Terms of Use & Privacy | Native Nation Events

PRIVACY POLICY

EFFECTIVE DATE: MAY 19, 2016

1. INTRODUCTION

1.1. PURPOSE OF POLICY. Native Nation Events dba nativenation.tekark.com (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its visitors and users of this website (the “Site”). We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the Site, and to demonstrate a commitment to fair information practices and the protection of privacy.

2. INFORMATION COLLECTION PRACTICES

2.1. WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE COLLECT?

(a) Categories of Personally Identifiable Information. We collect personally identifiable information from you only if you sign up for a newsletter or contact us including:

Your name,

Your email address, and

Message details you send with inquiries.

(b) Modification or Removal Process. Please contact us if you wish to modify your information.

(c) Privacy Policy Modifications and Updates. We may update and modify this Privacy Policy. If we modify or update the policy, we will post a notice on the Site for 30 days prior to the change going into effect.

(d) Effective Date: The effective date of this new privacy policy shall be May 19, 2016.

(e) Do Not Track Signals. We do not currently honor “do not track” signals issued by browsers or other third party sources.

(f) Third Party Tracking: As a matter of transparency, we’ve decided to disclose to you whether third parties can acquire and track your personally identifiable information through our website. Google and other sites listed below can track you through this Site as we use their services for social media and infrastructure purposes. Google participates in the NIA opt out program. You can visit this link to no longer be tracked by Google and Google properties such as Google Plus. You can also visit the following sites to read their privacy policies and how they track individuals across the web:

You can use programs such as Privacy Badger to further control the collection of information regarding you online.

(g) California Eraser Law. We comply with the California eraser law. To the extent you are a minor and wish to have any content you’ve posted to the Site removed, please contact us using the Contact link in the footer of the Site to make the request. Please note the removal of this content from the Site does not mean it will be removed from the web as search engines, archive websites and other platforms may have copied the content in question.

2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?

(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous aggregate “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(b) COOKIES. We may use “cookies” to store a small piece of data on your computer during your visit to collect information. The cookies are used to gain information on how you use the web, which we try to incorporate into the Site to improve your experience.

3. USE AND SHARING OF INFORMATION

3.1. WHAT DOES COMPANY DO WITH COLLECTED INFORMATION?

(a) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. Examples of such services include, but are not limited to, third parties providing email facilitation and hosting. However, please note that if you leave the Site and purchase a product or service we promote, the company you purchase from will notify us of the purchase as well as certain identifying information for you. We do not share this information with others.

(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis. Your personal information will not be detailed in this aggregate data.

(c) USE OF COOKIES. We use information obtained from cookies to analyze your use of the Site and to make appropriate adjustments.

(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.

(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our Company or other companies or assets, including the information collected through this Site and from orders of our product including your customer information. If Company or substantially all of its assets are acquired by a third party, your personally identifiable information will be one of the assets transferred to the acquirer.

(f) DMCA CLAIM DISCLOSURES. We comply with the Digital Millennium Copyright Act of 1998, better known as the “DMCA”. Should we receive a claim of copyright infringement, we will comply with the safe harbor requirements of the DMCA. Part of that compliance may require the disclosure of your identity if you are either the allegedly infringing party or the party filing the copyright infringement complaint.

4. SECURITY

The Site has reasonable security measures in place such as Secure Sockets Layer protocols to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

5. SITE AREAS BEYOND COMPANY’S CONTROL

5.1. THIRD PARTY WEBSITES

The Site contains links to and interfaces with third party websites and online platforms. These websites and online platforms have established their own terms of use and privacy policies. You are encouraged to read those documents as we have no control over their provisions and said documents may differ greatly from our terms and privacy policy.

6. CONTACT INFORMATION AND POLICY UPDATES

6.1. CONTACTING US

If you have any questions about this Policy, our practices related to this Site, please use the contact form for the Site. You can locate it by clicking the “Contact” link in the footer of the Site.

TERMS OF USE OF nativenation.tekark.com

LAST MODIFIED: May 19, 2016

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at http://www.nativenationevents.org (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Native Nation Events (“Company”) from time to time. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York, New York in all disputes arising out of or related to the use of the site.

4. AGE. The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.

5. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

6. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

8. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.

10. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

11. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

13. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

19. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of New York. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York and the United States.

20. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:

(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.