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NightlifeAlerts.com's Terms and Conditions of Use of Web Site and Text Messaging Service
The nightlifealerts.com service is brought to you by "nightlifealerts.com LLC" (the "Company"), which owns and operates website "www.nightlifealerts.com" (the "Site"). The nightlifealerts.com service offers various features including information and data (content) sent via SMS to the user's Mobile Phone. The service is provided with cellular provider/s and/or operators. By signing up for this service either in person by completing a form or by completing our online signup and subsequently confirming your online sign up through a received text message, you acknowledge that you are subscribing to our service. You may stop this subscription service at any time by sending a text message with STOP, in response to any message sent to your phone. In order to use this The Company's service your phone must have text messaging capability. You must be the owner of this device and either be at least sixteen years old or have the permission of your parent or guardian. While The Company does not charge any fee for sending out our messages, standard/other text messaging rates may apply, as detailed in your agreement with your phone service provider. Please consult your cellular/mobile phone providers contract for service for any details about these charges. The Company is in no way responsible for any charges resulting from the receipt of the information provided by this service. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING OUR SERVICE. We strongly advise you to print a copy of these Terms and Conditions or to make a copy on the hard disk of your computer. By continuing to access or use this Site, and/or any service provided and/or available at this Site, you provide YOUR FULL AND IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS. The Company reserves the right to amend, and/or remove, and/or add to these Terms and Conditions at any time without notice to you. Such modifications shall be effective immediately upon posting them on this Site. Accordingly, please continue to review the most current version of these Terms and Conditions whenever accessing or using this Site. Your use of the Site, and/or any service on this Site, after the posting of modifications to these terms and conditions will constitute YOUR FULL AND IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS, as modified. In addition, you agree to comply with any additional guidelines or rules applicable to this Site, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. If, at any time, you cease to accept these Terms and Conditions, you may thereafter not use this Site. Any Terms and Conditions proposed by you which are in addition to or which conflict with these Terms and Conditions shall not apply, are expressly rejected by the Company and shall be of no force or effect, unless and to the extent otherwise confirmed by the Company in writing. 1. USER'S CONSENT TO TERMS AND CONDITIONS. By accessing this Site and/or making any use thereof and/or of the information provided therein, you represent that you have carefully read, fully understand and agree to be bound by these Terms and Conditions, as amended and/or supplemented from time to time, including by way of incorporation by reference (hereinafter the "Terms and Conditions"). Recognizing the global nature of the Internet, you further agree: (a) to comply with the laws of the State of Connecticut and/or any applicable international or local law regarding the transmission of any data sent by you to this Site or obtained by you from the Service (as defined herein) in accordance with the Terms and Conditions; (b) not to use the Service for any purposes which are illegal pursuant to any of the foregoing laws; and (c) to comply with all rules regarding online conduct, including, but not limited to, not to interfere or disrupt networks connected to the Service. 2. SERVICE DESCRIPTION. The Company currently offers users information related to entertainment events that match their stated taste and preferences. This information can be accessed through the received text messages on the user's mobile phone and via The Company's website as well as through other methods such as email or posters as The Company may, from time to time, use at its sole discretion. All content will be according to the user's request. The users specifically note and agree that the Company may change the time messages are sent, exact contents as well as format of the information from time to time with no prior notice. For end user support, The Company has setup a contact form on its' website, which can be viewed at http://www.nightlifealerts.com/contact.php. Users should use the contact form to communicate any problem he or she has with the Service. In order for The Company to respond appropriately the user must fill out all the fields in the contact form. If the form is filled out appropriately, an answer will be received within 4 workdays from the date such query has been actually received by The Company. 3. ACCESS TO THE SERVICE. In order to use the Service, you must have a mobile phone subscription, or have in your possession a mobile phone according to the law (and by admission of the phone's owner). The mobile phone should be SMS supporting, and is not blocked to data services. The registration for the Service could be done via www.nightlifealerts.com (the Site) or through completing an offline sign up card or according to other instructions on the site or from The Company as may be available from time to time. You are solely responsible for obtaining access to the Service including any fees in connection thereof. The service is provided only when valid and accurate details of the user are given including his or her cellular number and name of service provider. If the user is not the registered owner of the cellular phone for which the service is provided to, he or she thereby declares and obligates to The Company that his registration to the Service (thereby his agreement to the charges, fees and method of payment), is with the full knowledge and consent of the lawful owner of the cellular phone for which the Service will be provided to, and that he or she will be held for the full responsibility