New Year's Nation Terms of Service

CAREFULLY READ THESE TERMS OF SERVICE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

These terms and conditions (the "Site Terms") of the Terms of Service apply exclusively to your access to, and use of, the New Year's Nation Internet website (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with New Year's Nation, LLC ("New Year's Nation") for products, services or otherwise.

New Year's Nation reserves the right to amend at any time any policies governing this Site, including these Site Terms and New Year's Nation's Privacy Policy, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after they are initially posted on this Site. If you do not accept the amended terms, you must cease using this Site.

Please refer to our Privacy Policy for information on how New Year's Nation collects, uses and protects information from our customers.

Limited License

New Year's Nation grants you a limited license to make personal use only of the Site. Such license is subject to the Site Terms and does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or any information contained on the Site, except as expressly permitted on the Site; or (f) any use of the Site other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, or proprietary right of New Year's Nation or any third party.

Unless otherwise indicated, all Site materials and content, including, without limitation, the New Year's Nation logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of New Year's Nation or its licensors. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Site -- including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance -- without the prior written permission of New Year's Nation is strictly prohibited.

Repeat Infringer Policy

New Year's Nation respects the intellectual property of others, and we ask our users to do the same. New Year's Nation may, in appropriate circumstances and at its own discretion, limit access to this Site and/or terminate the access of any users who infringe the intellectual property rights of others.

Intellectual Property

New Year's Nation, the New Year's Nation logo, and any product or service name or slogan contained in this Site, are the exclusive intellectual property of New Year's Nation, LLC, a New York limited liability company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of New Year's Nation. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of New Year's Nation, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of New Year's Nation. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to this Site for noncommercial purposes provided such link does not portray New Year's Nation or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any New Year's Nation trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without New Year's Nation's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of New Year's Nation or any third party. New Year's Nation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. The linked websites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. New Year's Nation is providing these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of the site or any information contained therein.

Third Party Content & Services

New Year's Nation may provide links to websites and content of third parties ("Third Party Content") as a service to those interested in this information. New Year's Nation does not monitor nor has any control over any Third Party Content or third party websites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Furthermore, we do not represent or warrant the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Content. If you use these links and Third Party Content, you do so at your own risk.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site, 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 New Year's Nation 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 Site.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, potential event locations and entertainment, plans, notes, drawings, photographs, original or creative materials or other information, provided by you in the form of e-mail or other submissions to New Year's Nation, or postings on this Site, are non-confidential and shall become the sole property of New Year's Nation, LLC, a New York limited liability company. New Year's Nation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to New Year's Nation, including the posting of materials to any forum or interactive area, irrevocably waives any and all legal and "moral" rights in such materials.

Indemnification

You agree to defend, indemnify and hold harmless New Year's Nation, its officers, directors, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the New Year's Nation Site, including without limitation any actual or threatened suit, demand, or claim made against New Year's Nation and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these Site Terms, or your violation of the rights of any third party.

Disclaimer

THIS SITE AND THE MATERIALS IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEW YEAR'S NATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEW YEAR'S NATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE OF ERRORS. NEW YEAR'S NATION DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We reserve the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by New Year's Nation.

Limitation of Liability

IN NO EVENT SHALL NEW YEAR'S NATION, IT OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NEW YEAR'S NATION OR ITS AFFILIATES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NEW YEAR'S NATION'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEW YEAR'S NATION (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF NEW YEAR'S NATION'S SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NEW YEAR'S NATION FOR ACCESS TO OR USE OF THIS SITE.

Applicable Law

These Site Terms shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in New York County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

Notwithstanding any of these Site Terms, New Year's Nation reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

New Year's Nation, LLC controls and operates the Site from its offices within the United States of America. New Year's Nation makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the 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. New Year's Nation's failure to insist upon or enforce strict performance of any provision of the Terms of Service 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 the Terms of Service. New Year's Nation may assign its rights and duties under this Terms of Service to any party at any time without notice to you. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.

Questions & Contact Information

Questions or comments about New Year's Nation's Site may be directed to New Year's Nation, LLC at admin@newyearsnation.com.