Terms of Service

By using the MyNewYearBash Services (as defined below) and by accessing the MyNewYearBash Site located at http://www.mynewyearbash.com, and all linked pages owned and operated by MyNewYearBash (the "MyNewYearBash Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service"). MyNewYearBash's on-line services which are available at the MyNewYearBash Site will, among other things, help you find new year party services. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the MyNewYearBash Site and MyNewYearBash Services. Please read these Terms of Service carefully. Your access to or use of the MyNewYearBash Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the MyNewYearBash Service.

1. Eligibility.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of MyNewYearBash or use the MyNewYearBash Site and MyNewYearBash Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the MyNewYearBash Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the MyNewYearBash Service is void where prohibited by applicable law, and the right to access the MyNewYearBash Site is revoked in such jurisdictions. By using the MyNewYearBash Site and/or MyNewYearBash Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

2. Changes to the Agreement or the MyNewYearBash Services.

You agree and understand that these Terms of Service, the MyNewYearBash Site and the MyNewYearBash Services may be modified by MyNewYearBash at any time without prior notice, and such modifications will be effective upon MyNewYearBash's posting of the new terms and/or upon implementation of the new changes on the MyNewYearBash Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the MyNewYearBash Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by MyNewYearBash, any new features, new services, enhancements or modifications to the MyNewYearBash Service implemented after your initial access to the Service shall be subject to these Terms of Service.

3. Use of the Site/Services by Members.

You may use the MyNewYearBash Site to search the MyNewYearBash database for new year party listings, reviews and business contact information. You may forward reviews to people you know, whether or not they are existing MyNewYearBash users. You may invite people you know to join MyNewYearBash. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the MyNewYearBash Service ("Content"), and other items displayed on the MyNewYearBash Site, for your own use, provided that you maintain all copyright and other notices contained in such Content. MyNewYearBash does not control the Content posted by third parties via the MyNewYearBash Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MyNewYearBash Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyNewYearBash be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the MyNewYearBash Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

4. Restrictions on Rights to Use.

You shall not (and you agree not to allow any third party to):

• modify, adapt, translate, or reverse engineer any portion of the MyNewYearBash Site and/or MyNewYearBash Service;
• remove any copyright, trademark or other proprietary rights notices contained in or on the MyNewYearBash Site and/or MyNewYearBash Service;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the MyNewYearBash Site and/or MyNewYearBash Service;
• collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other MyNewYearBash users or members;
• reformat or frame any portion of the web pages that are part of the MyNewYearBash Site and/or MyNewYearBash Service;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit unwanted electronic communications such as "spam" to other users or members of the MyNewYearBash Site and/or MyNewYearBash Service or otherwise interfere with other user's or member's enjoyment of the MyNewYearBash Site and/or MyNewYearBash Service;
• submit any third party materials or Content without such third party's prior written consent;
• submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by MyNewYearBash;
• submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• use of the MyNewYearBash Site or MyNewYearBash Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• copy or store any Content offered on the MyNewYearBash Site for other than your own use;
• submit Content or materials that are unlawful or promote or encourage illegal activity;
• submit false or misleading information to MyNewYearBash;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• use the MyNewYearBash Site and/ or MyNewYearBash Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

5. Content Posted By You on the MyNewYearBash Site.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

• You understand and agree that MyNewYearBash may review and delete any Content, entertainment listings, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of MyNewYearBash violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the MyNewYearBash Site and/or other website users.
• You are solely responsible for the any Content that you publish or display on the MyNewYearBash Site or transmit to other members and/or other website users (hereinafter, "Posted Content"). o You are solely responsible for your ratings and reviews of entertainment listings and businesses listed on MyNewYearBash. MyNewYearBash reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
• You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
• By posting Posted Content on the MyNewYearBash Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MyNewYearBash, its contractors, and the users of the MyNewYearBash Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
• The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the MyNewYearBash Site. MyNewYearBash reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the MyNewYearBash Service and terminating the membership of such violators or blocking your use of the MyNewYearBash Service and/or MyNewYearBash Site.
• You may not post Content that:
  • is false or intentionally misleading;
  • is patently offensive to users of the MyNewYearBash Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive;
  • is threatening, obscene, defamatory or libelous;
  • is pornographic or sexually explicit in nature; and
  • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

6. Venue Only.

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the MyNewYearBash Service, such activity is solely between you and the applicable third party. MyNewYearBash shall have no liability, obligation or responsibility for any such activity. You hereby release MyNewYearBash from all claims arising from such activity.

7. Privacy.

Use of the MyNewYearBash Site and/or the MyNewYearBash Service is also governed by our Privacy Policy.

8. Term.

These Terms of Service will remain in full force and effect while you use the MyNewYearBash Site and/or MyNewYearBash Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 7, 8, 9, 10, 11, 12 and 13 shall survive any termination or expiration of these Terms of Service.

9. Ownership.

Except for the Content submitted by members or users, the MyNewYearBash Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by MyNewYearBash or its licensors. You acknowledge that the MyNewYearBash Service and any underlying technology or software used in connection with the MyNewYearBash Service contain MyNewYearBash's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the MyNewYearBash Site, or MyNewYearBash Services in whole or in part except as expressly provided in MyNewYearBash's policies and procedures made available via the MyNewYearBash Service. Except as expressly and unambiguously provided herein, MyNewYearBash and its suppliers do not grant you any express or implied rights, and all rights in the MyNewYearBash Service not expressly granted by MyNewYearBash to you are retained by MyNewYearBash.

10. Disclaimer.

THE MYNEWYEARBASH SITE IS PROVIDED BY MYNEWYEARBASH ON AN "AS IS" BASIS. MYNEWYEARBASH AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE MYNEWYEARBASH SITE, MYNEWYEARBASH SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MYNEWYEARBASH SITE OR IN ASSOCIATION WITH THE MYNEWYEARBASH SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MYNEWYEARBASH AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYNEWYEARBASH AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MYNEWYEARBASH SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MYNEWYEARBASH IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE MYNEWYEARBASH SITE. MyNewYearBash does not warrant or covenant that the MyNewYearBash Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the MyNewYearBash Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the MyNewYearBash Service is accessed at your own discretion and risk and 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 ANY USER FROM MYNEWYEARBASH, THE MYNEWYEARBASH SITE OR THROUGH OR FROM THE MYNEWYEARBASH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation on Liability.

MyNewYearBash shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyNewYearBash's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, MYNEWYEARBASH AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYNEWYEARBASH'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO MYNEWYEARBASH FOR THE MYNEWYEARBASH SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $10 . IF YOU ARE A DELHI RESIDENT, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. Indemnity.

You agree to indemnify and hold MyNewYearBash, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the MyNewYearBash Site, (ii) your use of the MyNewYearBash Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

15. Miscellaneous.

If there is any dispute about or involving the MyNewYearBash Site and/or the MyNewYearBash Service, by using the MyNewYearBash Site, you agree that the dispute will be governed by the laws of the State of Delhi without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delhi, City of India. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind MyNewYearBash in any respect whatsoever. MyNewYearBash may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the MyNewYearBash Service. These Terms of Service, accepted upon use of the MyNewYearBash Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and MyNewYearBash regarding the use of the MyNewYearBash Site and/or the MyNewYearBash Service. The failure of MyNewYearBash to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with MyNewYearBash's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include MyNewYearBash's acceptable use policy for Content posted on the MyNewYearBash Site, MyNewYearBash's Privacy Policy, and any notices regarding the MyNewYearBash Site.

16. Contact and Violations.

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to contact@mynewyearbash.com.

17. Mark.

MyNewYearBash is a proprietary service mark of MyNewYearBash