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Terms & Conditions

TERMS OF USE AGREEMENT


The Nassau Veterans Memorial Coliseum Web site is operated by Nassau Events Center, LLC and its affiliates (“NC”, “we”, “our” or “us”). Please read this Terms of Use Agreement (“Terms of Use”) carefully, as it constitutes legally binding terms and conditions and applies to your use of (a) the Web site located at www.nassaucoliseum.com and all corresponding Web pages and Web sites associated with the foregoing URL (“Site”), (b) NC mobile, web, console, desktop and other applications (e.g., Apple iOS Apps, etc.) (collectively and individually, “NC App”), and (c) any other content, applications, features, functionality, information and services offered by us through the Site and/or the NC App (collectively, "Services"). These Terms of Use apply whether you are accessing the Services via a wireless or mobile device, a personal computer or any other technology or device (each, a “Device”). These Terms of Use do not cover other services, Web sites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.

These Terms of Use apply to all users of the Services, whether or not you have registered for same (“User”, “you” or “your”), and by using the Services you expressly understand, acknowledge and agree to comply with these Terms of Use and any additional terms and conditions that we may provide to you in connection with your use of or access to same, including, without limitation, in connection with related technology and other products and services we may offer or make available to you. The Services’ Privacy Policy (“Privacy Policy”), is hereby incorporated into these Terms of Use by reference as though fully set forth herein.

1. SERVICES.
A. General. Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information and services provided by us and/or our affiliates and contractors, which may include, without limitation, providing Users with the ability to access, and view certain audio-visual content.

B. Third Party Platforms. Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Apple iTunes, etc.), Facebook, Twitter, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, and preferences and usage data, all as more fully described herein and our access to, use of, and disclosure thereof shall be subject to the terms and conditions hereof, including the Privacy Policy.

2. ELIGIBILITY. By using the Services, you represent, warrant and covenant that (a) you are 13 years of age or older and reside in the United States of America, its territories and possessions (the “U.S.”), (b) your use of the Services does not violate (i) any applicable law, rule or regulation or (ii) any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.) and (c) all registration information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review these Terms of Use with your parent or guardian. Your parent or guardian should agree to these Terms of Use on your behalf and parental discretion is advised for all users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or NC suspects that such information is untrue, inaccurate, not current or incomplete, NC has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

3. MODIFICATIONS. We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

4. TERM. These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Services. You may terminate your use of or registration to the Services at any time, for any reason, and NC may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Use, and the Privacy Policy including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.

5. REGISTRATION AND APPLICABLE FEES. In order to access and use certain content, features and functionality of the Services, we may require that you (a) register for the applicable Services, whether on the Site, the NC App, a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User ID”) and (b) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, usage data and other information, and, for fee-based transactions and purchases (if applicable) offered by us, your physical address, telephone number(s), applicable payment information (e.g., payment card data, etc.) and other information (collectively, a “User Account”). If you elect to become a registered User of the Services, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Services by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify NC of any unauthorized use of your User ID or User Account or any other breach of security. It is your sole responsibility to (i) control the dissemination and use of your User ID and User Account, (ii) control access to your User ID and User Account, and (iii) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. NC shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.

We may make certain fee-based products and/or services available to Users of the Services. Additional terms may apply to your use of, access to and purchase of such fee-based services and such additional terms are incorporated herein by reference. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. NC may revise any or all of the fees and prices associated with the fee-based services at any time for any or no reason. Further, NC does not guarantee that descriptions or other content will be available, accurate, complete, reliable, current or error-free. Moreover, NC and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any User with any service. Further, if NC terminates your use of or registration to the Services because you have breached these Terms of Use, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.

6. USER CONDUCT. You represent, warrant and agree that, while using the Services, you shall not:

  • intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
  • intentionally or unintentionally engage in or encourage conduct that affects adversely or reflect negatively on NC or its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
  • modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;
  • impersonate any person or entity, including, without limitation, a NC official, or falsely state or otherwise represent your affiliation with a person, or entity, transmit or otherwise make available on, through, or in connection with the Services false or misleading indications of origin, information or statements of fact; or
  • solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.

NC reserves the right to investigate and take appropriate legal action against anyone who, in NC’s sole discretion, violates, or is suspected of violating, this Section 6, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that NC may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of NC, its Users or any third parties.

7. PROPRIETARY RIGHTS.
A. As between you and NC, NC owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (the “Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.

B. Except as expressly set forth herein, the Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the Services. Except as expressly authorized by NC, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Content without the express, prior written consent of NC or its owner if NC is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution.

8. PERSONAL INFORMATION. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be asked to provide certain personalized information to us or we may obtain such information from certain third parties, including, without limitation, Third Party Platforms (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy , which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of your Personal Information.

9. ADVERTISEMENTS. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services (as such term is defined herein) of or from advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Services or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

10. THIRD PARTY PLATFORMS, SERVICES AND CONTENT. The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services, or (b) any third party websites, content, data, information, applications, platforms, goods, services or materials, including Third Party Platforms (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of NC, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, partners or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services, NC’s or its affiliates’ logos, marks, names and/or sponsorship or other identification is on the Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

11. DATA AND WIRELESS ACCESS CHARGES. Certain NC Apps and other Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such NC Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will NC be responsible for any such data access fees and charges in connection with your use of any NC Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your Device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain NC Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all NC Apps and other Services may work with all wireless carriers, networks, platforms, services or Devices.

12. ASSIGNMENT. These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by NC without restriction and without notice to you.

13. INDEMNITY. You agree to defend, indemnify and hold NC, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, or (b) your breach or violation these Terms of Use. NC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

14. DISCLAIMER AND LIMITATIONS OF LIABILITY. THESE SERVICES, AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NC, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT NC ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU.

15. CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to [email protected].

16. GOVERNING LAW; MISCELLANEOUS.
A. These Terms of Use, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and NC concerning the Services and your use thereof, and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

B. These Terms of Use and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

C. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

These Terms of Use were last modified on the date indicated above and are effective immediately.

Copyright © 2016 Nassau Events Center, LLC