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Terms of Use

NightMyWorld : Terms of Use

 

 

 

The following Terms of Use (“Terms”) applies to viewers, users, businesses, deejays, promoters and all people who have access to the website www.NightMyWorld.com. By viewing or using this Site you agree to these Terms.  If you do not agree to these Terms, do not use this Site.  Any access or use of this website is undertaken at the user's own risk.

 

We may, from time to time, without notice, update or revise these Terms.  Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms as updated or revised.  You can view the most current Terms of Use at any time by clicking on the Terms of Use link at the bottom of the Site. It is your responsibility to review the Terms of Use periodically.

 

If you violate the Terms of Use, we may terminate any and all accounts you have established at the Site NightMyWorld.com. You acknowledge that the Company is not required to provide you notice prior to terminating your Account(s).

 

STATEMENT OF RIGHTS AND RESPONSIBILITIES:

 

Parties: 

 

"You" and "your" refer to you, as a user of the Service.

 

A "user" is a browser, a fan, a deejay, a promoter, a business owner or representative of the business, someone who accesses, login, browse, communicate, downloads information or in any other uses of the Service. 

 

"We," "us,” and "our" refer to the Company and www.NightMyWorld.com.

 

Content:

 

"Content" means images, photos, audio, text, email, promotions all other forms of data or communication.

 

"NightMyWorld.com Content" is content that we create and make available in connection with the Service.

 

"Site Content" is all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and NightMyWorld.com Content.

 

"Third Party Content" is Content that originates from parties other than NightMyWorld.com or its users, which is made available in connection with the Service.

 

“User Content” is all the information a given user uses to create a profile through and in connection with our services. This includes ratings, reviews, invitations, music download, picture, messages and information that the user publicly displays or is displayed in the user’s account profile. 

 

"Your Content" is all the information you will use to create your profile through and in connection with our services. This includes ratings, reviews, invitations, music download, picture, messages and information that you publicly display or is displayed in your account profile.

 

RESPONSIBILITY FOR YOUR CONTENT:

 

You are responsible for Your Content, and once it has been published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by NightMyWorld.com.

 

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any applicable local, state, national or international law in connection with your use of the Site area.

 

If you suspect that anyone is violating the above rules, you may report your concerns to us through the “Contact Us” link at the bottom of the page of the website.

 

THE COMPANY’S RIGHT TO USE YOUR CONTENT:

 

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against NightMyWorld.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

 

OWNERSHIP:

 

As between you and NightMyWorld.com, you own Your Content. We own the NightMyWorld.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the NightMyWorld.com Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the NightMyWorld.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the NightMyWorld.com Content are retained by us.

 

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

 

ADVERTISING:

 

NightMyWorld.com and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. 

 

PRIVACY:

 

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use NightMyWorld.com to share with others and how we collect and can use your content and information.

 

You own all of the content and information you post on NightMyWorld.com.  For content that is covered by intellectual property rights, like photos and music ("IP content"), you specifically give us the following permission, subject to your privacy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with NightMyWorld.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

 

When you publish content or information, it means that you are allowing everyone, including people off of NightMyWorld.com to access and use that information, and to associate it with you (i.e., your name and profile picture).

 

SAFETY:

 

NightMyWorld.com will do the maximum to keep the Site safe, and we will need your help for it. You additionally agree to abide by the following rules in connection with your use of the Site:

 

You will not send or otherwise post unauthorized commercial communications (such as spam) on NightMyWorld.com.

 

You will not collect users' content or information, or otherwise access NightMyWorld.com using automated means (such as harvesting bots, scrapers, spiders or robots).

 

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on NightMyWorld.com.

 

You will not solicit login information or access an account belonging to someone else.

 

You will not insult, intimidate, or harass any user.

 

You will not upload viruses or other malicious code.

 

You will not post content that: is hateful, threatening, or pornographic.