and accountability for every demand and or request of the lawful owner of the cellular phone which the Service is provided for. 4. INTELLECTUAL PROPERTY. You acknowledge and agree that this Site, the Service provided hereunder and usernames allocated to you, have been especially designed by the Company and/or on its behalf by its suppliers or contributors of content, equipment or otherwise, including advertisers, sponsors, and partners as well as any other information sources or participants in the Service (hereinafter the "Suppliers"), for presentation in a unique format and appearance, with the Company's and/or the Suppliers' look and feel (collectively "Look and Feel"), and that such Look and Feel is protected by patents, copyrights, trademarks, service marks, trade secrets, morality rights, know-how, international treaties and/or other proprietary rights (hereinafter the "Intellectual Property") of the Company and/or the Suppliers pursuant to applicable intellectual property and other laws of the State of Connecticut and/or such laws of other jurisdictions. The Service is also protected as a collective work or compilation under the foregoing laws and/or international copyright and/or other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service or deriving from it. You also agree and acknowledge that all Intellectual Property in the Service other than Intellectual Property of the Company and/or the Suppliers is the property of its respective owners and is also protected as aforesaid, and you also agree to abide by all laws, notices and/or restrictions applicable to such Intellectual Property, as aforesaid. 5. RESTRICTIONS ON USE. You may not use the Service for any illegal purpose as aforesaid or in any manner inconsistent with the terms and conditions described herein. You agree to use the Service solely for your own personal use and/or benefit, and not for commercial use, resale or other transfer or disposition to, or use by or for the benefit of, any other person or third entity. You agree not to use, transfer, distribute, modify, rent, lease, lend, distribute, sell, resell or exploit any content contained in the Service or create derivative works based on the Service, in whole or in part, except and to the extent expressly authorized by the Company in writing. You agree to notify the Company in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other Intellectual Property, proprietary, contractual, statutory, common law right or any other right. 6. FURTHER RESTRICTIONS ON USE. You acknowledge and agree that you may not copy, duplicate, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices. The analysis and presentation included in the Service may not be recirculated, redistributed or published by you without the Company's prior written consent. You may not use any content included on the Service for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon the Company, its products, services, employees, management or any third party. Modification of the Service's content by you would be a violation of Intellectual Property rights and other proprietary rights of the Company and/or Suppliers and/or any other third parties, as the case may be, and is strictly forbidden. The Service may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of the trademarks, trade names or service marks contained in the Service in any manner which creates the impression that such names and marks belong to or are associated with you or are used with the Company's consent, and you acknowledge that you have no usage and/or ownership rights in and to any of these names and marks. You will not use the Service and/or any of the trademarks, trade names or service marks contained in the Service in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Service. You agree to comply with any other applicable terms and conditions set forth on the Service. You acquire absolutely no rights or licenses in or to the Service other than the limited, non exclusive, revocable, non-transferable, personal right to use the Service in accordance with the terms and conditions herein described. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any Intellectual Property of the Company or any third party, except as and to the extent expressly provided herein. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any Intellectual Property of the Company or any third party, except as and to the extent expressly provided herein. 7. REGISTRATION AND ACCOUNT CREATION. As part of the registration and account creation process necessary to obtain access to certain portions of the Service, you will select or be provided with a username and a password. You acknowledge that any information you provide the Company as part of your registration or thereafter (the "Registration Data") may be used and/or included by the Company on the Service, and you agree to (i) provide the Company true, accurate, current and complete information, as prompted by the Service's registration form and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You will receive a password and account designation upon completing the Service's registration process. You are solely responsible for maintaining the confidentiality of your password and your account details. You may not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; (iii) use a username or password that the Company, in its sole discretion, deems offensive or inappropriate; or (iv) transfer to any third party your password or any details of your account. The Company reserves the right to deny creation of your account in its sole discretion. You are fully responsible for all usage or activities that occur under your password or account, including but not limited to use of the account by any third party whether unauthorized or authorized by you to use your username and password. Notwithstanding anything else herein, the Company reserves the right to pursue any and all claims against any unauthorized user of your account. 8. NON-CONFIDENTIALITY POLICY You acknowledge that the Company may collect and process Registration Data and information on your personal identifiable information (including the use of Cookies) contained therein for, inter alia, the purposes detailed below:
