| PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.ELYTEAFFAIRS.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. ELYTE AFFAIRS 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 ELYTE AFFAIRS 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, and to purchase tickets or other goods and services offered by ELYTE AFFAIRS 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 ELYTE AFFAIRS 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) 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 ELYTE AFFAIRS LLC. Unauthorized users attempting to access these areas may be subject to prosecution. Communications with ELYTE AFFAIRS and/or the Site; Grant of Limited License If you upload files, input data, or engage in any other form of communication with ELYTE AFFAIRS LLC, whether through the Site or otherwise, you hereby grant to ELYTE AFFAIRS 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 ELYTE AFFAIRS 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 ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC for any alleged or actual infringement or misappropriation of any proprietary right in or to your communications with ELYTE AFFAIRS 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 ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC's prior written consent. Transactions With ELYTE AFFAIRS LLC ELYTE AFFAIRS 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 ELYTE AFFAIRS 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. ELYTE AFFAIRS, ELYTE AFFAIRS USA, and any other words or images used on or in connection with ELYTE AFFAIRS LLC goods or services are trademarks or service marks of ELYTE AFFAIRS LLC. This Site, its contents, coding, look and feel are copyright © ELYTE AFFAIRS LLC. All Rights Reserved. DISCLAIMER OF WARRANTIES ELYTE AFFAIRS LLC PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELYTE AFFAIRS 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, ELYTE AFFAIRS 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 ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, ELYTE AFFAIRS 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 ELYTE AFFAIRS 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 ELYTE AFFAIRS 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, ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC. ACCORDINGLY, ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC. Indemnification You hereby agree to indemnify and hold harmless ELYTE AFFAIRS LLC and its representatives, agents, affiliates, members, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC, ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC. Copyright ELYTE AFFAIRS 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, ELYTE AFFAIRS LLC may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, ELYTE AFFAIRS LLC does not ensure that any such content will be edited or removed. ELYTE AFFAIRS 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@ElyteAffairs.com. Termination ELYTE AFFAIRS 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. ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC and users of the Site concerning the subject matter hereof and may not be modified except by a written instrument executed by ELYTE AFFAIRS LLC. This Agreement, which may be modified or amended by ELYTE AFFAIRS 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 ELYTE AFFAIRS 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 ELYTE AFFAIRS LLC's prior written consent. BACK TO TOP |
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