1. Acceptance of Terms
Whats42nite.com welcomes you to its online service (the "Service"). By using its Service you are agreeing to the following Terms and Conditions of Service ("TOS") whether or not you are a registered user of Whats42nite.com. The TOS may be updated from time to time without notice to you. However you can always find the latest TOS at www.whats42nite.com/TOS.
In addition, when using any Whats42nite.com owned or operated Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.
2. Description of Service
Whats42nite.com makes available a collection of resources to its registered and non-registered users (collectively referred to herein as the “Service”) about their favorite bars, restaurants, and nightclubs. Registered users can create Content (as defined by Section 4 below), select favorites, edit, rate, comment and read other people's Content. Non-registered users can browse topics, profiles and other people’s Content of interest.
THE SERVICE IS PROVIDED "AS IS" AND Whats42nite.com ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.
Unless explicitly stated otherwise, any new features which augment or enhance any existing Service, any new Services and enhancements to Whats42nite.com, including the release of new Whats42nite.com properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Whats42nite.com can discontinue their ability to use the site. In addition we have the right to delete any piece of Content, comment as well as any topic or profile we find objectionable in our reasonable discretion.
You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of Whats42nite.com, you represent and warrant to Whats42nite.com that you will not use the website and any Service for any purpose that is unlawful or prohibited by this TOS.
You alone are totally responsible for any activity that takes place on Whats42nite.com under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Whats42nite.com immediately. It is up to you to maintain the confidentiality of your password and username.
You understand that you may receive business-related communications from Whats42nite.com such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus you agree to receive them and you will not be able to opt out of receiving such communications.
As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Whats42nite.com shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE. IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
3. Rules of Behavior
• You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy rights of others.
• You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group).
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
• You must not post, upload or link to anything that seeks to exploit or harm children by exposing them to inappropriate Content, or asking for personally identifiable details or information.
• You must not post, upload or link to anything that harvests or otherwise collects information about other users, including e-mail addresses, without the users’ consent.
• You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the third party, which written permissions you agree to disclose to us at any time on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
• You must not impersonate another person or entity, which includes not using anyone else's username or password.
• You must not use the Whats42nite.com Service for any illegal or unauthorized purpose.
• You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable Content as well as the export of data to the United States or to your country or residence.
• You cannot modify or delete any Content and communications of the Whats42nite.com site and/or of other individuals other than your own Content.
• You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
• You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted Content is endorsed by Whats42nite.com.
• You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
• You must not engage in any ad "spamming".
• You cannot use the Whats42nite.com name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Whats42nite.com is associated with, or endorses, or is in any way connected with you, your business, or your Content.
WHILE Whats42nite.com EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT Whats42nite.com SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, Whats42nite.com CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
As a registered user, you will be able to upload and post a great variety of Content, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Whats42nite.com, for all Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content. Any Content that you write, post, upload or link to on this website is entirely your responsibility.
Whats42nite.com shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Whats42nite.com members or otherwise created, distributed and displayed on any part of the Service. Whats42nite.com does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Whats42nite.com does not own any of the Content you post. By placing Content on the Service you are providing Whats42nite.com with a worldwide, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site. Whats42nite.com reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by Whats42nite.com.
Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. Whats42nite.com shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify Whats42nite.com with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Whats42nite.com will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
You acknowledge that Whats42nite.com may or may not pre-screen Content but that Whats42nite.com and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, delete, any Content that violates the TOS or is otherwise objectionable as determined by Whats42nite.com in its sole discretion.
Whats42nite.com may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of Whats42nite.com, its users and the public.
Whats42nite.com respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Whats42nite.com may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated please contact Whats42nite.com at [insert contact information, email address and/or appropriate link to designated agent responsible for infringement claims] with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of where the material you claim is infringing is located on the site;
3. your name, address, telephone number, email address;
4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder
The Service may provide, or third parties including Whats42nite.com members, may provide links to other World Wide Websites or resources, which are not maintained by, or related to Whats42nite.com. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Whats42nite.com. Whats42nite.com has no control over these sites and Content and makes no representations or warranties about the content, completeness, quality or accuracy of any such website. Therefore, you acknowledge and agree that Whats42nite.com is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Whats42nite.com is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF Whats42nite.com REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, Whats42nite.com HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
You agree to indemnify and hold Whats42nite.com, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney's fees and costs, made by or arising out of your use of the Service in violation of the TOS and/or your violation of any rights of another.
7. No Resale of Service
You agree not to, without the express prior written consent of Whats42nite.com:(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own, (b) use the Service or Content you do not own, or (c) access to the Service or Content you do not own.
8. Modification and Termination of the Service
Whats42nite.com 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 Whats42nite.com will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
In order to use certain aspects of the Service you are required to register. We refer to registered users as “members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.
• You also agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Whats42nite.com has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
• You agree that Whats42nite.com may, under certain circumstances and without prior notice immediately terminate your Whats42nite.com account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the TOS or other Whats42nite.com policies, guidelines or rules, (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Whats42nite.com's sole discretion and that Whats42nite.com will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
• You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Whats42nite.com immediately. It is up to you to maintain the confidentiality of your password and account. Whats42nite.com is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
11. Practices regarding Use and Storage
You acknowledge that Whats42nite.com may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Whats42nite.com's servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Whats42nite.com has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Service. You acknowledge and agree that Whats42nite.com reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Whats42nite.com has the right to modify these practices and limits from time to time.
12. Whats42nite.com Proprietary Rights; Trademarks and Copyrights
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 the property of Whats42nite.com and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Whats42nite.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Whats42nite.com's exclusive rights in the Whats42nite.com trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Whats42nite.com or the party that provided such intellectual property to Whats42nite.com. Whats42nite.com and any party that provides intellectual property to Whats42nite.com retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
13. No Co-Branding or Framing.
You may not use or authorize any party to co-brand or frame Whats42nite.com or any Service without the express prior written permission of an authorized representative of Whats42nite.com. For purposes of the TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of the TOS, "framing" refers to displaying any Whats42nite.com webpage or Service within a bordered area of another website, regardless of whether the address of the originating Whats42nite.com is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from Whats42nite.com.
14. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Whats42nite.com 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.
Whats42nite.com MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Whats42nite.com or through or from the Service shall create a warranty not expressly stated in the TOS.
15. Limitation of Liability
You expressly understand and agree that Whats42nite.com will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Whats42nite.com has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, 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 or from the Service or any other matter relating to the Service. In no event will Whats42nite.com be liable to you for any amount of money over One Hundred Dollars ($100.00), which you acknowledge to be a fair and reasonable sum.
16. Special Admonition for Services Relating to Financial Matters
If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities remember that the Service is provided for entertainment purposes only, and no Content included or information made available in the Service is intended for trading or investing purposes. Whats42nite.com and its licensors shall not be responsible for or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
17. Personally Identifiable Information
18. Disclosures Required By Law
Whats42nite.com reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Whats42nite.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Whats42nite.com to disclose the identity of anyone posting any Content, or publishing or otherwise making available any materials that are believed to violate the TOS.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD Whats42nite.com HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Whats42nite.com DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Whats42nite.com OR LAW ENFORCEMENT AUTHORITIES.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of the State of Florida without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Orange County, Florida.
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 TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. Miscellaneous Terms; General Information
The failure of Whats42nite.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Whats42nite.com must be in writing and signed by an authorized representative of Whats42nite.com.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in the TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Please report any violations of the TOS to Whats42nite.com at www.whats42nite.com/violations.