We may need to vary the Non-Confidentiality Policy from time to time and any such changes will be published on the site and be affective a week after first publication. Please note that any information or material you send to the Company through this Site or otherwise will NOT be deemed to be confidential. 9. PAYMENTS. The company reserves itself the right to send the user advertising or marketing information via SMS as it relates to their personally configured entertain profile. The Company also commits that it will not charge a fee for the information sent. The Company acknowledges that based on the user's agreement with their cellular service provider there are likely to be charges for receiving SMS messages and the user acknowledges that he or she will pay those charges in accordance with their terms of service with their cellular provider, which may change from time to time, and that in no circumstance is the Company responsible for any charges that arise in connection with their receipt of SMS messages or use of their mobile phone. SMS messages will be sent throughout the week in accordance with the relevance to the user's entertainment profile and according to developments and events. The Company reserves the right to change the number of messages sent according to the events. 10. DISCLAIMER AND LIMITATION OF LIABILITY. You understand and agree that (i) The Service, and all services included therein are provided for informational purposes only. The Company shall not be responsible or liable for the accuracy, usefulness or availability of information transmitted via the Service, (ii) The Company may process and edit any content or information submitted, transmitted or made available by you or any other person for inclusion on the Service, prior to including same on the Service. Nevertheless, the Company does not independently verify the truth, fullness, completeness, accuracy or integrity of such content or information and shall not be responsible or liable to you or any other person in respect of such content or information, (iii) The Company has the right (but not the obligation) at any time, in its sole discretion, to refuse to include on the Service or remove from the Service any content or information that you or any other person submits, transmits or makes available, (iv) you must evaluate, and bear all risks whatsoever associated with your use of the Service, at your sole risk, including any reliance on the veracity, accuracy, currency, adequacy, completeness, or usefulness of the Service, (v) the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (hereinafter the "Items") are provided "AS IS" and "AS AVAILABLE," and the Company assumes no responsibility or liability for the timeliness, deletion, mis-delivery, failure to store any user communications or personalization data, the suitability, functionality, availability or operation of this Site, or the veracity, accuracy, currency, adequacy, completeness, or usefulness of the Service, (vi) The Company expressly disclaims all warranties of any kind, express or implied, as to the Items which are the subject matter of the Service, including, but not limited to, the implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or use, (vii) The Company makes no warranty that (A) the Service is compatible with your equipment, (B) the Service will meet your requirements, (C) the Service will be uninterrupted, timely, secure or error-free, (D) the results that may be obtained from the use of the Service will be true, complete, accurate or reliable, (E) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, or (F) the Service is free of bugs, errors, problems or other limitations, including but not limited to viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features, (viii) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, (ix) you must evaluate, and bear all risks whatsoever associated with the use of the Internet and the Service in particular, including any reliance on the veracity, accuracy, completeness, or usefulness of the Service. No advice or information, whether oral or written, obtained by you from the Company or through or from the Service shall create any warranty not expressly stated in these Terms and Conditions. You agree that the Company, its Suppliers and/or its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of the Company, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against the Company by any other party; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other web sites, services, goods or advertisements that may be linked to the Service are not maintained or controlled by the Company. The Company is therefore also not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the Service. The Company does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the Service. The Company is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service. You understand that the Company, its affiliates, agents, Suppliers and/or other associates may choose at any time to inhibit or prohibit their content from being accessed under the Terms and Conditions. 11. FURTHER DISCLAIMER AND LIMITATION OF LIABILITY. You understand and agree that: (i) the Service includes information and content received from many sources around the world and inclusion of such information on the Service does not constitute approval, endorsement or recommendation of such information by the Company; and (ii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which the Company is a party. You further understand and agree that the Service provided by SMS delivery is conditional to cellular operators' technical infrastructure and its uptime and that due to the fact that, the cellular network does not cover all the grounds and areas, the Company is not responsible for any SMS delivery failures. The user is obligated to inform the Company in any case of terminating the cellular services, if the cellular phone stopped supporting SMS or in case of lose, theft or change of ownership. Accordingly, anything to the contrary herein set forth notwithstanding, the Company, its directors, officers and employees, partners, affiliates, subsidiaries, successors and assigns, Suppliers and/or its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and any other data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising there from or occasioned thereby, or by any reason of nonperformance. 