”), you may be asked to supply certain information relevant to your Purchase

including, without limitation, your credit card number, the expiration date of your credit card,

your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other

payment method(s) in connection with any Purchase; and that (ii) the information you supply

to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and

the completion of Purchases. By submitting your information, you grant us the right to

provide the information to these third parties.

We reserve the right to refuse or cancel your order at any time for reasons including but not

limited to: product or service availability, errors in the description or price of the product or

service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal

transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available

through Service may be governed by rules that are separate from these Terms of Service. If

you participate in any Promotions, please review the applicable rules. If the rules for a

Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Fee Changes

Xcite Entertainment LLC D.B.A The Fair on 4, in its sole discretion and at any time, may

modify Subscription fees for the Subscriptions. Any Subscription fee change will become

effective at the end of the then-current Billing Cycle.

Xcite Entertainment LLC D.B.A The Fair on 4 will provide you with a reasonable prior notice

of any change in Subscription fees to give you an opportunity to terminate your Subscription

before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes

your agreement to pay the modified Subscription fee amount.

6. Refunds

Except when required by law, paid Subscription fees are non-refundable.

7. Content

8. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not

to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any

way by exposing them to inappropriate content or otherwise.

any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another

user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening,

fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful

purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of

Service, or which, as determined by us, may harm or offend Company or users of

Service or expose them to liability.

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or

interfere with any other party’s use of Service, including their ability to engage in real

time activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service

for any purpose, including monitoring or copying any of the material on Service.

other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is

malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of

Service, the server on which Service is stored, or any server, computer, or database

connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Otherwise attempt to interfere with the proper working of Service.

9. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports

website traffic. Google uses the data collected to track and monitor the use of our Service.

This data is shared with other Google services. Google may use the collected data to

contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy

Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data:

https://support.google.com/analytics/answer/6004245.

Firebase

Firebase is analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as

your device advertising settings or by following the instructions provided by Google in their

For more information on what type of information Firebase collects, please visit the Google

Privacy Terms web page: https://policies.google.com/privacy?hl=en

10. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old.

By accessing or using any of Company, you warrant and represent that you are at least

eighteen (18) years of age and with the full authority, right, and capacity to enter into this

agreement and abide by all of the terms and conditions of Terms. If you are not at least

eighteen (18) years old, you are prohibited from both the access and usage of Service.

11. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and

that the information you provide us is accurate, complete, and current at all times.

Inaccurate, incomplete, or obsolete information may result in the immediate termination of

your account on Service.

You are responsible for maintaining the confidentiality of your account and password,

including but not limited to the restriction of access to your computer and/or account. You

agree to accept responsibility for any and all activities or actions that occur under your

account and/or password, whether your password is with our Service or a third-party

service. You must notify us immediately upon becoming aware of any breach of security or

unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully

available for use, a name or trademark that is subject to any rights of another person or

entity other than you, without appropriate authorization. You may not use as a username

any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel

orders in our sole discretion.

12. Intellectual Property

Service and its original content (excluding Content provided by users), features and

functionality are and will remain the exclusive property of Xcite Entertainment LLC D.B.A

The Fair on 4 and its licensors. Service is protected by copyright, trademark, and other laws

of the United States. Our trademarks and trade dress may not be used in connection with

any product or service without the prior written consent of Xcite Entertainment LLC D.B.A

The Fair on 4.

13. Error Reporting and Feedback

You may provide us directly at fairhost@thefairon4.com with information and feedback

concerning errors, suggestions for improvements, ideas, problems, complaints, and other

matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall

not retain, acquire or assert any intellectual property right or other right, title or interest in or

to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii)

Feedback does not contain confidential information or proprietary information from you or

any third party; and (iv) Company is not under any obligation of confidentiality with respect to

the Feedback. In the event the transfer of the ownership to the Feedback is not possible due

to applicable mandatory laws, you grant Company and its affiliates an exclusive,

transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use

(including copy, modify, create derivative works, publish, distribute and commercialize)

Feedback in any manner and for any purpose.

14. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or

controlled by Xcite Entertainment LLC D.B.A The Fair on 4.

Xcite Entertainment LLC D.B.A The Fair on 4 has no control over, and assumes no

responsibility for the content, privacy policies, or practices of any third party web sites or

services. We do not warrant the offerings of any of these entities/individuals or their

websites.

YOU ACKNOWLEDGE AND AGREE THAT XCITE ENTERTAINMENT LLC D.B.A THE

FAIR ON 4 SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,

FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN

CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR

SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR

SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY

POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

15. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”

BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE

INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY

AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY

SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY

WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,

SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE

SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE

ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,

THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,

THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT

MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED

TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS

FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES

(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF

LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR

NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF

CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR

IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY

CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS

AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL

LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN

PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS

PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT

WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,

AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE

DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION

OR EXCLUSION MAY NOT APPLY TO YOU.

17. Termination

We may terminate or suspend your account and bar access to Service immediately, without

prior notice or liability, under our sole discretion, for any reason whatsoever and without

limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive

termination, including, without limitation, ownership provisions, warranty disclaimers,

indemnity and limitations of liability.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws

of Minnesota without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of

those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,

the remaining provisions of these Terms will remain in effect. These Terms constitute the

entire agreement between us regarding our Service and supersede and replace any prior

agreements we might have had between us regarding Service.

19. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we

provide via Service, in our sole discretion without notice. We will not be liable if for any

reason all or any part of Service is unavailable at any time or for any period. From time to

time, we may restrict access to some parts of Service, or the entire Service, to users,

including registered users.

20. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your

responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you

accept and agree to the changes. You are expected to check this page frequently so you are

aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree

to be bound by the revised terms. If you do not agree to the new terms, you are no longer

authorized to use Service.

21. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further

or continuing waiver of such term or condition or a waiver of any other term or condition, and

any failure of Company to assert a right or provision under Terms shall not constitute a

waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be

invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited

to the minimum extent such that the remaining provisions of Terms will continue in full force

and effect.

22. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE

THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY

THEM.

23. Contact Us

Please send your feedback, comments, requests for technical support:

By email: fairhost@thefairon4.com.

By phone number: (952) 452-9938.

By mail: 402 E Broadway Bloomington MN 55425.

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