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Post Date: 11/10/2007
Your purchase of NYEphilly.com tickets through this online service
as well as your use of this website and all of its features is subject
to and hereby incorporates the legally binding terms and
conditions set out below.
If you have any questions about this Agreement, please feel free to
Contact Us.
YOUR TICKET PURCHASE & TERMS OF SERVICE
Your Access and your acceptance of the present Terms of Service:
Welcome to NYEphilly.com - New Years Eve in Philadelphia. NYEphilly.com
is an organization that specializes in planning and advertising of New Years Eve events.
We plan the most sought-after events in the Philadelphia area for New Years Eve and boast
Philly's Glitter City Gala & 12-Midnight parties with over 3,000 attending these
5-times sold out events. Thousands have been to our events. We sell tickets on
this website for NYEPHILLY.COM EVENTS ONLY. This year there are four events only. You will never purchase tickets on
this site for an event not planned, setup, and and run by NYEphilly.com. NYEphilly.com
may sell its tickets on other websites, but it will always be stated that it is
an NYEphilly.com event - just as it is shown in bold.
This year, the NYEphilly.com events are:
- The 6th Annual Glitter City Gala
- 3rd Annual 12Midnight, A New Years Eve Celebration
NYEphilly.com provides this Service to you, subject to the present Terms of
Service ("TOS") and any other duly executed written agreements between NYEphilly.com
and you (or your company or any other person or entity entitled to contract on your behalf),
that are explicitly agreed as applicable to your access or use of this Site.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCEPTING THESE "TOS" BY REGISTERING FOR AN EVENT
VIA THE SERVICE’S EVENT REGISTRATION PROCESS, OR BY ACCESSING ANY PORTION OF THE SITE, OR
USING THE SERVICE OR THE SITE OR ANY PORTION THEREOF, OR ALLOWING OTHERS TO DO SO. You
warrant and represent to NYEphilly.com and other subscribers to this Site that you
are sufficiently authorized to (a) accept the TOS on your behalf or on the behalf of
yourself, your company or any other person or entity on whose behalf you are accessing
the Site or are using the Service, and (b) to access the Site or use the Service in the
way in which you access the Site or use the Service.
If for any reason (a) you are not sufficiently authorized in accordance with the
foregoing or (b) you do not accept these TOS or any portion thereof, please contact
NYEphilly.com immediately and leave this website; you may not be authorized to use
the Service or any other portion of the Site.
You further acknowledge and agree that, in order to maintain flexibility in the
Service, NYEphilly.com may from time to time change the TOS. However, these changes
are not retroactive. They apply, as of the day of their availability or other communication
to you, including display of notices or links to notices on this Site, to new orders of or
use of the Service and to ongoing transactions. Otherwise, for a change to be valid, you
and NYEphilly.com must mutually agree and duly execute the appropriate documentation.
Additional or different terms in any order or communication from you are void.
You understand and agree that it is your responsibility to familiarize yourself with
any such changes facilitated by NYEphilly.com, which may be accomplished by your
identifying the then current version by the date of the last change to the TOS.
In addition, when Using particular NYEphilly.com services, you shall be subject
to any posted guidelines applicable to such services. All such guidelines are hereby
incorporated by reference into the TOS.
Definitions:
"Confidential Information" means the confidential and valuable information of a
party which the party desires to protect against disclosure or competitive use and
which is in written or electronic form, or is disclosed orally, and is identified or
marked "confidential" or "proprietary" or with a designation of similar meaning (or
if disclosed orally, identified as such at the time of disclosure or within 30 days
after such disclosure), or any information which a reasonable person would deem to be
non-public information. In addition, Confidential Information also includes all
information made available by NYEphilly.com through the Site relating to any
ancillary service provider used with or in the Site or required to provide you the
Service, and any technology or know-how, and other information including Content which
by its nature is clearly to be deemed confidential or proprietary information of
NYEphilly.com. User ID’s and associated passwords and email addresses are also
Confidential Information.
