Chat with us, powered by LiveChat

Terms of Use

Dave and Tim Riviera Maya 2019 Terms of Use

Effective Date: 8/23/18

Welcome to the Dave and Tim Riviera Maya web site (www.daveandtimrivieramaya.com) and various other web sites and web pages operated by CID Presents, LLC (“CID “, “we”, “our” or “us”) or its affiliates (the “CID Web Site(s)”). These terms and conditions of use (the “Terms of Use”) constitute an agreement between you (“you”, “your” or “User”) and CID. PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE CID WEB SITES.

The CID Web Sites are offered to you conditioned on your acceptance without modification of these Terms of Use. By accessing the CID Website or using any part of the CID Website or any content or services on the CID Website, you unconditionally agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, please do not use the CID Websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the CID Web Site following the posting of changes to these terms will mean you accept those changes. The most current version of these Terms of Use will be available on the CID Website and will supersede all previous versions.  You can determine when we last changed these Terms of Use by referring to the “Effective Date” notation at the top of this page. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. We may at any time, in our sole discretion and without prior notice or liability, modify or alter any aspect of the CID Website.  Your use of a particular CID Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests, ticket purchasing or chat areas), and that are outlined on that CID Web Site (the “Additional Terms “). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular CID Web Site, then these terms shall control.

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  The following are the terms and conditions for use of the CID Web Sites. These Terms of Use applies to the CID Web Sites and does not apply to the content of third parties. Although links to other websites may be available from the CID Website, you acknowledge and agree that we are not responsible or liable under any circumstance for such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such websites or resources.

  1. CID Web Site Accounts. If a particular CID Web Site or any product or service offered on any CID Web Site (each a “CID Site/Service “, and collectively “CID Web Sites/Services” or “CID Websites/Services”) requires you to open an account, you must complete the registration process by providing CID with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You agree to notify CID immediately of any unauthorized use of your account or any other breach of security.  CID will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CID or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder. In addition, we reserve the right, at any time and in our sole discretion, and without any notice or liability, to terminate your password, user account and its contents, refuse to permit you to post or remove any postings to the CID Website/Services, and/or access to any part of the CID Website/Services. You agree that any termination or cancellation of your access to, or use of, the CID Website/Services may be effected without prior notice, and that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the CID Website/Services or your user account.  It is our policy to respect the privacy of all customers and users of the CID Web Sites.  CID may use the information we collect from you in a variety of ways, subject to the terms of our Privacy Policy.
  2. Content Ownership; Limited License; Restrictions. You acknowledge that the CID Website/Services contains, or may in the future contain, content, including, without limitation, media and materials, software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, copyrights, logos, domain names, trade names, service marks, patents and all copyrightable or otherwise legally protectable material (including source and object code) and/or any other form of intellectual property, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (collectively, “Content“) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  CID or its partners and affiliates own, have been licensed and/or retain all proprietary rights to the CID Website and the Content.  Unless the context clearly requires otherwise or we explicitly say so in writing, the terms” CID Website” and “CID Websites/Services” includes “Content” as well.
  3. Eligibility. The CID Website/Services are offered and made available only to users thirteen (13) years of age or older who reside in the United States of America, its territories and possessions (“U.S.”) and certain features on this Website may be subject to heightened age and/or other eligibility requirements. You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the CID Website/Services with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms of Use. If you are not yet thirteen (13) years old, are at least thirteen (13) years old but are not yet eighteen (18) years old and have not obtained the knowledge and consent of your parent or legal guardian, do not reside in the U.S., and/or do not meet any other eligibility requirements, please discontinue using the  CID Website/Services immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the  CID Website/Services immediately.
  4. Communication Services. The CID Web Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services “). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By using the Communication Services on the CID Web Sites, you expressly agree to adhere to the prohibitions herein. We reserve the right to remove or edit content from the Communication Services at any time and for any reason. By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived. When participating in the Communication Services, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in the Communication Services may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information. CID has no obligation to monitor the Communication Services. However, CID reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion at any time, without notice, for any or no reason whatsoever. CID reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any or no reason whatsoever. CID reserves the right at all times to disclose any information as CID deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CID’s sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. CID does not control or endorse the content, messages or information found in any Communication Service and, therefore, CID specifically disclaims, and you hereby agree to release and hold CID harmless from, any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CID spokespersons, and their views do not necessarily reflect those of CID. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
  5. No Unlawful Or Prohibited Use. As a condition of your use of the CID Web Sites/Services, you will not use the CID Web Sites/Services for any purpose that is unlawful or prohibited by these Terms of Use or causes damage to any third party. You agree to use the CID Web Sites/Services and/or the Communication Services only as expressly detailed herein. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates these Terms of Use, including, without limitation, removing the offending communication from the CID Website and/or Communication Service and terminating the membership, if any, of such violators. By way of example, and not as a limitation, you agree that when using the CID Web Sites/Services or Communication Services, you will not:
  • defame, abuse, harass, harm or threaten others;
  • make any bigoted, hateful, or racially offensive statements;
  • advocate illegal activity or discuss illegal activities with or without the intent to commit them or cause injury or property damage to any person;
  • post or distribute any material that infringes and/or violates any right of a third party or any law;
  • post or distribute any material that you do not have a right to transmit either by law or under a contractual or fiduciary agreement or other arrangement;
  • post or distribute any vulgar, obscene, discourteous, or indecent language or images;
  • do anything that is, or can be considered, harmful to minors in any way;
  • advertise or sell to or solicit others;
  • use the CID Web Sites or Communication Services for commercial purposes of any kind;
  • post or distribute any software or other materials that contain a virus or other harmful component;
  • solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  • post material or make statements that do not generally pertain to the designated topic or theme of any Communication Service;
  • restrict or inhibit any other user from using and enjoying the services or features of the CID Web Sites/Services;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the CID Web Sites;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
  • use the CID Web Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • interfere with or disrupt any servers or networks used to provide the CID Web Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the CID Web Sites;
  • divert users to another site or prohibited diversion of traffic to another site;
  • gain, or attempt to gain, unauthorized access to the CID Web Sites, or any account, computer system, or network connected to the CID Web Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
  • do anything that might affect us adversely or reflect negatively on us, the CID Website/Services, the “marks” (as defined below) and/or the Content, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the CID Website/Services, or from advertising, linking or becoming a partner with us;
  • do anything that is in violation of any applicable local, state, federal and/or international law;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the CID Web Sites; or
  • gather and/or share for marketing purposes any email addresses or other personal information that has been posted by other users of the CID Web Sites.

