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You must be 18 years or older to use
the Nitegigs.com service. By registering for the Nitegigs.com
service, you represent and warrant that you are 18 or older
and that you have the capacity to understand, agree to and
comply with these Terms & Conditions.
In addition, you must provide true,
accurate and complete registration information to be an Nitegigs.com
member ("Member"). As part of the registration process,
you will be asked to select a username and password and you
will be responsible for all activities occurring under your
username and for keeping your password secure. We may refuse
to grant you a username that impersonates someone else, is
or may be protected by trademark or proprietary rights law,
or is vulgar, offensive or otherwise inappropriate, as determined
by us in our sole discretion.
The
service provides members with the ability to register, create
and manage any events you post in the site. To do that, you
must understand and agree to the following : (1) if you choose
to register, you must submit a valid e-mail address and select
a password and user name during the registration process;
(2) You are responsible for maintaining the confidentiality
of your member name and password, and all uses of your account
-- whether or not you've authorized such use; (3) You agree
to notify Nitegigs.com immediately of any unauthorized use
of your account and (4) You are at least 18 years of age.
Nitegigs will not be held liable for any loss or damage for
non-compliance. In addition, you understand and agree that
the content of all users, including your content, will be
collected, aggregated and anonymously integrated into the
Nitegigs.com Service and that Nitegigs will use aggregated
data collected from you and other users for statistical and
analytical reporting purposes. You understand, and agree that,
unless expressly stated, Nitegigs in no way controls, verifies,
or endorses any of the information contained on or in the
Nitegigs.com service, including links, events, messages, message
boards and members published listings.
Membership
at Nitegigs is free, however specific goods and services may
require the payment of a fee. Unless otherwise stated, all
fees are quoted in United States Dollars. You are responsible
for paying all applicable taxes and for all hardware, software,
service and other costs you incur to bid, buy, procure a listing
from us or access our servers. We may in our sole discretion
add, delete or change some or all of our services at any time.
You
understand and agree that Nitegigs may review and delete any
content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of Nitegigs violate this Agreement
or which might be offensive, inappropriate, illegal, or that
might violate the rights, harm, or threaten the safety of
other Members.
You are solely responsible for the Content
that you publish or display (hereinafter, "post")
on the Service, or transmit to other Members. Nitegigs shall
not be responsible for any content. Nitegigs does not prescreen
or monitor all Content as a matter of policy, but Nitegigs
shall have the right, but not the responsibility, to remove
Content which is deemed in Nitegig's sole discretion harmful,
offensive, or otherwise in violation of this Agreement or
any rules Nitegigs has in place at the time.
By posting Content to any public area
of the Site, you automatically grant, and you represent and
warrant that you have the right to grant, to Nitegigs an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to
use, copy, perform, display, and distribute such information
and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to grant
and authorize sublicenses of the foregoing. You are solely
responsible for your interactions with other Nitegigs Members.
Nitegigs reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Member
acknowledges and agrees that it is necessary for Nitegigs to
use the data submitted by Member in Member's initial application
and registration template and submitted later by Member during
use of the Services (the "Member data") in order for
Nitegigs to provide the Services to Member. Member hereby grants
Nitegigs a royalty-free, perpetual, irrevocable and worldwide
license to use, manipulate, collate, organize, create derivative
works from, and disclose (whether by sale, license or otherwise)
the Member data (without disclosing the identity of Member's
connections or matches), consistent with the terms and conditions
of this Agreement and with Nitegigs.com's Privacy Policy, for
the purpose of providing the Services and for marketing and
promotional activities. This provision shall survive termination
of this Agreement.
You
agree to use the Service in accordance with the following
Code of Conduct:.
(1) Member shall comply with the terms
and conditions of this Agreement. (2) Member shall not use
incognito names when registering or communicating on our site.(3)
Member shall comply with all applicable laws and regulations
having the force of law, including, without limitation, those
laws and regulations pertaining to intellectual property,
rights of privacy and publicity, defamation, and obscenity.
(4) Member shall not upload, post, email, transmit or otherwise
make available ("Provide") any Content that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable.
(5) Member shall not promote racism, bigotry, hatred or physical
harm of any kind against any group or individual. (6) Member
shall not promote illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files. (7) Member shall not
display pornographic or sexually explicit material of any
kind. (8) Member shall not provide material that exploits
people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18. (9)
Member shall not provide instructional information about illegal
activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses.
(10) Member shall not solicit passwords or personal identifying
information for commercial or unlawful purposes from other
users. (11) Member shall not provide any Content that encourages
a criminal offense or violates the rights of any party. (12)
Member shall not impersonate anyone else or misrepresent your
affiliation with a person or entity.(13) Member shall not
participate in any unauthorized or unsolicited promotions,
advertising, "junk mail", "spam", "chain
letters", "pyramid schemes" or any other form
of solicitation, or otherwise use the website for a commercial
purpose. (14) Member shall not violate any applicable local,
state, national and international law or regulation. (15)
Member shall not try to gain unauthorized access to the Website,
other members' accounts, or computers connected to the Website.
(16) Member shall not interfere with, interrupt, destroy or
limit the functionality of the Website or any computer software
or hardware or telecommunications equipment (17) Member shall
not engage in any activity that disrupts, diminishes the quality
of, interferes with the performance of or impairs the functionality
of, the Services or the Nitegigs Site, including, without
limitation, the use of any virus, worm, trojan horse, time
bomb, trap door, denial of service attack, automated repetitive
requests for information or any other device that causes damage
to any hardware, software or equipment used in connection
with the Services or the Nitegigs Site.