 

You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

 

You will not offer any contest, giveaway, or sweepstakes ("promotion") on NightMyWorld.com without our prior written consent. If we consent, you take full responsibility for the promotion.

 

You will not use NightMyWorld.com to do anything unlawful, misleading, malicious, or discriminatory.

 

If you suspect that anyone is violating the above rules, you may report your concerns to: jeanclaude@NightMyWorld.com.

 

REGISTRATION AND ACCOUNT SECURITY:

 

NightMyWorld.com users provide their real names and information. You additionally agree to abide by the following rules in connection with your use of the Site:

 

You will not provide any false personal information on NightMyWorld.com, or create an account for anyone else.

 

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

 

You will not create more than one personal profile.

 

If we disable your account, you will not be able to create another one without our permission from NightMyWorld.com.

 

You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

 

You will have to be 18 years of age to use NightMyWorld.com.

 

You will not use NightMyWorld.com if you are a convicted sex offender.

 

You will keep your contact information accurate and up-to-date.

 

You will not give your login information to anyone else for your own security and your account. 

 

THERE ARE TWO TYPES OF ACCOUNTS:

 

A "Personal Account" is an account for the User’s personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Service. You may not steal someone else identity (e.g., take the identity of a well know personality or your colleagues), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.

 

A "Business Account" is an account to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including an unobstructed photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately.

 

COMMUNICATIONS FROM NIGHTMYWORLD.COM AND OTHER USERS:

 

By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive messages or friend requests from other Users. You will also receive an e-mail promotion from businesses or music from deejays that you add in your list.

 

PROTECTING OTHER PEOPLE'S RIGHTS:

 

We can remove any content or information you post on NightMyWorld.com if we believe that it violates this Statement.  We can close any account if we find any use of profanity, nudity, insult, etc. In the case of promoters, we can disable your account if it is not updated or used for a period of 3 months.

 

You will not use our copyrights or trademarks, including our logo or NightMyWorld.com.  If you collect information from other users, you will need to obtain their consent and confirm that is for your own use and not NightMyWorld.com. You will need to post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on NightMyWorld.com.

 

SPECIAL PROVISIONS APPLICABLE TO SHARE LINKS:

 

If you include our Share Link button on your website, the following additional Terms apply to you:

 

We give you permission to use NightMyWorld.com Share Link button so that users can post links or content from your website on NightMyWorld.com.

 

You give us permission to use and allow others to use such links and content on NightMyWorld.com.

 

You will not place a Share Link button on any page containing content that would violate this Statement if posted on NightMyWorld.com.

 

LINKS TO OTHER WEB SITES AND SERVICES:

 

This Site contains links to other websites. The Company does not endorse these websites, is not responsible for them, and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk. 

 

ABOUT ADVERTISEMENTS ON NightMyWorld.com:

 

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

 

We do not give your content or information to advertisers without your consent.

 

You understand that we may not always identify paid services and communications as such.

  

Special Provisions Applicable to Advertisers

 

You can target your specific area by buying ads on NightMyWorld.com. The following additional Terms apply to you if you place an order through our online advertising portal ("Order"):

 

When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.

 

 

You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.

 

 

 

Your ads will comply with our Advertising Guidelines.

 

 

We will determine the size, placement, and positioning of your ads.

 

 

We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.

 

 

We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.  We do, however, have systems to detect and filter certain suspicious content. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running.  You are responsible for paying for those ads.

 

 

Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.

 

 

We can use your ads and related content and information for marketing or promotional purposes.

 

 

You will not issue any press release or make public statements about your relationship with NightMyWorld.com without written permission.

 

 

We may reject or remove any ad for any reason.

 

If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

 

You warrant that you have the legal authority to bind the advertiser to this Statement.

 

You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

  

Special Provisions Applicable to Pages:

  

If you create or administer a Page on NightMyWorld.com, you agree to our Pages Terms.

