NOSTALGIA NIGHTS TERMS AND CONDITIONS
Welcome! The following policies and terms govern your access and use of NOSTALGIA NIGHTS’ services and products and any purchases you make from us (collectively, the “Services”).
Your affirmative act of either making purchases from us, registering with us or by accessing and using our services, signifies your agreement to the following terms (“Terms”).
If you do not agree to these Terms, do not register for the Services and you must discontinue your use of the Services. We use the term “you” to mean the person or entity signing up and using the Services, and we use the term “we” or “us” to mean NOSTALGIA NIGHTS and its affiliates, subsidiaries, vendors, successors and distributors.
1. ABOUT THESE TERMS
• These Terms and any offers, policies, purchase orders, rules and supplemental terms serve collectively as a contract between you and us. The Terms are in electronic form and have the same force and effect as an agreement in writing.
• These Terms apply to (a) our web sites, publications, applications, services, purchases and subscriptions you make from us, and (b) your attendance and participation in any of our auto shows or other events.
• We may change these Terms from time-to-time. The changes take effect after we post or provide notice of the changes. The changes do not apply to products you already purchased from us. If you do not agree to the changes, you must discontinue your use of the Services. Otherwise, your continuing use of the Services signifies your agreement to the changes.
• We may in our discretion change or discontinue any website or service at any time and without liability to you. If you do not agree to the changes, you may cancel the Services.
• You must be at least 18 years of age to make purchases from us and to use our Services.
• If you are registering on behalf of an entity, you must have legal authority to bind your business.
• If you make a purchase or register with the us, you agree that you will provide us with true and accurate information about yourself and you agree to keep the information up-to-date.
• We may terminate your access to our Services if you provide us with false or incomplete information.
3. GENERAL RULES
• You will not engage in any misleading conduct;
• You will comply with all laws and regulations;
• You will not violate the rights of others, including, the copyrights, trademarks, patents or privacy of another;
• You will not attempt to gain unauthorized access to our Services;
• You will not open multiple accounts;
• You will not impersonate anyone else;
• You will not harass or interfere with other users’ access to our Services;
• You will not submit materials that are obscene, abusive or contain hate speech;
• You will not transmit viruses or other malicious code;
• You will not use our Services to facilitate the sending of spam or other unsolicited communications;
• You will not reproduce, duplicate, frame, copy, sell, redistribute, sublicense or exploit for any commercial or other purposes all or any portion of our Services;
• You will not directly or indirectly interfere with the servers or networks connected to our Services;
• You will share or post content only if you have the rights to do so; and
• You will not data mine or scrape our computer systems or data bases for purposes of copying our databases, our list of users or other information;
• You assume all consequences if you elect to post information about yourself in public areas of our Services; and
• You agree you will never divulge, share, or give access to your account information and password to any other person for any reason. You agree to keep your account information secure and take steps to secure your devices to prevent unauthorized access from others.
• We may take any legal, equitable or technical remedy if you violate these Terms, including without limitation, suspending your access to our Services.
• You must abide by all rules and regulations when you attend any of our auto shows or other events.
4. LICENSE GRANT
Subject to these Terms, we give you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access and use our Services for your individual use and subject to these Terms. You grant us the right to collect and transmit any content, data or other information for us to provide the Services for you.
Our Services are “commercial items” as the term is defined in 48 C.F.R. § 2.101.
5. YOUR RESPONSIBILITIES
• You are responsible for all activities on your account, including purchases made on your account by you or others using your account information. Therefore, you must keep your user account information and password confidential.
• You should report to us immediately if you believe your account is compromised.
• You must comply with all applicable export laws regarding use of our software applications.
6. PROPRIETARY RIGHTS
Copyright and other intellectual property laws and treaties protect the content and applications offered by or through our Services. You may not modify, adapt, or create derivative works from our Services. You may not remove proprietary notices. You may not help anyone else to do any of the things prohibited in this paragraph.
• You agree to pay for all fees and purchases you make from us, including any applicable taxes and fees, including without limitation, sales and use taxes as stated when you place your order. Fees are not refundable. You must supply payment information when you place your order. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make from us.
• You may be given the option to use a convenience feature that imports your payment information previously entered during a prior purchase from us, which we will use to process your order, and which we will store in connection with your account.
8. SPECIAL TERMS ON SHOWS AND EVENTS This section applies to you if you register for and attend any of our auto shows or other events.
• All purchases of tickets are final. There is no exchange or refunds.
• You and any holder of a ticket assumes all responsibilities for any risk of bodily harm or loss of property sustained while attending our events, and you waive all right to lay claim for damages resulting from any cause whatsoever either before, during or after any of our events.
• Each ticket to an event contains a unique barcode that will only allow one entry. If for any reason a copy of a ticket printed from online access is made, the first scanned ticket to arrive at the event will be allowed entry, while the second ticket with the same ticket id/bar code will be denied access. Event staff will be able to verify the legitimate buyer by checking the credit card and/or photo id. We recommend that all customers bring their credit card that was used to make this purchase to the event.
