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 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 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
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.
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.
Links to Other Sites
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.
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.
Governing Law; Dispute Resolution
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.