TERMS OF USE VERSION:2018-06-05
PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "I AGREE" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY NEON SKY CREATIVE MEDIA, INC. ("NEON SKY") SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT.
YOUR USE OF THE SITE AND THE SERVICES OFFERED BY NEON SKY CREATIVE MEDIA, INC. ("NEON SKY") CONSTITUTES ASSENT TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN, AND SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEBSITE.
NEON SKY CREATIVE MEDIA, INC. RESERVES THE RIGHT, AT ITS DISCRETION, TO MODIFY, ALTER OR UPDATE THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT PRIOR NOTICE. MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED. CONTINUED USE OF THE SITE AND SERVICES, AFTER AMENDMENTS ARE POSTED, CONSTITUTES AN ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT AND ITS MODIFICATIONS. EXCEPT AS PROVIDED IN THIS PARAGRAPH, THIS AGREEMENT MAY NOT BE AMENDED.
Description of Services
Neon Sky provides its Clients ("Users") with the use of the Portfolio Website, Site Manager, Color Manager, individually or collectively described as Services ("Services").
Access to Services
Subject to the terms and conditions of this Agreement, Neon Sky may offer to provide certain services. Services shall include, but not be limited to, use of the Portfolio Website, Site Manager, Color Manager as well as any services Neon Sky performs for User ("Services"). Neon Sky may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature, database, or content. Neon Sky may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to Neon Sky that if User is an individual (i.e., not a corporation or institution), User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Disclaimer of Warranties / Warranty Disclaimer
The Services are provided by Neon Sky on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Neon Sky makes no representations or warranties of any kind, express or implied, regarding the use or the results of these Services in terms of its correctness, accuracy, reliability, or otherwise. Neon Sky shall have no liability for any interruptions in the use of these Services. Neon Sky disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above limitations may not apply.
Ownership
By posting photographs or materials to the site, User is NOT transferring ownership of those photographs or materials to Neon Sky. Nor does payment of the Service Fee imply that ownership of the Services or any other tools or content created and owned by Neon Sky is being transferred to the User at any time for any reason.
Copyright and Trademark Information
The Portfolio Website, Site Manager, Color Manager and all other tools and content offered by Neon Sky are owned and operated by Neon Sky. All material is protected by U.S. Copyright laws, the international Berne Convention, the Universal Copyright Convention and other applicable laws. The Services and all other tools and content offered by Neon Sky are for the sole use of Neon Sky and its clients. Ownership of these tools is not transferable. No files may be moved to another server or downloaded for any reason at any time. Duplication of this application or any code therein is strictly prohibited. Use of any robot, spider or other automatic device or manual process to monitor or copy our website or the content or tools contained therein is strictly prohibited. All trademarks displayed are the trademarks of Neon Sky or their respective owners.
Limitation of Liability
In no event shall Neon Sky be liable with respect to the Services or loss of Services (I) for any amount paid by User for such services; or (II) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply.
Indemnification
User agrees to indemnify and hold Neon Sky, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorney's fees, from any claim or demand made by any third party due to or arising out of User's use of the Services, the violation of this Agreement, or infringement by User or any third party using the User's computer or account, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Neon Sky reserves the right to modify or discontinue the Services with or without notice to the User. Neon Sky shall not be liable to User or any third party should Neon Sky exercise its right to modify or discontinue the Services. User acknowledges and accepts that Neon Sky does not guarantee continuous, uninterrupted or secure access to our website and Services as they may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
User Warranty
User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that the User, and not Neon Sky, is entirely responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Services and related tools. Neon Sky does not control the Content posted via the Website and tools and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Neon Sky 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. As a condition of use, User agrees not to use the Services for any purpose that is unlawful or prohibited by this agreement.
User acknowledges that Neon Sky may or may not pre-screen Content, but that Neon Sky and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Services. Without limiting the foregoing, Neon Sky and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. User agrees to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
User acknowledges, consents and agrees that Neon Sky may access, preserve and disclose account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to User requests for customer service; or (e) protect the rights, property or personal safety of Neon Sky, its users and the public.
User understands that the technical processing and transmission of the Service, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. User understands that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Neon Sky and/or content providers who provide content to the Services. User may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
Restrictions
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Neon Sky user. User shall not use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity.
Fees/Payment
User's monthly Service Fee ("Service Fee") includes use of Neon Sky's Portfolio Website, Site Manager, Color Manager and other tools used to modify the content and style of the Website.
User's monthly Service Fee allows 10 GB of storage space on Neon Sky Creative Media Inc.'s server, and 20 GB of bandwidth per month. Use of the Services will be suspended if the allotted bandwidth and/or disk space is exceeded, or if User's account is not paid in full within 30 days of the invoice date.
Product Satisfaction Guarantee
Subject to the terms of this Agreement, User may cancel any Services User has paid for at any time by submitting a cancellation request to info@neonsky.com. Neon Sky will refund any of the fees paid for the timeframe after the cancellation occurs, within thirty (30) days of receiving a cancellation request. Any such refund will be credited to the payment source User last provided for purchase of the Service Fees. Additionally, refunds will only be issued to Users with no outstanding invoices.
Neon Sky will be entitled to rely on a cancellation request that appears legitimate and cancel the Services on that basis. Neon Sky's responsibility for improper cancellation is limited to reinstating User's access to the website and Services upon User's request. For the avoidance of doubt, under no circumstance will Neon Sky refund completed service periods. Neon Sky's Product Satisfaction Guarantee, as currently published herein, represents Neon Sky's sole obligation with respect to Service refunds.
Termination
Either party may terminate the Services at any time by notifying the other party by any means. Neon Sky may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of the User's account, User's right to use the Services, access their website and any Content will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
General Information
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Neon Sky shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Neon Sky's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User. Neon Sky may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina without regard to the conflict of laws provisions thereof. This Agreement constitutes the entire agreement between each User and Neon Sky. And governs each User's use of the Services, superseding any prior agreements. Each User may be subject to additional terms and conditions that may apply when that User uses affiliate services, third party content or third party software. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Neon Sky in any respect whatsoever.
CONTACT
PO Box 221513
Charlotte, NC 28222
704.377.4820