PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE WWW.SOIREEEVENTSUSA.COM WEBSITE
(COLLECTIVELY WITH ANY ASSOCIATED URLs, THE “SITE”).
YOUR ACCESS OR OTHER USE
OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS
& CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE AND SHOULD EXIT IMMEDIATELY.
Terms & Conditions
Acceptance of Terms & Conditions
By accessing or otherwise using this Site, you are acknowledging
and agreeing that you have read, understand and agree to be legally
bound by these terms and conditions.
Soirée Events LLC reserves the right to change these Terms
& Conditions from time to time and in its sole discretion. Your
continued access or other use of the Site following the posting
of any changes to these Terms & Conditions constitutes your
acceptance of such changes.
Your Use of the Site
You may access the Site for personal, non-commercial
use. Unless otherwise agreed
to in writing by Soirée Events LLC, you agree that you will not
copy, download, publish, modify or otherwise distribute or use the
Site, or any content included in the Site, for any purpose, except
to access the information included in the Site, to subscribe to
mail lists, to register for and access the photo gallery(ies),
and to purchase tickets or other goods and services offered by Soirée Events LLC or its partners/affiliates.
Your use of the Site or the content contained in the Site
for any purpose not set forth in these Terms & Conditions is
prohibited.
In addition to these Terms & Conditions, your
use of the Site is governed by our Privacy
Policy, and Ticket
Policy(ies) which are
hereby incorporated by reference. You agree to Soirée Events LLC's
collection, use and sharing of your information as set forth in
the Privacy Policy, and further agree to the terms of our Ticket
Policy(ies), which may be amended by us from time to time in
our discretion.
Subscriptions, Registrations
When subscribing to our mail list(s), registering to access our
photo gallery(ies) or ordering tickets or other goods and services,
you may need to fill out one or more forms, and provide certain
information. You agree that
all information you provide will be true, accurate, current and
complete. You further agree to promptly update the information
if necessary to keep it true, accurate, current and complete. Access to and use of password protected and/or
secure areas of the Site is restricted to users who have been given
a valid password by Soirée Events LLC. Unauthorized users attempting
to access these areas may be subject to prosecution.
Communications
with Soirée Events and/or the Site; Grant of Limited License
If you upload files, input data, or engage in any other form of
communication with Soirée Events LLC, whether through the Site or
otherwise, you hereby grant to Soirée Events LLC and its affiliates
a royalty-free, perpetual, sub-licensable, transferable, worldwide
license to use, copy, modify, incorporate into other works, display,
perform and distribute any such communication, or portion thereof,
in or through any medium, whether now known or hereafter created.
You hereby also grant to Soirée Events LLC the right to use
your name and/or likeness in connection with any such communication(s),
which it may choose to use or not use, in its sole discretion.
You
represent and warrant that you own the contents of any such communication(s)
or otherwise have sufficient rights in the communication(s) to grant
to Soirée Events LLC the license set forth in these Terms &
Conditions.
By
virtue of the license grants herein, you acknowledge and agree that
you shall have no recourse against Soirée Events LLC for any alleged
or actual infringement or misappropriation of any proprietary right
in or to your communications with Soirée Events LLC, including,
but not limited to any rights of publicity, rights of attribution,
moral rights, copyright rights, trademark/service mark rights and/or
patent rights.
User Conduct
You agree that you will not use the Site to upload, post, or otherwise
distribute or facilitate the distribution of any content that (i)
is libelous, defamatory or slanderous; (ii) contains explicit sexual
content; (iii) does or may denigrate or offend any individual or
group on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability; (iv) does or may threaten, abuse,
harass, or invade the privacy of any third party; (v) infringes
the rights of any third party, including, without limitation, patent,
trademark, trade secret, copyright, right of publicity, moral rights
or other proprietary rights; (vi) constitutes spam, chain letters,
any other form of unauthorized solicitation, or any form of lottery
or gambling; (vii) contains a virus or any other computer code that
is designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications equipment, or to
damage or obtain unauthorized access to any data or other information
of any third party; (viii) impersonates any person or entity, including
any employee or representative of Soirée Events LLC; or (ix) violates
any applicable law or these Terms & Conditions.
You
agree that you will not collect information about third parties
via the Site or use any such information for the purpose of transmitting
or facilitating transmission of unauthorized or unsolicited advertising,
junk or bulk e-mail, chain letters, or any other form of unauthorized
solicitation.
You
agree that you will not engage in the systematic retrieval of data
or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database or directory, without
Soirée Events LLC's prior written consent.
Transactions With Soirée Events LLC
Soirée Events LLC’s Ticket Policy, which is hereby incorporated
by reference, may be found here.
You agree that all purchases made by you on the Site are final. Except in the event of a cancellation or rescheduling,
there will be no refunds or exchanges on tickets. For information on your rights in the event
of a cancellation or rescheduling, please see our Ticket Policy. Purchases
may also be subject to Soirée Events LLC's Service Charge(s), which
are also non-refundable. You will be responsible for paying
all applicable taxes in connection with your purchase of any tickets.
Use
of tickets purchased via the Site must comply with any venue-specific
rules and regulations, which may be learned by contacting the venue.
Intellectual
Property
In
order to preserve the integrity of the Site and our branded services,
we must take steps to protect our intellectual property from infringers,
counterfeiters and copiers. Unless
you receive our advance written permission, you may not modify,
copy, reproduce, republish, upload, post, transmit or distribute
in any way any material from this Site including text, graphics,
code and/or software.
Soirée Events, Soirée Events USA, and any other words or images used on
or in connection with Soirée Events LLC goods or services are trademarks
or service marks of Soirée Events LLC.
This
Site, its contents, coding, look and feel are copyright © Soirée Events LLC. All Rights Reserved.
