TERMS AND CONDITIONS
OVERVIEW
This website is operated by Eagles Entertainment, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Eagles Entertainment, LLC. Eagles Entertainment, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eagles Entertainment, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eagles Entertainment, LLC and 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@eleagleslive.com.
PRIVACY POLICY
This privacy policy ("Privacy Policy") describes ELEAGLESLIVE.COM privacy practices for our Web site located at www.TheRave.com (our "Site"), including what types of information we gather and track, how we use the information, and with whom we share the information. By using the Site, you agree to be bound by the terms of this Privacy Policy and by the Terms of Use. We may change this Privacy Policy at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to frequently review this Privacy Policy, and, if you do not agree to the terms of this or any revised policy, please exit the Site immediately.
Privacy of Children
Children (persons under the age of 13) are not eligible to use the Site without the supervision of their parents. If you are under the age of 13 please do not submit any personal information to us or use any function of the Site, including any Forums, that require the disclosure of personal information. If you are under 13, please do not provide us with any information about yourself. If we discover that we have collected any Personally Identifiable Information regarding a child 12 or under we will delete the information as soon as possible.
What Information is Collected
ELEAGLESLIVE.COM may collect two types of information about you: Personally Identifiable Information and Aggregate Information that is anonymous (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using).
Personally Identifiable Information: "Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you (such as your name, address, telephone number and e-mail address). You can visit our Site without telling us who you are and without revealing any information about yourself. You may be required to register or otherwise voluntarily provide Personally Identifiable Information to have access to some features of the Site. You always may choose not to provide the Personally Identifiable Information, but this may lead to decreased functionality of the Site for you and our inability to provide you with certain products or services. We also may request you to voluntarily provide Personally Identifiable Information that is not required to access features of our site. This information enables ELEAGLESLIVE.COM to make general improvements to the Site and better serve your specific interests.
Aggregate Information: ELEAGLESLIVE.COM may transparently collect Aggregate Information through the use of cookies or by other means. We use this information to assess general usage patterns, administer and make improvements to the Site and collect demographic information useful in some way to ELEAGLESLIVE.COM. We hope that by using Aggregate Information, we can update the Site to make it more useful to you and other users. We reserve the right to use, maintain, update, disclose and/or sell Aggregate Information.
What We Will and Will Not Do With the Information You Provide
ELEAGLESLIVE.COM uses information generally to compile statistical data, keep in contact with users and provide them with a better interactive experience.
We may use your information specifically for the following purposes: to provide easy access every time you return to the Site without requiring re-entry of registration information; to keep you informed about products and services in which you may have interest; to complete business transactions; to contact you as part of a promotion; to allow you to make a posting on the Site; to administer individual accounts; to provide customer support; to meet legal requirements; to provide Internet security; and/or to analyze the collected information. In the event of a merger, consolidation, or sale or transfer of all or substantially all of our assets or business, one of the assets transferred may include the information we collect about our users.
ELEAGLESLIVE.COM works closely with our business partners and certain other third parties who may perform functions on our behalf, such as fulfilling orders, providing promotional materials to our users, sending e-mail, managing data, processing credit card payments or providing customer service. They have access to your Personally Identifiable Information only to the extent necessary to perform their functions and may not use it for any other purpose. Further, these business partners and other third parties may from time to time wish to extend special offers to you on their own behalf. We may use your Personally Identifiable Information to assist our business partners in offering you these products, services and information and may act as an intermediary (for instance, sending you e-mail on their behalf). Third parties will never receive your Personally Identifiable Information, unless you specifically opt-in to the third party. ELEAGLESLIVE.COM will conduct such business on their behalf.
We cooperate with law enforcement inquiries, as well as other efforts to enforce laws. We may also disclose Personally Identifiable Information in response to legal process, such as a court order or subpoena, or to protect the Site, hosted sites or users of these sites. We may also disclose Personally Identifiable Information in response to a request by law enforcement if there is an investigation of criminal conduct or other illegal activity. In most cases you may not receive notice of this disclosure to law enforcement. Therefore, we cannot promise, nor should you expect that, communications you make will always remain private.
Other than for the specific purposes set forth in this Privacy Policy, we will not disclose your Personally Identifiable Information to any third parties unless we obtain your prior consent or are legally compelled to do so. In addition, we will not contact you without your permission except as specified above or in connection with the registration process. On the Site, you will be given the opportunity to opt out of receiving e-mails or other information from ELEAGLESLIVE.COM. If you have questions about how your personally identifiable information is used, please contact us.
Third Party Advertising
We use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this Site and other sites about goods and services that may be of interest to you.
Cookies
When you visit the Site, we or a third-party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. For example, cookies allow us to tailor the Site to better match your interests and preferences. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site's best features.
About Our Forums
The Site may feature forums (such as classified ads, message boards and chat rooms), which enable our users to communicate with each other. We do not moderate and are not responsible for the content which you or any user posts on any forum on the Site. All Personally Identifiable Information you post in a forum may be viewed, collected and used by any visitor to the Site and is beyond our control. Therefore, ELEAGLESLIVE.COM strongly recommends that you do not post on any forum private information about yourself or other individuals. A primary purpose of ELEAGLESLIVE.COM is networking, therefore contact information needs to be displayed in most cases. ELEAGLESLIVE.COM offers you the option of displaying all, part, or none of your Personally Identifiable Information on the Site. If you choose to display your Personally Identifiable Information, you assume all risks and liabilities of such action.
Linking to Our Business Affiliates' and Third Party Web Sites
The Site contains links to sites operated by our business partners and other third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site's privacy policies, and if you do not agree to be bound by the terms of the policies governing that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties.
How Secure is Your Information
Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have reasonable policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain. All Personally Identifiable Information is stored on our secured servers, behind a firewall at a data center with access to data strictly controlled. To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you.
The Site may offer "auto login" which allows users to enter member areas of the Site without re-entering password information. You may want to disable auto login on your "Set Up" page if you are not the only person using your computer.
You should note that while we take steps to protect your privacy and security there is no "perfect security" on the Internet and by disclosing information there is a chance that the information may be intercepted or become public.
How Information Can Be Accessed or Modified
If you have any concerns about privacy procedures at our Web site or wish to access or modify your Personally Identifiable Information collected at the Site:
- Email us your privacy concerns at info@eleagleslive.com.
Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.