12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS SUPPLIERS AND/OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, GOODWILL, LITIGATION, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE ARISING OR RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE, (ii) FALSITY, INACCURACY OR INCOMPLETENESS OF THE SERVICE, (iii) ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, (v) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, (vi) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES FROM VIRUSES OR INABILITY TO USE THE SERVICE, OR (vii) ANY PROVISION OF THE TERMS AND CONDITIONS. 13. REPRESENTATIONS AND WARRANTIES. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use the Service only as set forth in these Terms and Conditions. 14. INDEMNIFICATION. You agree, at your own expense, to indemnify, defend and hold harmless the Company and its directors, officers, employees, attorneys, representatives, affiliates, Suppliers and/or agents (collectively, "Affiliated Parties"), against any demand, claim, suit, action or other proceeding brought against the Company and/or the Affiliated Parties by a third party, to the extent that such demand, claim, suit, action or other proceeding is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service with or without your permission; (ii) your use or someone using your account and/or mobile phone with or without your permission, where applicable; (iii) a violation of these Terms and Conditions by you or anyone using your computer (or account or mobile phone, where applicable) with or without your permission; (iv) a claim that any use of the Service by you or someone using your computer (or account or mobile phone, where applicable) with or without your permission infringes any Intellectual Property right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account or mobile phone, where applicable) with or without your permission; (vi) any misrepresentation or breach of representation or warranty made by you contained herein; (vii) any breach of any covenant or agreement to be performed by you hereunder; or (viii) any content or information you submit, transmit or make available. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense. 15. TERMINATION OR SUSPENSION OF SERVICE. The Company reserves its right to withdraw and suspend the Service at any time without any notice to the user. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), without notice. The Company may also, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason. Further more, you agree that the Company shall not be liable to you or any third party for any such termination of your access to the Services or any part thereof, and that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or for any termination of your password, account (or any part thereof) and/or your access to the Service. A notice of service termination, periodically or permanently, will be posted on the site. The Service will be terminated, periodically or permanently, in any case in which the arrangement between the Company and the cellular company (or companies) will be terminated. To terminate the Service: send an SMS from the registered cellular phone with the service code and the word "stop" in response to any message received from the Service. Your service will be terminated within 72 hours of receiving such message. You must announce the Company of your wish to terminate the Service (both in cases you have stopped using your cellular phone or the operator has stopped your account due to changed ownership, theft, lose or transferring the use of the cellular phone to a third party), and is obligated to be responsible when no notice was given as detailed. As long as there is no notice, the Company will continue the Services to you or the third party holding the cellular phone. 16. EXCLUSIONS AND LIMITATIONS BY LAW. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal and exclusive jurisdiction of the competent courts located in the district of Hartford, Connecticut, with respect to any legal proceedings that may arise in connection with the Terms and Conditions and/or the Service including but not limited to a dispute as to the interpretation and/or breach of the Terms and Conditions. You also agree that the Company shall have the right to seek and obtain from any court of competent jurisdiction any equitable or provisional relief or remedy enforcing any right or interest it may have in connection with the Terms and Conditions, including without limitation a temporary restraining order, preliminary injunction, writ of attachment, order compelling an audit, or enforcement of any liens or security interests held by the Company. No such judicial actions permitted by this Section shall waive or limit the Company's rights to adjudicate the merits of the dispute by arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 17. MISCELLANEOUS. The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision or part of a provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of the provision will be enforced so as to affect the intention of the parties, and the other provisions of the Terms and Conditions remain in full force and effect. Any delay or lack of action, the company might take concerning her detailed rights may not be regarded or mistaken as waving its rights. The Company can assign its rights according to these Terms and Conditions to any third party as it sees fit, with no obligation of publishing this action. You accept that the Company has the right to change the content or technical specifications of any aspect of the Service at any time at the Company's sole discretion without prior notice. You further accept that such changes may result in your being unable to access the Service. 18. HEADINGS. The section titles in the Terms and Conditions are used solely for the convenience of you and have no legal or contractual significance. 19. ENTIRE AGREEMENT. The Terms and Conditions and any other terms and conditions on the Site, constitute the exclusive and entire agreement between you and the Company relating to the subject matter hereof and govern your use of the Service and/or this Site, superseding any prior or contemporaneous agreements, representations, warranties and/or understandings with respect to this site. |