PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The PlanMyDateNewYork.com Web site (the “Web Site” or “PlanMyDateNewYork.com”) is provided by Plan My Date New York and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Plan My Date New York. By using this site, you are deemed to have agreed to these terms and conditions of use. Plan My Date New York may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on PlanMyDateNewYork.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
User Conduct:
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a ” Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Plan My Date New York reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, ” Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
* “Stalk” another;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, a Plan My Date New York official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
* Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
* Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
* Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
* Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Plan My Date New York is not responsible for material submitted to Plan My Date New York or posted to the Web Site by users. Plan My Date New York does not pre-screen, monitor, review or edit the Content posted by users. However, Plan My Date New York and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Plan My Date New York’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Plan My Date New York is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Plan My Date New York. You agree to immediately notify Plan My Date New York of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Plan My Date New York may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Plan My Date New York, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Plan My Date New York assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to PlanMyDateNewYork.com
Any or all Content on the Web Site may be purged periodically in Plan My Date New York’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Plan My Date New York or submitted to Plan My Date New York, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Plan My Date New York, and Plan My Date New York does not support or endorse Content (including any Contribution, whether or not edited by Plan My Date New York or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Restrictions On Use of Material:
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web 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 of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address. If permission is granted by us 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.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
Unsolicited Materials:
In operating this site, Plan My Date New York does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Plan My Date New York mail and email addresses, or in any other way. Any information or material submitted or sent to Plan My Date New York, will be deemed not to be confidential or secret. By submitting or sending information or other material to Plan My Date New York you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant Of Limited License:
By communicating with Plan My Date New York, including submitting or sending Content, a Contribution or other information or material to PlanMyDateNewYork.com, you grant Plan My Date New York the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Plan My Date New York feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Plan My Date New York.
You also warrant that any “moral rights” in posted materials have been waived.
Linked Sites:
You may be able to link to third parties’ Web Sites (“Linked Sites”) from the Plan My Date New York web site. Linked Sites are not, however, reviewed, controlled, or examined by Plan My Date New York in any way and Plan My Date New York is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Plan My Date New York’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Plan My Date New York be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Plan My Date New York reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to PlanMyDateNewYork.com. To seek our permission, you may CONTACT US. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Contests, Promotions, Simulations or Games:
From time to time, Plan My Date New York may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Contests”). To participate in Contests, subscribers may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Plan My Date New York. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Contest, unless the description of the Contest expressly invites a user to register multiple times. Plan My Date New York, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Plan My Date New York and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Contest located on, or accessed through, the Web Site. Plan My Date New York is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Contest and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Contest is conducted, are subject to immediate disqualification and revocation of their registration. Plan My Date New York is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Contest may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Contest.
Plan My Date New York reserves the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.
Intellectual Property Rights:
All materials contained in this Web Site are the copyrighted property of Plan My Date New York and its affiliates or licensors. As between Plan My Date New York and you, Plan My Date New York is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Parental Permission:
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Plan My Date New York may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Plan My Date New York may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Purchases, Refund, & Credit Policy:
You agree that all information that you provide in connection with your purchase will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of event or itineraries and reservations to ANY event or itinerary may be regulated by certain state, county, and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing events or itineraries. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase events or itineraries on the Site. You grant Plan My Date New York the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All prices for events and itineraries occur in theUnited Statesare stated in U.S. Dollars.
Plan My Date New York acts as the agent to those who are promoting or otherwise providing the events for which you purchase events and itineraries. When you purchase an itinerary or an event that is located in theUnited States, then Plan My Date New York will be handling the transaction and collecting payment for the Event and Itinerary Provider, and if the event or itinerary are sent they will be sent from theUnited States. Events and Itineraries obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
Plan My Date New York sells events and itineraries on behalf of our partners and affiliates which means Plan My Date New York does not set the event and itinerary prices. Plan My Date New York does not control the inventory or its availability.