 

GRANT OF RIGHTS FOR THE MUSIC:

 

The rights granted hereunder shall include sale of permanent digital downloads, temporary digital downloads, interactive streaming (both tethered and non-tethered), non-interactive streaming (both promotional and fee based) and sale through so-called "Disc-on-Demand" services. Specific rights are more fully described on the attached fee schedule.

  

YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO OBTAIN ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF ANY “CONTENT” YOU POST ON NIGHTMYWORLD.COM. YOUR POSTING OF ANY “CONTENT” ON NIGHTMYWORLD.COM CONSTITUTES A REPRESENTATION THAT YOU OWN, OR HAVE THE NECESSARY PERMISSIONS TO USE AND AUTHORIZE THE USE OF ANY “CONTENT” YOU POST.

 

By clicking the "I Agree" button, you irrevocably grant to the Company, throughout the world, the non-exclusive right:

 

To sell, copy, distribute and otherwise exploit the "Recordings" (defined below) by all means and media (whether now known or existing in the future) through the any and all Internet consumer stores (e.g., "iTunes", "Rhapsody" and “Amazon”) now operational or hereafter available;

 

To collect all income deriving therefrom.

 

Use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and Company's general business.

  

YOU AGREE THAT YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

 

NightMyWorld.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders.

 

Please see the NightMyWorld.com Copyright Policy for further information.

 

You acknowledge and agree that NightMyWorld.com may disable access to your account, and/or disable access to any Recordings or any associated materials you provide to NightMyWorld.com, in the event that NightMyWorld.com receives any claim which, if true, would constitute a violation of your representations and warranties hereunder.

 

You agree that NightMyWorld.com may also deduct any and all revenues from your account which are received in connection with Recordings or other materials submitted by you which NightMyWorld.com believes, in its good faith discretion, violate these Terms of Use. 

 

You agree that you will not be entitled to any reimbursement for any fees paid by you to NightMyWorld.com in the event NightMyWorld.com disables access to your account, your Recordings and/or any other materials you provide to NightMyWorld.com, and/or deduct any revenues from your account as set forth in the preceding sentence.

 

RECORDINGS:

 

The term "Recordings" shall be defined as the sound recordings and audio/visual recordings that you submit to NightMyWorld.com at any time.

 

NightMyWorld.com reserves the right to reject any materials (including, without limitation, sound recordings, videos and/or artwork) that you submit, in its sole discretion.

 

You agree to submit all Recordings and artwork, at your sole expense, in the format(s) required by NightMyWorld.com or its consumer licensees.

 

Technical descriptions of such format(s) will be provided to you upon request. You agree that NightMyWorld.com and/or its suppliers will have the right to supplement existing artwork necessary to complete the packaging for “Deejay-Spins-On-Demand.” Reasonable efforts will be made to provide you with approval over such artwork, but in the event that you object to any such artwork your only remedy shall be to either:

 

Provide appropriate replacement artwork, or

 

Request prospective discontinuation of delivery of your materials in such manner. In no circumstances shall  NightMyWorld.com have any liability to you with respect to the quality, sufficiency or other aspect of the creation and delivery of such Deejay-Spins-On-Demand.

 

PAYMENTS:

 

Fees for Selling:  NightMyWorld.com does not charge a fee to load and list music on the site for sale. NightMyWorld.com does collect a fee for selling music.  This fee is in the form of a commission on each sale of a music track.  If you have a deejay/artist account, you will pay NightMyWorld.com a 20% commission on each sale of a music track.

 

If you are an artist or deejay, you will be liable for all PayPal, credit card, or other bank fees incurred in a transaction.  As a result, the net amount you receive from NightMyWorld.com for the sale of a music track on the site, after the applicable PayPal, credit card, and/or other bank fees are deducted, may be less than the price you set for that sale. 

 

Fraud/Sampling:  If you post a track for sale on NightMyWorld.com, You are representing that the track consists entirely of your original work.  You are liable for the resolution of any issues related to the ownership of any portion of any track you post for sale on NightMyWorld.com.  You agree to indemnify and hold harmless NightMyWorld.com from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to any track you post for sale on NightMyWorld.com.

