Subscriber and Member Agreement
This Agreement sets forth the terms and conditions which apply to the use by you of the NEO Productions Sites (as defined below) and any other subscription product or service offered for sale by NEO Productions and/or its affiliates (collectively, “NEO Productions”). The right to use any product or service offered by NEO Productions is personal to you and is not transferable to any other person or entity.
The “NEO Productions Sites” shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by NEO Productions on the World Wide Web. The NEO Productions Sites consist of information services and content provided by NEO Productions, affiliates of NEO Productions, and third parties. The term “Community Areas” means the bulletin boards, chat rooms and other user participatory areas on the NEO Productions Sites.
NEO Productions shall have the right at any time to change or discontinue any aspect or feature of the NEO Productions Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Use of the NEO Productions Sites and the Community Areas
The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in NEO Productions’s sole judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with NEO Productions’s express prior written approval and only if the advertising or commercial solicitation complies with all conditions imposed by NEO Productions.
The NEO Productions Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the NEO Productions Sites are copyrighted as a collective work under the United States copyright laws. NEO Productions is the owner of the copyright in the entire NEO Productions Sites. NEO Productions owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the NEO Productions Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the NEO Productions Sites without the express written permission of NEO Productions and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the NEO Productions Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to NEO Productions and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to NEO Productions (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that NEO Productions in its sole discretion considers to be offensive.
You shall provide NEO Productions with accurate, complete and updated information provided by you at the time of registration.
The NEO Productions Sites contain links to other web sites, resources and advertisers. NEO Productions is not responsible for the availability of these
external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall NEO Productions. be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
The foregoing provisions of this Section 3 are for the benefit of NEO Productions, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
NEO Productions has carefully designed the NEO Productions Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the NEO Productions Sites in any way that interferes with that purpose.
In particular, NEO Productions prohibits any party from displaying the content on the NEO Productions Sites in any format where third party advertising or other materials that NEO Productions did not authorize is viewed or viewable together with NEO Productions ‘s proprietary content.
NEO Productions shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by NEO Productions from time to time. NEO Productions shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, NEO Productions shall have the right, but not the obligation, to remove any material that NEO Productions, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of NEO Productions, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither NEO Productions nor any of its affiliates shall assume or have any liability for any action or inaction by NEO Productions with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE NEO Productions SITES IS AT YOUR SOLE RISK. NEITHER NEO Productions, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE NEO Productions SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NEO Productions SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
THE NEO Productions SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEO Productions IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL NEO Productions OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE NEO Productions SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NEO Productions SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE NEO Productions SITES AND/OR THE COMMUNITY AREAS. NEO Productions’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO NEO Productions .
NEO Productions NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE NEO Productions SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED NEO PRODUCTIONS EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL NEO Productions BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE NEO Productions SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE NEO Productions SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEO Productions DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE NEO Productions SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEO Productions MAKES PRODUCTS OR SERVICES AVAILABLE ON THE NEO Productions SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER NEO Productions NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER NEO Productions NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE
TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE NEO Productions SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. NEO Productions IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless NEO Productions , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the NEO Productions Sites and/or the Community Areas.
NEO Productions shall have the right to immediately terminate this Agreement with respect to any user which NEO Productions , in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections Disclaimer of Warranty; Limitation of Liability, Indemnification, Termination, Trademarks, and Miscellaneous shall survive termination of this Agreement.
All trademarks appearing on the NEO Productions Sites are the property of their respective owners, including, in some instances, NEO Productions .
The Information We Collect
Through neoproductionseurope.com and NEO Productions’s websites, and other media, you can order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. You are able to visit much of this website and enjoy many NEO Productions’s publications and promotions without providing any personally identifiable information. Sometimes, however, we do need your personally identifiable information to provide you with the products and services that you request. The types of personally identifiable information that may be collected at these pages and elsewhere include, but are not limited to: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. At some NEO Productions’s sites and through certain promotions, you can submit information about other people. For example, you might submit a person’s name and e-mail address to send an electronic greeting card and, if you order a gift online or offline and want it sent directly to the recipient, you might submit the recipient’s name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient’s name, address, e-mail address, and telephone number.