 

6. Materials Provided To CID Or Posted At Any CID Web Site.  CID does not claim ownership of the materials you provide to  CID or post, upload, input or submit to any  CID Site/Service or its associated services for review by the general public, or by the members of any public or private community, including, without limitation, any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (each a “Submission” and collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting (“Posting“) your Submission, you are granting  CID, its affiliated companies and necessary sublicensees and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any such Submission (in whole or in part and with or without the use of your name) worldwide and/or to incorporate such Submission in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights that may exist in such  Submission in connection with the operation of their businesses (including, without limitation, all  CID Web Sites/Services), including, without limitation, the license rights to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a  CID Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein.  CID is under no obligation to post or use any Submission you may provide and CID may remove any Submission at any time in CID’s sole discretion for any or no reason with or without prior notice.

By Posting a Submission you warrant and represent that (a) you own or otherwise control all of the rights to your Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions; (b) you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, without limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant  CID all of the licenses and rights required to be granted herein; (c) you will not, in connection with Submissions, submit material that is inappropriate or contrary to applicable law or regulations; (d) the Submission does and will not, in any way, violate or breach and of the terms or conditions of these Terms of Use; (e) the Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright, privacy right, publicity right or any other right of any person or entity, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (f) the Submission is not obscene or in any other manner unlawful, (g) the Submission shall not be damaging or injurious to  CID or its partners or affiliates, or any user, (h) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Submission, (i) the Submission does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world; and (j) if your Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Submission in the public domain and grant  CID the right to use such Submission as described above.

7. Notifications Of Material That Violates Third Party Rights. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the CID Website and to promptly end any infringement that might occur.   You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership and/or user privileges of any member or user who we believe infringes upon the intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the right claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CID to locate the material;
  • information reasonably sufficient to permit CID to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of such rights or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • You acknowledge that if you fail to comply with all of the requirements of these Terms of Use, your notice may not be valid.

If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to CID:

  • your physical or electronic signature;
  • identification of the content that has been removed and the location at which the content appeared before it was removed;
  • a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in the Commonwealth of Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, CID may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at CID’s sole discretion.

8. DISCLAIMERS.THE CID WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  CID EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO ANY IMPLIED WARRANTY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY AND/OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, CID DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE CID WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE CID WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE CID WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE CID WEBSITE.  CID MAKES NO WARRANTY THAT THE CID WEBSITE AND/OR ANY CID SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

While we try to provide accurate information on the CID Web Sites, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the CID Web Sites or sites that link to or from the CID website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the CID website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.

YOU ARE USING THE CID WEBSITE AND THE SERVICES WE PROVIDE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN THE CID WEBSITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE CID WEBSITE.

WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THE CID WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE CID WEBSITE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE CID WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

9. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER CID NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, PARTNERS, SUBSIDIARIES, ASSIGNS, ADVERTISERS, SERVICE PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVEY, THE “RELEASEES“) WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (WHETHER DIRECT OR INDIRECT, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, IN CIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF  CID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE) ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE  CID WEBSITE AND/OR THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE  CID WEBSITE, (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES WE PROVIDE, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE  CID WEBSITE, OR (D) OR ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CID WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

10. Indemnification. You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, alleged claims, demands, causes of action, judgments, losses, damages, costs and expenses, including attorneys’ fees arising out of, in connection with or relating to: (a) your use of the CID Web Sites/Services; (b) any material you post, upload, e-mail or otherwise transmit to or using the  CID Web Sites/Services, including, without limitation, any Submissions; (c) any misrepresentation made by you; and/or (d) your violation, breach or alleged violation or breach of these Terms of Use, including, without limitation, your obligations, representations and warranties set forth herein.  You agree to cooperate fully and as reasonably required in our defense of any claim.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our prior written consent.

11. Termination/Access Restriction. You agree not to interfere (or permit the use of your account, if any, by a third party to interfere) with the normal processes or use of the CID Website/Service by other members, including without limitation, by attempting to access administrative areas of the CID Website. You agree to report any violation of these Terms of Use by others that you become aware of.   CID reserves the right, in its sole discretion, to terminate your access to any or all CID Web Sites/Services and the related services or any portion thereof at any time, without notice.  CID may also terminate or suspend your access to CID Web Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by CID. Upon termination of the CID Site/Service, your right to use the CID Web Site/Service immediately ceases.  CID shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

CID will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay CID liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CID’s actual damages, to the extent such actual damages can be reasonably calculated.

12. Links To Third Party Sites. The CID Web Sites/Services may contain, incorporate or provide access to third party software applications and services, content made available by third parties, and links to third party Web sites (each, a “Linked Site” and collectively, the “Linked Sites “). The Linked Sites are not under the control of CID, and CID is not responsible or liable for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  CID is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CID responsible or liable if the Linked Site is not working appropriately.  CID is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CID of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including without limitation producers, promoters, artists, ticketing companies, hotels, travel companies, advertisers, mobile application providers, etc.) included within the CID Web Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party.  CID shall not be responsible or liable for any part of any such dealings or promotions.

In addition, other sites may link to the CID Website with or without our authorization, and we may block any links to or from the CID Website. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, APPLICATIONS, CONTENT AND RESOURCES IS AT YOUR OWN RISK.  If you link to the CID Website, we require that you follow these guidelines. The link to the CID Website must not damage, dilute or tarnish the goodwill associated with any of our names, “marks” (as defined below) and/or other intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with CID. You may not “frame” the CID Website or alter its intellectual property or Content in any other way. You may not link to the CID Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, to terminate a link with any website for any reason or no reason at all, including, without limitation, any website that we deem to be inappropriate or inconsistent with or antithetical to the CID Website and/or these Terms of Use.

13. Wireless. You will only receive CID text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for products sponsored by CID or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.

14. Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, and any dispute or claim relating to the use of the CID Website will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You or we may assert claims in small claims court if your claims apply;
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Philadelphia County, Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: CID Presents, LLC, 1 South Broad St, Ste. 1710, Philadelphia, PA, 19107, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Philadelphia County, Pennsylvania. In the event that the location of the Arbitration (Philadelphia County, PA) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. BY MAKING YOUR PURCHASE AND/OR USING/ACCESSING THE CID WEBSITE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

15. Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

16. Miscellaneous. These Terms of Use (together with our Privacy Policy and Purchase Policy) represent the entire understanding and agreement between you and CID relating to the subject matter herein and supersede any and all prior or other arrangements, negotiations, discussions, statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by CID. Any waiver of any provision of these terms must be in writing signed by CID to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.  We will determine your compliance with these Terms of Use in our sole discretion and its decision shall be final and binding.  Any violation of these Terms of Use may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities.  We reserve the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party.  Upon termination of your membership or access to the Website, or upon demand by us, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.   The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

COPYRIGHTS / TRADEMARKS CID Presents, LLC. All brands, names, logos, trade names, copyrights, service marks and trademarks and other distinctive identifications (collectively, the “marks”) on or of the CID Website/Services are owned by CID and/or its related entities, affiliates or partners or are used under license. All rights reserved. The marks are protected by copyright and trademark and you shall not use the marks, or any confusingly similar marks, for any purpose whatsoever without the express prior written consent of CID or otherwise as contemplated in this Agreement. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in the CID Website/Services are expressly prohibited.