Terms & Conditions
Last Update: August 14, 2021
Thank you for visiting our website (the “Site”). Before using this Site, please review these terms and conditions (this “Agreement”) carefully, as by using this Site you are indicating your agreement with the terms and conditions of this Agreement. BY USING THIS SITE YOU HEREBY AND THEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT INTEND TO BE LEGALLY BOUND BY THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE. This Agreement constitutes and forms a legally binding contract between REV Entertainment LLC (“REV Entertainment, “we”, “our”, and “us”) and you.
THIS AGREEMENT INCLUDES LIMITATIONS ON HOW CLAIMS WILL BE RESOLVED, INCLUDING THE SPECIFIC CHOICE OF LAW, A REQUIREMENT TO ARBITRATE ALL CLAIMS, AND YOUR AGREEMENT THAT ALL CLAIMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS (I.E., NOT A CLASS ACTION).
- Additional Terms; Changes. This Agreement includes any additional terms and conditions that may be referenced on the Site, as well as the Privacy Notice. We may modify this Agreement, or any part thereof, or add or remove terms at any time, and those modifications, additions or deletions will be effective immediately upon posting on the Site. Your subsequent use of the Site will be deemed to constitute acceptance by you of these modifications, additions or deletions, so please check this page regularly.
- Content. Unless expressly noted otherwise, all materials and information appearing on the Site, including all text, software, photos, video, graphics, music and sound, are the exclusive property of REV Entertainment or its affiliates, and is “Copyright 2021 REV Entertainment LLC, All rights reserved”. All trademarks, service marks and trade dress on and of the Site are registered and unregistered trademarks of REV Entertainment LLC or its affiliates. REV Entertainment owns or uses by permission all software contained on the Site or used to power the Site, including all HTML code and other embedded code. Copyright and other laws and treaties protect this software, and expressly prohibits any modification, redistribution, or reproduction of the software. Any such actions could result in severe civil and criminal penalties, and REV Entertainment will prosecute violators to the maximum extent possible. Nothing on the Site will be deemed or construed to grant any right or license under any intellectual property or other similar right, whether by implication, estoppel, or otherwise.
- Restrictions. You may not, and will not permit any third party to copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes.
- Representations. You represent and warrant that you (i) are 18 years of age or older and possess the legal right and ability to enter into this Agreement, (ii) will not provide any false, inaccurate, or misleading information to us in connection with your use of the Site; (iii) will not use the Site in any manner which could interfere with, disrupt, negatively effect, or inhibit other users from using the Site or that could otherwise damage, disable, overburden, or impair the Site; (iv) will not use any automated means of data extraction (e.g., robots or spiders, or other “screen scraping” devices) to extract data from the Site; and (v) will not attempt to circumvent any security or content filtering mechanisms or techniques employed by the Site.
- Information You Provide. As part of your use of the Site, you may provide us with certain information. You agree that when you do so, the information that you provide will be accurate. Under no circumstances will you provide false or misleading information. We will use this information in a manner consistent with our Privacy Notice. While we take reasonable measures to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL REV ENTERTAINMENT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER REV ENTERTAINMENT HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
- Suggestions and Feedback. Any suggestions or feedback that you may provide us regarding modifications, improvements, enhancements, alterations or customizations of the Site or the services that we offer via the Site, whether authorized or not, shall be the sole and exclusive property of REV Entertainment, and you hereby assign all of your right, title and interest therein to REV Entertainment.
- Links to Other Sites. The Site may provide links to other sites. We take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. All such links to other sites are provided for your convenience, and the inclusion of such links or frames in the Site should not and will not be deemed to be an endorsement of such other sites.
- Communications. We have no obligation to treat as confidential any communications you send to us by electronic mail or otherwise, and may publish, reproduce, or otherwise use your communications in any way and for any purpose. We do not accept or consider unsolicited proposals related to our business or the business of our affiliates (such proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies). Please do not send such proposals. Additionally, please do not send original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. If you send us unsolicited proposals notwithstanding the foregoing, you acknowledge we may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including for commercial purposes, free of any obligation to compensate you in any way.
- No Warranty. The content of the Site may contain inaccuracies and typographical errors. We may alter, change or remove some or all of such content at any time and without notice, in our sole discretion. REV Entertainment makes no representations or warranties with respect to any of the Site’s contents, including with respect to its completeness or accuracy, and has no obligation and makes no commitment to update such content. REV Entertainment makes no representation or warranty about the suitability of the Site or any of its content for any purpose whatsoever.YOU USE THE SITE AT YOUR OWN RISK. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL REV ENTERTAINMENT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR ANY OF THE CONTENT, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER REV ENTERTAINMENT HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.REV Entertainment does not represent or warrant that your use of information and material on the Site will not infringe the intellectual property rights of third parties. REV Entertainment shall not be liable for any virus or other damage to computer equipment or other property due to your use of the Site or your downloading any audio, data, images, materials, pictures, text or video from the Site.
- Your Indemnity Obligation. You will indemnify and hold harmless, and upon request defend, REV Entertainment and its affiliates from any and all losses, damages, costs, or other expenses incurred (including court costs and attorneys’ fees) to the extent arising out of your use or misuse of the Site, or the breach of this Agreement by you or any person or entity acting on your behalf.
- Governing Law. This Agreement shall be governed by the laws of the State of Texas, without regard to choice of law principles, and the applicable federal laws and international treaties of the United States of America. This Agreement, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. The Parties consent to personal jurisdiction in Tarrant County, Texas, for any dispute arising out of the Site or this Agreement.
- Disputes. Any dispute or claim relating to or arising out of the Agreement shall be submitted to binding, individual, arbitration. The arbitration shall be conducted in Tarrant County, Texas, in accordance with the Commercial Rules of the American Arbitration Association (the “AAA”) in effect at the time the dispute or claim arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law. Either party may bring an action in any court of competent jurisdiction to compel arbitration under the Agreement, or to enforce an arbitration award. Neither party nor an arbitrator may disclose the existence, content, or results of any arbitration under the Agreement without the prior written consent of both parties. Either party shall be permitted to appeal the final award under the AAA’s Optional Appellate Arbitration Rules in effect at the time the dispute or claim arose. Grounds for vacating the award shall include, in addition to those enumerated under the Federal Arbitration Act, 9 U.S.C. §1, et seq, that the arbitrator committed errors of law that are material and prejudicial. The appeal shall be determined upon the written documents submitted by the parties, with no oral argument. After the appellate rights described in this section have been exercised or waived, the parties shall have no further right to challenge the award. No claim may be brought as a class or collective action, nor may yyou assert such a claim as a member of a class or collective action that is brought by another claimant. You agree that you will not bring or assert any claim under this Agreement more than two years after the time that the claim accrued.