Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to website (the “website”) for North East Showtime Series LLC (“NEST”). Through the website, NEST provides users with access to a rich collection of resources, including without limitation, news/weather content, advertising, contests, social networking, and online communication/comment tools (collectively, all items and services provided/available on or through the website are described as the “Service”).
NEST provides its website and the Service to you, subject to the following Terms of Service (the “Terms” or “TOS”), which may be updated by us from time to time without notice to you. Any such update or change to the Terms shall be immediately effective upon our posting thereof on the website. In addition, when using particular products, contests, services, or other items via or available through the website, you shall be subject to any posted guidelines or rules applicable to the same. Unless explicitly stated otherwise, any new features associated with the Service shall be subject to these Terms.
By accessing and/or continuing to access the Service, you agree to be bound by these Terms as they may be modified from time-to-time. If you do not agree to the Terms, please do not enter the website. If you are not yet 18 years old, a parent or guardian must agree to be bound by the Terms on your behalf.
The “Service” shall have the meaning set forth above.
“You” and “your” refer to you, as the user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way accesses and/or uses the website and/or the Service.
“We”, “us”, “our,” and/or the “NEST Parties” refer collectively to NEST, and its affiliates, parents, subsidiaries, employees, officers, owners, directors, agents, service providers, and vendors who are involved with providing the Service .
“Content” or “Site Content” means all text, articles, photographs, images, graphics, illustrations, creative copy, artwork, video, audio, location data, music, podcasts, ringtones, games, trademarks, blogs, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, the organization, design, compilation, and "look and feel" of the Service, and all other content, information, and materials available on or through the website and/or Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, comments, reviews, compliments, invitations, contests, check-ins, messages, and information that you publicly display or displayed in your account profile.
“User Content” means Content that users submit or transmit to, through, or in connection with the Service.
The “NEST Content” means Content that we create and make available in connection with the Service.
“Third Party Content” means Content that originates from parties other than NEST or its users, which is made available in connection with the Service.
3. YOUR USE OF THE SERVICE AND REGISTRATION OBLIGATIONS
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide and are responsible for all equipment necessary to access the Service.
We grant you permission to use the Service subject to the restrictions in these TOS. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service. Further, your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.
To the extent applicable, in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any applicable registration form; and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.
We are concerned about the safety and privacy of all users of the Service, particularly children. Please remember that the site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or content is appropriate for your child.
a. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by us. You further acknowledge that the burden of determining whether any of Your Content is protected by copyright rests solely with you.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Further, you understand that Your Content which is publicly posted is your sole responsibility. This means that you, and not us, are entirely responsible for all Content that you email, transmit or otherwise make available via the Service. We do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any user-posted 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 said Content.
You agree to not use, or to assist others in using, the Service to:
upload, post, email, transmit or otherwise make available 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, 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, transmit or otherwise make available any Content that you do not have a right to make available 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, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas that are expressly designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs, such as worms, time bombs, Trojan horses, or other harmful or disruptive component, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment related to the Service;
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;
"stalk" or otherwise harass another;
collect or store personal data about other users;
send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
solicit personal information from minors, or submit or transmit pornography;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Content;
reverse engineer any portion of the Service;
remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
record, process, or mine information about other users;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service;
attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or site content; or
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of site content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them, even if permissible under applicable law.
CAUTION: any attempt to do any of the foregoing prohibited acts, or to otherwise undermine the operation of the service, may be a violation of criminal and civil law. Should such an attempt be made, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys' fees) from any such individual or entity to the fullest extent permitted by law, including criminal prosecution.
You also acknowledge that NEST and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content. Without limiting the foregoing, NEST and its designees shall have the right to remove any content that violates the Terms or is otherwise objectionable.
You further acknowledge and agree that NEST may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; and/or (d) protect the rights, property, or personal safety of NEST, its users and the public.
b. Our Right to Use Your Content
Separate and apart from any disclosure of Your Content authorized in subsection 5.a, by submitting Your Content, you acknowledge and agree that we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms, including social media platforms like Facebook and Twitter (“Other Media”). As such, by submitting Your Content, you irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose, including the right to incorporate it (in whole or part) in any other works in any form, media, or technology now known or hereafter developed for the full term of any applicable copyright protection.
You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against us and users of the Service any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content, in any media, as described above.
c. Ownership of Content
Subject to the non-exclusive license granted under Section 6.b, you own Your Content. We own the NEST Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the NEST Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual property rights and laws. NEST grants Internet users a limited right to download and print a limited amount of the NEST Content for your personal, noncommercial use. You may not, however, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit for commercial purposes any of the NEST Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the NEST Content are retained by us.
NEST does not have authority to grant reprint, re-publication, or distribution rights to Third-Party Content, including content from news syndicates, networks, and news services. If you are interested in using this Content, please contact the applicable Content provider.
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. If you are interested in using this Content, please contact the applicable Content provider.
d. Advertisements Placed With Or Near Your Content
We and/or our licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all 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.
7. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
You acknowledge that if and when we hold contests, sweepstakes, or promotions, or third parties sponsor a promotion in conjunction with us, official rules and/or registration will be posted for that promotion and will govern that contest, sweepstakes, or promotion.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the service, your violation of the Terms, or your violation of any rights of another.
