Last modified: September 10, 2024
The Site is owned and operated by Play Nice Together, Inc. ("PNT").
These terms and conditions describe your responsibilities and limit our liability, among other things. Please read it carefully before submitting a registration form or using the Site or any of the services offered on or through the Site.
Acceptance of Terms
PNT makes available to you on the Site certain text, photo, graphic, audio and/or video material (collectively, the "Materials") and various products and services and information about products, services, and events sponsored by PNT (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms"). By accessing or using this Site or by clicking a box that states you agree to the Terms, which includes your access to or use of any of the Services, you agree to be bound by the Terms. PNT reserves the right to change the Terms from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. If you do not agree to be bound by the Terms, do not use the Site or any of our Services.
Copyright
Copyright © Play Nice Together, Inc.. All Rights Reserved.
The Materials and Services on or offered through this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services is prohibited. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced, copied or distributed in any form or by any means without the prior written permission of PNT.
Consent to Aggregate Use of Information
In order to make various features and functions of Services and Materials available to participants, PNT may collect information about participants, including the information identified in our Privacy Policy. As a participant you hereby acknowledge and agree that PNT’s collection and use of such information, as set forth in the Privacy Policy, is not a breach of your or any other third-party’s privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. You hereby waive any and all such claims or rights of action described in the previous sentence, whether foreseen or unforeseen, so long as the information is collected, stored, and used in accordance with the Privacy Policy.
External Links
This Site may contain links to third-party Web sites that are not under the control of PNT. PNT makes no representations or warranties whatsoever about any other Web site to which you may have access through this Site. When you access such linked sites, you do so at your own risk and PNT is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource.
Warranties and Disclaimers
Use of this Site, the Materials, and/or the Services included herein and therein, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
Please be advised that PNT has not performed any background checks on or any other investigation, screening or verification of any persons registering for or participating any events listed on the Site and PNT takes no responsibility for the character, actions, omissions of any person attending or for anything that may occur or fail to occur at such events or at subsequent meetings between persons who meet at or by reason of an event listed on our Site.
All Materials and Services provided on or through this Site, including events operated by PNT, if any, are provided "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to any warranties of title or warranties of merchantability or fitness for a particular purpose. In no event shall PNT be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever arising out of or in connection with the use of this Site or of the Materials or Services, including participating in any PNT event.
You agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the Terms. You further agree that you will defend, indemnify, and hold harmless our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of our services, including any breach by you of these Terms.
PNT does not warrant that: (1) this Site or any Materials or Services will be uninterrupted or error free; (2) defects in the Site or any Materials or Services will be corrected; (3) this website or any Materials or Services will be free from viruses or other harmful components; or (4) any information contained in this Site, the Materials or the Services will be accurate or reliable.
Limitations on Liability
Notwithstanding anything to the contrary in the Terms, you are exclusively liable for any and all Submitted Content you transmit to the Site.
In no event shall PNT be liable for any breach in transaction security caused by a third-party arising out of or relating to any attempt to purchase products, merchandise, tickets or Services.
In no event shall PNT be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use of or inability to use this Site including, but not limited to, any transactions for products, tickets or Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PNT has been advised of the possibility of such damages.
Right to Refuse
PNT may, at its sole discretion (a) refuse to allow you register for the Site or to participate in any event anytime and/or (b) revoke your right to use this Site, for any reason, without explanation, effective upon verbal or written notice.
Miscellaneous Provisions
These Terms may be modified by PNT by posting the new terms and conditions in the same location the previous terms and conditions were posted.
PNT’s failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. In the event that a portion of these Terms is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
PNT will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of cause beyond the reasonable control of PNT.
This Site (excluding external links) is controlled by PNT from its offices within New York State. By accessing this Site, you agree that the statutes and laws of New York State, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site, any Materials or Services and these Terms. New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. PNT will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms.
The headings at the beginning of each of the paragraphs hereof are for reference only and shall not affect the meaning or construction of these Terms.