Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
LAST UPDATED: November 23, 2014

Legal Contract

As used herein, “Site” refers to labaredallas.com and other sites on the World Wide Web (including sites designed to be accessed by browsers using Wireless Application Protocol) originating in the United States which are owned and/or operated by Labare II, Inc. or its wholly-owned subsidiaries or affiliates (collectively “LaBare”,  “Us,”, “Our” “We”, or the “Company.”) and constitute a legal agreement between you and LaBare.

For purposes of this agreement the term “Website” thus refers to this site regardless of whether you accessed it directly through labaredallas.com or through some other Web address.

 

IMPORTANT! PLEASE READ CAREFULLY.

These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and Maxim in connection with your access and use of the Site (“Agreement”).

By using the Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no license to access the Site and should leave immediately.

    IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE

 

        Changes To The Terms Of Use

LaBare reserves the right, in its sole discretion at any time, to change these Terms & Conditions or impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, updates or additions shall take effect immediately upon LaBare posting the most current version of the Terms & Conditions on the site with a new Effective Date shown. All changes in the Terms & Conditions shall be effective from the Effective Date. Your continued use of the Site after LaBare posts any such changes to the Terms & Conditions shall be deemed to constitute your acceptance of the modified Terms & Conditions.

LaBare may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content.  LaBare may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

 

        Electronic Communications

When you visit our Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, you must stop using this Website.

 

       Right To Terminate/Sale Of Company

LaBare may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Websites for any or no reason, including, without limitation, breach of these Terms of Use or the infringement of copyrights owned by third parties.

In the event that LaBare is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume LaBare’s obligations as to these Terms of Use and associated Privacy Policy.

 

        Access And Availability Of Services And Links

The LaBare Website may contain links to other internet sites. Interactions that occur between you and the third party are strictly between you and such third-party. Websites are not the responsibility of LaBare. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. LaBare does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site, and we encourage you to read those third party Website’s applicable Terms and Conditions and Privacy Policies.

 

        Entire Agreement

These Terms of Use are the entire agreement between you and LaBare for your use of the Website. LaBare’s failure to enforce any term shall not waive it. Any term found invalid or unenforceable by a court shall not affect the validity and enforceability of other terms.

 

        Indemnification

To the extent that you violate any of these Terms of Use, you agree to indemnify and hold harmless LaBare as to the civil and/or criminal consequences of your actions, including costs and attorney fees where relevant.

 

        Choice Of Law; Arbitration

These terms of use shall be governed by the law of Texas, and subject to binding arbitration by a three-person panel in Dallas, Texas, under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and LaBare relating to or arising out of your use of this Website. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. However, nothing in this mandatory arbitration clause shall limit a party from seeking any equitable relief from a court of proper jurisdiction in Texas.

 

YOUR RESPONSIBILITIES

Access To This Website Is By License Only. LaBare grants to you a limited license to access the Website for personal use and enjoyment.

Unless otherwise stated, all materials published on the Website (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by LaBare.

Except as indicated on the Website, this license does not permit you to copy, modify, or distribute any part of the Website. You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Website. You may not use any metatags or other hidden text that includes LaBare’s trademarks or trade name. You may not use the Website for any unlawful purpose.

 

           Prohibited Conduct

You may use this Website for lawful purposes only. While using this Website, you may not engage in any conduct that:
•    violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
•    is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts;
•    is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;
•    forges e-mail headers or otherwise disguises the origin of any communication;
•    victimizes or harasses, degrades, or intimidates any individual or group of individuals;
•    impersonates any person, business or entity including LaBare and its employees or agents;
•    contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm LaBare or a third party’s computer system;
•    allows for you or any third party to unlawfully access the computer of a third party or a computer network;
•    encourages conduct that constitutes a criminal act or that gives rise to civil liability;
•    violates these Terms of Use or any policy posted on this Website as in Section I.A. above or otherwise interferes with the rights of others.

You further agree that you will not post or transmit any photograph of another person without that person’s consent. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process.

We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use.

You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process. We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use.

 

       Information Provided On The Website

The Website provides information about upcoming performances, ticket prices, merchandise available for sale, and other content. Please note that despite our efforts to keep this information current and accurate, we do not warrant that all content is current, complete or accurate and reserve the right to reject any request or order based on inaccurate or out of date information. If you have questions about any particular information, please contact us for further details.

 

       Privacy Policy

Please read our Privacy Policy, incorporated here by reference, which also governs your visit to our Website.

 

       Children

This Website is not intended for children. Anyone under the age of 18 should not use it in any way.

 

       ADDITIONAL TERMS

The Website contains certain areas where due to the special nature of the services provided on those webpages we may provide additional usage rules and terms that are incorporated into these Terms of Use by reference. By using the Website you agree to these additional rules and terms. Some of the additional terms that apply to specific webpages or other services offered by LaBare are set forth below.

 

The Photo Gallery
The Gallery webpages include photographs from LaBare events that we think you may enjoy for your personal use. While LaBare has authority to use these photos on line, any individual in the photographs not employed by LaBare could object if you make any further publication or distribution. Such conduct would also violate the Copyright provisions of this Website as described more fully below.