"Content" shall mean all information, schedules, marks, data, text, software, music,
sound, photographs, graphics, video, messages or other materials whether publicly posted
or privately transmitted by individuals or entities while using the Service or collected
or generated by NYEphilly.com from such use in accordance with NYEphilly.com’s
Policy on Privacy as attached to this Agreement as Appendix 1.
"Intellectual Property Rights" means U.S. patent rights, trademark rights, copyright
rights (including, but not limited to, rights in audiovisual works and moral rights),
trade secret rights and any and all other intellectual property rights recognized by
the law of the applicable jurisdiction, including all current and future rights and all
such rights arising out of NYEphilly.com's providing the Site or Services hereunder.
It also includes all like or similar rights that may exist in any country other than the
United States of America where the Site or Services are used pursuant to this Agreement.
"Service" shall mean the services or any portion thereof available on the Site. Unless
explicitly stated otherwise, any new features that augment, enhance or modify the current
Service, including the release of new properties of NYEphilly.com or its suppliers,
shall be subject to the TOS.
"Site" shall mean the collection of files available to you through the http protocol
of the internet at the Uniform Resource Locator (URL) http://www.NYEphilly.com. For
the purposes of these TOS, this definition of Site includes Content.
"Use" or "Using" means access to the Site and/or utilization of the Service.
"You" or "your" or like words may refer to the individual or the legal entity
reviewing, entering into and agreeing to the terms of this document.
Purchased Tickets
You hereby agree to purchase and NYEphilly.com agrees to sell the
ticket(s) detailed in your Order Information. There is a $4.00-$5.00 ticket
handling & convenience fee per ticket ordered.
Order Confirmation
Once your order is confirmed and your payment completed, you will receive
a confirmation page and email indicating purchase confirmation. You must
print & keep your confirmation website page & email for proof or purchase.
If, for any reason whatsoever, you do not receive a confirmation number or
if you receive an error message or encounter a service interruption, it is
your entire responsibility to contact us
to confirm whether your order has been properly processed. You are solely
responsible for any problem that may occur during the purchase of tickets
process. In such case, NYEphilly.com shall not be responsible for any
loss (monetary or otherwise) that may result from any problem occurring
during the purchase of tickets through this website, including without
limitation, the failure of a transaction to be completed or confirmed. If your
transaction was completed, but you receive an error message and you purchase
tickets again creating a duplicate order, there will be a fee imposed to
refund your order. If you have a question about your order, email us before
proceeding in placing your order again.
Orders will be processed only after a billing address and other billing
information have been verified. Occasionally, we receive incorrect billing
or credit card account information for a ticket order. This can delay the
processing of the order and the delivery of the tickets. In such case, NYEphilly.com
Customer Service Department MAY attempt to contact you, using
the information provided at the time of purchase. If NYEphilly.com is
unable to reach you after an initial attempt, it shall reserve the right to
cancel your order and sell your tickets to another customer. Please contact
NYEphilly.com if you are unsure if your order went through or not.
Since we use both address and card verification to process orders, you MAY
see a decline in the ordering process as a seemingly additional charge to your
credit card statement for up to 5 business days - not to worry though!
It will simply go away in up to 5 business days. Trust us, these are NOT charges -
they are only authorizations. They happen because we use double-secure address AND
Card ID checking for transactions. It is VERY important that you do not 'Dispute'
the charge since it was not an actual charge and it will affect your ticket shipping.
Please contact us
if you would like more information on this topic.
Delivery
All tickets will be shipped via UPS or the US Postal Service
unless other means were directly set up between NYEphilly.com and you. All mailed tickets will
be mailed to your shipping address. All picked up tickets (if set up in advance
with NYEphilly.com) will require proof of purchase by means of drivers license or notarized
document stating another authorized person is allowed to pick up the tickets on your behalf.
Tickets will NOT be released to any other person otherwise.
