1. ACCEPTANCE OF TERMS
2night.com is a service provided by 2night Entertainment Corp. ("2night", "we",
"us" or "our"). The service provided to you is subject to this Terms of Service
agreement ("TOS" or "Agreement"), which may be updated from time to time by us without
notice to you. You can review the most current version of the TOS at any time by
clicking on the "Terms of Service" link located at the bottom of our Web pages.
Before accessing or using 2night.com you are agreeing to be bound by this Agreement.
By using 2night.com you represent and warrant that you are of legal drinking age
in your country of residence and also disclaim to be offended or injured by the
contents of the pictures or advertising.
2. DESCRIPTION OF SERVICE
2night.com (or "Service") is an online local entertainment and social network Web
site (collectively, including all contents available through the 2night.com domain
and sub-domains, the "Site"). You understand and agree that the Service is provided
"AS IS" without warranty of any kind. Any use of the service is at your own risk.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract. You also agree to: (a) provide true, accurate, current
and complete information about yourself and (b) maintain and promptly update the
information to keep it true, accurate, current and complete. 2night have the right
to suspend or terminate your account without prior notice and refuse the use of
the Service or any portion thereof.
Registration Data and other information submitted by you are subject to our Privacy
through your use of the Service you consent to the collection and use (as set forth
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your account password
and are fully responsible for all activities that occur under your account or password.
You agree to (a) immediately notify 2night of any unauthorized use of your account
or password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. 2night cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, 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 you, and not 2night, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. 2night does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will 2night
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 Service.
You agree to not use the Service to (a) upload, post, email, transmit or otherwise
make available (or "Submit") any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Submit any Content that you do not have a right to make available 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); (c) Submit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party; (d) Submit any unsolicited or unauthorized advertising, promotional
materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other
form of solicitation, except in those areas (such as classifieds) that are designated
for such purpose; (e) Submit any material that contains software viruses 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;
and/or (f) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service.
You acknowledge that 2night may or may not pre-screen Content, but that 2night and
its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, move, or remove any Content that is available via the Service.
Without limiting the foregoing, 2night and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that 2night may access, preserve, and disclose
your 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 TOS; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of 2night, its
users and the public.
7. CONTENT SUBMITTED
With respect to Content you Submit, you represent and warrant that you own, or have
the necessary licenses, consents, permissions, and rights to use and to authorize
2night to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part).
You agree to indemnify and hold harmless 2night, its officers, directors, agents,
employees, subsidiaries and affiliates from any claim, suit, action, demand, loss,
and damages, including without limitation attorneys' fees, costs, and expenses,
made or incurred by any third party arising out of or relating to your use of the
Service, any content that you upload, your use of content accessed from the Site
or Service, your violation of this agreement, and/or your violation of any third-party
9. MODIFICATIONS TO SERVICE
2night reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that 2night shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that 2night may, under certain circumstances and without prior notice,
immediately terminate your account, and access to the Service. Case for such termination
shall include, but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended periods of inactivity,
(g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with the Services.
11. ADVERTISEMENT AND LINKS
The Service may provide, or third parties may provide, links to other Web sites
or resources. Because 2night has no control over such sites and resources, you acknowledge
and agree that 2night is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that 2night shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
12. 2NIGHT.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by 2night or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
2night grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by 2night for use in accessing the Service.
13. TRADEMARK NOTICES
2NIGHT.COM, 2night.com logo, NIGHTLIFE AROUND THE PLANET, and WHERE THE WORLD SEES
YOU, are trademarks and service marks of 2night Entertainment Corp. (the "2night
Marks"). Without 2night's prior permission, you agree not to display or use in any
manner, the 2night Marks.
Please report any violations of the TOS by email to email@example.com