Terms of Use

ECLECTICVERVE.COM TERMS OF USE[break][break]

Last updated August 21, 2015[break][break]

IMPORTANT: ALL USERS MUST READ THESE TERMS[break][break]

Acceptance of Terms and Conditions. Please carefully read EclecticVerve.com Terms of Use and Privacy Policy (Collectively, “Agreement” or “Terms of Use”) before accessing or using the rest of the EclecticVerve.com Website. By accessing or using EclecticVerve.com (the “Website”), you (“you”) acknowledge that you have read, understand, and agree to be bound by all the terms set forth in this Agreement. You must accept the terms, in full, before using the Website. You can accept this Agreement in one of three ways: (1) by clicking to “accept” or “agree” to this Agreement, where this option is presented or made available to you on the Website; (2) by actually using the Website; and/or, (3) by making purchases from any third party website through EclecticVerve.com.[break][break]

  1. General. EclecticVerve.com provides an interactive Website by which you can learn about Eclectic Verve, view or listen to information about Eclectic Verve using code or “widgets” to allow access to third party websites, place orders for Eclectic Verve products through third party websites, follow links to purchase Eclectic Verve products on third party sites, and sign up for email newsletters regarding Eclectic Verve. These Terms of Use govern the use of this Website by you. By using this Website (other than to read this Agreement for the first time), by ordering Eclectic Verve products or services from any third party website via this Website, you agree to comply with this Terms of Use. You may use the Website only as permitted by this Agreement and only in a manner consistent with all applicable United States of America federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
  2. Changes to the Terms of Use. EclecticVerve.com reserves the right to make any modification to our Terms of Use as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and you continue to use our Website, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon EclecticVerve.com’s posting thereof.
  3. Privacy Policy. EclecticVerve.com cares about your privacy. EclecticVerve.com’s Privacy Policy applies to the use of the Website, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here.
  4. Concert/Products Descriptions. In describing and portraying Eclectic Verve’s products, services, and upcoming events on the Website, we attempt to be as accurate as possible. However, we do not warrant that the product, service, or event descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, and availability without prior notice. In addition, for any live performances, show times are approximate and may begin earlier or later than stated.
  5. Payment for Products. Payment for all products is processed through third parties. Please refer to those third parties for information regarding the use of any personal information you submit through those third party websites. YOU AGREE AND ACKNOWLEDGE THAT THE PRODUCTS FOR SALE ON THIS WEBSITE THAT ARE BEING OFFERED BY CDBABY.COM ARE PURCHASED DIRECTLY FROM CDBABY.COM. YOU FURTHER AGREE AND ACKNOWLEDGE THAT ECLECTICVERVE.COM MAKES NO GUARANTEE AS TO THE CONDITION OF THE PRODUCTS. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS ECLECTICVERVE.COM FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OF CDBABY.COM OR PRODUCTS PURCHASED THROUGH CDBABY.COM.
  6. Payment for Tickets. Payment for all tickets are processed through a third party. Please review the terms and conditions of the party through which you are purchasing tickets prior to making such purchase.
  7. Your Conduct. This Website and all content contained within are private property. All interactions on this Website must comply with these Terms of Use. By submitting material to the Website (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, music, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Website (i.e. posting area) or by private transmission (i.e. email and/or letter to EclecticVerve.com), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted EclecticVerve.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
  8. Copyright and Trademarks.  The Website is owned and controlled by Eclectic Verve, LLC and unless otherwise agreed in writing, all materials on our Website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Eclectic Verve, LLC. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF ECLECTIC VERVE, LLC IS STRICTLY PROHIBITED. The Website and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from Eclectic Verve, LLC unless such permission is explicitly granted on the Website. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. Eclectic Verve, LLC also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Certain trademarks, trade names, service marks, and logos used or displayed on this Website are registered and unregistered trademarks, trade names, and service marks of Eclectic Verve, LLC and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Website. Trademarks that are located within or on the Website shall not be deemed to be in the public domain but rather the exclusive property of Eclectic Verve, LLC, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of EclecticVerve.com, unless otherwise stated.
  9. Copyright and Trademark Complaints. EclecticVerve.com respects the intellectual property rights of others. We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require you to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Website in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When EclecticVerve.com receives proper Notification of Alleged Copyright Infringement, EclecticVerve.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright that you own or control, please e-mail us through the contact page on this website to report infringement of your copyright. EclecticVerve.com may, at its sole discretion, terminate your use of the Website  if you are deemed by EclecticVerve.com to be have committed copyright infringement, whether or not there is any repeat infringement.
  10. Links to the Website; Third Party Links on the Website; Third Party Content on the Website. Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable federal and state laws, statutes, rules, and regulations. The Website contains links to other websites that are not owned, operated, or controlled by EclecticVerve.com (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Website and we cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by EclecticVerve.com. Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by EclecticVerve.com. EclecticVerve.com is not responsible for any Third Party Websites accessed through the Website or any content posted by any user on this Website or any Third Party Websites regarding EclecticVerve.com. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that EclecticVerve.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from this Website.
  11. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER ECLECTICVERVE.COM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS OR CONCERT TICKETS PURCHASED THROUGH THIS WEBSITE. THIS WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
  12. Termination. EclecticVerve.com may terminate this Agreement at any time.
  13. Trademarks. EclecticVerve.com and Eclectic Verve are a trademarks of Eclectic Verve, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on EclecticVerve.com are the property of their respective owners.
  14. Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars.
  15. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
  16. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
  17. Governing Law; Venue and Jurisdiction. By using the Website, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and EclecticVerve.com. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
  18. Indemnity. You agree to indemnify and hold EclecticVerve.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Website, your conduct in connection with the Website, or with other users of the Website, or any violation of this Agreement or of any law or the rights of any third party.
  19. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. Oral changes have no effect.
  20. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
  21. Entire Agreement. This Agreement and any operating rules for EclecticVerve.com established by EclecticVerve.com constitute the entire agreement of the parties with respect to the subject matter hereof.