Obligation to Pay
By accepting the terms of this Agreement, you agree to pay the full cost
of the tickets ordered, including any applicable taxes and delivery,
convenience and other fees.
Refunds and Exchanges
There is a $25 per ticket refund fee until 12/15 ONLY. There will be NO REFUNDS
after 12/15! If you would like us to refund your tickets, please contact us. Tickets
can be transferred to another person free of charge - you do not need to let us
know if you give your ticket to someone else.
You must review your ticket order before you submit and confirm your order.
Subject to the provisions below for cancelled and/or postponed events, there are
no exchanges or refunds once a ticket has been purchased after 12/15. NYEPhilly.com
is NOT responsible for lost or stolen tickets. If you purchase a ticket to one of
our events, it is your sole job and duty to keep these tickets secure once we
have received confirmation of their receipt.
Cancelled and/or Postponed Events
NYEphilly.com will post on its website homepage if an event is cancelled. If
it does not post an event cancellation message on its homepage on December 31st of the
current year by 12pm, events are NOT cancelled or postponed. In the event of inclement
weather, these parties will STILL GO ON. Unless the party is cancelled due a state of
emergency that closes the National Constitution Center and Crystal Tea Room, these parties
will NOT be cancelled. No refunds will be honored if you are not able to attend.
If/When an event is cancelled or postponed, NYEphilly.com may, at its sole
and exclusive discretion, either offer you an exchange or a refund. You have
the sole responsibility of verifying if the event for which you have purchased
tickets through this website is cancelled or postponed. If an event is
cancelled or postponed, you must Contact Us within seven (7) days of the
original date of the event for information, instructions, and procedures for
making an exchange or obtaining a refund. Please make sure to provide your
order confirmation number at the time of your inquiry to facilitate processing
of your refund or exchange, as applicable. NYEphilly.com may change its
refund and/or exchange policies at any time, at its sole and exclusive discretion.
Right to Cancel Tickets, Refuse or Confirm Access, and Eject from Party
NYEphilly.com reserves the right to cancel any tickets or order of
tickets through this website and to institute legal proceedings against you
if you breach any terms and conditions of this Agreement or this website.
A ticket is REQUIRED for entry. Entry will be refused without one.
NYEphilly.com reserves the right to request photo ID of the ticket holder to verify
age and identity.
In the event any person attending an event is judged unmanageable or exhibits
behavior which is considered inappropriate, or fails to comply with NYEphilly.com
rules or event staff, setforth in this agreement or otherwise, NYEphilly.com reserves
the right to, without any refund or compensation, to terminate such person's license
to attend the event. The tickets purchased on this website are revocable licenses
and admission to a ticket holder may be refused for any reason (or no reason) upon
refunding the ticket's face value. Tickets shall not be redeemable for cash or any
other value, including, but not limited to, credits other future events.
Recording, Transmission and Publication
All tape recorders and video recorders (including when incorporated
in cellular phones) and their use are strictly forbidden on the site of the event,
except where granted permission prior to the night of the event in writing from NYEphilly.com.
You hereby grant NYEphilly.com the right to use your image, likeness, actions
and statements in any transmission, publication or reproduction of the event in
any means or circumstances, without any permission or compensation.
No Resale of Service:
You agree not to reproduce, in whole or in part, in any form or by any means,
including electronic or mechanical, photocopying, recording, or by any information
storage and retrieval system now known or hereafter invented, without written
permission by NYEphilly.com or its licensors, any portion of the Site or Service,
the use of the Service, or access to the Service, or sell, resell or otherwise
commercially exploit any portion of the Site or Service, the use of the Service,
or access to the Service. You specifically agree that, unless agreed in writing
between you and NYEphilly.com, your access to and Use of the Site does not allow
you to Use the Site or Service in any way which would be competitive to the Site or
Service.
