NYE Database Terms & Conditions

The NYE Database is a social networking site that allows you to interact with other members. The site is operated by Memberocity LLC. To become a member of the NYE Database website, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use the NYE Database website.

ELIGIBILITY

Children under thirteen years of age are not allowed to register as a member of NYE Database or use the website. Additional age restrictions may also apply. Membership in the Service is void where prohibited. By using the website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

TERM

This Agreement will remain in full force and effect while you use the website and/or are a Member. You may terminate your membership at any time, for any reason from your account management page. NYE Database may terminate your membership for any reason, at any time. If NYE Database terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

MODIFICATION OF THESE TERMS OF USE

NYE Database reserves the right to change the terms, conditions, and notices under which the NYE Database website is offered by posting ammended terms to this website, including but not limited to the charges associated with the use of the NYE Database website. Any member with excessive behavioral complaints will have their membership revoked. Members who violate one or more of the website rules may also have their membership revoked.

MATERIALS PROVIDED TO THE NYE Database OR CONTENT POSTED ON THIS SITE

The NYE Database does not claim ownership of the materials you provide to NYE Database (including feedback and suggestions) or post, upload, input or submit to any NYE Database website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NYE Database, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. NYE Database is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NYE Database's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY SITES

The NYE Database website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NYE Database and NYE Database is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NYE Database is not responsible for webcasting or any other form of transmission received from any Linked Site. NYE Database is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NYE Database of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NYE Database website, you warrant to NYE Database that you will not use NYE Database website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NYE Database Website in any manner which could damage, disable, overburden, or impair the NYE Database website or interfere with any other party's use and enjoyment of the NYE Database website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NYE Database website.

NON COMMERICIAL USE BY MEMBERS

The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links, and Website content are not to be transferred or copied from the Website for use with any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

MEMBER CONDUCT

condition of your use of the Service, you guarantee to NYE Database that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

MEMBER DISPUTES

You are solely responsible for your interactions with other NYE Database members. NYE Database reserves the right, but has no obligation, to monitor disputes between you and other members.

PROPRIETARY RIGHTS

You acknowledge and agree that NYE Database content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Service by NYE Database, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the Agreement.

Certain names, logos, and other materials displayed on the NYE Database website constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of NYE Database. Ownership of such IP rights remains with NYE Database. You are authorized to use such IP rights during the process of promoting and using NYE Database hosted by the Service.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the NYE Database website are copyrighted by NYE Database and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE THE NYE DATABASE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NYE DATABASE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NYE DATABASE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE NYE DATABASE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NYE DATABASE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NYE DATABASE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NYE DATABASE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYE DATABASE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NYE DATABASE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NYE DATABASE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NYE DATABASE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NYE DATABASE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NYE DATABASE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NYE DATABASE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NYE DATABASE WEBSITE.

DISPUTES

If there is any dispute about or involving the Website and/or the Service, by using the website, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Dallas.

INDEMNITY

You hereby agree, at your expense, to indemnify, defend and hold NYE Database, harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service, (b) any fraud or manipulation, or other breach of this agreement, by you, or (c) third party claims, actions or allegations brought against NYE Database arising out of your use of the service or software.

OTHER

This Agreement, accepted upon use of the website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and NYE Database regarding the use of the website and/or the Service. The failure of NYE Database to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

About Us  -  Contact Us  -  Terms  -  Privacy