TERMS OF SERVICE
Your Access and your acceptance of the present Terms of Service:
NYEve Entertainment LLC is an organization that specializes in the execution of New Years Eve events. NYEve Entertainment LLC may sell its tickets on other websites, but it will always be stated that it is an NYEve Entertainment LLC event.
For 2008/2009, NYEve Entertainment will execute an event in Philadelphia at Pearl located at 1904 Chestnut Street in Philadelphia, PA.
NYEve Entertainment LLC provides this Service to you, subject to the present Terms of Service ("TOS") and any other duly executed written agreements between NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC 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, NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC, 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 NYEve Entertainment LLC services, you shall be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the TOS.
"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 NYEve Entertainment LLC 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 NYEve Entertainment LLC. 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 NYEve Entertainment LLC from such use in accordance with NYEve Entertainment LLC’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 NYEve Entertainment LLC'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 NYEve Entertainment LLC 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.NYEve.net. 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.
Once your order is confirmed and your payment completed, you will receive a confirmation page and email confirmation that contains your ticket. You must print & retain your confirmation email and tickets to be presented on the night of the event. No one will be admitted without a printed copy of their ticket.
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, NYEve Entertainment LLC 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.
All tickets will be delivered electronically to the email address you used during the online ticket purchase process.
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. NYEve Entertainment LLC 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
NYEve Entertainment LLC 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, NYEve Entertainment events will NOT be cancelled. No refunds will be honored if you are not able to attend.
If/When an event is cancelled or postponed, NYEve Entertainment LLC 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. NYEve Entertainment LLC 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
NYEve Entertainment LLC 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. NYEve Entertainment LLC reserves the right to request photo ID of the ticket holder to verify age and identity. Electronic tickets will be scanned to verify their validity on the night of the event. Electronic tickets can only be used for entry once and will become invalid for future entry at the time it is scanned.
In the event any person attending an event is judged unmanageable or exhibits behavior which is considered inappropriate, or fails to comply with NYEve Entertainment LLC rules or event staff, setforth in this agreement or otherwise, NYEve Entertainment LLC 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 NYEve Entertainment LLC. You hereby grant NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC, 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.
Under no circumstances will NYEve Entertainment LLC 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 NYEve Entertainment LLC 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:
NYEve Entertainment LLC 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 NYEve Entertainment LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
NYEve Entertainment LLC's Proprietary Rights:
- 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 NYEve Entertainment LLC or implicitly by NYEve Entertainment LLC 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 NYEve Entertainment LLC 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. NYEve Entertainment LLC 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. NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC 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.
You hereby agree to indemnify and hold harmless NYEve Entertainment LLC, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of NYEve Entertainment LLC 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.
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.
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.
With the exception of the terms included during a specific action taken using NYEve Entertainment LLC, the TOS constitute the entire agreement between you and NYEve Entertainment LLC and govern your use of the Service, unless an expressed written agreement has been executed between NYEve Entertainment LLC and you and/or your company in which case the executed agreement between you and/or your company and NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC website for solicitation purposes is prohibited. Any violation will be considered a trespass. If any unauthorized party attempts to send unsolicited messages to NYEve Entertainment LLC email addresses, NYEve Entertainment LLC will take appropriate action.
Pictures & Photos:
All pictures & photos taken by NYEve Entertainment LLC owners, staff, or hired/paid agents are exclusively owned by NYEve Entertainment LLC, LLC and related properties. Photos may not be copied or reused for purposes other than NYEve Entertainment LLC & its related properties unless specific written permission is granted. An image/photograph may be used to promote NYEve Entertainment LLC & related properties' initiatives. Photographs will not be sold or used outside NYEve Entertainment LLC 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, NYEve Entertainment LLC & 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:
NYEve Entertainment LLC’s Policy on Privacy:
Collected information and purpose of collection:
NYEve Entertainment LLC may use User’s IP address (not e-mail address) to help diagnose problems with NYEve Entertainment LLC’s server, to administer NYEve Entertainment LLC‘s Web site, or to gather broad demographic information.
If User gives NYEve Entertainment LLC its e-mail address, NYEve Entertainment LLC will communicate with User via e-mail. However, NYEve Entertainment LLC does not share User’s e-mail address with others outside the NYEve Entertainment LLC 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 NYEve Entertainment LLC." below.
Registration for Third Party Services at NYEve Entertainment LLC:
Demographic and User Profile Data:
NYEve Entertainment LLC may use demographic or user profile data collected to tailor User’s Site experience, showcase content that NYEve Entertainment LLC thinks may interest User, and display information that matches User’s preferences. This data also gives NYEve Entertainment LLC 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 NYEve Entertainment LLC has no control over such sites and resources, you acknowledge and agree that NYEve Entertainment LLC 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 NYEve Entertainment LLC 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 NYEve Entertainment LLC 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.
By using the NYEve Entertainment LLC site, Subscriber consents to the collection and use of the information as described here.
If you have any questions, please Contact NYEve Entertainment LLC.