1. ACCEPTANCE OF TERMS
CityNeverSleeps.com is a service provided by CITY NEVER SLEEPS, LLC. The service provided to you is subject to this Terms of Service agreement (“TOS” or “Agreement”), which may be updated from time to time by us without notice to you. You can review the most current version of the TOS at any time by clicking on the “Terms of Service” link located at the bottom of our Web pages.
Before accessing or using CityNeverSleeps.com you are agreeing to be bound by this Agreement. By using CityNeverSleeps.com you represent and warrant that you are of legal drinking age in your country of residence and also disclaim to be offended or injured by the contents of the pictures or advertising.
2. DESCRIPTION OF SERVICE
CityNeverSleeps.com (or “Service”) is an online local entertainment and social network Web site (collectively, including all contents available through the CityNeverSleeps.com domain and sub-domains, the “Site”). You understand and agree that the Service is provided “AS IS” without warranty of any kind. Any use of the service is at your own risk.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the information to keep it true, accurate, current and complete. CityNeverSleeps.com has the right to suspend or terminate your account without prior notice and refuse the use of the Service or any portion thereof.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account or password. You agree to (a) immediately notify CityNeverSleeps.com of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CityNeverSleeps.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CityNeverSleeps.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CityNeverSleeps.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CityNeverSleeps.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to (a) upload, post, email, transmit or otherwise make available (or “Submit”) any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Submit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) Submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (d) Submit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose; (e) Submit any material that contains 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; and/or (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
You acknowledge that CityNeverSleeps.com may or may not pre-screen Content, but that CityNeverSleeps.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service. Without limiting the foregoing, CityNeverSleeps.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that CityNeverSleeps.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CityNeverSleeps.com, its users and the public.
7. CONTENT SUBMITTED
With respect to Content you Submit, you represent and warrant that you own, or have the necessary licenses, consents, permissions, and rights to use and to authorize CityNeverSleeps.com to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part).
You agree to indemnify and hold harmless CityNeverSleeps.com, its officers, directors, agents, employees, subsidiaries and affiliates from any claim, suit, action, demand, loss, and damages, including without limitation attorneys’ fees, costs, and expenses, made or incurred by any third party arising out of or relating to your use of the Service, any content that you upload, your use of content accessed from the Site or Service, your violation of this agreement, and/or your violation of any third-party rights.
9. MODIFICATIONS TO SERVICE
CityNeverSleeps.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 CityNeverSleeps.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that CityNeverSleeps.com may, under certain circumstances and without prior notice, immediately terminate your account, and access to the Service. Case for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
11. ADVERTISEMENT AND LINKS
The Service may provide, or third parties may provide, links to other Web sites or resources. Because CityNeverSleeps.com has no control over such sites and resources, you acknowledge and agree that CityNeverSleeps.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CityNeverSleeps.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. CityNeverSleeps.com PROPRIETARY RIGHTS
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 protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CityNeverSleeps.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
CityNeverSleeps.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CityNeverSleeps.com for use in accessing the Service.
13. TRADEMARK NOTICES
CityNeverSleeps.com, CityNeverSleeps.com logo, are trademarks and service marks of CITY NEVER SLEEPS, LLC. Without CityNeverSleeps.com prior permission, you agree not to display or use in any manner, the CityNeverSleeps.com Marks.
Please report any violations of the TOS by email to info@CityNeverSleeps.com