NYEphilly.com Privacy Policy:
Pursuant to NYEphilly.com's privacy policy, we may disclose to third parties
certain aggregate information contained in your Registration Data or related data
(including, but not limited to, basic credit card information (i.e. card type),
birth date, etc...), provided that, such information will NOT include personally
identifying information, except as specifically authorized by you or in the good
faith belief that such action is reasonably necessary to comply with the law, legal
process, or to enforce the TOS. For more information, please see our full privacy
policy attached to the TOS as Appendix 1 below.
Member Conduct:
Under no circumstances will NYEphilly.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Service. Without limiting the generality of
the foregoing, you further agree not to Use the Service or other portion of the Site
to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a NYEphilly.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
- upload, post, email or otherwise transmit 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);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
- upload, post, email or otherwise 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
- 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;
- intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
Special Admonitions for International Use:
Recognizing the global nature of the World Wide Web (also known as the Internet),
you agree to comply with all applicable local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the country in
which you reside and applicable laws regarding the transmission or exchange of personal
data in the country you reside and any country the transmission or exchange of personal
data related to.
Modifications to Services:
NYEphilly.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 NYEphilly.com shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the Service.
NYEphilly.com's Proprietary Rights:
You acknowledge and agree that the Site and the Service and the Content
contain proprietary and Confidential information of NYEphilly.com, its
licensors, partners and suppliers and other subscribers to NYEphilly.com
that is protected by intellectual property laws and other applicable laws. You
may not, and these Terms of Use do not give you permission to, reproduce,
reverse engineer, de-compile, disassemble, modify or create derivative works
with respect to the Site or the Service. You further acknowledge and agree
that any code and/or software embedded in the Site and Services or otherwise
required to provide you with the Service (the Software) is not provided to you
as part of the Service and that you may not do, or attempt to do, any or similar
or equivalent of the following:
- create interoperability between the Software and any external software system;
- de-compile or reverse engineer the Software;
- in any other way obtain access to or information which is part of the source code of the Software;
- modify any portion of the Software or create derivative works of the Software;
- download any portion of the Software;
- use the Software for any other purpose than using the Service and, when doing so,
using the Software in a form or manner different than the form and manner defined
explicitly by NYEphilly.com or implicitly by NYEphilly.com by designing the
Service and Site and your form and manner of using Service or Site; or
- license, sublicense, sell, resell or exploit commercially in any other form or
manner the Software. 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 NYEphilly.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
otherwise commercially exploit create derivative works based on the Service, in whole or in part
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYEphilly.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NYEphilly.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE
CODE, FUNCTIONALITY OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM NYEphilly.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYEphilly.com SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF NYEphilly.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO ACCESS THE SITE OR USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
Indemnification
You hereby agree to indemnify and hold harmless NYEphilly.com, its affiliates
and other related entities, their directors, officers, administrators, managers,
employees, representatives and all other persons acting on behalf of
NYEphilly.com from and against any and all claims, actions, damages or other
demands, including, but not limited to, reasonable costs and expenses of litigation
such as counsel fees, arising from or relating to your purchase of tickets and your
use of this website and any content contained herein.
Exclusions and Limitations:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW.
ACCORDINGLY, IN SUCH A CASE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY
NOT APPLY TO YOU.
Notice:
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices or links
to notices to you generally on the Service.
OWNERSHIP:
You may not, and these Terms of Use do not give you permission to, reproduce, reverse
engineer, decompile, disassemble, modify or create derivative works with respect to the
NYEphilly.com Web Site.