For certain promotions, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the promotion’s activities and offerings. We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.
How We Use the Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about offerings, and to offer you other products, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.
If you choose to submit content for publication (e.g., a “letter to our editors”), we may publish your name, screen name, and other information you have provided to us.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services. We sometimes use the non-personally identifiable information that we collect to improve the design and content of our publications and websites and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Agents and contractors of NEO Productions who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for NEO Productions.
We may transfer your personally identifiable information to other NEO Productions offices for internal management and administrative purposes. Your personal data will be transferred to other NEO Productions offices where necessary for the performance or conclusion of our contractual obligations to you or for your benefit. Transfers of personally identifiable information may also be made where necessary for the establishment, exercise, or defense of legal claims. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice. Inadvertent disclosures may result, for example, when third parties misrepresent their identities in asking the site for access to personally identifiable information about themselves for purposes of correcting possible factual errors in the data.
If you prefer not to receive traditional mail or other off-line promotions from this or any other NEO Productions property or any companies not owned by NEO Productions, please email email@example.com.
If a NEO Productions site discloses personally identifiable information to companies not owned by NEO Productions who want to market products or services to you, it will provide you with an opportunity to opt out or block such uses. If you prefer not to receive online marketing information from companies not owned by NEO Productions please email firstname.lastname@example.org.
NEO Productions may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive online marketing information from this or any other NEO Productions site, please email email@example.com.
NEO Productions sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
Collection of Information by Third-Party Sites and Sponsors
Some of our sites contain links to other sites whose information practices may be different than ours. You should consult the other sites’ privacy notices, as we have no control over information that is submitted to, or collected by, these third parties.
NEO Productions sites sometimes may offer contests, sweepstakes, or promotions that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. NEO Productions has no control over the third-party sponsors’ use of this information. The NEO Productions site will notify you at the time of requesting personally identifiable information if third-party sponsors will obtain such information.
NEO Productions sites may use reputable third parties to present or serve the advertisements that you may see at its web pages and to conduct research about the advertisements. This privacy notice does not cover any use of information that such third parties may have collected from you or the methods used by the third-parties to collect that information (e.g., cookies, web beacons and clear gifs). For more information on the use of such third-parties, please email firstname.lastname@example.org.
To enhance your experience with our sites, many of our web pages use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
Our Commitment to Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.
Subscription Services; Products
(a) Subscription Services. NEO Productions makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by NEO Productions on the NEO Productions Sites (the “Subscription”):
The Subscription will continue until NEO Productions receives notification of termination from you as described in subsection C below. You authorize NEO Productions to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by going to the Subscription Summary accessible from the Smart Statement and following the directions listed. If you subscribed for a term of one (1) year or more, you will be notified by NEO Productions before the account designated by you is charged after the first term. Current fees may be obtained by going to the Smart Statement. You are responsible for any charges associated to connecting to the NEO Productions Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide NEO Productions with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
NEO Productions shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the NEO Productions Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.
You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
Either you or NEO Productions may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of NEO Productions in operating the NEO Productions Sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice by e-mail sent to email@example.com. Notice of termination will be effective upon receipt by NEO Productions. Without limiting the foregoing, NEO Productions shall have the right to immediately terminate this Agreement with respect to any user which NEO Productions, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections Disclaimer of Warranty; Limitation of Liability, Indemnification, Termination, Trademarks, and Miscellaneous shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by NEO Productions for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection of this Agreement in which you identify the termination as resulting from changed terms, NEO Productions shall make a pro rata refund to you.
(b) Products and Other Services. With respect to products and services offered for sale by NEO Productions and third parties or through the NEO Productions Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
This Agreement and any operating rules for the NEO Productions Sites and the Community Areas established by NEO Productions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Hessen, without regard to its conflict of laws rules. Any action relating in any way to the use of the NEO Productions Sites shall be brought only in a court of competent jurisdiction in the State of Hessen. By use of any NEO Productions Site you expressly agree to the jurisdiction and venue of the Superior Courts in and for the City of Wiesbaden, Hessen. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.