 

NightMyWorld.com will hold the money until request of withdrawal. Net Income will be posted to your PayPal or bank account within 2 days after request of withdrawal. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals.

 

Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any  lawsuit commenced) no later than one year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.

 

To the extent that you owe any amounts to NightMyWorld.com as a consequence of these Terms of Use, NightMyWorld.com shall have the right to deduct all or a portion of such amounts from any Net Income otherwise then payable to you.

 

In the event that NightMyWorld.com has, in its sole discretion, reason to suspect that your account has been subjected to and/or involved in fraudulent activities, NightMyWorld.com reserves the right to discontinue posting of Net Income to your account and block your ability to otherwise withdraw funds therefrom, until satisfactory resolution and/or explanation of the suspect activities is obtained. To the extent that any fraudulent activities are determined to be caused by your or your affiliates actions or omissions, any costs incurred by NightMyWorld.com (including legal fees and costs) in connection therewith may, in addition to its other remedies, be deducted by NightMyWorld.com from any monies otherwise payable to you hereunder. Certain of NightMyWorld.com’s licensees may also have policies related to fraud and suspected fraudulent activities and you agree that it is your responsibility to investigate such policies, if any, and such policies shall be binding upon you hereunder.

 

The Net Income in your NightMyWorld.com account may be held by the Company in an interest-bearing account. The Company may, in its sole discretion, retain all interest earned on the Net Income or pay to you all or a portion of such interest.

 

In connection with your decision to use the NightMyWorld.com streaming media player, as a platform for users to stream your Recordings, you hereby waive any right to digital artist royalties, performance royalties or any other fees or royalties, statutory or otherwise, that NightMyWorld.com may be obligated to pay you or a third party in connection with such use of the Streaming Player. For the avoidance of doubt, to the extent that you utilize the Streaming Player on your own website or authorize its use on any other website on the Internet, you acknowledge and agree that NightMyWorld.com is not responsible to make any third party payments in connection with the Recordings and underlying musical compositions which you own and/or control.

 

To the extent that you elect to use certain tracks from your NightMyWorld.com library to distribute free to any parties (via Company's Streaming Player or otherwise) or distribute directly through your own website, you agree that you will be solely responsible for any of the above referenced third party payment obligations resulting from such deliveries. Without limiting any of the foregoing, you expressly agree to either waive music publishing royalties (if you are the owner) or pay any necessary royalties due to third party publishers as a result of any such free distribution.

 

In the event that NightMyWorld.com is presented with a claim of breach or violation of copyright or trademark laws, failure to comply with any third party license requirement or any other claim which, if true, would constitute your breach of, or non-compliance with, any of your representations, warranties or agreements hereunder, and in its reasonable business judgment Company elects to engage an attorney to review and/or respond to such claim, Company shall - in its sole discretion - have the right to deduct from your account or charge your credit card up to $500 to offset the costs of associated legal fees, as well as any and all revenues from your account which are received in connection with Recordings or other materials submitted by you which are the subject of such claim.

 

COPYRIGHT, LICENSES AND IDEA SUBMISSIONS:

 

The entire contents of the Site are protected by international copyright and trademark laws.

 

The owner of the copyrights and trademarks are of NightMyWorld.com, its members, its affiliates or other third party licensors.

 

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT PRIOR WRITTEN PERMISSION FROM NIGHTMYWORLD.COM.

 

You may however download music files after you purchase them and these files are subject to licensing terms set forth by the members (musicians).

 

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

 

TRADEMARKS:

 

With the exception of the music you upload; publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of NightMyWorld.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners. NightMyWorld.com does not get any rights to your music at all; you retain all rights and ownership.

 

USE OF THE SITE:

 

You understand that, except for information, products or services clearly identified as being supplied by NightMyWorld.com, the Company does not operate, control or endorse any information, products or services on the Internet in any way. Except for NightMyWorld.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with NightMyWorld.com.

