Terms and Conditions
Agreement between User and fearlesslynia.com
Welcome to fearlesslynia.com. The fearlesslynia.com website (the “Site”) is comprised of various web pages operated by Hathor Entertainment LLC. fearlesslynia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of fearlesslynia.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
fearlesslynia.com is NIA’s e-commerce site that sells music, apparel, miscellaneous items, live event tickets, virtual event tickets, concert videos on demand, and fan club membership access.
Privacy
Your use of fearlesslynia.com is subject to Hathor Entertainment LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting fearlesslynia.com or sending emails to Hathor Entertainment LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hathor Entertainment LLC and NIA are not responsible for third party access to your account that results from theft or misappropriation of your account. Hathor Entertainment LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
Hathor Entertainment LLC does not knowingly collect, either online or offline, personal information from people under the age of thirteen. If you are under 18, you may use fearlesslynia.com only with the permission of a parent or guardian.
Cancellation/Refund Policy
We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You will also need the receipt or proof of purchase.
To start a return, you can contact us at store@hathorent.com. If your return is accepted, will send you a return shipping label and instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return questions at store@hathorent.com.
Links to Third-Party Sites/Third-Party Services
fearlesslynia.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hathor Entertainment LLC and Hathor Entertainment LLC is not responsible 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. Hathor Entertainment LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hathor Entertainment LLC of the site or any association with its operators.
Certain services made available via fearlesslynia.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the fearlesslynia.com domain, you hereby acknowledge and consent that Hathor Entertainment LLC may share such information and data with any third party with whom Hathor Entertainment LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of fearlesslynia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use fearlesslynia.com strictly per these terms of use. As a condition of your use of the Site, you warrant Hathor Entertainment LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, lyrics, as well as the compilation thereof, and any software used on the Site, is the property of Hathor Entertainment LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hathor Entertainment LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Hathor Entertainment LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hathor Entertainment LLC or our licensors except as expressly authorized by these Terms.
Third-Party Accounts
You will be able to connect your Hathor Entertainment LLC account to third-party accounts. By connecting your Hathor Entertainment LLC account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (per your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Hathor Entertainment LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hathor Entertainment LLC Content accessed through fearlesslynia.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Hathor Entertainment LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hathor Entertainment LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hathor Entertainment LLC in asserting any available defenses.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration according to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hathor Entertainment LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceedings.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HATHOR ENTERTAINMENT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
HATHOR ENTERTAINMENT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HATHOR ENTERTAINMENT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HATHOR ENTERTAINMENT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HATHOR ENTERTAINMENT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Hathor Entertainment LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hathor Entertainment LLC because of this agreement or use of the Site. Hathor Entertainment LLC’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Hathor Entertainment LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hathor Entertainment LLC concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hathor Entertainment LLC concerning the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Hathor Entertainment LLC concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Hathor Entertainment LLC reserves the right, in its sole discretion, to change the Terms under which fearlesslynia.com is offered. The most current version of the Terms will supersede all previous versions. Hathor Entertainment LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Hathor Entertainment LLC welcomes your questions or comments regarding the Terms:
Hathor Entertainment LLC
3950 Laurel Canyon Blvd, #1270
Studio City, California 91604
Email Address:
legal@hathorent.com
Effective as of May 01, 2023
Last updated and effective as of March 1, 2022.
This privacy policy sets out the basis on which any information (which may include personal data, as defined in data protection law) we collect from you, or that you provide to us, through this website, application, or service, including both the website located at https://fearlesslynia.com and the web store located at https://www.shop.fearlesslynia.com (the “Site”) will be processed by us. Please read the following carefully to understand our practices regarding your information and how we will treat it.
The website that is located at https://fearlesslynia.com and the web store located at https://www.shop.fearlesslynia.com is operated by Hathor Entertainment LLC, on behalf of Nia (Hathor Entertainment LLC and Nia, together “We,” or “Us”). Hathor Entertainment LLC is an independent data controller under applicable data protection law. Hathor Entertainment LLC makes the disclosures in this Privacy Policy to you (and, where necessary, references in this Privacy Policy to “we” will be deemed to be references to the entity for such purpose).
As used in this Privacy Policy, “Hathor Entertainment LLC Company” respectively includes all entities Hathor Entertainment LLC and Nia controls, is controlled by, or is under common control with, including subsidiaries, joint ventures, or other entities in whom Hathor Entertainment LLC has a substantial ownership interest.
Questions, comments, and requests regarding this privacy policy are welcomed. Please email store@hathorent.com.
When you use the Site or contact us by email, social media, SMS, telephone, or other methods, Hathor Entertainment LLC may collect and process the following data about you:
The information you give us may include your name, address, e-mail address and phone number, date of birth, payment information, personal description, photographs or images, or comments.
Hathor Entertainment LLC may also collect information about your devices (including phones, computers, or other devices) where you access and visit our Sites. Such information may include unique device identifiers and mobile network information (including phone number), IP address, language and time zone, operating system, hardware version, device locations (including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals).
Hathor Entertainment LLC may also work with third parties (including, for example, business partners, sub-contractors in technical, payment, and delivery services, advertising networks, analytics providers, social networks such as Facebook and Twitter, search information providers, credit reference agencies, third parties who enable sign-on functionality and social network integration) and may receive information about you from them.
If you choose to use features on this Site that connect to your online profiles, accounts, or services (including social media accounts) (“Connected Accounts”), we may collect any information that you permit through your settings on those Connected Accounts. For example, if you log in to our site using your Facebook account and choose to allow Facebook to share your profile with us, we may collect that information. Information we receive from Connected Accounts includes email address, first and last name, location (hometown and country), gender, date of birth, likes, posts, or other social activity. Please review your Connected Account privacy settings to control what information is provided to us through this option.
Hathor Entertainment LLC may use information held about you in the following ways:
We may combine information we receive from other sources with information you give to us and information we collect about you (including information about your devices). We may use this combined information for the purposes set out above.
Hathor Entertainment LLC may share your data with Hathor Entertainment LLC companies and with selected third parties including:
Hathor Entertainment LLC may disclose your data to third parties:
Text messaging opt-in data and consent will not be disclosed to third parties for purposes of that third party to send text messages.
All the information you provide may be processed and stored, transferred, or accessed by entities around the world as described in this policy. We will take steps to ensure that your data is treated securely and per this Privacy Policy. We have put in place technical and organizational procedures designed to safeguard the information we collected on this Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk.
The Site uses cookies and other tracking technologies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse the Site and also allows us to improve the Site. For detailed information on the cookies and other technologies we use and the purposes for which we use them see our Cookies Policy below.
Some of the content, advertising, and functionality on our Site may be provided by third parties that are not affiliated with us. For example, you may have the opportunity to log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal data with us. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network.
Third-party advertisers also may have a presence on our Sites. These and other third parties may collect or receive certain information about your use of our Sites, including through the use of cookies and other Internet technologies, and this information may be collected over time and combined with information collected across different websites and online services.
Some of these companies participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative, Digital Advertising Alliance, and European Interactive Digital Advertising Alliance.
This Site is not directed toward children (as defined by local law) nor does Hathor Entertainment LLC or Nia knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws. If we become aware that we have collected personal data from a child without legally-valid parental consent we will take reasonable steps to delete it as soon as possible.
If you are a resident of the State of California, under 18 years of age, and a registered user on the Site, and you have posted content or information on the Site, you may request and obtain removal of the content or information posted by you, by emailing store@hathorent.com. Please note that our removal of such content or information does not ensure complete or comprehensive removal of this content or information from the Site.
You may be entitled, under applicable law, to object to or request the restriction of processing of your data, and to request access to, rectification, erasure, and portability of your data by contacting us as described in the “Contact” section. We may require you to prove your identity with approved identification if you request this information.
You may also be entitled, under applicable law, to complain to a supervisory authority if you consider that our processing of your data infringes applicable law.
You are responsible for keeping your information current and up-to-date. You may update your information by contacting us as described in the “Contact” section.
We will retain your information for as long as your account is active or as needed to provide you with services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to subscribe to Nia’s mailing list, only Hathor Entertainment LLC will be authorized to use your name and email address to send you news, special offers, promotions, and messages tailored to your interests. Out of respect for your privacy, you may choose to stop receiving such newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact Hathor Entertainment LLC as described in the “Contact” section.
California residents may opt-out of having their personally identifiable information shared with third parties for those third parties direct marketing purposes by contacting us as described in the “Contact” section.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites and other online services with which a user communicates. No industry standard governs what, if anything, websites should do when they receive these signals. Hathor Entertainment LLC currently does not take action in response to these signals.
The Site, newsletters, and other communications may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their privacy policies and that we do not accept any responsibility or liability for these policies.
Any material changes we may make to this privacy policy in the future will be posted on this page before the change becomes effective and/or we will notify you through the Site or, where appropriate, by email. Please check back frequently to see any updates or changes to our privacy policy.
This section of this Privacy Policy applies only if you use the Site from a country that is a Member State of the European Economic Area, and supplements the information in this Privacy Policy.
Legal Basis for Data Processing: Hathor Entertainment LLC processes personal data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Site); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Site); and based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings in emails or on our Sites, or emailing us as set out in the Contact section) without affecting the lawfulness of processing based on consent before its withdrawal.
We may use automated decision-making technologies, including profiling, to support our data processing activities. Our automated decision-making capabilities include logic that attempts to identify artists, music, communications, products, or offers that we believe may interest you. By using this logic, it helps us personalize your interactions with Hathor Entertainment LLC. For you, this means that you may see online advertisements, direct marketing communications (if you have subscribed), or other advertising or marketing messages or special offers based on your activity on our Sites or interactions with Hathor Entertainment LLC Companies or our third-party partners.
In some instances, you may be required to provide us with personal data for processing as described above, for us to be able to provide you with all the features of the Site.
International transfers: Our sharing your data per this Privacy Policy, may involve transferring your data outside the European Economic Area (EEA). Whenever we transfer your data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring, where required by law, at least one of the following safeguards is implemented:
You may be entitled, under applicable law, to request a copy of relevant safeguards by contacting Hathor Entertainment LLC as described in the “Contact” section.
The Site uses cookies and other similar technologies (as described below) to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse the Site, allows us to improve the Site, and provides you with tailored content and advertising.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
You can find more information about the types of cookies we use and the purposes for which we use them in the table below:
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
We may use cookies:
Some of our Sites may use Google AdSense to publish advertisements, including information about your demographics and interests. When you view or click on an advertisement a cookie will be set to help better provide advertisements that may be of interest to you on this and other websites. You may opt out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html.
Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our Site, including certain personalized features if you delete or disable cookies.
For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.eu which has further information about behavioral advertising and online privacy.
We, or our third-party partners, may employ a software technology called web beacons (also known as web bugs, clear gifs, or pixels) which helps us understand what content is effective, for example by counting the number of users who have visited these pages, and to understand usage patterns. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to let us know when content is viewed. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded on web pages, ads, and e-mail. We, or our third-party partners, may tie the information gathered by web beacons to the other information we collect about you.
In addition to disabling cookies and other tracking technologies as described above, you may opt-out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and other service providers by visiting websites operated by the Network Advertising Initiative, Digital Advertising Alliance, or European Interactive Digital Advertising Alliance.