Terms of Service/User Agreement/Disclaimer

This website and its component services (referred to herein as “Site” or “Service”) are presented to you on the terms and conditions set forth below by funforthenight.com. By accessing or using this Service, you (“You”) agree to each and every term and condition stated below, and as may be revised from time to time. By accessing or using this Site or Service, you hereby state and affirm that You have read, understood in full, and agree with all of the following terms of service (“Agreement” or “TOS”):

 

  1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE

You must be of legal age to enter into any binding agreements as this is, meaning you must be at least 18 years of age or 21 years of age in some jurisdictions. This Site may contain images, language and sounds that are sexually erotic in nature. By accessing or using this Service, You represent and warrant that you are not offended by images of nudity, sexually charged language, and that “You” choose to be exposed to same herein. If “You” have a person under the age of majority in your household or who might otherwise gain access to this Site via your computer, the Company strongly encourages you to install filtering software to prevent access to this Site by a minor or a person who may be offended by its content. You represent and warrant that you will not allow a minor access to this Site. In accordance with 47 U.S.C. �230(d), “You” are hereby informed that “You” may research online saftey filters at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. We do not make any warranty or representation regarding these products so We highly recommend “You” conduct responsible due diligence before installing or purchasing any online filter. Further, We cannot and will not provide technical support for these products.

 

By using the Service, “You” expressly authorize the Company to communicate with “You” via electronic messaging, to the email address “You” have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.

 

  1. LIMITATION OF SERVICE

“You” agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service cannot be used by businesses or organizations. In no event can “You” use the Service to send spam to members, or to send marketing materials, or use the Service to sell products or services.

 

  1. FOR AMUSEMENT PURPOSES ONLY
  1. The Service offered is for “Your” personal, non-commercial use.
  2. “You” comprehend, acknowledge, and accept that our Service, presented in the style of an online dating service, is an entertainment service. All content is provided for the entertainment and amusement of “You”. Our Site does not guarantee that “You” will find a date, partner, or participant, or that “You” will meet any member, user or profile in person.

 

  1. POSTED CONTENT / LIMITS & RESTRICTIONS

The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by U.S. federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this Agreement is intended to waive or remove any such immunities and privileges.

“You” are solely responsible for any content “You” post or upload or transmit on the Site or through the Service, and “You” represent and warrant that “You” have all legal rights necessary to do so, including but not limited to rights under copyright.

 

  1. INDEMNITY

“You” agree to indemnify and hold the Company, and its affiliates, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys’ fees, made by any third party due to or arising out of images, language or content “You” submit, post to, text or transmit through the Service, “Your” use of the Service, “Your” connection to the Service, “Your” violation of the TOS, or “Your” violation of any rights of another person or entity. “You” further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content “You” submit, post to or transmit through the Service, “Your” use of the Service, “Your” connection to the Service, “Your” violation of the TOS, or “Your” violation of any rights of another, “You” will reimburse the Company for its reasonable attorneys’ fees and costs incurred in the defense of such action or claim.

 

  1. MODIFICATIONS TO SERVICE

“You” agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). “You” agree that the Company shall not be liable to “You” or to any third party for any modification, suspension or discontinuance of the Service.

 

  1. TERMINATION

Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, “You” acknowledge and agree that the Company, in its sole discretion, may at any time terminate “Your” profile, “Your” access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that “You” have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. “ou” agree that any termination of “Your” access to the Service under any provision of these Terms Of Service may be effected without “Your” prior notice, and “You” acknowledge and agree that the Company may immediately deactivate or delete “Your” account (or any part thereof) and all related information and files in “Your” account and/or prohibit any further access to such files or the Service. Further, “You” agree that the Company shall not be liable to “You” or any third party for any termination of “Your” access to, or removal of “Your” information from, the Service.

 

  1. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  The Company is not responsible for the availability of any external sites or resources. The Company has no control over such sites and resources, “You” acknowledge and agree that the Company 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 the Company 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.

 

  1. DEALINGS WITH ADVERTISERS / MARKETING PARTNERS

“Your” correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. “You” agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.

 

  1. 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 any 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 the Company or advertisers, “You” agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to “You” through the Service or advertisers.

 

The Company 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, or any third party does not, 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 the Company for use in accessing the Service.

 

  1. ARBITRATION

All disputes arising out of or in connection with this Agreement or “Your” access to or use of the Site or any Service must be submitted to and settled under binding arbitration under the Rules of Arbitration of the International Chamber of Commerce before one arbitrator appointed in accordance with the said Rules. Arbitration shall take place in Anguilla or other mutually agreed upon location. This Agreement shall be governed by the laws of Anguilla.

 

  1. NO CLASS ACTION

As a material inducement to Company’s offering of the Site and Service to “You”, and for entering into this Agreement, “You” represent, warrant, covenant and agree that “You” shall not initiate, nor aide – whether as a named plaintiff or as a member of any class of plaintiffs or aggrieved parties – any Class Action lawsuit or action, whether brought in a judicial proceeding or an arbitration proceeding, against Company and/or its directors, managers, officers, shareholders, employees or agents arising out of or relating to this Agreement or the Site or any Service offered through the Site. It is hereby understood and agreed that damages may be an inadequate remedy in the event of a breach of this provision, and that any such breach will cause Company irreparable harm and damage. Accordingly, “You” acknowledge and agree that Company shall be entitled to immediate injunctive or other equitable relief and to attorneys’ fees and costs, without waiving any additional rights or remedies available in law or in equity or by statute, in the event of actual or threatened breach of this provision by “You”.

