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Acceptance of Terms

By accessing or using any part of The Night Out Network or the services provided on it or other Web sites as set forth below (collectively, the Services), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by The Night Out Network from time-to-time without notice to you (the Terms of Use). These Terms of Use constitute a binding contract between The Night Out Network and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Night Out Network.

Additional terms may govern use of certain Web sites or Web pages within The Night Out Network. In the event that any provision, term or guideline contained on a particular Web site or Web page in The Night Out Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of The Night Out Network.com

Unless specified otherwise, The Night Out Network offers you access to The Night Out Network solely for your personal and non-commercial uses. You agree to only access or use The Night Out Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

  • except with the express written permission of The Night Out Network, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Night Out Network, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;

  • damage, disable, overburden, or impair The Night Out Network or interfere with any other party's use and enjoyment of The Night Out Network;

  • obtain or attempt to obtain any materials or information through any means not made readily accessible by The Night Out Network through The Night Out Network.

Except with the express written permission of The Night Out Network, you agree that you will not access or attempt to access password protected, secure or non-public areas of The Night Out Network.

Except with the express written permission of The Night Out Network, you agree that you will not create links from any Web site or Web page to any page within The Night Out Network; provided however upon prior written notice to Carrie@thenightoutnetwork.com. The origin of any link to The Night Out Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to The Night Out Network home page. By creating a link to The Night Out Network, you agree that (a) you will not employ any technology that results in the placement of content from The Night Out Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of The Night Out Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of The Night Out Network. The Night Out Network reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that The Night Out Network so requests.

You agree that The Night Out Network may in its sole discretion and at any time terminate your access to and use of The Night Out Network, or any part thereof, with or without notice. You further agree that use of The Night Out Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, The Night Out Network reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through The Night Out Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by The Night Out Network to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, The Night Out Network  does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release The Night Out Network from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in the Night Out Network

The Night Out Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Night Out Network (collectively, Content) is owned by The Night Out Network and/or third parties with all rights reserved unless otherwise noted.. The Night Out Network grants you a limited license to access and use the Night Out Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Night Out Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Night Out Network or Content, except with express written consent of The Night Out Network. You understand that all third party Content posted on, transmitted through, or linked from the Night Out Network, is the sole responsibility of the third party originator of such Content. Content is provided through the Night Out Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall The Night Out Network be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that The Night Out Network does not screen or approve third-party Content, and that The Night Out Network shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or The Night Out Network any Content that is available via the Night Out Network, for any reason.

 

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, Transmit or Transmitting as appropriate) Content on or through the Night Out Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Night Out Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others interests in such Content to The Night Out Network as provided below.

You promise that you will not use the Night Out Network to:

  • Transmit any Content

    • not related to appropriate subject matters;

    • which is misleading to others, including consumers;

    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    • that you do not have a right to post and transmit under any law or under contractual relationships;

    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the Night Out Network, you grant, and you represent and warrant that you have the right to grant, to The Night Out Network an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Night Out Network, you grant The Night Out Network all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Night Out Network by any party for any purpose.

The Night Out Network is committed to maintaining the privacy and security of any and all such information that you provide to The Night Out Network through the Night Out Network in accordance with its Privacy Policy.

General Terms

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and The Night Out Network), the Terms of Use constitutes the entire agreement between you and The Night Out Network with respect to the Night Out Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Night Out Network with respect to the Night Out Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NIGHT OUT NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NIGHT OUT NETWORK MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE NIGHT OUT NETWORK, SERVICES AND/OR CONTENT. THE NIGHT OUT NETWORK 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.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD THE NIGHT OUT NETWORK, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE NIGHT OUT NETWORK AND/OR THE NIGHT OUT NETWORK AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL THE NIGHT OUT NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NIGHT OUT NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE NIGHT OUT NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE NIGHT OUT NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE NIGHT OUT NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE NIGHT OUT NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE NIGHT OUT NETWORK, AND ALL OTHER USE OF THE NIGHT OUT NETWORK, 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 THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NIGHT OUT NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NIGHT OUT NETWORK.

Copyright

All materials on the Night Out Network (as well as the organization and layout of the Night Out Network) are owned and copyrighted or licensed by The Night Out Network, its corporate affiliates or its third-party vendors. The Night Out Network, Inc. 2006, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Night Out Network is permitted without the written permission of The Night Out Network. Any rights not expressly granted herein are reserved.


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