Eligibility: You must be eighteen or over to register as a Member of SocialNightlife.com or use the Website. Membership in the Service is void where prohibited by law. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and you are at least 18-years old. By using and/or viewing this Website you represent and warrant the following; (i) That you are an adult, at least 18-years of age (ii) That you will not permit any person(s) under 18-years of age to have access to any of the materials contained within this Website. (iii) That you represent and warrant that you have not and will not use and/or view the Website in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Term: SocialNightlife reserves the right to monitor all profiles and terminate a membership for any reason, with or without prior notice or explanation, and without liability. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. SocialNightlife does not guarantee that the members you may meet are safe. SocialNightlife does not perform any type of background checks on any of its members.
Fees: You acknowledge that SocialNightlife reserves the right to charge for any portion of the SocialNightlife.com Services and to change its fees (if any) from time to time in its discretion. If SocialNightlife terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Registration/Membership: Our Site requires users to register for a SocialNightlife account to obtain access to our Services. You can register as an individual and/or as a business. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by our registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of our Services, if you provide any information that is untrue, inaccurate, not current, incomplete, or we have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current, incomplete, we have the right to suspend or terminate your access and refuse you any and all use of our Site.
As part of the registration, we require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify us immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Member Use: SocialNightlife’ Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by SocialNightlife. SocialNightlife reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the SocialNightlife Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SocialNightlife Website is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. SocialNightlife reserves the right to take appropriate legal action for any illegal or unauthorized use of the SocialNightlife Services.
Proprietary Rights on SocialNightlife: (i) SocialNightlife does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the SocialNightlife Services. After posting your Content to the SocialNightlife Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the SocialNightlife Services, you hereby grant to SocialNightlife a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the SocialNightlife Services, including without limitation distributing part or all of the SocialNightlife Website in any media formats and through any media channels, except Content marked “private”, which will not be distributed outside the SocialNightlife Website. This limited license does not grant SocialNightlife the right to sell or otherwise distribute your Content outside of the SocialNightlife Services. (ii) The license you grant to SocialNightlife is non-exclusive (meaning you are free to license your Content to anyone else in addition to SocialNightlife), fully-paid and royalty-free (meaning that SocialNightlife is not required to pay you for the use on the SocialNightlife Services of the Content that you post), sublicensable (so that SocialNightlife is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the SocialNightlife Services), and worldwide (because the Internet and the SocialNightlife Services are global in reach). (iii) You represent and warrant that: (a) you own the Content posted by you on or through the SocialNightlife Services or otherwise have the right to grant the license set forth in this Section, and (b) the posting of your Content on or through the SocialNightlife Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the SocialNightlife Services. (iv) The SocialNightlife Services contain Content of SocialNightlife ("SocialNightlife Content"). SocialNightlife Content is protected by copyright, trademark, patent, trade secret and other laws, and SocialNightlife owns and retains all rights in the SocialNightlife Content and the SocialNightlife Services. SocialNightlife hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SocialNightlife Content (excluding any software code) solely for your personal use in connection with viewing the SocialNightlife Website and using the SocialNightlife Services. (v) The SocialNightlife Services contain Content of Users and other SocialNightlife licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SocialNightlife Services. (vi) SocialNightlife performs technical functions necessary to offer the SocialNightlife Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the SocialNightlife Services.
Content Posting/submission: (i) SocialNightlife may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of SocialNightlife violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. SocialNightlife assumes no responsibility for monitoring the SocialNightlife Services for inappropriate Content or conduct. If at any time SocialNightlife chooses, in its sole discretion, to monitor the SocialNightlife Services, SocialNightlife nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. (ii) You are solely responsible for the Content that you post on or through any of the SocialNightlife Services, and any material or information that you transmit to other Members and for your interactions with other Users.
Content/Activity Prohibited: The following are examples of the kind of Content that is illegal or prohibited to post on or through the SocialNightlife Services. SocialNightlife reserves the right to investigate and take appropriate legal action against anyone who, in SocialNightlife's sole discretion, violates this provision, including without limitation, removing the offending Content from the SocialNightlife Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of SocialNightlife: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;(ii) harasses or advocates harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains nudity, excessive violence, or offensive subject matter; (v) publicly posts information that poses or creates a privacy or security risk to any person; (vi) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vii) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (viii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/or sales without prior written consent from SocialNightlife such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Chat Rooms/Forums: You must be respectful of others when going into a chat room or forum. Members must not use vulgar, abusive, or hateful language. The Forum within the Website is provided to give the Members an interesting and stimulating arena where they may express their opinions and share their ideas. Neither the Website, SocialNightlife or the management endorses the opinions placed in the Forum. Any submissions may be edited, removed, modified, published, transmitted and/or displayed by SocialNightlife. In addition, you warrant that all moral rights in any upload materials have been waived. You also agree to hold SocialNightlife harmless from any postings you make on its forum and assume all liability for such posting. You may not copy and paste into the Forum or any other area of the site any email(s) sent to you, whether it be outside email(s) or email(s) sent within the Website, without first obtaining the expressed or written approval from the party who originally sent such email(s).