 

  1. SEVERABILITY

Should any section or provision of this Agreement, or part thereof, be rendered or declared invalid in any proceeding having jurisdiction over this Agreement, such invalidation shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.

 

  1. DISCLAIMER OF WARRANTIES

“You” expressly understand and agree that:

By “Your” using of the service is  at “Your” own sole risk. the service is provided on an “as is” and “as when available” basis. The company expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

  1. Disclaimer of Warranties

“You” expressly understand and agree that: By “Your” use of the service, “You” take sole risk and that the service is provided to “You” on an “as is” and “when available” basis.  The Company expressly disclaims all warranties of any kind, expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

The Company makes no warranty that:

  1. The service will meet “Your” needs.
  2. The service will be uninterrupted, timely, secure, free of error.
  3. The outcome that may be obtained from the use of the service will be without error or be reliable.
  4. The quality of any of the products, service, information obtained, or any other materials purchased or gotten by “You” through the service will meet “Your” expectations.
  5. Any errors of any software will be corrected.

 

Any material downloaded or gotten through the use of the service is done using “Your” own judgement and risk.  That “You” will be solely responsible for any damage done to “Your” computer system or loss of data that results from the download of any materials obtained.

Any advice, information, whether spoken or written, obtained by “You”, from this site or through or from the service shall create any warranty not expressly stated in the Terms of Service.  

 

  1. LIMITATION OF LIABILITY

“You” expressly understand and agree upon that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses or personal damages resulting from emotional distress or any other harm or injury, resulting from:

  1. The use or the inability to use the service.
  2. The cost of procurement of a substitute of goods and services resulting from andy goods, data, information or services purchased or obtained or any messages received or any transactions entered into through or from the service, (even if Company has been advised of the possibility of said damages).
  3. Any unauthorized access to or any alteration of your transmissions or data.
  4. Any statements or any conduct of any third party on the service.
  5. Any other matter relating to the service, including but not limited to interactions or communications from or with any other member or profile.

The Company’s liability to “You” for any cause or reason whatsoever shall be at all times limited to the amount paid by “You”, if any, for “Your” use of the service during the term of “Your” use.  “You” expressly release and hold Company harmless from and against any claim, whether based in Tort, Contract, Statute, Regulation or any other theory, based on or arising from our use of the site or “Your” communications with any profile or person appearing on the site or any communication with any person whatsoever through the service.

 

  1. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitations or exclusions of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to “you”.

 

  1. COPYRIGHTS / DMCA AGENT

The Company respects the intellectual property rights of others, and we ask our members to do the same. “You” cannot post, reproduce or distribute copyrighted material unless “You” have received necessary rights under copyright to do so, which typically requires “You” to have obtained a written license from the copyright holder. If “You” believe that material in which “You” hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company’s Agent for receipt of notices of alleged copyright infringement (see below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

  • a description of the copyrighted work that “You” claim has been infringed;
  • a description of where the material that “You” claim is infringing is located on the site;
  • “Your” name, address, telephone number, and email address;
  • a written statement by “You” that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a written statement by “You”, made under penalty of perjury, that the above information is accurate and that “You” are the copyright owner or authorized to act on behalf of the copyright owner.

 

  1. MISCELLANEOUS

This Agreement, the Privacy Policy and any other posted terms and policies on the Site, which such additional terms and policies are incorporated herein by reference, constitute the entire agreement between “You” and the Company and govern “Your” use of the Service, superseding any prior agreements between “You” and the Company. Notwithstanding any law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

  1. ADDITIONAL USER AGREEMENT

By using this Service and/or applying for membership and subsequently becoming a member of this site, “You” hereby state and affirm that:

 

19.1. “You” are at least 18 (eighteen) years of age.

 

19.2. “You” acknowledge “You” cannot, will not and shall not, use any material obtained by and through this site in any commercial or professional manner, for any reason, at any time.

 

19.3. “You” shall be issued a Username and Password in order to gain access to this site and all content therein. “You” agree and understand that the Username and Password, and all material viewed must remain under “Your” personal control and “you” assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this site including but not limited to, allowing any other person under the age of majority to view, examine, or be subjected to the material. Logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this agreement, with resultant removal of Username and Password without recourse, refund, or further warning. “You” further agree that “You” shall use the Username and Password only for “Your” personal use with a typical internet Web Browser; specifically, the use of “robots” or other automated browsers is prohibited. “You” further agree “You” will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this site to any other natural person, for any reason, at any time.

 

19.4. “You” understand that this site does not make any warranty, express or implied, as to the content or nature of any material within this site, as being suitable for any purpose, real or imagined. For that reason the “You” agree and understand that the membership will continue with full force and effect for the period of time “You” are subscribed. “You” understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this site to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this site cannot guarantee compatibility of “Your” equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, or on-line service.

 

19.5. “You” understand that “You”access this site voluntarily and “You” assume all risks in doing so, “You” are responsible for “Your” own actions and agree to hold Company completely and irrevocably harmless from “Your” own actions

 

19.6. “You” further assume all responsibility and liability for transmitting data or material(s) and all contents of said data, at “Your” own risk, to or from this site’s Web Server, by any known or as yet unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof