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This site is part of the Nightlife Media ("NM") network of media services, sites & applications; and this policy describes the information we process to support these services and other products and features offered by NM.
At NM we take your privacy very seriously. Because of this we want to provide you with explicit information on how we collect, gather, and identify information during your use of our products and services. This information may be expanded or updated as we change or develop our services. For this reason, we recommend that you review this policy from time-to-time to see if anything has changed. Your continued use of our products and services signifies your acceptance of our privacy policy.
What information do we collect and how do we use it?
Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, phone number, email or postal address. In many cases we need this information to provide our products and services to you. The types of information we collect depend on how you use our Products.
The amount of Personally Identifiable Information that you choose to disclose to NM is completely up to you. The only way we know something about you personally is if you provide it to us in conjunction with one of our services.
NM collects information on our users in three ways: by your voluntary submissions (for instance, if you request a reservation; sign up for an account or one of our email newsletters) through surveys, sweepstakes and/or contest entries; and through cookie technology.
In our effort to provide personalization and opportunities for prizes and services, we may at times ask you to submit information such as your name, email address, and mobile phone numer or to share your interests and hobbies with us. You never have to answer these questions, and you can decline this exchange of information on any media site or application on the Internet - not just ours - at any time. However, if you should choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information, such as reservation requests, a sweepstakes entry, or the purchase and shipment of products and prizes when you visit our network.
The information NM collects is used in a variety of ways: for internal review; to improve the content of our products, thus making your user experience more valuable; to notify you about updates to the service; and to let you know about products and services that you may be interested in.
Email & Mobile Phone: If you have provided us your email address or mobile phone number, NM periodically sends promotional emails and text/mobile phone messages to its subscribers about services offered by NM and its partners. If you do not wish to receive email information from NM, please let us know by emailing us at: remove@NightlifeMedia.net or by writing us at Nightlife Media, 625 N. Michigan Ave, Suite 1000, Chicago, IL 60611.
Things you and others do and provide.
We collect the content, communications and other information you provide when you use our Products, including
when
you sign up for an account, create or share content, and message or communicate with others. This can include
information in or about the content you provide (like metadata), such as the location of a photo or the date a
file
was created. It can also include what you see through features we provide, such as our camera, so we can do
things
like suggest masks and filters that you might like, or give you tips on using camera formats. Our systems
automatically process content and communications you and others provide to analyze context and what's in them.
Data with special protections: You can choose to provide information in your NM profile fields about your religious views, political views, who you are "interested in," or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country.
Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features like our camera.
Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase to buy tickets, book a reservation, or make a donation); we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.
Device Information
As described below, we collect information from and about the computers, phones, connected TVs and other
web-connected devices you use that integrate with our Products, and we combine this information across different
devices you use. For example, we use information collected about your use of our Products on your phone to
better
personalize the content (including ads) or features you see when you use our Products on another device, such as
your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone
on
a different device.
Information we obtain from these devices includes:
Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to NM Company Products associated with the same device or account).
Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV.
Cookie data: data from cookies stored on your device, including cookie IDs and settings.
Information from partners.
Advertisers, app developers, and publishers can send us information through NM Business Tools they use,
including
our social plug-ins (such as the Like button), NM Login, our APIs and SDKs, or the NM pixel. These partners
provide
information about your activities off NM—including information about your device, websites you visit, purchases
you
make, the ads you see, and how you use their services—whether or not you have a NM account or are logged into
NM.
For example, a game developer could use our API to tell us what games you play, or a business could tell us
about a
purchase you made in its store. We also receive information about your online and offline actions and purchases
from
third-party data providers who have the rights to provide us with your information.
Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.
How do we use this information?
Provide, personalize and improve our Products.
We use the information we have to deliver our Products, including to personalize features and content (including
your Social Feed, Business Feed, and ads) and make suggestions for you (such as content, groups or events you
may be
interested in or topics you may want to follow) on and off our Products. To create personalized Products that
are
unique and relevant to you, we use your connections, preferences, interests and activities based on the data we
collect and learn from you and others (including any data with special protections you choose to provide); how
you
use and interact with our Products; and the people, places, or things you're connected to and interested in on
and
off our Products.
