1 IMPORTANT INTRODUCTION
ARBITRATION NOTICE: Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “dispute resolution” section below, and except for certain types of disputes described in the “arbitration “section below, you agree that disputes between you and Nassau Events will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
These Terms constitute an agreement between us and contain the entire terms of your use of the Website and all matters which are referred to herein. These Terms supersede any prior written or oral agreement between us relating to such matters. We may change these Terms from time to time in our sole discretion and you agree to be bound by such changes. You should periodically review this site for such changes. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.
You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included in these Terms. You may only use the Website for your personal and non-commercial use.
The Website is controlled and offered by Nassau Events from its facilities in the United States of America. Nassau Events makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website for other jurisdictions do so at their own volition and are responsible for compliance with local law.
2 GRANT OF LICENSE
These Terms provide you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Website conditioned on your continued compliance with these Terms. Users may print and download materials and information on this Website solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Website. Nassau Events may permit you to use certain applications for limited purposes such as using the embeddable media player to show videos on your blog or web site for noncommercial purposes. You may not modify, build upon, or block any portion of the embeddable media player in any way. As a further condition of use of this Website, all Users warrant to Nassau Events that they will not use this Website for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms.
3 USER ACCOUNTS
In order to use some parts of the Website, you may need to create an account. You must never use another Website user’s account. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account regardless of whether you know about such activity, so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorized use of your account.
When joining Nassau Events via a User account you will be asked to create an account which you can do via a number of social network accounts or with an email address and secure password. When logging in or creating an account via a social network the Nassau Events appointed supplier Auth. will ask the nominated application for permission to access selected data, which enables the service to work – for example your ”friends” list. This data is stored by Nassau Events with your profile. You can choose what personal information is displayed on nassauevents.com. When you login to the Website using social networks the application will check for any changes stored by Nassau Events and update your Nassau Events profile accordingly. Additionally if you amend details about yourself within your account profile this data will be retained as the master copy of your data. If you choose to deactivate your Nassau Events account all your data is deleted from Nassau Events within the set time period outlined at deactivation. Please note however, that our servers may maintain your information on backup copies and that such information may not be immediately deleted.
4 USER SUBMISSIONS
We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively “User Submissions”).
User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.
A review is your description of the experience you had with friends, family or on your own at a restaurant, event, bar, venue, attraction or exhibition. We encourage reviews that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t.
By submitting a User Submission review to the Website you agree that the review is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are reviewing and have not been offered any incentive or payment to write your review.
You acknowledge and agree that Nassau Events has a zero-tolerance policy on fake reviews.
By submitting User Submissions to the Website you hereby grant:
- to Nassau Events a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees; and
- to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, license to access the User Submissions through the Website.
By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licenses relating to the User Submissions set out in these Terms and the User Submissions you submit:
- do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; and
- do not violate any law, statute, ordinance or regulation; and
- are not defamatory, libelous, unlawfully threatening or unlawfully harassing; and
- are not obscene or pornographic; and
- do not violate any laws regarding unfair competition, anti-discrimination or false advertising; and
- do not include e-mail addresses, urls or phone numbers or any other personally identifiable information; and
- (are not a report of someone else’s experience.
Millions of Nassau Events users like you rely on both our reviews and other users reviews when looking for inspiration and how to get the best out of the city. Helpful reviews should be:
- a) User-friendly – No profanity, threats, prejudiced comments, hate speech, sexually explicit language, or other content that is not appropriate for other users
- b) Those that detail first-hand experiences.
- c) Unique and Independent – You should write one review on any given event, restaurant, or attraction.
- d) Original – No substantially quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc.
- e) Non-commercial – No promotional material of any kind, including self-promotional URLs. We reserve the right to reject any URL, e-mail address, or phone number for any reason.
- f) Submitted by persons over the age of 13
- g) Submitted with a valid e-mail address
- h) Submitted with no HTML tags and no excessive ALL CAPS, slang, or typographic symbols.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights.
Nassau Events allows the management or representatives of events, venues, restaurants or attractions to respond to reviews written by users on the Website and these should be identified by your user account. Nassau Events reserves the right to remove a review or management response at any time for any reason.
If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.
You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
We encourage you to share your opinion about a feature we’ve written or a review that has been written by us or by one of our users. We like comments that are your view of another’s opinion and are constructive – whether or not you agree with that opinion.
5 NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from Nassau Events regarding use of the Website at the addresses you provide to Nassau Events. Nassau Events is entitled to rely on the e-mail address and mailing address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail address or mailing address not communicated to Nassau Events. You agree to be bound by any affirmance, assent or agreement you transmit through the Website. You agree that, when in the future you visit the Website, your agreement or consent to these Terms will be legally binding and enforceable and the legal equivalent of your handwritten signature.