• All events take place rain or shine.
• We and our staff reserve the right (a) to refuse entry to the holder of a ticket by refunding the purchase price or (b) eject any person whose conduct we or our staff deem disorderly.
• Cans, bottles, containers, laser devices and weapons are not permitted on the event premises, and ticket holders consent to searches of themselves and their possessions.
• We and our sponsors are the exclusive owner of all copyrights and other property rights to the event.
• You hereby grant us the unrestricted, irrevocable, worldwide right and license to use your likeness, including any images, video or audio recordings of you captured at an event in any broadcast, telecast, promotion, Website or other media in connection with an event.
We may give you the ability to post content such as photographs, comments, and other content on our Services (“Content”). You will retain ownership in any rights you have in the Content you post on the Service; however, you grant us a non-exclusive, irrevocable and worldwide license to display, use, store, transmit, adapt and distribute your Content on the Services. You represent and warrant to us that any Content you post (a) is original to you or that you have permission to post it, (b) that it does not infringe or violate the rights of others; (c) it does not violate the law and (d) it complies with these Terms. You may not upload, post or transmit any content that is defamatory, hateful, obscene, harassing, threatening, disparages races or religions, constitutes plagiarism, invades the privacy of others, or is, in our sole judgment, objectionable. We have no obligation to monitor or screen user postings and to remove such content, although we may do so in our sole discretion. We reserve the right – but we have no obligation or liability to you – to monitor or take enforcement action against violations of these Terms. You agree that we may take any action without liability to you or any third party, including without limitation, terminating your account, or blocking and removing Content that we determine in our sole discretion violate this Agreement without liability to you or any of your customers. We may take such action with or without notice to you.
10. DISCLAIMER ON CONTENT
You use the Service at YOUR OWN RISK. We offer the Service for informational and entertainment purposes only. You should not rely on any Content posted on the Service to make financial, purchase or other decisions. We make no guarantee about the quality, non-infringement or accuracy of Content provided by our Publishers and other users.
11. COPYWRIGHT INFRINGEMENT
If we receive notice that an item of Content allegedly is infringing the rights of others, our policy is to use reasonable efforts to block and/or remove such Content and to prohibit repeat offenders from using the Service under the Digital Millennium Copyright Act (“DMCA”).
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to our Designated Agent at the address below:
a. Identification of the work or material being infringed.
b. Identification of the material that is claimed to be infringing, including its specific location so that we can find it and verifying its existence.
c. Your contact information, including name, address, telephone number and e-mail address.
d. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent or law.
e. A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
f. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, we will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. We may in our sole discretion, terminate immediately the account of any user who is the subject of repeated DMCA notifications.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to our Designated Agent at the address below:
• The specific URLs of material that we have removed or disabled access.
• Your name, addresses, telephone number, and email address.
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Franklin County, Ohio if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Your signature.
Upon receipt of a valid counter-notification, we will forward it to the party who submitted the original DMCA notification. The original party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may in our sole discretion – although we have no obligation to — restore the Content to the Service.
Should you have any questions regarding this Copyright Notice, please contact us at:
P.O. Box 155
Westfield, IN 46074
YOU USE THE SERVICES AT YOUR OWN RISK. We make no representation or warranty as to the content, SERVICE, PRODUCT OR EVENT. WE PROVIDE OUR SERVICES, PRODUCTS AND EVENTS “AS IS.” WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, DISTRIBUTORS, CUSTOMERS OR WE BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, OR DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY. IN NO EVENT WILL OUR LIABLITY TO YOU EXCEED THE TOTAL AMOUNT OF ANY PURCHASES YOU MADE WITHIN SIX MONTHS OF A CLAIM.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
• You may cancel the Services at any time by notifying us. You will not be entitled to any refund.
• We may terminate your account for any reason at any time in our discretion, including without limitation, if you violate these Terms.
• You remain liable for payment of any purchases that you make prior to termination of your account.
You agree that Ohio law shall govern these Terms, and that any claim shall be brought before a state court in Marion County, or, if applicable, a United States District Court in Indianapolis, IN.
17. GENERAL TERMS
• You and we are independent contractors of each other; these Terms do not create a partnership, agency or joint venture relationship.
• These Terms constitute the entire agreement regarding your use of the Services.
• You may not assign your account or obligations to anyone else.
• If any provision under these Terms is deemed unenforceable, the remaining terms stay in effect.
• You agree to transact with us electronically. We may send you notices about the Service electronically, such as, by email. You may save or print these terms if you wish to retain a copy. You will need Internet access with a standard browser and a printer connected to your device to print a copy of these Terms.
Sections 6, 8, 10, 12 to 14, and 16 to 18 survive termination of these Terms.