NLC offers an online tool to coordinate and manage large-scale events on an event-specific or group-specific basis. Users must register in order to participate in specific events or groups. The Services include the Website, which may be located on third party servers or incorporating parts of third party websites and third party mobile applications, and which may interact with or incorporate other third-party services. NLC is not legally responsible for, and does not warrant, represent or guarantee any websites, services, information or anything else provided by third parties. The Services may include advertisements, which may be targeted or general, and other information. The types and extent of advertising by NLC are subject to change at any time. In consideration for granting you access to and use of the Services, you agree that NLC and its third party service providers and advertisers may place such advertising on the Services or in connection with the display of certain information on the Website.
2. User Content; Use of the Service; User Conduct
You (and not NLC) shall be entirely responsible for your use of the Services and all Content that you upload, post, email or otherwise transmit using the Website or the Services. NLC does not warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that could be offensive, harmful, misleading, deceptive or otherwise inappropriate or inaccurate. Under no circumstances will NLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
1. Upload, post, email or otherwise transmit any Content that, under the circumstances in NLC’s judgment is, or is likely to be perceived by an intended recipient or target as, unlawful, harmful, threatening, violent, abusive, harassing, “stalking,” tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Use the Services to track another user for any reason not related to a registered event;
3. Impersonate any other person or entity in a manner that can mislead, confuse, or deceive other users, or otherwise misrepresent your affiliation with a person, educational institution or other entity;
4. Organize an event that is illegal, or causes any injury or damage to persons or property;
5. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships, or that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any person or entity;
6. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any person, or spam several email lists with the same message;
7. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt use or enjoyment of the Website or any Services or servers or networks connected to the Website or the Internet, or disobey any requirements, procedures, policies or regulations of those networks;
9. Circumvent or modify (or helping any other person to circumvent or modify) any security or use restrictions of the Website or Services; or
10. Otherwise use the Website or Services in a manner inconsistent with or contrary to any and all applicable laws, rules and regulations.
Violating any of the above restrictions regarding Content may result in your Content being deleted, your suspension or termination from using the Services, and your indemnifying NLC for any damages as set forth in the Indemnity section below.
3. No Use By Children
The Website and Services available herein are only available to persons 13 years of age and older. Children under the age of 13 are strictly prohibited from using this Website and the Services hereon.
4. Termination; Discontinuance; Modification
You acknowledge and agree that NLC has the right at any time and in such frequency as it determines to modify, discontinue, or terminate the Services, in whole or part, with or without notice to you. You further acknowledge and agree that NLC shall not be liable to you or any third party for any such modification, discontinuance, or termination of the Services for any reason.
5. Copyright; License; Information
All materials on the Website, including but not limited to the design, text, search results, graphics, pictures, maps and other files, any software used to operate the Website, and the selection, arrangement and compilation of information (collectively, the “Materials”) but excluding the Content submitted by you or other users, are copyrighted by and/or proprietary to NLC and/or its licensors, ALL RIGHTS RESERVED. By accessing or using the Website, you are hereby granted a limited, non-assignable, non-sublicensable, and nonexclusive license to access and use this Website and Services therein for your personal use only. You may not reproduce or republish the Materials in any way without our express written permission. We expressly reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Materials and/or to prevent or block you from future access or use of the Materials related thereto.
7. Links to and Use of Other Websites
8. Disclaimer of Liability for Third Party Content or Actions
NLC may republish (but is not the author of) content supplied by third parties or other users of the Website. Any and all opinions, advice, statements, services, offers or other information expressed or made available by third parties are those solely of the respective author(s) or distributor(s), not NLC. NLC does not endorse or approve, nor are we responsible for the accuracy, reliability or currency of any opinion, advice, statement or otherwise made by any third party or on any third party website.
If you should have a dispute with a third party, NLC is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
NLC disclaims all legal responsibility in law and equity for ANY INJURIES OR DAMAGES RESULTing from your participation in any event or group.
9. Limited Warranties and Disclaimers
THE WEBSITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE MATERIALS AND/OR THE SERVICES AND THE INFORMATION FOUND THEREON IS AT YOUR SOLE RISK. NLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO ANY MATERIALS, INFORMATION OR OTHERWISE THROUGH THE SERVICES. NLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE THROUGH THE SERVICES ARE ACCURATE, COMPLETE OR ERROR-FREE. NLC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO INFORMATION, TEXT OR OTHERWISE.
NLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, PARENTS AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR, AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES AND ANY MATERIALS ACCESSED, VIA DOWNLOAD OR OTHERWISE, FROM THE SITE OR OTHERWISE FROM THE SERVICES.
ANY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION, RECORDS, MAPS, REPORTS, AND RESEARCH, ACCESSED, VIA DOWNLOAD OR OTHERWISE, THROUGH THE SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.
NLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS AND (iii) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NLC, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE WEBSITE, OR ANY CONTENT, MATERIALS OR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NLC AND ITS SERVICE PROVIDERS TO YOU EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS (US$50.00) OR THE AMOUNT YOU PAID NLC FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT NLC OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY OTHER REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, SOME OF THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW IT.
With respect to any litigation based on, arising out of, or in connection with the use of the Website, the Services or the Materials, the parties hereby expressly submit to the exclusive personal jurisdiction of the State of Ohio courts located in Franklin County, or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.
Regardless of any statute, law, regulation or otherwise to the contrary, any claim or controversy arising out of or related to the use of the Services or Website must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall result in such claim being forever barred.
13. Trademarks and Service Marks
NLC and any and all of our logos related thereto are either trademarks or service marks of NLC. Any and all logos of third parties that may be on or available through the Website are the trademarks or service marks of the respective third parties. Any such trademarks or service marks of NLC or third parties shall not be copied, imitated or used in whole or in part without prior written consent of the trademark owner. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of NLC or a third party and you shall not copy, imitate or use the same in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Website does not constitute or imply any endorsement, sponsorship, recommendation, approval or otherwise by or of NLC.
14. Copyright Infringement Issues
NLC respects the intellectual property of others, and we require that you and all of our other users to do the same. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide NLC’s Designated Agent, Bricker & Eckler LLP, the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed, including any copyright registration numbers;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your full name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NLC’s Designated Agent for notice of claims of copyright infringement on the Service is Bricker & Eckler LLP who can be reached as follows:
By mail: NLC Copyright Agent
Bricker & Eckler LLP
100 S. Third Street
Columbus, OH 43215
By email: [email protected]