6 INTELLECTUAL PROPERTY RIGHTS
All material contained on this Website, unless otherwise indicated, is protected by law to the fullest extent possible including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided for in this Agreement, nothing contained on this Website shall be construed as granting a license or other rights to you in any intellectual property of Nassau Events or any third party. The software and other technology components of this Website, and the contents, selection, coordination, arrangement, and enhancement of the Website are Copyright © Nassau Events or its affiliates and/or licensors. All rights reserved. NASSAU EVENTS™ and all other trademarks, names, logos, and icons identifying Nassau Events or Nassau Events’ goods or services are proprietary marks of Nassau Events or its affiliates. Copyright, trademark, and other proprietary rights in the Website, or portions thereof, may be held by third parties. Such third-party intellectual property rights may not be used without the prior written permission of their respective owners. Removing or altering the copyright notice and any other proprietary notice on any material on this Website is strictly prohibited.
8 COMPLIANCE WITH APPLICABLE LAWS
User’s access to this Website is governed by all applicable federal, state and local laws.
9 CODE OF CONDUCT
You may not, nor may you allow others to, directly or indirectly, do any of the following:
- Attempt to or actually disrupt, impair or interfere with the operation of, alter or modify the Website or any content. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Website, or attempting to do so.
- Collect or attempt to collect any information about others, including, but not limited to passwords, account or other information.
- Restrict or inhibit any other authorized user from using and enjoying the Website. This includes, without limitation (i) using, or attempting to use, any account without the user’s permission, or (ii) obtaining or soliciting another user’s password or other personal information under false pretences.
- Post, store, or transmit any knowingly inaccurate or misleading personal information.
- Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Nassau Events) information or material.
- Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Except as expressly permitted herein or on the Website, modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Website.
- Post, store, or transmit materials in violation of a third party’s copyright or other intellectual property contractual or proprietary rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party’s rights.
- Use the Website for any unlawful purpose.
10 ASSUMPTION OF RISK
Use of the Internet and this Website is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Nassau Events has endeavored to create a secure and reliable Website, please be advised that the confidentiality of any communication or material transmitted to/from this Website over the Internet cannot be guaranteed. Accordingly, Nassau Events and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Website and must make his or her own determination as to these matters.
11 LAW ENFORCEMENT
Nassau Events reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. Nassau Events will also comply with all court orders involving requests for such information.
12 LINKS TO OTHER WEBSITES
Nassau Events may offer links to third-party web sites that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Nassau Events cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. Nassau Events does not endorse any of the products or services offered in any third-party web sites. Further, Nassau Events has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any transaction with any third-party web site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
13 EVENTS BEYOND NASSAU EVENTS’ CONTROL
Users expressly absolve and release Nassau Events from any claim of harm resulting from a cause beyond Nassau Events’ control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
WHILE NASSAU EVENTS ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, NASSAU EVENTS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE. NASSAU EVENTS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
15 LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, NASSAU EVENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAY OR INABILITY TO USE THIS WEBSITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NASSAU EVENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NASSAU EVENTS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS WEBSITE SHALL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless Nassau Events and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of and access to the Website; (ii) any breach by you of these Terms; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your content and User Submissions caused damage to a thirty-party. This defense and indemnification obligation will survive these Terms and your use of the Website. You shall not in any event settle any matter without the prior written consent of Nassau Events to be withheld at Nassau Events’ sole discretion.
17 WEBSITE ACCESS AND TERMINATION
This Website is controlled and operated by Nassau Events from its offices within the United States. Nassau Events makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited. Those who choose to access this Website from other locations do so of their own volition and are responsible for compliance with applicable local laws. Nassau Events reserves the right at any time and for any reason to deny you access to the Website and to terminate this Agreement.
Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Content”) received through this Website will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for Nassau Events to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or otherwise act on such Content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, and User hereby waives any claim to the contrary.
19 DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Nassau Events reserves the right to remove any material on the Website which allegedly infringes a third party’s copyright. It is Nassau Events’ policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on our Website and associated services. As per the DMCA, you can send a DMCA take down notice to the Nassau Events Copyright Agent (designated as such pursuant to the DMCA) named below which must provide at minimum the following information:
- A physical or electronic signature and your full legal name;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Nassau Events to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website(s) where such material may be found;
- Your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
COPYRIGHT AGENT FOR COPYRIGHT NOTICES ONLY SHOULD BE DIRECTED BY EMAIL:
Nassau Events Legal Department Email: firstname.lastname@example.org
Non-copyright matters will not be addressed by the copyright agent.
20 GOVERNING LAW
These Terms will be construed and enforced in accordance with the laws of the State of New York without respect to its conflict of laws principles.
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Nassau Events of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
No joint venture, partnership, employment, or agency relationship exists between a User and Nassau Events as a result of this Agreement or User’s use of this Website.
24 ENTIRE AGREEMENT