Terms & Conditions
These Terms and Conditions (these "Terms") are entered into by and between you and REVEL ("REVEL”). In consideration of your use of and access to this website ("Site"), and the promises and obligations herein, and intending to be legally bound, you and REVEL hereby agree as follows:
Your access to and use of this Site is subject to these Terms, as well as any modifications to them issued by REVEL and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use this Site.
Among other things, this Site provides information concerning products and services sold or offered by third parties and the opportunity to purchase or obtain additional information concerning those products and services. These Terms in no way override the terms and conditions of your purchase or use of any such third party product or service except as specifically provided herein.
1. CHANGES TO TERMS.
REVEL shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the revised or additional terms and conditions on this Site. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than REVEL shall be valid or enforceable against REVEL.
REVEL shall have the right at any time and without prior notice to terminate some or all of this Site, including any feature or portion thereof, any products or services offered through this Site or any individual's right to access or use this Site or any feature or portion thereof.
3. COMPLIANCE WITH LAWS.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products through this Site. You must be at least 18 years old to use this Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, information and other material provided by REVEL on or through this Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions or typographical errors or may be out of date. REVEL may change or delete any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on REVEL except to the extent it is specifically indicated to be so.
You may view and use the Content only for your personal information and for shopping and ordering on or through this Site, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, REVEL does not grant to you any right to use, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content. Any use of the Content, except as specifically permitted in these Terms or in the Content, is strictly prohibited.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated by Content on this Site, please provide the REVEL copyright agent the information specified below in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this Site;
- Your contact information such as an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law; and
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The REVEL Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached firstname.lastname@example.org or via mail at:
Attn: Copyright Agent
57 GRAND LLC
32 Clinton Street, 2nd Fl
New York, NY 10002
5. LINKS TO THIRD PARTY SITES.
Links to or from other websites operated by third parties do not constitute sponsorship, endorsement or approval by REVEL of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by REVEL, and REVEL is not responsible for the availability, content, security, policies or practices of linked sites. Links to other sites are provided for your convenience only and you access them at your own risk. Please be aware that REVEL is not responsible for any transactions you engage in once you leave our site. We do not process any financial transactions through our site. You should also be aware the third party sites may have privacy policies that differ from ours.
6. PRICES; ORDERS.
All prices displayed on this Site are quoted in U.S. dollars. In the event that a product or service is listed at an incorrect price due to a typographical error, REVEL shall not be responsible for any discrepancy.
7. DISCLAIMER AND LIMITATION OF LIABILITY.
REVEL, ITS SUPPLIERS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THIS SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT. REVEL ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THIS SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL PRODUCTS SOLD THROUGH THIS SITE AND CONTENT PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF PRODUCTS AND CONTENT ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL REVEL, ITS SUPPLIERS, VENDORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED THROUGH THIS SITE OR ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THIS SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF REVEL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless REVEL, its affiliates and their respective directors, officers, employees and agents from and against all claims, losses, damages, liabilities and costs (including reasonable attorneys' fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of this Site.
You may not post on or transmit through this Site, including any Comments, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethnically or otherwise objectionable Content of any kind. If we are notified of any such Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content. We may disclose any Content of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this Site or our business; or (iii) to protect the rights or property of REVEL, REVEL's vendors, our affiliates, you or other users of this Site.
You may upload or submit to this Site only such Content (a) that is not subject to any copyright or other proprietary rights restrictions; (b) with respect to which the owner or licensor has given express authorization for REVEL to distribute over the Internet; or (c) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." You will be liable for any damage resulting from any infringement of copyrights or proprietary rights or from any other harm arising from your unauthorized submission.
Except as otherwise expressly provided herein or in the separately posted Privacy Statement, any communication or material you transmit to REVEL through this Site (other than in response to a job posting) by electronic mail, posting as a Comment or otherwise, including any contest or sweepstakes entries, images, photographs, video files, audio files, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary and may be used by REVEL, REVEL's vendors or their affiliates for any purpose, including reproduction, modification, disclosure, transmission, publication, broadcast and posting, and for advertising, publicity or promotional purposes in any media (now known or hereafter created or conceived) without further permission, payment or other consideration, unless prohibited by law.
We gather personal information about users of this Site so we can better serve you, and we make reasonable efforts to ensure the security of any personal information and to treat that information responsibly. If you sign up to receive e-mails, messages or e-newsletters, you may be asked to provide information concerning your personal interests. Also, entering one of our contests or sweepstakes may involve our collection of further personal information from you such as your birth date and chosen nickname.
Our system may keep track of technical information about your computer or mobile device, such as the browser type and version, operating system of your computer and the Internet Service Provider (ISP) or other provider you use to access this Site. So we can understand the use of this Site by our visitors, improve your shopping experience and better market and manage this Site, we also automatically collect information as to how you were directed to this Site, how you navigate around this Site, what products you browse and your purchasing activities.
This Site may set cookies on your computer. Cookies are text files placed on your computer by our server that help recall your use of this Site. Pages on this Site may contain web beacons. Web beacons are small, transparent graphics that are placed on web pages to track how users arrive at a website and what they do there. We use web beacons to track users' visits to and browsing activities at this Site and to compile sales and statistical data. This information assists us in marketing and managing this Site and enhancing your shopping experience.
Additionally, we share personal information about you when you voluntarily use certain optional services and features we offer. For example, if you ask us to send a particular product or information to another person, we will tell that person we are sending the product or information at your request. If you participate in a contest or sweepstakes, we may share the information you submit with others assisting us in the administration of that feature. If you use the Comments section or one of our other similar features, the contents of your posting will be available to all other participants and will be accompanied by your user name or chosen nickname.
We reserve the right to share personal information about you with our affiliates in the course of our business operations. We also reserve the right to share personal information about you when we believe this to be appropriate to comply with the law or in cooperation with legal authorities, to enforce the Terms and Conditions governing use of this Site or to protect the rights, property, safety or other interests of REVEL and its affiliates or users.
We may share non-personal, non-individually identifiable information about our users with the group of people with whom we share personal information, as well as with other third parties such as vendors, advertisers and marketing firms.
You can subscribe to or unsubscribe from e-newsletters and other promotional notices by going to the area on this Site dealing with accounts and accessing the type of communication service you wish to change, or by contacting us at email@example.com . You cannot access or change the non-personal information that we collect.
These Terms constitute the entire agreement between you and REVEL with respect to the subject matter hereof and supersede all previous written or oral agreements between you and REVEL with respect to such subject matter. No waiver by REVEL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provision. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
REVEL shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control.
Access to or use of this Site shall not be construed as REVEL's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Additionally, any claims brought against REVEL shall be governed by and construed in accordance with the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of this Site or any orders placed or products purchased through any of them, shall be in the state or federal courts located in the County of New York, State of New York.