9. MODIFICATIONS TO OR DISCONTINUATION OF SERVICE
We reserve 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 we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION OF ACCESS
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service for any or no reason, and without notice or liability of any kind. You acknowledge and agree that upon such termination, we may immediately deactivate or delete your account. Further, you agree that we shall not be liable to you
or any third-party for any termination of your access to the Service.
Further, you may terminate the Terms at any time by closing your account, discontinuing your use of the Service,and providing us with a notice of termination here: firstname.lastname@example.org. If you close your account, we may continue to display and/or otherwise use Your Content, consistent with Section 5.b, above.
In addition, in the event of any termination, whether by you or us, Sections 1, 5, 6, 8-24, of these Terms will continue in full force and effect, including our right to use Your Content as detailed in 5.b.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be 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 such advertisers on the Service.
Via the Service, we may provide, or third parties may provide, links to other World Wide websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for
the availability of such external sites or resources, and do not endorse and are 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 we 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, goods or services available on or through any
such site or resource.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service, including in the social media, community and public discussion/comment areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other ads, and elsewhere, to foster compliance with the Agreement. You hereby specifically agree to such monitoring.
Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen User Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
b. Sensitive Information Disclaimer
While you may freely discuss topics of interest to you, and the Service may include general Content, including opinions, relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content obtained on or through this Service before making any decisions based on such Content.
c. Copyright Notices (DMCA)
If you believe your copyright-protected work was posted on the Service without authorization, you may submit a copyright infringement notification. These requests should be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Please initiate your request by e-mail to: email@example.com.
d. Parental Control Provisions
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of the Electronic Frontier Foundation and America.
e. Void Where Prohibited
Although the Service is accessible worldwide, not all products or services discussed or referenced in or on the website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of the Service, website, and/or the provision of any product or service to any person, geographic area or jurisdiction (including quantities thereof), in our sole discretion, to ensure compliance with applicable law. Any offer
for any product or service made in the website is void where prohibited.
f. Equine Activities
You understand the NEST promotes and engages in equine activities and by attending and/or participating in an equine activity you agree to waive all claims against the NEST, pursuant to Ohio Revised Code § 2305.321(C), as inherent risks associated with equine activities include but are not limited to (a) the propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine; (b) the unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; (c) hazards, including, but not limited to, surface and subsurface conditions; (d) a collision with another equine, another animal, a person, or an object; and (e) the potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.
14. 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 and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. The company parties expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of title, noninfringement, merchantability or fitness for a particular purpose.
The company parties further make 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) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the 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 you are and/or 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 the company parties or through or from the service shall create any warranty not expressly stated in the terms of service.
\You acknowledge that any warranty that is provided in connection with any of the products or services described herein is provided solely by the owner, advertiser or manufacturer of that product and/or service, and not by us. You
also acknowledge that your access to the service may not be uninterrupted, error-free, or secure. You assume total responsibility and risk for your use of the websites and site-related services.
15. LIMITATION OF LIABILITY
You expressly understand and agree that the company parties shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, attorneys’ fees, or other intangible losses resulting from: (i) the use or the inability to 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 and/or your use thereof.
You further specifically acknowledge that the company parties are not liable for the defamatory, offensive or illegal conduct of other users or third-parties, and that the risk of injury from the foregoing rests entirely with you.
Your sole remedy for dissatisfaction with the service and/or content or information contained within the service or website is to stop using the site and/or the service.
16. 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. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you. However, they shall apply to the maximum extent permitted by law.
17. REMEDIES IN EVENT OF USER VIOLATIONS AND/OR BREACH
We reserve the right, in addition to and without limiting any and all other available remedies to us, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Terms and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Terms.
In addition, we shall be entitled to recover from you our costs and reasonable attorneys’ fees incurred in enforcing these Terms.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
19. NO THIRD PARTY BENEFICIARIES
The Terms are solely for the benefit of you and the NEST Parties. They are not for the benefit of any other person, except for permitted successors.
Further, we are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
Claims, as defined in Section 23 below, must be filed within one year. You must bring any claim against the NEST Parties within one year of the date you could first bring the claim. If you fail to file your claim against us within one year, the claim is permanently barred.
21. WAIVER OF JURY TRIAL
With respect to any civil action, counterclaim or proceeding, whether at law or in equity, which arises out of, concerns or relates to you and the NEST Parties, including but without limitation to the Terms, any transactions contemplated hereunder, the performance hereof or the relationship created hereby, whether sounding in contract, tort, strict liability or otherwise, trial shall be to a court of competent jurisdiction and not to a jury. Each party hereby irrevocably waives any right (statutory, constitutional, common law or otherwise) it may have to a trial by jury. Either Party may file an original counterpart or a copy of the Terms with any court as written evidence of the waiver of the other Party’s right to trial by jury. No Party has made or relied upon any oral representations by any other Party regarding the enforceability of this provision. Each party has read and understands the effect of this jury waiver provision.
22. GOVERNING LAW
Irrespective of the location from which you access the Service, you agree that Ohio law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the NEST Parties (a “claim”), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Columbus, Ohio.
23. GENERAL INFORMATION
Any failure on the part of the NEST Parties to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision or any other right or provision.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
\No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Please report any violations of the Terms of Service to firstname.lastname@example.org.