ActiveNightlife.com Terms Of Service
ActiveNightlife.com is a social network and resource service that allows members to create unique personal, dating, professional, and business profiles in order to be better communicate with friends, colleagues, business connections, and meet new connections over the internet. The services offered by ActiveNightlife.com include Activenightlife.com and any and all services, information, content, and applications offered by ActiveNightlife.com at any given time. ActiveNightlife.com is hosted in the United States of America.
The Terms of Use Agreement sets forth the legally binding terms for use of the Active Nightlife Services. By using Active Nightlife Services, you are agreeing to be bound by this agreement, whether you are a visitor (just browsing the website) or a member (a registered user of ActiveNightlife.com). The term “user” refers to any member or visitor to ActiveNightlife.com. You are only authorized to use ActiveNightlife.com (no matter what your intentions are) if you follow the rules presented in this agreement. Please take the time and carefully read through this agreement, agree to it, and save it for future reference. If you would like to become a member, partner, advertiser, or affiliate to ActiveNightlife.com, you must read through this agreement and agree to follow all of the rules presented within this document.
This agreement includes ActiveNightlife.com policy and acceptable use of the Active Nightlife Services and Content Posted on the Active Nightlife website, your rights, obligations, and restrictions regarding your use of the Active Nightlife services and Active Nightlife.com Privacy Policy. In order to participate in Active Nightlife services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Active Nightlife service in which you chose to participate, those additional terms are hereby incorporated into this agreement. You may receive a copy of the agreement by emailing us at: privacy@ActiveNightlife.com, Subject: Terms of Use Agreement.
ActiveNightlife.com may modify this agreement from time to time and such modifications shall be effective upon posting by ActiveNightlife.com on the Active Nightlife website. You agree to be bound to any changes to this agreement when you use Active Nightlife services after any such modification is posted. It is therefore important that you review this agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on ActiveNightlife.com and that you provide to other users. Your ActiveNightlife.com profile may not include the following items: any photographs or media containing objectionable subject matter, including any content deemed illegal by USC 2257 and content that you do not personally own the sole rights to. All content that can be considered adult in nature including, nudity, lewd, sexually explicit, or suggesting sexual intent must be marked as adult content in order to prevent minors or other people viewing the content that may find it offensive. Despite this prohibition, information provided by other ActiveNightlife.com members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ActiveNightlife.com assumes no responsibility or liability for this material. If you become aware of misuse of the Active Nightlife services by any person, please contact Active Nightlife or click on the “report abuse” link on any Active Nightlife page.
ActiveNightlife.com reserves the right, in it’s sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Active Nightlife services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility: Use of and membership in the Active Nightlife services is void where prohibited. By using the Active Nightlife services, you represent and warrant that (a) all the registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of Active Nightlife services does not violate any applicable law or regulation. Your profile may be deleted and your membership maybe terminated without warning, if we believe that you are under 18 years of age.
2. Term: This agreement shall remain in full force and effect while you use the Active Nightlife services or a member. You may terminate you membership at any time, for any reason, by following the instructions on the member’s account settings page. ActiveNightlife.com may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect.
3. Fees: You acknowledge that ActiveNightlife.com reserves the right to charge for the Active Nightlife services and o change its fees from time to time in its discretion. If ActiveNightlife.com terminates you membership because you have breached the agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password: When you sign up to become a member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify ActiveNightlife.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of you account.
5. Non-commercial Use by Members: The Active Nightlife services are for the personal use of members only and may not be used in connection with any commercial endeavors except those that specifically endorsed or approved by ActiveNightlife.com. Illegal and/or unauthorized use of Active Nightlife services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized farming of or linking to the Active Nightlife website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from members’ profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Active Nightlife services.
6. Proprietary Rights in Content on ActiveNightlife.com:
1. ActiveNightlife.com does not claim any ownership rights in the test, files, images, photos, video, sounds, musical works, work of authorship, or any other materials (collectively, “content”) that you post to the Active Nightlife services. After posting your content to the Active Nightlife services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By displaying or publishing (“posting”} any content on or through the Active Nightlife services, you herby grant to ActiveNightlife.com a limited license to sue, modify, publicity perform, publicity display, reproduce, and distribute such content solely on and through the Active Nightlife services.
