NEHST
TERMS OF USE
Amended as of January 2, 2008
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The following 'Terms of Use Agreement' ("Agreement") govern use of www.NEHST.com website (the "Site") which is operated and maintained by NEHST Studios, LLC ("NEHST," "we," "us" or "our"). This Agreement also incorporates by reference the terms of NEHST's Privacy Policy.
All users of this Site agree that their access to and use of this Site is subject to the terms and conditions set forth in this Agreement and all applicable laws, and that any such access or use is undertaken at the user's own risk. NEHST reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the Site. All such changes to this Agreement will be effective immediately upon posting by NEHST. Your use of the Site will constitute your binding acceptance of this Agreement, amended from time to time.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE DO NOT USE THIS SITE.
The Site is maintained for your convenient access to information about NEHST, its products and services, as well as industry links, news and educational links in the entertainment industry. In addition, in certain instances, users with account information can order products online. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.
CONTENT
All content, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the "Content") used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, tradenames, service marks or otherwise protected property of NEHST, or licensed to NEHST and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., Content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. NEHST therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the "third-party sites"). NEHST does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by NEHST or imply that NEHST sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.
NEHST specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by NEHST or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure;and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations.
COPYRIGHT/INTELLECTUAL PROPERTY POLICY
NEHST respects the intellectual property of others, and we ask our users to do the same. NEHST may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others; however, NEHST has no responsibility for content on other websites that you may find or access when using NEHST's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms and conditions of this Agreement, govern your use of that material.
It is NEHST's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of NEHST and/or others.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the NEHST.com Site, with sufficient detail that we may find it on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
information, if possible, sufficient to permit NEHST to notify the owner/administrator of the allegedly infringing webpage or other content; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millenium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Copyright Agent:
By mail:
NEHST Studios, LLC
545 8th Avenue
Suite 401
New York, NY 10018
Attn: Alfred Nardeli
By phone:
(877) 286-7610
By fax:
(917) 591-6813
Attn: Alfred Nardeli
By e-mail:
info@nehst.com
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
PERMISSIONS
If you are seeking permission to use NEHST trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the administrative offices at info@nehst.com, not the copyright agent.
REGISTRATION OBLIGATIONS
You need not register in order to use our Site; however, in order to access some features of the Site, for example, to make a purchase or to submit material (e.g., reviews, comments or suggestions) to NEHST, you will have to register. You may never use another's account without permission.
You (or, if under eighteen (18) years of age, a parent or legal guardian) may register by completing the registration process [note: make link]. Submitting the registration form will signify your agreement that (a) all information provided in the form is complete, correct and accurate; (b) you will honor all charges incurred by you on your account; and (c) you will keep your Username and Password confidential and notify us immediately and in no event later than 24 hours of any unauthorized use of your account, or other breach of security. Once you have registered, you are responsible for the maintaining the security of your Username and Password and for updating your registration information as necessary. All Username and/or Password changes will be confirmed by a confirmation e-mail or via U.S. mail, at the user's request. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. You are solely responsible for any and all use of your account. Without limiting the foregoing, we reserve the right to terminate your account without prior notice, if your account information contains any untruthful or inaccurate information. Our collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy.[Note: insert link]
If applicable, NEHST will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on our Site. We will not knowingly collect personal information from visitors under thirteen (13) years of age for activities on our Site. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his or her registration or participation will be canceled immediately and all personal information will be deleted from our files.
PURCHASES
NEHST does not sell products for purchase by children. We may, however, sell children's products or products attractive to or usable by children for purchase by adults. Our Site is not intended for or directed to individuals under the age of eighteen (18). By purchasing goods from this Site, you agree that the offer and sale of these goods takes place in, and will be governed by the laws of, the State of New York. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state or federal courts located in New York County, New York and you consent to the exclusive jurisdiction and venue of such courts. All goods purchased on our Site are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.
Sales tax is applied to your NEHST.com order in accordance with the individual state and local regulations if your shipping address is in one of the following states: New York. For all international orders, customers are responsible for customs and import duties of the destination country.
This site is hosted by Yahoo! Store. Yahoo! hosts the store pages, ordering system, and order data. Yahoo! automatically collects order information but may only use this information in the aggregate. If you accessed this store through Yahoo! Shopping, Yahoo! also automatically collects information about your shopping experience. Please see privacy.yahoo.com for more information about how Yahoo! uses this information.
Please note: The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.
COMMENTS, FEEDBACK AND OTHER MATERIALS
You may submit comments, feedback, notes, messages, suggestions, ideas or other communications (collectively, the "Materials") on certain portions of our Site. However, you understand that any Materials sent or transmitted to or posted on our Site shall be deemed to be non-confidential and shall become and remain the sole property of NEHST. By submitting or sending Materials to us, you represent and warrant that such Materials (a) are original to you and that no other party has any rights to such Materials, (b) do not infringe upon or invade any right of privacy or publicity of, or constitute a libel, slander or any unfair competition against, or infringe upon or violate the intellectual property rights of any person or entity, and (c) are not illegal, obscene, threatening, abusive, defamatory, misleading, prejudicial or otherwise injurious to any third party or entity. Your submission of any such Materials shall constitute an assignment to NEHST of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Materials. You agree to indemnify, hold harmless and, at NEHST's option, defend NEHST from and against any claim or demand, including reasonable attorneys' fees and expenses, made by any party arising out of any Materials that you submit, transmit or post to the Site.
