INTRODUCTION
The following terms and conditions (the “Terms of Use”) govern your use of the websites, digital applications, online stores, registrations, events, publications, subscriptions, channels, pages and services in all media to which these Terms of Use are linked or contain the URL for these Terms of Use. This includes all subdomains of our websites, and any content, code, data, services, features or functionality made available from or through the Services.
We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Services. Changes in the Terms of Use will be effective when posted and your continued use of the Services and/or the services made available on or through the Services after any changes to the Terms of Use are posted will be considered acceptance of those changes.
By using the services, you accept and agree to these terms of use as applied to your use of the services, and you represent and warrant that you have the right, authority and capacity to enter into this agreement on behalf of yourself or the entity you represent.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
LICENSE TO USE WEBSITE
Unless otherwise stated, Neon City Festival and/or its licensors own the intellectual property rights on the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Neon City Festival express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Neon City Festival express written consent.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. Neon City Festival reserves the right to restrict access to other areas of this website, or indeed this entire website, at Neon City Festival’s discretion.
USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Neon City Festival a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Neon City Festival the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Neon City Festival or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
Neon City Festival reserves the right to edit or remove any material submitted to this website, or stored on Neon City Festival’s servers, or hosted or published on this website.
Notwithstanding Neon City Festival rights under these terms and conditions in relation to user content, Neon City Festival does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
PROHIBITED USE
Any commercial or promotional distribution, publishing or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of Neon City Festival or the otherwise applicable rights holder.
Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
MARKS
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Services or on content available through the Services, are registered and unregistered trademarks or service marks of Neon City Festival Corporation and third parties. All Marks not owned by Neon City Festival Corporation that appear on the Services or on or through the Services’ services, if any, are the property of their respective owners.
Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Services without the written permission of Neon City Festival or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Services or on or through any of the Services’ services is strictly prohibited.
PROHIBITED USER CONDUCT
You warrant and agree that, while using the Services you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Services’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Neon City Festival or otherwise through the Services), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Services. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services or the services offered on or through the Services, including without limitation any information residing on any server or database connected to the Services or the services offered on or through the Services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Services in any manner that may interrupt, damage, disable, overburden, or impair the Services or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Services in violation of PMC’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Services in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof.
You agree that you shall not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services.
Without limiting the foregoing, you may not (i) use any artificial intelligence systems, machine learning models or tools, software robots, spider, crawlers, or other data gathering, analysis or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services, including any content, data or any portion thereof (except for a public search engine’s use of spiders solely for creating search indices that surface links to our Services); (ii) use the Services, including any content, data or any portion thereof, to train artificial intelligence, machine learning models, automated processing tools, other algorithms or other software systems, whether automated or manual; or (iii) build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Services (including any code used in any software) or content, whether or not for profit. You are further prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Services (including any content) without: (i) displaying visibly both content and all surrounding elements and (ii) having full access to all functionality permitting viewing of content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
PUBLIC FORUMS
Neon City Festival may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Services. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Services any Submitted Materials which (i) restrict or inhibit any other user from using and enjoying the Services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Neon City Festival. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Services and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
MERCHANDISE PURCHASES
We may, directly or through our third-party vendors (“Vendors’), make certain products available to visitors of the Services. You agree to pay in full the prices for any purchases you make either by credit/debit card or by other payment means acceptable to Neon City Festival or its Vendors.
You agree to pay all applicable taxes. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors. Certain products that you purchase through the Services may be subject to additional terms and conditions presented to you at the time of such purchase.
We reserve the right to change the amount of merchandise sold, the price of merchandise, discontinuing any format, make substitutions and/or modify the way the merchandise is distributed.
THIRD PARTY WEBSITES
You may be able to link from the Services to third party websites and third-party websites may link to the Services (“Linked Sites”). You acknowledge and agree that we have no responsibility for and disclaims any liability for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Inclusion of any Linked Sites does not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites.
Neon City Festival does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Neon City Festival is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
ADVERTISEMENTS AND PROMOTIONS
Neon City Festival may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Neon City Festival, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Neon City Festival is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
INDEMNIFICATION
You hereby indemnify Neon City Festival and undertake to keep Neon City Festival indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Neon City Festival to a third party in settlement of a claim or dispute on the advice of Fremont Street Experience legal advisers) incurred or suffered by Neon City Festival arising out of any breach by you of any provision of these terms and conditions (or arising out of any claim that you have breached any provision of these terms and conditions).
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Fremont Street Experience’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Fremont Street Experience may take such action as Fremont Street Experience deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. Neon City Festival makes no representations or warranties in relation to this website, or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Neon City Festival does not warrant that:
Nothing on this website constitutes or is meant to constitute the advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
VARIATION
Neon City Festival may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
LIMITATIONS OF LIABILITY
Neon City Festival will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Neon City Festival has been expressly advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Neon City Festival liability in respect of any:
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity Neon City Festival has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Neon City Festival officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Neon City Festival officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Neon City Festival.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions, together with privacy and policy, constitute the entire agreement between you and Fremont Street Experience in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Nevada.
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