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Members' Agreement
Welcome to the User Agreement for NightB4 (the "Website").
The following agreement describes the terms on which NightB4 offers you services.
This User Agreement and any Addenda you may subsequently accept (the "Agreement") describe the terms and conditions applicable to your membership account (the "Account"). By clicking on the "I Agree" button, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions, please contact: members@nightb4.com
We may automatically amend this Agreement at any time by sending the amended terms to your Account or any other email address you provide to us. Such amendments will be effective when sent. Otherwise, this Agreement may not be amended except in a writing signed by both parties.
1. So long as you are over 18 (or, if you are under 18, your parent or guardian accepts this agreement on your behalf by pressing the "I Agree " button), NightB4 Member Accounts are available for free. We reserve the right to add, delete or change some or all of the services provided for free as part of the Standard Accounts at any time.
2. NightB4 Members' Accounts may only be used for personal purposes, not for commercial purposes.
3. We may terminate your Account immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Alternatively, in these situations we may choose to remove some or all of your content or make your content private. Following termination of your Account, we may remove some or all of your content from our servers or elect to retain it, at our sole option.
4. You may not transfer or share your Account with anyone. You may not disclose your password to any third parties.
5. Privacy issues are very important to us but due to the existing legal and regulatory environment, we cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications, or we might disclose your information to other sites as part of offering additional functionality to you. Additionally, we can (and you authorise us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. Therefore, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.
6. All services are provided "as is." We and our suppliers disclaim all warranties and conditions, express or implied, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not guarantee continuous or uninterrupted access to your Account. This warranty gives you specific legal rights.
7. In no event shall we or our suppliers be liable for any special, incidental or consequential damages (however arising, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with this agreement. Our liability, and the liability of our suppliers, to you or any third parties is limited to the amount of fees you paid in the 12 months prior to the action giving rise to liability.
8. Through your Account, we provide you with unfiltered access to other people's content. We cannot, nor do we try to, control the content that you will receive. By its very nature, other people's content may be offensive, harmful or inaccurate, and in some cases content will be mislabelled or deceptively labelled. We expect that you will use caution-and common sense-when using your Account. Furthermore, you shall comply with all applicable laws regarding your access to your Account.
9. The following applies to your content:
9.1 You are solely responsible for your content, and we act as a passive conduit for your online distribution and publication of your information. However, we reserve the right to take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Provider(s) or other suppliers.
9.2 The content you distribute or request to receive (directly or indirectly) through your Account, any products and services you may choose to offer through your Account (if permitted to do so), and any user name you select:
(a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising);
(c) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(d) shall not be obscene, indecent or contain pornography
(e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your Account or take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate your messages without delivering them or prevent messages from reaching you.
9.3 You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright and publicity rights, in any media now known or not currently known, with respect to any content you provide to us in any public space on our Website.
10. This Agreement shall be governed in all respects by the laws of the United Kingdom. Both parties submit to jurisdiction in United Kingdom and further agree that any cause of action arising under this Agreement shall be brought in a court in United Kingdom. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If we ask a third party to provide services through the Website or for your Account, the provisions of this Agreement shall apply to your use of their services. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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