SECURITY
From time to time, we will use techniques designed to identify fraudulent activities, including, without limitation, credit card fraud. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
DISCLAIMER
You agree that your use and browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. NEHST DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES NEHST WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS IS" and "AS AVAILABLE." NEITHER WE, NOR OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, NEHST CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER NEHST, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON OR TO THE WEBSITE; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF NEHST OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL NEHST, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF NEHST, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. NEHST, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.
You specifically acknowledge and agree that NEHST and its officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while NEHST intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.
We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.
NEHST'S LIABILITY
NEHST is in the business of financing, producing and distributing content.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any registration information or Materials submitted by you on the Site.
NEHST cannot guarantee and does not promise any specific results from use of NEHST.com. No products purchased or advice or information, whether oral or written, obtained from NEHST or through or from NEHST.com shall create any warranty not expressly stated herein.
INDEMNITY
You agree to defend, indemnify, and hold harmless NEHST, its subsidiaries, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site or any products purchased from the Site, or (iii) your breach of the terms of this Agreement.
RESTRICTIONS ON USE OF MATERIAL
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at the address provided below. If permission is granted by NEHST and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.
USER'S GRANT OF LIMITED LICENSE
By communicating with NEHST, including submitting or sending Materials or other information or material to the Site, you grant NEHST the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, print, edit, modify, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Materials (in whole or part) and license others to use and/or distribute or otherwise use, reproduce and exploit the Materials, including any information, suggestions, ideas, drawings or concepts contained in such Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose, commercial or otherwise, with or without attribution to you, notice or compensation. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to NEHST. You represent and warrant that by submitting the Materials you agree to waive any "moral rights" you may have in the Materials.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and NEHST, and in connection with NEHST's exercise of any other rights granted hereunder as NEHST determines in its sole discretion. You hereby release NEHST from and against any and all claims, damages or liabilities arising from or relating to the use of such Materials, image, photo, likeness, voice and performance as set forth in this Agreement.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEHST, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
GOVERNING LAW
The terms of this Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York.
For more information on Customer Service Policies call (877) 286-7610 during normal business hours.
© 2007 NEHST Studios, LLC. ALL RIGHTS RESERVED.
nehststudios@yahoo.com
Amended as of January 2, 2008
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The following 'Terms of Use Agreement' ("Agreement") govern use of www.NEHST.com website (the "Site") which is operated and maintained by NEHST Studios, LLC ("NEHST," "we," "us" or "our"). This Agreement also incorporates by reference the terms of NEHST's Privacy Policy.
All users of this Site agree that their access to and use of this Site is subject to the terms and conditions set forth in this Agreement and all applicable laws, and that any such access or use is undertaken at the user's own risk. NEHST reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the Site. All such changes to this Agreement will be effective immediately upon posting by NEHST. Your use of the Site will constitute your binding acceptance of this Agreement, amended from time to time.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE DO NOT USE THIS SITE.
The Site is maintained for your convenient access to information about NEHST, its products and services, as well as industry links, news and educational links in the entertainment industry. In addition, in certain instances, users with account information can order products online. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.
CONTENT
All content, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the "Content") used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, tradenames, service marks or otherwise protected property of NEHST, or licensed to NEHST and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., Content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. NEHST therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the "third-party sites"). NEHST does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by NEHST or imply that NEHST sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.
NEHST specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by NEHST or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure;and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations.
COPYRIGHT/INTELLECTUAL PROPERTY POLICY
NEHST respects the intellectual property of others, and we ask our users to do the same. NEHST may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others; however, NEHST has no responsibility for content on other websites that you may find or access when using NEHST's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms and conditions of this Agreement, govern your use of that material.
It is NEHST's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of NEHST and/or others.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the NEHST.com Site, with sufficient detail that we may find it on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
information, if possible, sufficient to permit NEHST to notify the owner/administrator of the allegedly infringing webpage or other content; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millenium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Copyright Agent:
By mail:
NEHST Studios, LLC
545 8th Avenue
Suite 401
New York, NY 10018
Attn: Alfred Nardeli
By phone:
(877) 286-7610
By fax:
(917) 591-6813
Attn: Alfred Nardeli
By e-mail:
info@nehst.com
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
PERMISSIONS
If you are seeking permission to use NEHST trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the administrative offices at info@nehst.com, not the copyright agent.
REGISTRATION OBLIGATIONS
You need not register in order to use our Site; however, in order to access some features of the Site, for example, to make a purchase or to submit material (e.g., reviews, comments or suggestions) to NEHST, you will have to register. You may never use another's account without permission.
