1. ACCEPTANCE OF TERMS
We will refer to the NewYearsConnect.com web site as the "Service". We (that is
NewYearsConnect.com will provide the Service to you, subject to the following
terms and conditions – referred to as the "Service Agreement", which may be
updated or modified by us from time to time without notice to you, therefore you
need to regularly check this agreement to stay up to date. You can review the
most current version of the Service Agreement at any time at
http://www.newyearsconnect.com/legal-policy.html Your use of the Service will
confirm your agreement to these terms and conditions as well as your acceptance
of the changes we make to the Service Agreement. In addition, when using
particular NewYearsConnect.com services subject to this Service Agreement, you
and NewYearsConnect.com shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All such
guidelines or rules are incorporated by reference into the Service Agreement.
Consequently, PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR
USING NEWYEARSCONNECT.COM. BY ACCESSING OR USING NEWYEARSCONNECT.COM, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE NEWYEARSCONNECT.COM.
REMEMBER THAT NEWYEARSCONNECT.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF NEWYEARSCONNECT.COM SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
NewYearsConnect.com is an online ticket broker and seller. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service
shall be subject to the Service Agreement. You understand and agree that the
Service is provided "AS IS" and that we do not assume responsibility for the
timeliness, deletion, mis-delivery or failure to store any user provided
content, communications, or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register and obtain a password. In return
for our enabling you to use the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself when necessary or as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
4.NEWYEARSCONNECT.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full privacy policy at
http://www.newyearsconnect.com/privacy-policy.html In addition, by using the
Service, you acknowledge and agree that NewYearsConnect.com may preserve Content
and may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the SA; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of NewYearsConnect.com, its users and the public.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you to register as described above,
you will also receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify NewYearsConnect.com of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. NewYearsConnect.com cannot and will not
be liable for any loss or damage arising from your failure to comply with this
Section.
6. USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data, text, messages, postings, or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not NewYearsConnect.com, are entirely responsible for
all Content that you upload, post, or otherwise transmit via the Service. If you
have included information available through the Service then you are responsible
for making modifications or updating information to the extent there are errors
or updates are required. NewYearsConnect.com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will NewYearsConnect.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content (for
example, if an event posted on NewYearsConnect.com is listed on the wrong date,
place, or time), or for any loss or damage of any kind incurred as a result of
the use of any Content posted, or otherwise transmitted via the Service.
You agree that you will not use the Service or the information obtained through
the Service (including without limitation, directory or event listings):
1. for solicitations, commercial or otherwise;
2. for incorporation into a commercial product or service;
3. to download product listings or other information by using any type of
automated means;
4. for the purposes of soliciting, offending or harassing any person or persons;
5. to alter the directory listings, event listings, or other information, or
enter additional listings or Content which in any way: (i) are unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable, (ii) violates any patent, trademark, service mark,
trade secret, copyright or other proprietary rights ("Rights") of another, or
(iii) are known to be false or misleading at the time of entry.
6. harm minors in any way;
7. impersonate any person or entity, including, but not limited to, a
NewYearsConnect.com official, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
8. provide any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
9. transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
10. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; or
11. intentionally or unintentionally violate any applicable local, state,
national or international law.
(b) You acknowledge that NewYearsConnect.com does not pre-screen Content, but
that NewYearsConnect.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse, move or remove any Content that
is available via the Service. Without limiting the foregoing, we shall have the
right to remove any Content that violates the Service Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by us or submitted to us.
(c) You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. PUBLIC CONTENT POSTED TO NEWYEARSCONNECT.COM
(a) For purposes of the Service Agreement, "publicly accessible areas of the
Service" are those accessible by the general public. By way of example, a
publicly accessible area of the Service would include the NewYearsConnect.com
Message Boards. Please note that this Content may be seen by anyone using the
Service.
(b) With respect to all other Content you elect to post to publicly accessible
areas of the Service, you grant NewYearsConnect.com the world-wide royalty-free,
perpetual, irrevocable, non-exclusive and fully sub licensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part) and/or to
incorporate it in other works, in any form, media, or technology now known or
later developed.
(c) You represent and warrant that you have all right, title and interest in, or
otherwise have the right to publicly display all Content that you post to or
transmit through the Service and that the Content you post to or transmit
through the Service does not infringe, or dilute any third party right.
8. NEWYEARSCONNECT.COM’S RIGHTS AND REPRESENTATIONS
(a) NewYearsConnect.com reserves the right to deny access to you or any group of
users to the Service, at its sole discretion, at any time. NewYearsConnect.com
also reserves the right to remove any listings or other information or Content
from the Service at any time and at its sole discretion.
(b) NewYearsConnect.com cannot and does not guarantee or warrant that files
available for downloading through the Service will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Service
for the reconstruction of any lost data.