If you do not receive a confirmation number (in the form of a confirmation page or email or internal messaging) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Plan My Date New York Customer Service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Plan My Date New York will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Events and Itineraries purchased on planmydatenewyork.com are NON-REFUNDABLE and all sales are FINAL. In some cases, delivery prices may apply. If you fail to attend and show up to an event or itinerary you purchased, no refunds or credits will be issued. Failure to attend & show up to an event or itinerary are NON-REFUNDABLE and all sales are FINAL in such a case. You are responsible to notify and inform Plan My DateNew York&/or its partners &/or its affiliates if you are not able to attend or show up to an event or itinerary purchased and reserved. Please notify our partners and affiliates associated with the purchase of the event &/or itinerary purchased, and notify Plan My Date New York with the use of the CONTACT US form or the internal messaging system to notify and inform us of such developments. Failure to attend & show up to an event or itinerary are NON-REFUNDABLE and all sales are FINAL.
Events and Itineraries may typically impose a limit per customer, credit card, address, or other information in order to provide access to as many people as possible. Limits vary depending on the type of an event or itinerary and demand. Please adhere to published limits, if any. If we determine that a limit has been exceeded, we may cancel an order, or part of an order, without notice, or cancel an order that has already been delivered, rendering it null and void without notice.
Once the recipient accepts an event or itinerary transfer, the sender’s event or itinerary are invalid. If an event or itinerary is canceled or rescheduled, only the original purchaser will be eligible for a refund.
Cancelled and Rescheduled Events and Itineraries, if this should occur, we will attempt to contact you to inform you of refund or exchange procedures for that concert. If your event or itinerary was canceled or rescheduled, and you purchased your event or itinerary through a partner or affiliate link directed to the partner or affiliate web site, in most cases you won’t need to do a thing. You should be informed of the cancellation or reschedule date &/and refunded the amount you paid including all fees (except UPS and retail pickup, and other fees that may apply on certain purchases) on the same payment method used for purchase from the partner or affiliate web site services through which you purchased the event or itinerary directly through their web site and NOT through Plan My Date New York.
Can’t make it? The decision to issue refunds for rescheduled/postponed events and itineraries is up to the individual partner and affiliate web site service provider, but we’ll do everything we can to help! Use the CONTACT US form or internal messaging system to notify and contact us.
Before purchasing events or itineraries, carefully review your event or itinerary and ALL INFORMATION such as seat selection. Policies set forth by our partners and affiliates generally prohibit Plan My Date New York from issuing exchanges or refunds after an event or itinerary has been purchased or for lost, stolen, damaged or destroyed events or itinerary confirmation(s).
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the events and itineraries you purchased. Without limiting the generality of the foregoing, you will not contact Plan My Date New York to seek a refund or exchange from Plan My Date New York when Plan My Date New York is prohibited fromproviding one by its partners and affiliates, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase events or itineraries from the Plan My Date New York, our Partners, and our Affiliates. Should you do so, your event or itinerary may be cancelled, and Plan My Date New York may, in its sole discretion, refuse to honor pending and future event or itinerary purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Plan My Date New York web site.
If we issue you a refund for an event or itinerary, we will issue a refund of the face value paid (or, if a discounted event or itinerary, then instead the discounted event or itinerary price paid), all service fees and any convenience charge, unless the event or itinerary was sold through a Partner or Affiliate web site directly and NOT through Plan My Date New York web site. In no event will delivery charges or any other amounts be refunded. For event or itinerary insurance refunds, please contact insurance provider. If a refund is issued, it will be issued using the same method of payment that was used to purchase the event or itinerary. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Plan My Date New York will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event or itinerary.
Billing Information Verification Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an event or itinerary order that can delay processing and delivery. In these cases, Plan My Date New York customer service will attempt to contact you, using the information provided at the time of purchase. If Plan My Date New York is unable to reach you after its initial attempt, Plan My Date New York may cancel your order and may sell your event or itinerary to another customer without further notice.
Unlawful Re-Sale of Events and Itineraries for Commercial Purposes Unlawful resale (or attempted resale), counterfeit or copy of events or itineraries is grounds for seizure and cancellation without compensation. In addition, Plan My Date New York reserves the right to restrict or deny event and itinerary purchasing privileges to anyone that Plan My Date New York determines to be, or has been, in violation of this policy. Because Plan My DateNew York does not guarantee the authenticity of events and itineraries purchased from any non-authorized third party reseller (such as brokers or individuals), Plan My Date New York recommends that you purchase events and itineraries directly through Plan My Date New York, our authorized partners and affiliates only. Events and Itineraries may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by Plan My Date New York or its partners and affiliates.