1. Acceptance of Terms of Service
By using or visiting the Website, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Website.
Description of Service: noo currently provides users with access to a collection of resources, including, various communications tools, shopping services, personalized content, third party content and branded content through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms. noo 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 noo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. These Terms contain the entire agreement between you and noo. Nothing herein contained shall be construed as creating a partnership or joint venture between the two parties. noo reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms at anytime and without prior notice. Such modifications shall become effective immediately upon the posting thereof. Should you have any additional questions or concerns regarding these Terms, please email us.
2. Registration on the Website
Use of the Website may require you to register and obtain a password. By registering on the Website you grant noo permission to send you electronic communication (the "Notifications"). All Notifications will only be sent to share information pertaining to the use and scope of the Website. You agree to: (a) provide accurate, current and complete information about yourself when necessary or as prompted by the Website's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If we have reasonable grounds to suspect that such information is 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 Website.
Age: noo takes a child's privacy very seriously, and we adhere to the requirements of the Children's Online Privacy Protection Act. Accordingly, if you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
3. Contributions to the Website
The Website provides you with opportunities to contribute to the Website, which may include, but are not limited to, uploading your user profile, participating in chats, using bulletin boards, and posting information. Anything that is contributed to the Website by you or other Website users will be referred to in these Terms as "User Content". noo is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of noo, agents, affiliates, employees, officers, directors, or shareholders. Users can be held liable for any illegal or prohibited User Content they provide to the Website, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Website, please notify us and we will investigate your claim and may then take the actions deemed appropriate.
4. Unacceptable User Content
noo reserves the right, but not the obligation, to refuse to post or to remove any User Content if it contains or features any of the following: "Unacceptable User Content":
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
- Excessive damage caused by business or service to person or property.
- User Content that is inappropriate based on the applicable subject matter.
- Language that violates the standards of good taste or the standards of this website, as determined by noo in its sole discretion.
- User Content determined by noo to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
- User Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
5. Violation of these Terms or Law
You understand and agree that in noo's sole discretion, and without prior notice, noo may terminate your access to the Website, cancel your ticket order or tickets acquired through your ticket order, or exercise any other remedy available and remove any unauthorized User Content, if noo believes that your conduct or the conduct of any person with whom noo believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through noo, violates or is inconsistent with these Terms or the law, or violates the rights of noo, a client of noo or another user of the Website. You agree that monetary damages may not provide a sufficient remedy to noo for violations of these Terms and you consent to injunctive or other equitable relief for such violations. noo is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of noo's rights.
6. Use Void Where Prohibited
Use of the Webite is void where prohibited. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
7. Proprietary Rights in Content/Copyright Infringement
are trademarks and service marks of TVI Designs (collectively the "noo Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to noo. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of noo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of noo Trademarks will inure to our benefit.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of noo. You further agree not to reproduce, duplicate or copy content and/or User Content from the Service without the express written consent of noo, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although noo does not claim ownership of User Content that its users post, by posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to noo an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, edit, translate, reformat and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content, you automatically grant noo all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Service by any party for any purpose. By posting submissions to the Website User grants noo an irrevocable right to publish your name in connection with User's submission.
If you believe that your work has been copied and posted on the Website without your permission or in any way that constitutes copyright infringement, please proceed by providing the following information to us:
- Detailed description of the copyrighted work that you claim has been infringed
- Detailed description of the source of infringement on the Website
- Your full contact information, including name, physical address, telephone number and e-mail address
- Acknowledgement that the questionable use of the copyrighted work is not authorized by you, your agent, or the law
- Statement and any applicable evidence of ownership of the copyrighted work in question
8. Events and Interactions
The noo.com website and content available through the Service may contain features and functionalities that may link you or provide you with information about, or access to, third party content or events which are completely independent of noo, including parties, events, concerts, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including attendance at any event, payment and delivery of goods or services (including any event tickets), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or attending any event or experience listed or promoted through the Service. You agree that noo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or your attendance at any such event or experience. noo has no control over these sites or the content within them. noo cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. noo does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you may not make any claim against noo for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.
9. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Website pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Website without the prior expressed written permission of noo.
10. Unauthorized Use of the Website
Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the Website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
You agree to defend, indemnify, save and hold noo harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with your use of the Website and its features. This includes liabilities asserted against noo, its subcontractors, its agents, its officers, and its employees, that may arise or result from any service provided or performed or agreed to be performed by or any product sold by you. You also agree to defend, indemnify, and hold harmless noo against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed at the Events.
13. No Waiver
The failure of a party to this Agreement to demand, less than strict performance of a provision shall not be constituted as a waiver of its right to enforce said provision and shall not create a course of dealing between the Parties. No waiver of either party, whether expressed or implied, of any provision of this Agreement or of any breach or default on either parties part, shall constitute a continuing waiver or a waiver of any other provision or provisions of this Agreement; and no such waiver shall prevent such party from enforcing any and all provisions of this Agreement or from acting upon the same or any subsequent breach or default under any provisions of this Agreement.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event that any provision contained in this Agreement shall be determined to be invalid, illegal or unenforceable in any respect for any reason, including, but not limited to operation of law, the validity, legality and enforceability of any such provision in every other respect and the remaining provisions of this Agreement shall not be impaired, and there shall be substituted for said invalid, illegal or unenforceable provision a provision that is as similar as possible and that is valid, legal and enforceable as is necessary to carry out the intent thereof.
By using the Services or attending any event or experience listed on, or promoted through, the Services, you agree to release, discharge and hold harmless noo (and our officers, directors, agents, affiliates subsidiaries, investors and employees) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on www.noo.com, your purchase or use of any ticket acquired through the Services, and your attendance at any event or experience listed on, or promoted through, the Service. If you are a California resident, you waive California Civil Code 1542, 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." This release includes, without limitation, any claim resulting from delay, the criminal acts of others.
16. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOO 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, TITLE AND NON-INFRINGEMENT. NOO 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) 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 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 INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. NOO DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, NOO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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. 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 SET FORTH ABOVE MAY NOT APPLY TO YOU.
17. Applicable Law, Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to Agreements made in said State without regard to the conflicts of law provisions thereof and any action brought in relation to the Agreement shall be brought exclusively in a Federal or State court in the City of New York. The parties to this Agreement each hereby irrevocably consent to the jurisdiction of such courts, and each party hereby waives any claim or defense that such forum is not convenient or proper. In addition, each party hereby waives any right to trial by jury with respect to any dispute, suit, action or proceeding arising out of or relating to this Agreement or otherwise relating to the relationship of the parties, whether in contract, tort or otherwise.
Last updated on September 23, 2008