Submissions: The Website welcomes input from its Members. However, by submitting an idea, suggestion, or recommendation, you waive all right to the idea as intellectual property, and consent to SocialNightlife LLC utilizing that idea, suggestion, or recommendation without attribution or compensation.
Member Disputes: SocialNightlife does not control the information provided by other Members that are made available through the Website. You may find other Members’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Website. You are solely responsible for your interactions with other Members. Because it is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the Website, you release SocialNightlife, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SocialNightlife reserves the right, but has no obligation, to monitor disputes between you and other Member.
Third Party Transactions: The Website contains links to other World Wide Web internet websites, resources, and sponsors. Transactions that occur between the Member and third party links are strictly between the Member and the third party and are not the responsibility of SocialNightlife. SocialNightlife is not responsible for the availability of these outside resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.
Virtual Gifts: Virtual gifts allow you to purchase a “Virtual” gift for another member. Payments are processed via PayPal or SocialNightlife and all sales are final. For PayPal transactions, any disputes should be made with PayPal and MyExoticfriends will not be held liable.
Contests: SocialNightlife will conduct regular contests for promotional reasons. The rules and regulations of each contest must be followed for eligibility. Please refer to the contest page for contest and rules.
SocialNightlife Store and SocialNightlife Merchandise: All merchandise available for sale via the SocialNightlife Store or the SocialNightlife Merchandise is made available by an affiliate. Any disputes, questions, concerns regarding the merchandise or transaction should be made with the affiliate company and SocialNightlife will not be held liable for any transactions or disputes resulting from a bad transaction or bad merchandise.
Classifieds: All items listed within the classifieds must follow the terms and agreement of SocialNightlife LLC. A transaction resulting from a classified between two members is the responsibility of the members and SocialNightlife LLC will not be held liable or be involved in the dispute between the two or more parties.
Photo Sales: SocialNightlife allows members to offer autographed photos for sale to their fans. SocialNightlife charges a service charge for each transaction. All transactions are final and any payment disputes should be made using PayPal’s dispute process and SocialNightlife LLCwill not be held liable or involved in the dispute process.
Nightsite Reservations: Reservations made with a Nightsite are the responsibility of the Nightsite and SocialNightlife LLC does not monitor nor confirm reservations. All reservations should be confirmed with the Nightsite and any reservations disputes are between the member and the Nightsite and SocialNightlife LLC will not be held liable.
Deposit/Withdrawls of funds: All monetary transactions are performed using PayPal. Please visit their terms of agreement page for details. SocialNightlife LLC will not be involved in any dispute between member and PayPal regarding a transaction.
Proprietary Rights in Content on SocialNightlife.com: SocialNightlife.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of SocialNightlife.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Protecting Copyrights and Other Intellectual Property: SocialNightlife respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. SocialNightlife has the right to terminate the Membership of infringers.
Events: SocialNightlife is not responsible for the accuracy of the information provided by promoters and affiliates on our Website. You agree to hold SocialNightlife LLC harmless for any incorrect or inaccurate content or unfulfilled offers, ticket sales, posted on the Website by promoters or affiliates.
Disclaimers: SocialNightlife is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, promoters, affiliates or by any of the equipment or programming associated with or utilized in the Service. SocialNightlife is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. SocialNightlife assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. SocialNightlife is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will SocialNightlife be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and SocialNightlife.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SocialNightlife cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability: In no event will SocialNightlife be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits or income arising from your use of the Website or the Service, even if SocialNightlife has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SocialNightlife’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SocialNightlife for the Service during the term of Membership.
U.S. Export Controls: Software available in connection with the SocialNightlife Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SocialNightlife Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes: If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles, United States of America.
Indemnity: You agree to indemnify and hold SocialNightlife, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other: This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and SocialNightlife regarding the use of the Website and/or the Service. Affiliates also agree to the terms of the Affiliate agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at administrator@SocialNightlife.com with any questions regarding this agreement. SocialNightlife is a trademark of SocialNightlife Inc
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.