DISCLAIMER OF WARRANTIES
Soirée Events LLC PROVIDES THE SITE ON AN "AS IS" AND
"AS AVAILABLE" BASIS. Soirée Events LLC, ITS MEMBERS,
EMPLOYEES, PARTNERS, AFFILIATES, AGENTS AND LICENSORS HEREBY DISCLAIM
ALL WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Soirée Events
LLC DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION OR SERVICES
PROVIDED THEREIN WILL (i) BE UNINTERRUPTED; (ii) BE FREE FROM INACCURACIES,
ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) MEET YOUR REQUIREMENTS;
OR (iv) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE
YOU USE. YOUR USE OF THE SITE AND ANY SERVICES PROVIDED THEREIN
IS SOLELY AT YOUR RISK.
EXCLUSION OF DAMAGES
Soirée Events LLC, ITS MEMBERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS, SUBSIDIARIES AND LICENSORS
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL)
OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY
TO USE THE SITE OR ANY SERVICES PROVIDED THEREIN. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN
IF Soirée Events LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. WITHOUT LIMITING THE FOREGOING, Soirée Events LLC SHALL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CONTENT POSTED
TO THE SITE BY YOU OR ANY THIRD PARTY.
LIMITATION ON LIABILITY
IN NO EVENT WILL Soirée Events LLC'S LIABILITY TO YOU IN CONNECTION
WITH THE SITE, ANY SERVICES PROVIDED THEREIN, OR THESE TERMS &
CONDITIONS EXCEED THE AMOUNT PAID BY YOU TO Soirée Events LLC IN
THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO
THE LIABILITY.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES,
Soirée Events LLC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET
FORTH IN THESE TERMS & CONDITIONS
MAY NOT APPLY TO YOU.
THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT
CONTROLLED BY Soirée Events LLC. ACCORDINGLY, Soirée Events LLC
MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB
SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB
SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK
TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY Soirée Events LLC.
Indemnification
You hereby agree to indemnify and hold harmless Soirée Events LLC
and its representatives, agents, affiliates, members, directors,
officers, employees, managers and shareholders (the "Indemnified
Parties"), and at Soirée Events LLC's option defend the
Indemnified Parties, from and against any damage, loss, cost or
expense (including without limitation, reasonable legal fees and
related costs) incurred in connection with any third-party claim,
demand, proceeding or action (“Claim") brought against
any of the Indemnified Parties arising out of your use of the Site
or any service provided therein, or any alleged breach by you of
any provision of these Terms & Conditions. If
you are obligated to indemnify Soirée Events LLC, Soirée Events
LLC may, in its sole and absolute discretion, control the defense
and disposition (including its possible settlement) of any Claim
at your sole cost and expense. Without limitation of the foregoing,
you will not settle, compromise or in any
other manner dispose of any Claim without the written consent of
Soirée Events LLC.
Copyright
Soirée Events LLC respects the intellectual property of others,
and we ask our users to do the same. If notified of allegedly infringing,
defamatory, damaging, illegal, or offensive content, Soirée Events
LLC may, in its sole discretion, investigate the allegation and/or
edit, remove or request the removal of such content. Notwithstanding
the foregoing, Soirée Events LLC does not ensure that any such content
will be edited or removed. Soirée Events LLC may terminate the password
and account of users who infringe the intellectual property rights
of others.
If
you believe there is any content on the Site which infringes your
copyright, please notify us by sending an email with the word “copyright”
in the Subject line to: Info@SoireeEventsUSA.com.
Termination
Soirée Events LLC may, in its sole and absolute discretion, and
with or without prior notice to you, suspend or terminate your use
of the Site. The provisions of these Terms & Conditions
pertaining to disclaimers, exclusion of damages, limitations of
liability and indemnification shall survive termination.
You
may terminate your account for any reason by following the Unsubscribe
instructions in our Privacy
Policy,
and immediately discontinuing any further use of the Site. Soirée Events LLC shall not be liable to you
or any third party for any claims or damages arising out of any
termination or suspension of your use of the Site.
General
These Terms & Conditions shall be construed and enforced in
accordance with the law of the State of New York, without regard to its
conflict of law principles or any rule that may indicate the applicability
of the laws of any other State.
The parties hereto submit to the exclusive jurisdiction of
the State and Federal Courts located in the State of New York and waive any claim that
the forum is inconvenient or that venue is improper.
These
Terms & Conditions (and any further policies or documents incorporated
by reference herein) constitute the entire understanding between
Soirée Events LLC and users of the Site concerning the subject matter
hereof and may not be modified except by a written instrument executed
by Soirée Events LLC. This Agreement, which may be modified or amended
by Soirée Events LLC from time to time, in its sole discretion,
supersedes all prior understandings and agreements, whether written
or verbal with respect to the subject matter hereof.If
any of the provisions of these Terms & Conditions will contravene,
or be invalid under, the laws of the particular jurisdiction where
performed, such contravention or invalidity will not invalidate
the whole agreement, rather these Terms & Conditions will be
construed as if not containing the particular provision or provisions
held invalid, and the rights and obligations of the parties will
be construed and enforced accordingly.
No
failure or delay by Soirée Events LLC in exercising any right, power
or privilege under these Terms & Conditions will operate as
a waiver thereof, nor will any single or partial exercise of any
right, power or privilege preclude any other or further exercise
thereof or the exercise of any other right, power, or privilege
under these Terms & Conditions.
The
section titles in these Terms & Conditions are for convenience
only and have no legal or contractual effect.
These
Terms & Conditions are binding upon and shall ensure to the
benefit of both parties and their respective successors, heirs, executor,
administrators, personal representatives and permitted assigns.
Users may not assign their rights or obligations
hereunder without Soirée Events LLC's prior written consent.
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