Without this license, ActiveNightlife.com would be unable to provide the Active Nightlife services. This license will terminate at the time you remove your content form the Active Nightlife services. The license does not grant AcitveNightlife.com the right to sell your content, nor does the license grant ActiveNightlife.com the right to distribute your content outside of the Active Nightlife services.
1. You represent and warrant that: (1) you won the content posted by you on or through the Active Nightlife services or otherwise have the right to grant the license set forth in this section, and (2) the posting of your content on or through the Active Nightlife services does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person. You agree to pay royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Active Nightlife services.
2. The Active nightlife services contain content of ActiveNightlife.com. ActiveNightlife.com content is protected by copyright, trademarks, patent, trade secret and other laws, and ActiveNightlife.com owns and retains all rights in the ActiveNightlife.com content and the Active Nightlife services. ActiveNightlife.com hereby grants you a limited revocable, nonsublicensable license to reproduce and display the ActiveNightlife.com content solely for your personal use in connection with viewing the Active Nightlife website and using the Active Nightlife services.
1. Content Posted:
1. ActiveNightlife.com may delete any content that in the sole judgment of ActiveNightlife.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ActiveNightlife.com assumes no responsibility for monitoring the Active Nightlife services for inappropriate content or conduct. If at any time ActiveNightlife.com chooses, in its sole discretion, to monitor the Active Nightlife services, ActiveNightlife.com nonetheless assumes no responsibility for the content, and no responsibility for the conduct of the user submitting any such content.
2. You are solely responsible for the content that you post on or through any of the Active Nightlife services, and any material or information that you transmit to other members and for your interactions with other users. ActiveNightlife.com does not endorse and has no control over the content. Content is not necessarily reviewed by ActiveNightlife.com prior to posting and does not necessarily reflect the opinions or policies of ActiveNightlife.com. ActiveNightlife.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
2. Content/Activity Prohibited: The following is a partial list of the kind of content that is illegal or prohibited to post on or through Active Nightlife services. ActiveNightlife.com reserves the right to investigate and appropriate legal action against anyone who, in ActiveNightlife.com sole discretion, violates this provision, including without limitation, removing the offending communication for the Active Nightlife services and terminating the membership of such violators. Prohibited content include, but is not limited to content that is the sole discretion of ActiveNightlife.com:
1. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against a group or individual;
2. Harasses or advocates harassment of another person;
3. Exploits people in a sexual or violent manner;
4. Contains violence or offensive subject matter;
5. Solicits personal information from anyone under the age of 18;
6. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy protect devices, or providing pirated music or links to pirated music files;
8. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;
9. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
11. Solicits passwords or personal identifying information for commercial or unlawful purposes form other users;
12. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. Includes a photograph of another person that you have posted without that person’s consent; or
14. For band and filmmaker profiles, uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Active Nightlife website and through the use of the Active Nightlife services. ActiveNightlife.com reserves the right to investigate and take appropriate legal action against anyone who, in ActiveNightlife.com sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but not limited to:
1. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
2. Unauthorized advertising to, or solicitation of, any member to buy or sell any products or services through the Active Nightlife services. You may not transmit any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from Active Nightlife services in order to contact, advertise to, solicit, or sell our members without their prior explicit consent. In order to protect our members from such advertising or solicitation, ActiveNightlife.com reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which ActiveNightlife.com deems appropriate is its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Active Nightlife services, you acknowledge that you will have caused substantial harm to ActiveNightlife.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ActiveNightlife.com $50 for each such unsolicited email or other unsolicited communication you send through the Active Nightlife services;
3. Covering or obscuring the banner advertisements on you profile page, or any ActiveNightlife.com page via HTML/CSS or any other means;
4. Any automated use of the system, such as using scripts to add friends or send comments or messages;
5. Interfering with, disrupting, or creating an undue burden on the Active Nightlife services or the networks or services connected to the Active Nightlife service;
6. Attempting to impersonate another member, person, business, or organization;
7. Using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. Selling or otherwise transferring your profile;
9. Using any information obtained by Active Nightlife services in order to harass, abuse, or harm another person;
10. Displaying an advertisement on you profile, or accepting payment or anything of value from a third person in exchange for your performing nay commercial activity on or through the Active Nightlife services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, sending private messages with a commercial purpose; pr