(c) NEWYEARSCONNECT.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY
MERCHANTS LISTED ON THE SERVICE, AND NEWYEARSCONNECT.COM SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. NEWYEARSCONNECT.COM DOES NOT WARRANT THAT THE SERVICE WILL BE
SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO
EVENT WILL NEWYEARSCONNECT.COM (OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR
DOWNLOADED FROM THE SERVICE, EVEN IF NEWYEARSCONNECT.COM OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NEWYEARS.COM'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. INDEMNITY
You agree to indemnify and hold NewYearsConnect.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection to the Service,
your violation of the SA, or your violation of any rights of another.
10. MODIFICATIONS TO SERVICE
NewYearsConnect.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that NewYearsConnect.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
11. TERMINATION
You agree that NewYearsConnect.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if NewYearsConnect.com believes that you have
violated or acted inconsistently with the letter or spirit of the Service
Agreement. NewYearsConnect.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision
of this Service Agreement may be effected without prior notice, and acknowledge
and agree that NewYearsConnect.com may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
NewYearsConnect.com shall not be liable to you or any third party for any
termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that NewYearsConnect.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because NewYearsConnect.com has no control over such
sites and resources, you acknowledge and agree that NewYearsConnect.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that NewYearsConnect.com shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
14. ADS
Use of this site is contingent on acceptance of viewing of any and all
advertisements (ADS) sent on or by pages of this site. ADS include, but are not
limited to: banners, buttons and pop-up windows. Users found to be using
screening or filtering systems to remove or hide ads from NewYearsConnect.com
may have their accounts terminated without prior notice or warning.
15. NEWYEARSCONNECT.COM'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
NewYears.com or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
The compilation of the contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is NewYearsConnect.com and in
some cases a third party. NewYears.com grants you a personal, non-transferable,
non-sublicense able, and non-exclusive right and license to print and download
portions of directory or event listings from or other information found on the
Service solely for your own non-commercial use. Any other copying,
redistribution, retransmission, display or publication of any downloaded
information is strictly prohibited without the express written consent of
NewYearsConnect.com.
You agree to grant to NewYearsConnect.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, and publicly display any
Content, including directory listings and other materials or information such as
ideas contained therein for new or improved products and services you submit to
NewYearsConnect.com (such as through posting to public areas or mailing to
NewYearsConnect.com) by all means and in any media now known or hereafter
developed. You also agree to grant to NewYearsConnect.com the right to use your
name in connection with the submitted Content as well as in connection with all
advertising, marketing and promotional material related thereto. You grant
NewYearsConnect.com non-exclusive, royalty-free, worldwide permission to
implement or use in any manner and in any media any ideas or information
contained in your communications. You further agree to release
NewYearsConnect.com from any claims of alleged or actual infringement, or
misappropriation of any proprietary rights that may result from such
implementation or use.
16. DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to the Service must be
commenced within one year after the claim or cause of action arises or such
claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS,
WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE
("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN
BROWARD COUNTY, FLORIDA BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS
AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined
by the arbitrator. Each party shall bear its own expenses, except that the
prevailing party may recover the filing costs and the expenses of the arbitrator
from the other party. Any award of the arbitrator shall be in writing and shall
state the reasons for the award. Judgment upon an award may be entered in any
Court having competent jurisdiction. The arbitrator shall not have the power to
order pre-hearing discovery of documents or the taking of depositions, but may
compel attendance of witnesses and the production of documents at the hearing.
The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the
interpretation and enforcement of this paragraph. The parties, their
representatives and participants and the arbitrator shall hold the existence,
content and result of the arbitration in confidence, except to the limited
extent necessary to enforce a final settlement agreement or to obtain or enforce
a judgment on an arbitration decision and award. The foregoing notwithstanding,
this agreement shall not prevent the parties from seeking and obtaining
temporary equitable remedies, including temporary restraining orders, from a
court with jurisdiction over the parties and the subject matter. A request to a
court for interim equitable relief shall not be deemed a waiver of the
obligation to arbitrate.
17. TRADEMARK NOTICES
NewYearsConnect.com and ClubNewYears.com are trademarks and/or service marks of
ClubNewYears, Inc. Other NewYearsConnect.com products, services and company
names mentioned herein and or applicable Company Web sites may be the trademarks
and/or service works of ClubNewYears, Inc. Other product, service and company
names mentioned herein may be the trademarks or service marks of their
respective owners.
18. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws
of the State of Broward County Florida applicable to agreements made and to be
performed in Broward County. This site is controlled and operated by
NewYearsConnect.com from its offices within the United States of America.
NewYears.com makes no representation that materials in the site are appropriate
or available for use in other locations. Those who choose to access this site
from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
NewYearsConnect.com's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
NewYearsConnect.com may assign its rights and duties under this Agreement to any
party at any time without notice to you. The section titles in the Service
Agreement are for convenience only and have no legal or contractual effect.