Compliance with Laws:
You agree to comply with all applicable laws, statutes, ordinances and regulations
regarding your use of the Site or Service , or your ordering of, bidding on or purchase
of products and services, if applicable, and posting and retrieval of information
(including without limitation those governing antitrust, unfair competition, false
advertising, tax and export control). You are responsible for paying all applicable
fees and taxes you incur in connection with access of our servers. You acknowledge
that we have an express policy of complying with the antitrust laws and that the operation
of the Site is not intended to facilitate collusion or other illegal agreements among
competitors. TO FURTHER THAT END, YOU REPRESENT AND WARRANT TO US THAT YOU DO NOT INTEND
TO USE THE SITE TO VIOLATE THE ANTITRUST LAWS AND WILL NOT KNOWINGLY ACT AS A CONDUIT OR
INTERMEDIARY FOR PRICE-FIXING OR ANY OTHER ANTI-COMPETITIVE AGREEMENT AMONG COMPETITORS.
General Information:
With the exception of the terms included during a specific action taken using
NYEphilly.com, the TOS constitute the entire agreement between you and NYEphilly.com
and govern your use of the Service, unless an expressed written agreement has been
executed between NYEphilly.com and you and/or your company in which case the executed
agreement between you and/or your company and NYEphilly.com would apply to the extent
there is a conflict between the TOS and said agreement. You also may be subject to
additional legalities that may apply when you use affiliate services, third-party content
or third-party services. This site is operated by NYEphilly.com from their offices in
Philadelphia, Pennsylvania, United States of America. All matters relating to the present
TOS, your access to , or use of, the Site or the Service shall be governed by U.S. Federal
Law or the laws of the State of Pennsylvania (excluding its provisions relating to
conflicts of laws and excluding the United Nations Convention on the International Sale of
Goods) . Any legal action or proceeding relating to the TOS, your access to, or use of,
the Site or the Service shall be settled by arbitration. The arbitration will take place
in Philadelphia, under the auspices of the American Arbitration Association ("AAA")
subject to any provision or limitation provided in this Agreement that shall supersede
the AAA rules. In the event the Parties cannot agree upon a single arbitrator within
sixty (60) days from either request for arbitration of any dispute or claim, the arbitrator
shall be selected pursuant to the AAA Rules. The arbitration shall be conducted in
Philadelphia, Philadelphia County, Pennsylvania at such location as the Parties may mutually
agree upon. If a location cannot be mutually agreed upon, the arbitrator shall make
arrangements for a hearing in Philadelphia. Nothing in this Agreement shall require the
Parties to use the services of the AAA unless the parties cannot agree on the selection
of an arbitrator. The arbitration fee shall be borne by the losing party. The failure of
NYEphilly.com to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or contractual effect.
You may not access, download, use or export the information, software, products or
services contained on this website in violation of U.S. export laws or regulations, or
in violations of any applicable local laws or regulations.
Use of the NYEphilly.com website for solicitation purposes is prohibited. Any
violation will be considered a trespass. If any unauthorized party attempts to send
unsolicited messages to NYEphilly.com email addresses, NYEphilly.com will take
appropriate action.
Pictures & Photos:
All pictures & photos taken by NYEphilly.com owners, staff, or hired/paid agents are
exclusively owned by NYEphilly.com, LLC and related properties. Photos
may not be copied or reused for purposes other than NYEphilly.com & its related properties
unless specific written permission is granted. An image/photograph may be used to promote
NYEphilly.com & related properties' initiatives. Photographs will not be sold or used
outside NYEphilly.com or its related properties. If you agree to let our photographers
take your photo, you are releasing any rights or licensing to the photographs and also agree
that your picture may in fact be placed on our website or on our print/advertising/marketing materials.
However, as a courtesy, if asked, NYEphilly.com & its related properties will consider removing
a specific photograph from the website, but this does not guarantee we will comply with your
request. To request a picture to be removed, please contact us.
Content on this Website:
Any and all Content on this including, but not limited to pictures, text, html code,
phrases, captions, and javascript code are under full copyright of NYEphilly.com LLC.
Its use on other website(s) is strictly prohibited without the written consent of NYEphilly.com.
Any content with a ™ or sm is to be considered under trademark with NYEphilly.com
LLC as well as NYEphilly.com itself. Any use of any Content from this website on any other
website will be considered a violation of copyright law and punishable to the fullest extent
of the law. Damages in excess of $5,000 per EACH Content violation will be sought.