11. Using the Active Nightlife services in a manner inconsistent with any and all applicable laws and regulations.
1. Copyright Policy: you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ActiveNightlife.com to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ActiveNightlife.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of where the material that you claim has been infringed; (3) a description of where the material that you claim infringing is located on the Active Nightlife service; (4) your address, telephone number, and email address; (5) 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; (6) a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. ActiveNightlife.com copyright agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, ActiveNightlife.com, 3301 S. Spring Mountain Rd Suite #3, Las Vegas, NV 89102; Email: copyrightagent@activenightlife.com.
2. Member Disputes: You are solely responsible for your interactions with other ActiveNightlife.com members. ActiveNightlife.com reserves the right, but has no obligation, to monitor disputes between you and other members.
3. Privacy: Use of the Active Nightlife services is also governed by our Privacy Policy, which is incorporated into this agreement by this reference.
4. Disclaimers: ActiveNightlife.com is not responsible for any incorrect or inaccurate content posted on the Active Nightlife website or in connection with the Active Nightlife services, whether caused by users of the Active Nightlife services or by any of the equipment or programming associated with or utilized in the Active Nightlife services. Profiles created and posted by members on the Active Nightlife website may contain links to other websites. ActiveNightlife.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites or in no way investigated, monitored or checked for accuracy or completeness by ActiveNightlife.com. Inclusion of any linked website on the Active nightlife services does not imply approval or endorsement of the linked website by ActiveNightlife.com. When you access these third party sites, you do so at your own risk. ActiveNightlife.com takes no responsibility for third party advertisement which are posted on this Active Nightlife website or through the Active Nightlife services, nor does it take responsibility for the goods or services provided by advertisers. ActiveNightlife.com is not responsible for the conduct, whether online or offline, of any user of the Active Nightlife services. ActiveNightlife.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. ActiveNightlife.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Active Nightlife services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Active Nightlife services. Under no circumstances shall ActiveNightlife.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Active Nightlife services, attendance at an Active Nightlife event, from any content posted on or through the Active Nightlife services, or from the conduct of any users of the Active Nightlife, whether online or offline. The Active Nightlife services are provided “AS-IS” and as available and ActiveNightlife.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ActiveNightlife.com cannot guarantee and does now promise any specific result from use of the Active Nightlife services.
5. Limitation on Liability: In no event shall Activenightlife.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if ActiveNightlife.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AcitveNightlife.com liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to services during the term of membership.
6. U.S. Export Controls: Software available in connection with the Active Nightlife services (the “software”) is further subject to United States export controls. No software may be downloaded from Active Nightlife services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
7. Disputes: If there is any dispute about or involving the Active nightlife services, you agree that the dispute shall be governed by the laws of the State of Nevada, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the state of Nevada, city of Las Vegas. Either ActiveNightlife.com or you may demand that any dispute between ActiveNightlife.com and you about or involving the Active Nightlife services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Las Vegas, Nevada, USA, provided that the foregoing shall not prevent ActiveNightlife.com from seeking injunctive relief in a court of competent jurisdiction.
8. Indemnity: You agree to indemnify and hold ActiveNightlife.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your use of the Active Nightlife services in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you posted on the Active nightlife website or through the Active Nightlife services causes ActiveNightlife.com to be liable to another.
9. Other: This agreement is accepted upon your use of the Active Nightlife website or any of the Active Nightlife services and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and ActiveNightlife.com regarding the use of the Active Nightlife services. The failure of ActiveNightlife.com to exercise or enforce any right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. ActiveNightlife.com is a DBA of Our City Center, LLC. This agreement operates to the fullest extent permissible by law. If any provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: TOS@ActiveNightlife.com with any questions regarding this agreement.
I have read this agreement and agree to all of the provisions contained above.