 

You also understand that NightMyWorld.com takes reasonable measures to ensure files will be free of malware but cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

 

The music you purchase is uploaded by members and does not originate from NightMyWorld.com.

 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

 

You assume total responsibility and risk for your use of the site and the internet.

 

NightMyWorld.com provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and NightMyWorld.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

 

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.

 

NightMyWorld.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

 

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you.

 

Your access to such materials is at your risk. NightMyWorld.com has no control over and accepts no responsibility whatsoever for such materials.

 

LIMITATIONS AND LIABILITIES:

 

In no event will NightMyWorld.com be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.

 

Even if NightMyWorld.com or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  In such states, NightMyWorld.com liability is limited to the greatest extent permitted by law.

 

NightMyWorld.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site.

 

When you access a non-NightMyWorld.com web site, please understand that it is independent from NightMyWorld.com, and that NightMyWorld.com has no control over the content on that web site. In addition, a link to a NightMyWorld.com web site does not mean that NightMyWorld.com endorses or accepts any responsibility for the content, or the use, of such web site.

 

COPYRIGHT INFRINGEMENT POLICY:

 

You agree that you will not use the Site to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party.

 

Without limiting the preceding sentence, you agree that you will not use the site to upload or download any musical performances, recordings, or compositions, or other proprietary material (as defined below), including but not limited to artists' likenesses or images, or any content of any kind available on the site unless you have obtained all necessary rights and licenses from the owners of such proprietary material, through purchase or otherwise.

 

You agree to indemnify, defend and hold harmless NightMyWorld.com, its affiliates, customers, suppliers, and each of its and their employees, officers, directors,  successors, licensees, assigns, and advisors (collectively the "NightMyWorld.com Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and/or actions of any kind with respect to the Site infringes  upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind. By making any content available through this application, you represent and warrant that you own all content posted by you on or through this application or otherwise have the rights necessary to use such content for purposes of the application and including your content through this application does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, contract rights or any other rights of any person or entity or any law or regulation.  Even if you lawfully possess a copy of the content which you are uploading (for example, you purchased a copy of a photo), this alone does not give you the right to include this content in this application.

 

CLAIMS OF COPYRIGHT INFRINGEMENT:

 

NightMyWorld.com is concerned about protecting the copyright and other intellectual property rights of others. If you believe you have a copyright infringement claim resulting from material posted on this website, you may notify NightMyWorld.com by providing the following information to our designated agent, as required by D17 U.S.C. § 512:

 

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 address, telephone number, and e-mail address;

 

 

A 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; and

 

 

A statement by you, made under 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.

 

 

Please provide your notification to our designated agent who may be contacted as follows:

 

      NightMyWorld.com c/o Copyright Agent
      2111 Wisconsin Avenue, NW
      Suite 205
      Washington, D.C. 20007

 

NightMyWorld.com will take reasonable steps to place the two parties in contact with one another so that the dispute can be resolved.

 

NightMyWorld.com will take no active part in the dispute resolution.

 

TERMINATION:

 

If you violate the Terms and Conditions or spirit of this Site, or otherwise create risk or possible legal exposure for NightMyWorld.com, we can stop providing all or part of NightMyWorld.com to you.

 

We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

 

DISPUTES:

 

If anyone brings a claim against us related to your actions, content or information on NightMyWorld.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

We do not guarantee that NightMyWorld.com will be safe or secure, NightMyWorld.com is not responsible for the actions, content, information, or data of third parties, and agents from any claims and damages, know and unknown, arising out of or in any way connected with any claim you have against any such third parties.

 

We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or, NightMyWorld.com, even if we have been advised of the possibility of such damages.

 

GENERAL TERMS:

 

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

 

We may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or communications through the Service.

 

The Terms of Use contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.

 

If any provision of the Terms of Use is found to be unratified or fallacious, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect.

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