NYEphilly.com’s Policy on Privacy:
NYEphilly.com has created this privacy policy to demonstrate its firm commitment
to a secure and trustworthy Internet commerce and to Subscriber’s privacy. Any
information that Users submit NYEphilly.com will be used strictly by NYEphilly.com
for its stated and intended purpose(s) only.
Collected information and purpose of collection:
IP Addresses:
NYEphilly.com may use User’s IP address (not e-mail address) to
help diagnose problems with NYEphilly.com’s server, to administer NYEphilly.com‘s
Web site, or to gather broad demographic information.
Cookies:
NYEphilly.com may use cookies to enhance the user experience and deliver
personalized services and other information. Cookies may help NYEphilly.com to
deliver information specific to User interests, to eliminate the need to re-enter User
information each time User visits the Site, or to keep track of User’s shopping cart.
Cookies also allow NYEphilly.com to better analyze NYEphilly.com’s site traffic
patterns so that NYEphilly.com can bolster its offering. NYEphilly.com does not
follow User’s browsing path outside of the NYEphilly.com site. Advertising networks
that serve ads onto the Site may also use their own cookies.
E-mail Addresses:
If User gives NYEphilly.com its e-mail address, NYEphilly.com will communicate
with User via e-mail. However, NYEphilly.com does not share User’s e-mail address
with others outside the NYEphilly.com group of companies, as indicated below, and
will not place User's email address on any other mailing lists without the knowledge
of the User. User can choose not to receive e-mails at any time (more details in the
Choice/Opt-out section below). For the use of e-mail addresses in connection with e-mail
based services, reference is made to the paragraph "Registration for third party services
at NYEphilly.com." below.
Registration for Third Party Services at NYEphilly.com:
To the extent such services are made available, User can register for third party
services (i.e. giveaways, etc). Those services are available through NYEphilly.com,
but are with a third party, which is typically not affiliated with NYEphilly.com. It
will be specifically stated when information is being submitting to a third party on the
NYEphilly.com website (by stating who the email is going to). When User signs up for one
of these services, it may be necessary to communicate some of User’s NYEphilly.com
registration information to this service provider. Also, if the service provider User
chooses requires User e-mail address to fulfill this service, NYEphilly.com will also give
User’s e-mail address to the service provider, and any other information supplied by User
during this process. This means that NYEphilly.com will pass User’s e-mail
address to a service provider ONLY in the event that User specifically asked or signs up
for this service and the service cannot be provided without User e-mail address. For privacy
practices and opt-out procedures of those service providers, please refer to the
individual privacy policy of the respective service provider. You are responsible for
finding out the service provider's privacy policy BEFORE signing up for the service.
Demographic and User Profile Data:
NYEphilly.com may use demographic or user profile data collected to tailor
User’s Site experience, showcase content that NYEphilly.com thinks may interest
User, and display information that matches User’s preferences. This data also gives
NYEphilly.com an insight into User’s needs and interests.
Links to Other Sites:
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because NYEphilly.com has no control over such
sites and resources, you acknowledge and agree that NYEphilly.com is not
responsible for the privacy practices or 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 NYEphilly.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, policies,
goods or services available on or through any such World Wide Web site or resource.
Choice To Opt Out - At Any Time:
User can opt-out of receiving communications from NYEphilly.com by clicking the
link at the bottom of any email we send. You will be permanently removed from our mailing
list until you sign up again with the same or a different email address on our website.
NYEphilly.com "Group of Companies":
"Group of Companies" refers to NYEphilly.com, PhillyTrips.com, SinglesEvents.com,
UpcomingEvents.com, and YoungProfessionalEvents.com only. No other companies or websites fall
under this terminology.
User Consent:
By using the NYEphilly.com site, Subscriber consents to the collection
and use of the information as described here.
If you have any questions, please Contact NYEphilly.com.
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