 

Linking to the Website
Any Websites linking to this Website must meet the following criteria:
•    Any text-only link must be clearly marked “LaBare”
•    The appearance, position and other aspects of either the link or the host Website may not create the false impression that an entity other than LaBare is associated with or sponsored by LaBare.
•    The appearance, position and other aspects of either the link or the host Website may not, in the opinion of LaBare, be such as to damage or dilute the goodwill associated with LaBare’s name and trademarks
•    the link, when activated by a user, must display this Website full-screen and not with a “frame” on the linked Website
•    LaBare reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Terms of Use.

LaBare has no control over Websites linked to or from www.labaredallas.com, and is not responsible for the content, practices, operators, availability, accuracy, products, services, or other materials on or available from any such Websites. We urge you to review the terms of use of any Website that you visit.

 

        The Online Store

The Website offers you the opportunity to buy official LaBare brand merchandise, often at discounted prices.

LaBare may choose to delegate sale of LaBare merchandise to a well established and recognized third party like CafePress.com. Please review their Terms of Service .
Orders placed at the online store are paid either through your major credit card (Visa, Mastercard, American Express, Discovery) or your PayPal account. Check with CafePress for information about the security precautions taken with respect to any financial data you provide as part of the purchase process.

LaBare takes reasonable precautions in order to ensure the safety and security of our customer’s online transactions.

 

      Terms And Conditions for Online Store

2.    In addition to the provisions contained in these Terms of Use, the following terms apply specifically to the LaBare store.
3.    By placing an order, you certify that you are able to pay for the item(s) in your order.
4.    By placing an order with the LaBare Store you agree to be bound by the conditions of sale included in the item’s description (including, without limitation, payment method and acceptable ship-to address). The items on the LaBare Store are mature audience items and are restricted to adult use. If you place an order for an item on the LaBare Store, you are certifying that you are at least 21 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
5.    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the LaBare store and your purchase of items.
6.    You are responsible for the accuracy of any purchase placed.
7.    We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
8.    Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.
9.    We reserve the right to add and/or remove items on the LaBare store, for any reason, at any time.
10.    We reserve the right to limit quantities of items sold.
11.    You may not transfer or sell your User ID or account to another party.
12.    Unless otherwise stated, all prices are quoted in U.S. Dollars.
13.    In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
14.    We use our best efforts to ensure that the correct price is posted for each item in the LaBare store. If, however, an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
15.    Products available from the LaBare store may be advertised on third party shopping websites. LaBare is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the LaBare store, including, but not limited to pricing information. In the event that a difference exists, information found on the LaBare store shall govern.
16.    All purchases from the LaBare store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
17.    LaBare attempts to describe all of the products on the LaBare store as accurately as possible. However, LaBare does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error-free. If a product offered on the LaBare store is not as described, your sole remedy is to return it in unused condition.
18.    No contract will exist between you and LaBare for products until LaBare accepts your order by a confirmatory e-mail or other appropriate means of communication. All prices are stated in U.S. dollars and are valid unless mistakenly posted or until altered by LaBare. Prices do not include delivery charges or any import or export duties that may be added by the applicable jurisdiction.. Shipping charges will be added to your order during the check-out process.
19.    If you order products and the published price was incorrect, LaBare will contact you with the correct price and ask whether you still wish to order at the correct price. Any dates specified for delivery of any products are only an estimate.
20.    Return Policy
21.    All purchases from the LaBare store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
22.    You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund.

 

       Return Policy

To start return or exchange process please go to CafePress.com return/exchange form
All purchases from the LaBare store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund.
Where applicable, clothes must still have the original tags attached, and items such as CD’s, DVD’s, magazines, VHS tapes, cassette tapes and software must be unopened.
Attempts to stop payment on non-returnable items will be vigorously opposed by LaBare to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys’ fees.

      Purchasing Tickets To A LaBare Show / Making A Table Reservations

You may buy select tickets for a LaBare® performance online. Any of these ticket or reservations offerings on the Website link to websites that are outside the ownership and control of LaBare. LaBare is therefore not responsible for any errors, excess charges or the like that may occur form time to time with respect to any tickets for our shows that are purchased by following Web links to outside vendors from any LaBare website.

INTELLECTUAL PROPERTY

Copyright
Unless otherwise stated, all content on this Website, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of LaBare or third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. LaBare grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content.

This limited license does not apply to any copyrighted materials on this Website that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.

 

Trademarks
LaBare®, LaBare Dallas are registered trademarks owned by LaBare, Inc Both the registered and common-law trademarks are the property of LaBare. LaBare’s’ trademarks and trade name may not be used in connection with any non-LaBare product or service, in any manner likely to cause confusion for customers, or to blur or tarnish the distinctiveness of our trademarks, or in any manner that disparages LaBare.

 

Enforcement Of Intellectual Property Rights
LaBare takes the protection of its intellectual property very seriously and has brought many actions against infringers who used its name or trademarks.

 

Copyright Complaints
If you believe that your work has been used on our Website in a way that infringes your copyright, please contact our agent for notice of claims of copyright infringement at 2102 West Northwest Highway, Dallas, Texas 75220

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. LABARE DOES NOT WARRANT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LABARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LABARE DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. LABARE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS ABOVE.

CONTACTING US

If you have questions or comments about these terms of use, please contact:
labare2dallas@yahoo.com
    LaBare II, Inc
    2102 West Northwest Highway, Dallas, Texas 75220