Information across NM Products and devices: We connect information about your activities on different NM Products and devices to provide a more tailored and consistent experience on all NM Products you use, wherever you use them. For example, we can suggest that you join a group on NM that includes people you follow on Musicland or Nightlife Television or communicate with using messengers. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one NM Product when you sign up for an account on a different Product.
Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of NM Products (such as check-ins or events you attend).
Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
Face, Location, & Consumer Product recognition: We use face, location, & product recognition technology to recognize you & public figures (such as celebrities & entertainers), locations (such as Times Square New York) and consumer products (such as a Gucci purse; in photos, videos and camera experiences. The face-recognition templates we create may constitute data with special protections under the laws of your country.
Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you.
Provide measurement, analytics, and other business services.
We use the information we have (including your activity off our Products, such as the websites you visit and ads
you
see) to help advertisers and other partners measure the effectiveness and distribution of their ads and
services,
and understand the types of people who use their services and how people interact with their websites, apps, and
services.
Promote safety, integrity and security.
We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam
and
other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of NM
Products. For example, we use data we have to investigate suspicious activity or violations of our terms or
policies.
Communicate with you.
We use the information we have to send you marketing communications, communicate with you about our Products,
and
let you know about our policies and terms. We also use your information to respond to you when you contact us.
How is this information shared and with whom does NM share information
Your information is shared with others in the following ways:
People and accounts you share and communicate with
When you share and communicate using our Products, you choose the audience for what you share. For example, when
you
post on NM, you select the audience for the post, such as a group, all of your friends, the public, or a
customized
list of people. Similarly, when you use private messaging to communicate with people or businesses, those people
and
businesses can see the content you send. Your network can also see actions you have taken on our Products,
including
engagement with ads and sponsored content. We also let other accounts see who has viewed their NM posts.
Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your profile name & username; any information you share with a public audience; information in your public profile on NM; and content you share on a NM Page, or any other public forum, such as NM Marketplace. You, other people using NM, and we can provide access to or send public information to anyone on or off our Products, including in other NM Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products.
Content others share or reshare about you
You should consider who you choose to share with, because people who can see your activity on our Products can
choose to share it with others on and off our Products, including people and businesses outside the audience you
shared with. For example, when you share a post or send a message to specific friends or accounts, they can
download, screenshot, or reshare that content to others across or off our Products, in person or in virtual
reality
experiences. Also, when you comment on someone else's post or react to their content, your comment or reaction
is
visible to anyone who can see the other person's content, and that person can change the audience later.
People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a post, mention or tag you at a location in a post, or share information about you in their posts or messages.
Information about your active status or presence on our Products.
People in your networks can see signals telling them whether you are active on our Products, including whether
you
are currently active or when you last used our Products.
Apps, websites, and third-party integrations on or using our Products.
When you choose to use third-party apps, websites, or other services that use, or are integrated with, our
Products,
they can receive information about what you post or share. For example, when you play a game with your NM
friends or
use a NM Comment or Share button on a website, the game developer or website can receive information about your
activities in the game or receive a comment or link that you share from the website on NM. Also, when you
download
or use such third-party services, they can access your public profile on NM, and any information that you share
with
them. Information collected by these third-party services is subject to their own terms and policies, not this
one.
Devices and operating systems providing native versions of NM products or apps (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.
New owner.
If the ownership or control of all or part of our Products or their assets changes, we may transfer your
information
to the new owner.
Sharing with Third-Party Partners
We work with third-party partners who help us provide and improve our Products or who use NM Business Tools to
grow
their businesses, which makes it possible to operate our companies and provide valued services to people around
the
world. Here are the types of third parties we share information with:
Partners who use our analytics services.
We provide aggregated statistics and insights that help people and businesses understand how people are engaging
with their posts, listings, Pages, videos and other content on and off the NM Products. For example, Page admins
and
NM business profiles receive information about the number of people or accounts who viewed, reacted to, or
commented
on their posts, as well as aggregate demographic and other information that helps them understand interactions
with
their Page or account.
Advertisers.
We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing,
but
we don't share information that personally identifies you (information such as your name or email address that
by
itself can be used to contact you or identifies who you are) unless you give us permission. For example, we
provide
general demographic and interest information to advertisers (for example, that an ad was seen by a woman between
the
ages of 25 and 34 who lives in Dubai and likes electronic dance music) to help them better understand their
audience. We also confirm which NM ads led you to make a purchase or take an action with an advertiser.
