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NeverMissEvents Terms of Use | An Entertainment and Events Company for Events in New York, NY


Terms of Use

By entering your email you agree to receive personalized event listings each day. You may unsubscribe at any time and you may modify your preferences at any time. By using the NeverMissEvents website, mobile site, mobile apps, web services, tools or other services you are agreeing to the Terms of Use as defined herein.


Acceptance of Terms of Use


NeverMissEvents, Inc. (“NeverMissEvents”,”NeverMissEvents.com”, “NME”,”we”,”us”,”our”) owns and operates the website nevermissevents.com, the mobile site, the mobile site and the web services platform and any sites we have now or in the future that reference these Terms of Use (collectively, “Site”).

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY NEVERMISSEVENTS SITES AND SERVICES.

About NME


NME is an online service for individuals, businesses, museums, cultural organization and media companies to post and share events with members, friends and social contacts.

NeverMissEvents aggregrates events from the web and other sources, and makes those events availble for users to search, share and save.

You do not need to register to use most services offered but some features of the platform, such as saving preferred lists is only available to registered users.

All users of NME are able to search for events, share and communicate with other users through one of more social networks such as Facebook, Google, Instagram to name a few.

Rights to the Site

The NeverMissEvents sites software except where noted as purchased or publicly available is proprietary to NME and its partners, affiliates, sponsors, and franchise operators. By using the Site(s) and accepting these Terms of Use, NeverMissEvents grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site(s) pursuant to these Terms of Use and to any additional terms and policies set forth by NeverMissEvents. By agreeing to these Terms of Use, you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site(s) without the expressed written permission of NeverMissEvents.


Use of the Site

As a condition of your use of the Site, you agree that: 1) You have used you own personal information to register on the Site. 2) You have not used anyone elses information to register on the Site. 3) You will not post or claim events of which you have no legal authority.


Access to the Site

NeverMissEvents retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at anytime and for any reason.


Laws and Regulations

User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

Copyright and Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of NeverMissEvents and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of NeverMissEvents or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Hyperlinks

THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). NeverMissEvents HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT NeverMissEvents HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND NeverMissEvents URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE. NO WARRANTIES

No Warranties

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NeverMissEvents DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN NeverMissEvents, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL NeverMissEvents BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability for use of the site and linked sites

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NeverMissEvents SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. NeverMissEvents DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. NeverMissEvents IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. NeverMissEvents MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. NeverMissEvents MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. YOU AGREE THAT NeverMissEvents, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF NeverMissEvents IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. NeverMissEvents CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

Limitation of Liability for services arranged through the site

YOU AGREE THAT NeverMissEvents IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. NeverMissEvents HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE NeverMissEvents FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Confidentiality of user communications

Except as required by law and in accordance with the NeverMissEvents Internet Privacy Statement, [view NeverMissEvents Internet Privacy Statement ]. NeverMissEvents will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to NeverMissEvents. Postings by a user on any message board or in any chat room will not be protected as confidential and NeverMissEvents may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by NeverMissEvents. User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. NeverMissEvents is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Your contact with advertisers

Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. NeverMissEvents makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that NeverMissEvents will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on the Site.

Linked Internet Sites

NeverMissEvents prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. NeverMissEvents reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. NeverMissEvents is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Postings

[For use in connection with message boards or chat rooms on the Site.] NeverMissEvents is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, NeverMissEvents may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain: ◦Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. ◦Advertisements or solicitations of any kind. [Note - This is not applicable for those Sites with message boards containing classified advertisements.] ◦Messages posted by users impersonating others. ◦Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. ◦Messages by non-spokesperson employees of NeverMissEvents purporting to speak on behalf of NeverMissEvents or containing confidential information or expressing opinions concerning NeverMissEvents. ◦Messages that offer unauthorized downloads of any copyrighted or private information. ◦Multiple messages placed within individual folders by the same user restating the same point. ◦Chain letters of any kind.

Transmission of Personal Data

[For use in connection with Sites through which proprietary Cardmember/Customer account data may be transmitted.] User acknowledges and agrees that by providing NeverMissEvents with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with NeverMissEvents' standard business practices. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. NeverMissEvents is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. View NeverMissEvents Internet Privacy Statement.>

Changes to Rules and Regulations

NeverMissEvents reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations. NeverMissEvents will indicate that changes to these Rules and Regulations have been made by updating the date indicated after "Last Modified" at the end of these Rules and Regulations.

Violation of Rules and Regulations

NeverMissEvents reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.

Access to Password Protected Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Use of Cookies"

NeverMissEvents reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. The NeverMissEvents Internet Privacy Statement provides additional information regarding NeverMissEvents' use of cookies as well as procedures for disabling cookies. View NeverMissEvents Internet Privacy Statement, "about Cookies".

Digital Millennium Copyright Act

NeverMissEvents reserves the right to remove any Content on the Site which allegedly infringes another person's copyright. Notices to NeverMissEvents regarding any alleged copyright infringement on the Site should be directed to NeverMissEvents' General Counsel's Office Attn.: Technology Counsel at nmeadmin@nevermissevents.com.

Jurisdiction

[For United States based sites only] Users of this Site agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles.

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