NYCNYE is an editorial guide for New Year's Eve events in New York City, featuring three distinct sections for browsing, planning and purchasing tickets.

NYCNYE.com (the "Web Site") is operated by TVI Designs and Funk This Entertainment ("NYCNYE").

1. Acceptance of Terms of Service

By using the Web Site and/or completing the registration process for our mailing list (the "Newsletter") and/or group planning service (the "Planning Service"), you agree to be bound by all of the terms and conditions within (the "Agreement").

The purpose of the Agreement is to outline the legally binding terms of your use of the Web Site. Please note that the terms of the Agreement may be modified by NYCNYE anytime and without prior notice. Should you have any additional questions or concerns regarding the Agreement, you can reach us by e-mailing privacy@nycnye.com.

2. Registration for Newsletter and Planning Service

By using the Web Site to register for the Newsletter and/or the Planning Service, you grant NYCNYE 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 Web Site.

3. Appropriate Use of Planning Service

The Planning Service is for personal use only and may not be used in conjunction with any commercial endeavors. You agree not to use any feature of the Planning Service for sending unsolicited junk mail ("Spam"). You may not use the distribution list created by you to send personal or commercial electronic communication to any person that has not granted you specific permission to be included in such a process.

NYCNYE reserves the right to immediately terminate your use of the Planning Service and to seek appropriate legal action if it receives qualified information pertaining to your utilization of the Planning Service for the purpose of sending Spam. If you have received Spam from a potential user of the Planning Service, please notify us immediately at abuse@nycnye.com.

4. Group Interaction

NYCNYE shall not be liable for your communication with any individuals through the Planning Service, both online and offline. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. NYCNYE is under no obligation to become involved in disputes between participants of the Planning Service.

5. Event Disclaimers

NYCNYE shall be responsible for publicizing information pertaining to New Year's Eve events in New York City (the "Events"). The Events will be held at New York City locations that are individually selected by NYCNYE for inclusion on the Web Site (the "Venues"). The Venues shall be responsible for providing accurate and complete information (the "Event Details") regarding the Events held at respectable Venues, and, if applicable, any photos, menus, maps, and ticket purchasing instructions. Under no circumstances will NYCNYE be responsible for maintaining the accuracy of Event Details.

The Venues shall be responsible for granting admission to their Events, given that you possess a valid e-ticket, form of identification and conform to the evening's dress code. If the Events have age restrictions, you are responsible for providing a valid form of identification. NYCNYE cannot guarantee entry to the Events if you do not adhere to the terms and conditions herein.

The Venues shall be responsible for naming handling charges that are added to the face value of each ticket purchased through the Web Site (the "Event Tickets").

6. Ticketing/Refunds

All ticket sales are final and non-transferable. Refunds, including handling charges, will only be issued in case the Event is fully cancelled. Your original receipt must be e-mailed to refunds@nycnye.com within 30 days of the Event for refund eligibility.

NYCNYE shall be responsible for maintaining the online ticketing interface (the "Ticket Center") that will be solely used for the purpose of selling Event Tickets. All Event Tickets will be published by NYCNYE in e-ticket format containing both Event-related and Buyer-related information.

You agree to defend, indemnify, save and hold NYCNYE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with payment processing downtime of major international forms of payment, including Visa, Mastercard, Discover, American Express and Paypal.

7. Proprietary Rights in Content/Copyright Infringement

NYCNYE owns and retains all proprietary rights in the Web Site and the Planning Service. The Web Site contains the copyrighted material, including links and compilations of individual data, trademarks and other proprietary information of NYCNYE and its licensors. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.

If you believe that your work has been copied and posted on the Web Site without your permission or in any way that constitutes copyright infringement, please proceed by providing the following information to NYCNYE:

• Detailed description of the copyrighted work that you claim has been infringed
• Detailed description of the source of infringement on the Web Site
• 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
  
  You can reach NYCNYE by e-mailing abuse@nycnye.com or mailing all required materials to 240 East 27th Street, Suite 6F; New York, NY 10016.

8. Privacy

Your rights to privacy on the Web Site shall be governed by the Web Site's privacy policy. You can e-mail privacy@nycnye.com with any questions or concerns.

9. Indemnification

You agree to defend, indemnify, save and hold NYCNYE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with your use of the Web Site and its features. This includes liabilities asserted against NYCNYE, 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 NYCNYE against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed at the Events.

10. Miscellaneous

This Agreement, accepted upon use of the Web Site and registration for Newsletter and/or Planning Service, contains the entire agreement between you and NYCNYE.

Nothing herein contained shall be construed as creating a partnership or joint venture between you and NYCNYE.

I have read the Agreement and agree to all of the provisions contained above.

Last modified on 11/16/04