Measurement partners.
We share information about you with companies that aggregate it to provide analytics and measurement reports to
our
partners.
Partners offering goods and services in our Products.
When you subscribe to receive premium content, or buy something from a seller in our Products, the content
creator
or seller can receive your public information and other information you share with them, as well as the
information
needed to complete the transaction, including shipping and contact details.
Vendors and service providers.
We provide information and content to vendors and service providers who support our business, such as by
providing
technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating
payments or conducting surveys.
Researchers and academics.
We also provide information and content to research partners and academics to conduct research that advances
innovation that support our business or mission, and enhances discovery and innovation on topics of general
social
welfare, technological advancement, public interest, health and well-being.
Law enforcement or legal requests.
We share information with law enforcement or in response to legal requests in the circumstances outlined below.
From time to time we share information with other reputable organizations for marketing purposes or the information is used by NM to contact consumers for its own marketing endeavors. As a valued consumer, we offer you the opportunity to "opt out", or request not to accept these marketing opportunities. If at any time you change your mind and do not want NM to share your email address, mobile phone number or home address with other companies and/or organizations, or would simply like to be removed from the list, please let us know by emailing us at: remove@NightlifeMedia.net or by writing us at Nightlife Media., 625 N. Michigan Ave, Suite 1000, Chicago, IL 60611.
Sweepstakes/Contests
From time-to-time NM, along with other reputable companies, provides sweepstakes and other contests for the
enjoyment of our users. By participating in the contest or sweepstakes and answering any and all questions, the
user
understands that NM and/or the involved company(s) may use the information obtained for marketing purposes.
Children
under 18 may not participate in any sweepstakes or contest promoted by NM.
Cookies & Advertising
NM may automatically collect non-personally identifiable information and data through the use of "cookies."
Cookies
are small text files a Web site uses to recognize repeat users, facilitate the user's ongoing access to the site
and
facilitate the use of the site. "Cookies" also allow a site to track usage behavior and compile site usage
information that will allow for the improvement of content and target advertising.
We use third-party advertising companies to serve ads when you visit our Web sites. These companies may use aggregated information (i.e. not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here http://www.networkadvertising.org/managing/opt_out.asp
Some sites in the Nightlife Media Network also use a third party to collect non-personally identifiable information using web beacons.
Click here: http://www.nielsen-netratings.com/privacy/sitecensus.htm to learn more about how we use a third party service to collect and use information on these sites.
About Children's Privacy
NM is committed to the safety of our children. Children under 18 may not participate in any sweepstakes or
contests
on NM. Also, we encourage children under the age of 18 to ask a parent for permission before providing or
sending
any information to anyone online.
How can I manage or delete information about me?
We store data until it is no longer necessary to provide our services and NM Products, or until your account is
deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of
the
data, why it is collected and processed, and relevant legal or operational retention needs.
When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted.
How do we respond to law enforcement & legal requests?
We access, preserve and share your information with regulators, law enforcement or others:
In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.
Information we receive about you (including financial transaction data related to purchases made with NM) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.
How do we operate and transfer data as part of our global services?
We share information globally, both internally within the NM Companies, and externally with our partners and
with
those you connect and share with around the world in accordance with this policy. Your information may, for
example,
be transferred or transmitted to, or stored and processed in the United States or other countries outside of
where
you live for the purposes as described in this policy. These data transfers are necessary to provide the
services
set forth in the NM Terms and to globally operate and provide our Products to you. We utilize standard contract
clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain
your consent for these data transfers to the United States and other countries.
How will we notify you of changes to this policy?
We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy
before you choose to continue using our Products.
Your Consent
By using our products & services, you consent to the collection and use of the information described in this
Privacy Policy by NM.
For questions and/or comments.
You can contact us online or by mail at:
Nightlife Media, Inc.
ATTN: Privacy Operations
625 N. Michigan Ave, Suite 1000
Chicago, IL 60611
Date of Last Revision: September 13, 2018
This site is part of the Nightlife Media ("NM") network of media services, sites & applications; and these Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with Nightlife Media and are not a person
barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least
13
years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that you are authorized to do so and
have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these
Terms shall refer to such entity.
2. Privacy
Our Privacy Policy ({{datadomain}}unl/privacy) describes how we handle
the information you provide to us when you use our Services. You understand that through your use of the
Services
you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for storage, processing and use by
Nightlife Media and its affiliates.
3. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with
applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with
others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:
Nightlife Media, Inc.
Attn: Copyright Agent
625 N. Michigan Ave, Suite 1000
Chicago, IL 60611
Email: copyright@nightlifemedia.net
Your Rights and Grant of Rights in the Content
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is
yours — you own your Content (and your incorporated audio, photos and videos are considered part of the
Content).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide,
non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display and distribute such Content in any and all media or distribution methods (now known or later
developed). This license authorizes us to make your Content available to the rest of the world and to let others
do the same. You agree that this license includes the right for Nightlife Media to provide, promote, and improve
the Services and to make Content submitted to or through the Services available to other companies,
organizations
or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other
media and services, subject to our terms and conditions for such Content use. Such additional uses by Nightlife
Media, or other companies, organizations or individuals, may be made with no compensation paid to you with
respect
to the Content that you submit, post, transmit or otherwise make available through the Services.
Nightlife Media has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Nightlife Media the license described above.
4. Using the Services
Please review the Nightlife Media Rules & Community Guidelines,
which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services
only
in compliance with these Terms and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for Nightlife Media granting you access to and use of the Services, you agree that Nightlife Media and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Nightlife Media’s computer systems, or the technical delivery systems of Nightlife Media’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Nightlife Media (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Nightlife Media (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Nightlife Media is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Nightlife Media, its users and the public. Nightlife Media does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
If you use promotion & advertising features of the Services, you agree to our Commercial Services Agreement ({{datadomain}}unl/commercial-terms).
Other terms and policies that may apply to you
Nightlife Media Rules: These guidelines outline our standards regarding the content you post to Nightlife Media properties and your activity on the Nightlife Media network.
Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across the Nightlife Media Products.
Self-Serve Ad Terms: These terms apply when you use self-serve publishing & advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.
Community Payment Terms: These terms apply to payments made on or through Nightlife Media.
Commerce Policy: These guidelines outline the policies that apply when you offer products and services for sale on Nightlife Media.
Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on any Nightlife Media properties.
Your Account
You may need to create an account to use some of our Services. You are responsible for safeguarding your
account,
so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or
damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications,
such as service announcements and administrative messages. These communications are considered part of the
Services and your account, and you may not be able to opt-out from receiving them. If you added your phone
number
to your account and you later change or deactivate that phone number, you must update your account information
to
help prevent us from communicating with anyone who acquires your old number.
Your License to Use the Services
Nightlife Media gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use
the
software provided to you as part of the Services. This license has the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by Nightlife Media, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use any of the Nightlife Media brands or services names or any of the Nightlife Media brands' trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Nightlife Media and its licensors. Any feedback, comments, or suggestions you may provide regarding Nightlife Media, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with Nightlife Media at any time by deleting your accounts and discontinuing
your
use of the Services. See the Privacy Policy for more
information on what happens to your information.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Nightlife Media Rules & Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
5. Disclaimers and Limitations of Liability
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the
Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Nightlife Media Entities” refers to
Nightlife Media, its parents, affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under
applicable law, THE Nightlife Media ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Nightlife Media Entities make no
warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer
system, loss of data, or other harm that results from your access to or use of the Services or any Content;
(iii)
the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure,
or error-free basis. No advice or information, whether oral or written, obtained from the Nightlife Media
Entities
or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Nightlife Media ENTITIES SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY
THIRD
PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION
OF
YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Nightlife Media ENTITIES EXCEED
THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Nightlife Media, IF ANY, IN THE
PAST
SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY
THEORY
OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND
WHETHER
OR NOT THE Nightlife Media ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version
of
the Terms, which will always be at nightlife.net/unl/user-agreement, will govern our relationship with you. We
will try to notify you of material revisions, for example via a service notification or an email to the email
associated with your account. By continuing to access or use the Services after those revisions become
effective,
you agree to be bound by the revised Terms.
The laws of the State of Illinois, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Nightlife Media. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Dupage County, Illinois, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Illinois (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Nightlife Media’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Nightlife Media, Inc., 625 N. Michigan Ave, Suite 1000, Chicago, IL 60611 U.S.A. If you have any questions about these Terms, please contact us.
Effective: September 13, 2018