You (or, if under eighteen (18) years of age, a parent or legal guardian) may register by completing the registration process [note: make link]. Submitting the registration form will signify your agreement that (a) all information provided in the form is complete, correct and accurate; (b) you will honor all charges incurred by you on your account; and (c) you will keep your Username and Password confidential and notify us immediately and in no event later than 24 hours of any unauthorized use of your account, or other breach of security. Once you have registered, you are responsible for the maintaining the security of your Username and Password and for updating your registration information as necessary. All Username and/or Password changes will be confirmed by a confirmation e-mail or via U.S. mail, at the user's request. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. You are solely responsible for any and all use of your account. Without limiting the foregoing, we reserve the right to terminate your account without prior notice, if your account information contains any untruthful or inaccurate information. Our collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy.[Note: insert link]
If applicable, NEHST will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on our Site. We will not knowingly collect personal information from visitors under thirteen (13) years of age for activities on our Site. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his or her registration or participation will be canceled immediately and all personal information will be deleted from our files.
PURCHASES
NEHST does not sell products for purchase by children. We may, however, sell children's products or products attractive to or usable by children for purchase by adults. Our Site is not intended for or directed to individuals under the age of eighteen (18). By purchasing goods from this Site, you agree that the offer and sale of these goods takes place in, and will be governed by the laws of, the State of New York. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state or federal courts located in New York County, New York and you consent to the exclusive jurisdiction and venue of such courts. All goods purchased on our Site are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.
Sales tax is applied to your NEHST.com order in accordance with the individual state and local regulations if your shipping address is in one of the following states: New York. For all international orders, customers are responsible for customs and import duties of the destination country.
This site is hosted by Yahoo! Store. Yahoo! hosts the store pages, ordering system, and order data. Yahoo! automatically collects order information but may only use this information in the aggregate. If you accessed this store through Yahoo! Shopping, Yahoo! also automatically collects information about your shopping experience. Please see privacy.yahoo.com for more information about how Yahoo! uses this information.
Please note: The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.
COMMENTS, FEEDBACK AND OTHER MATERIALS
You may submit comments, feedback, notes, messages, suggestions, ideas or other communications (collectively, the "Materials") on certain portions of our Site. However, you understand that any Materials sent or transmitted to or posted on our Site shall be deemed to be non-confidential and shall become and remain the sole property of NEHST. By submitting or sending Materials to us, you represent and warrant that such Materials (a) are original to you and that no other party has any rights to such Materials, (b) do not infringe upon or invade any right of privacy or publicity of, or constitute a libel, slander or any unfair competition against, or infringe upon or violate the intellectual property rights of any person or entity, and (c) are not illegal, obscene, threatening, abusive, defamatory, misleading, prejudicial or otherwise injurious to any third party or entity. Your submission of any such Materials shall constitute an assignment to NEHST of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Materials. You agree to indemnify, hold harmless and, at NEHST's option, defend NEHST from and against any claim or demand, including reasonable attorneys' fees and expenses, made by any party arising out of any Materials that you submit, transmit or post to the Site.
SECURITY
From time to time, we will use techniques designed to identify fraudulent activities, including, without limitation, credit card fraud. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
DISCLAIMER
You agree that your use and browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. NEHST DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES NEHST WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS IS" and "AS AVAILABLE." NEITHER WE, NOR OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, NEHST CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER NEHST, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON OR TO THE WEBSITE; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF NEHST OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL NEHST, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF NEHST, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. NEHST, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.
You specifically acknowledge and agree that NEHST and its officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while NEHST intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.
We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.
NEHST'S LIABILITY
NEHST is in the business of financing, producing and distributing content.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any registration information or Materials submitted by you on the Site.
NEHST cannot guarantee and does not promise any specific results from use of NEHST.com. No products purchased or advice or information, whether oral or written, obtained from NEHST or through or from NEHST.com shall create any warranty not expressly stated herein.
INDEMNITY
You agree to defend, indemnify, and hold harmless NEHST, its subsidiaries, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site or any products purchased from the Site, or (iii) your breach of the terms of this Agreement.
RESTRICTIONS ON USE OF MATERIAL
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at the address provided below. If permission is granted by NEHST and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.
USER'S GRANT OF LIMITED LICENSE
By communicating with NEHST, including submitting or sending Materials or other information or material to the Site, you grant NEHST the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, print, edit, modify, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Materials (in whole or part) and license others to use and/or distribute or otherwise use, reproduce and exploit the Materials, including any information, suggestions, ideas, drawings or concepts contained in such Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose, commercial or otherwise, with or without attribution to you, notice or compensation. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to NEHST. You represent and warrant that by submitting the Materials you agree to waive any "moral rights" you may have in the Materials.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and NEHST, and in connection with NEHST's exercise of any other rights granted hereunder as NEHST determines in its sole discretion. You hereby release NEHST from and against any and all claims, damages or liabilities arising from or relating to the use of such Materials, image, photo, likeness, voice and performance as set forth in this Agreement.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEHST, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
GOVERNING LAW
The terms of this Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York.
For more information on Customer Service Policies call (877) 286-7610 during normal business hours.
© 2007 NEHST Studios, LLC. ALL RIGHTS RESERVED.
nehststudios@yahoo.com