Nitegigs reserves the right to modify,
suspend or terminate access to the site at any time without
notice, if you are suspected of violating any of these Terms
& Conditions. All judgments concerning the applicability
of these guidelines shall be in the sole and exclusive discretion
of Nitegigs. Nitegigs does not assume any obligation, to monitor
the Services to enforce these guidelines. Nor does Nitegigs
guarantee that any monitoring it does perform will be to Member's
satisfaction. Upon learning of any violation of this Agreement,
Nitegigs, at its sole discretion, may (i) require Member to
remedy such violation; (ii) partially or completely block
access to Member's account; (iii) suspend or terminate Member's
use of the Services; and/or (iv) take any other actions that
Nitegigs deems appropriate to enforce its rights and pursue
all available remedies.
Reporting abusive conduct: Please contact
us at abuse@Nitegigs.com in the event you need to report abusive
conduct. Although we have obligation to police the site, we
do try to remove content that is clearly inappropriate when
it is brought to our attention. Consequence for abusive conduct
: In the event you violate these Terms & Conditions, Nitegigs
has the right to terminate your account without refund. In the
event of a serious violation ( as solely determined by Nitegigs)
Nitegigs may also file suit against you for business interference
or other appropriate legal theories and we will seek compensation
from you for potential damage to our reputation caused by your
actions.
You
should review the other Nitegigs policy to better comprehend
our practices and how we govern your visit to our website.
Registration data and certain other information about you
are subject to our privacy policy.
At any time and without prior notice,
Nitegigs shall have the
right, in its sole discretion, to modify, add or remove terms
of these Terms & Conditions, without
notifying our users of such modifications, additions or removals,
and all such changes shall be
effective immediately. Your continued participation and use
of this website and/or the Nitegigs services following our
posting of any such change on our site will constitute binding
acceptance of such change. You agree that Nitegigs shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the service.
Any third-party sites to which the
Service may link are not under Nitegigs.com's control, and
Nitegigs does not assume any responsibility or liability for
any information, content, communications or materials available
on such third-party sites. Absent express language to the
contrary, Nitegigs does not intend links contained on the
Service to be referrals to, or endorsements of, the linked
third-party sites or the entities that operate them, and such
links are provided for convenience only. If you have any problems
or concerns regarding other sites, please contact their site
administrator or Web Master directly.
This
Agreement may be terminated by Member at any time by discontinuing
use of the Services. This Agreement may be terminated by Nitegigs
(i) automatically upon any violation of this Agreement, with
or without prior notice to Member, at Nitegig's sole discretion;
(ii) at any time, for any reason, or no reason at all, with
or without prior notice to Member, upon Nitegig's blocking
of Member's access to the Services, discontinuation of Member's
account and/or notification to Member at the e-mail address
provided in Member's registration. Upon any termination by
Nitegigs, Member shall discontinue any effort to access the
Niteigs.com Site or the Services.
The Service contains information which
is proprietary to us our partners, and our users. We assert
full copyright protection in the Service. Information posted
by us, our partners or users of the Service may be protected
whether or not it is identified as proprietary to us or to
them. You agree not to modify, copy or distribute any such
information in any manner whatsoever without having first
received the express permission of the owner of such information.
Nitegigs logo and other names, logos,
icons and marks identifying Nitegigs products and services
are trademarks of Nitegigs.com, and may not be used without
the prior written permission of Nitegigs. Except as otherwise
expressly set forth in this Agreement, you may not copy, reproduce,
distribute, or create derivative works of the Service without
Nietgigs.com's express written authorization. Further, you
may not reverse engineer, decompile, alter, modify, disassemble,
or otherwise attempt to derive source code from the Service.
All rights not expressly granted in this Agreement are reserved
to Nitegigs.com.
You
hereby agree, at your expense, to indemnify and hold harmless
Nitegigs and its parent corporations, subsidiary corporations,
affiliates, successors, assigns, directors, officers, agents,
employees, independent contractors, accountants, lawyers,
licensors, service providers and suppliers for any and all
claims and expenses, including attorneys' fees and costs,
arising out of or relating to Member's use or misuse of the
Nitegigs Site or the Services, including any conduct by Member
that breaches this Agreement. This provision shall survive
termination of this Agreement.
As a consequence of the
global nature of the Internet, you agree to comply with all
local rules regarding user conduct on the Internet and acceptable
content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. NITEGIGS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERTIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK
AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO MEMBER'S COMPUTER SYTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NITEGIGS MAKES NO WARRANTY THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES NITEGIGS MAKE ANY
WARRANTY AS TO THE RESULTSTHAT MAY BE OBTAINED FORM THE USE
OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY MEMBER FROM NITEGIGS OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR
SOLE RISK. NITEGIGS, AND NITEGIGS'S DIRECTORS, OFFICERS, EMPLOYEES,
LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM
USE OF THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE
OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,
LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY
LOSS EVEN IF NITEGIGS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSS. Nitegigs is not responsible for,
and shall have no liability with respect to, the content of
third party Web sites that are linked to or from the site
. Nitegigs is not responsible for the user generated content
on the site. Some states do not allow the exclusions or limitation
of liability to the extent set forth herein; therefore, this
provision may not apply to every person as written.
This Agreement
constitutes the complete and exclusive understanding and agreement
of the parties relating to the subject matter hereof and supersedes
all prior understandings, proposals, agreements, negotioations,
and discussions between the parties, whether written or oral.
You understand and agree that you are solely responsible for
reviewing the terms of this Agreement from time to time. Any
continued use of the Software or Service by you after such
amended terms have been posted or information regarding such
amendment has been sent to you, shall be deemed
your consent and agreement to such amended terms.
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