These Terms and Conditions of Use (the "Terms of Use") apply to the DAER web site located at https://hardrocknightlife.com/ (the "Site"). The Site is owned, operated, controlled and managed by Seminole Hard Rock Support Services LLC (“SHRSS”).
By using or visiting the Site you agree to these Terms of Use. If you do not agree, please do not use or visit the Site.
SHRSS expressly reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without prior notice and the updated version of these Terms of Use will be posted onto the Site. It is your responsibility to read the Terms of Use every time you access to the Site. Your continued use of the Site following the posting of changes will signify that you accept and agree to the Terms of Use posted on the Site at the time of your visit.
Subject to the Terms of Use SHRSS grants you a limited, personal, non-exclusive,non-transferable privilege to visit and use the Site.
Content of the Site
Alltext, graphics, sounds, music, video, software, user interfaces, visual interfaces, photographs, trademarks, logos, copyright, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site or that makeup the Site, is owned, controlled or licensed by or to SHRSS, and is protected as SHRSS’s Intellectual Property rights, by copyright, patent and trademark laws,and various other intellectual property rights and unfair competition laws.
The Site is for informational purposes only. While SHRSS strives to be accurate and complete, SHRSS cannot guarantee the availability of any particular prices,offerings, or services presented on the Site. Prices and offerings presented on the Site are subject to change and may only be offered at certain locations.
Occasionally, the Site may contain inaccuracies or typographical errors regarding product and service descriptions, availability, dates, and pricing. We reserve the right to correct or update any errors or omissions and to periodically change any information at our sole and absolute discretion without any prior notice to you.
Your Use of the Site
You may visit and use the Site and the Content only for your personal use and in compliance with these Terms of Use.
Excep tas expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, modified, uploaded, downloaded, posted,publicly displayed, encoded, translated, transmitted or distributed in any way(including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise,without SHRSS’s express prior written consent. Nothing in these Terms of Use may be construed as granting any license, title, right or interest in the Content and no derivative work may be created of the Content.
You may not use any web scraping or data harvesting method or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or anyContent, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SHRSS reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of theSite, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up,trace or seek to trace any information on any other user of or visitor to theSite, or any other customer of SHRSS, or exploit the Site or any service or information made available or offered by or through the Site, in any way wher ethe purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SHRSS’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to or through the Site or any service offered on or through the Site. You may not pretend that you are, orthat you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SHRSS or others.
You may not use the Site in any way or engage in any conduct that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene, sexually explicit, or offensive;
- advertises or promotes any other product or business (except for permitted advertising under separate written agreement with us);
- is likely to harass, upset, embarrass, alarm, or annoy any other person;
- is likely to disrupt our Site in any way; or
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age;
- infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
- advocates, promotes or assists any violence or any unlawful act.
Eligibility to Use the Site
You must meet certain eligibility requirements to use the Site and access the Content and the services offered through the Site. In general, you must be a minimum of eighteen (18) years old and have legal capacity to enter into and bind yourself to legal contracts. You are deemed to have legal capacity if you have reached the age of majority in your state of residence and have the capability and power under the law of yours tate of residence to enter a legally binding contract.
Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including VIP reservations, Bottle/Table Service and Tickets purchases, promotions or other similar features when ever offered through the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions,including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
A. VIP Reservations – Bottle/Table Service
You may be able to make a Bottle/Table Service reservation through the Site at one of the DAER locations by clicking on the BookVIP menu and selecting one of the offered venues (DAER Nightclub, DAER Dayclub or Rooftop Live), the desired event and day of the event. You will be directed to a third-party booking engine to complete the reservation. All terms and conditions of your reservation will be set forth on the reservation page forthat booking engine, including cancellation policies and only those terms will apply to your reservation.
You will be required to enter a valid credit card number to complete your transaction, as well as provide personal information including your name, address, and other contact information, all of which is processed by the third-party booking engine and solely subject to their privacy policy. Please note that your personal information, limited to contact details,will be provided to the DAER location where you made your reservation only for the purpose of managing your reservation, check you in when you arrive at the venue and for records purposes.
B. VIP Reservations – Tickets Purchase
You may be able to purchase Ticket/s for an eventhosted at one of the DAER locations by clicking on the Book VIP menu and selecting one of the offered venues (DAER Nightclub, DAER Dayclub or Rooftop Live), the desired event and day of the event. You will be directed to a third-party website where you can complete your purchase. All terms and conditions of your purchase will be set forth on the reservation page of such third-party website, including cancellation policies. Only those terms and conditions will apply to your transaction.
You will be required to enter a valid credit card number to complete your transaction, as well as provide personal information including your name, address, and other contact information, all of which is processed by the third-party website and solely subject to their privacy policy. Please note that your personal information, limited to contact details,will be provided to the DAER location that will host the event for which you purchased the Ticket and only for the purpose of managing your purchase, check you in when you arrive at the venue and for records purposes.
Privacy
DAER’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. A link to DAER’s Privacy Policy can be found in the footer of this Site as well as here
Links to Other Sites
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors and to allow you to complete your transactions. Such Linked Sites are not under SHRSS’s control, and SHRSS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and carefully read the Linked Sites’ privacy policy and terms of use.
Disclaimers
SHRSS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, ORTHAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE"BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SHRSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHRSS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OFFERED ON THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SHRSS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SHRS Sreserves the right to do any of the following, at any time, without notice: (1)to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SHRSS OR ANY OF THEIR OFFICERS,DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF,THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify and hold SHRSS, its officers, directors, shareholders,predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses(including attorneys’ fees), made against SHRSS by any third party due to or arising out of or in connection with your use of the Site.
Severability
The provisions of this Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity oren force ability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Governing Law; Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the applicable laws of the United States and the State of Florida, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction)that would cause the application of the laws of any jurisdiction other than the State of Florida. By using this Site,you consent to the jurisdiction of the state courts of Broward County, Florida and the United States District Courts for the Southern District of Florida for any action or proceeding arising under or relating to these Terms of Use, theSite, or the use of, or reliance on, the Site and you waive any objection to such jurisdiction or venue.
Inthe event of any controversy or dispute between SHRSS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), the neither party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Tribal Sovereignty
You acknowledge that SHRSS is a subordinate economic entity of the Seminole Tribe of Florida,which retains and has not waived its sovereign immunity from suit or process. Nothing in these Terms of Use s intended, nor shall it be interpreted to, subject the Seminole Tribe of Florida to the jurisdiction of the federal courts, or the courts of the State of Florida or any other state or the courts of any jurisdiction outside of the United States.
Contact Us
If you have any questions or concerns about the Site or these Terms of Use, please contact us at info@hardrocknightlife.com
