The use of the SN website, mobile applications or other technology subject to the following terms:
B. Sharing Your Content and Information
1. Proprietary Rights. SN does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively “Member Content”) that you post on or through your profiles. After posting such Member Content, you continue to retain any and all such rights that you may have in your Member Content, subject to the limited license herein.
2. Limited License. Subject to any applicable account settings you select, you grant us a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, repost, modify (or reformat), rearrange, and distribute any Member Content not marked “private” on SN in any media formats and through any media channels. Nothing in this Agreement shall restrict SN’s rights under separate license to Member Content. However, this limited license does not grant SN the right to sell or otherwise distribute your Member Content outside of the SN Website, mobile applications or other technology. Please remember that the social service we provide is a public platform, and that other Members and Users may search for, see, use, and/or repost any Member Content that you make publically available through the website, mobile applications or other technology. You represent and warrant that: (i) you own the Member Content posted by you on or through the SN website, mobile applications or other technology or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Member Content on or through the SN website mobile applications or other technology does not violate the privacy rights, publicity rights, copyrights, contract rights or any other right of any person(s) or entity(ies). You agree to indemnify SN and pay for all royalties, fees, and any other monies owing any person or entity by reason of any Member Content posted by you on or through any SN services accessed through the SN website mobile applications or other technology.
3. Content Submission. SN may reject, refuse to post or delete any Member Content or any content or information furnished by any User for any reason, including Member Content that in the sole discretion of SN violates this Agreement or which may be offensive, illegal, or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. SN assumes no responsibility for monitoring the SN website, mobile applications or other technology or any SN services accessed through the SN website mobile applications or other technology for inappropriate Member Content, User content or information or conduct. If at any time SN chooses, in its sole discretion, to monitor such Member Content, SN nonetheless assumes no responsibility for the Member Content or an obligat ion to modify or remove such Member Content, nor does SN assume responsibility for any User submitting such Member Content.
4. Communications Content. Any communications content you create and send to your contacts (such as voice and text messages) (“Communications Content”) will show up on all your relevant mobile and electronic devices and these communications are stored on our database. Even if you remove this content from your device or account, copies of the Communication Content will remain viewable on your relevant contacts’ devices and will be stored on our database for a reasonable period of time. Therefore you should be aware that Communications Content that you send to other users can be shared by them with other users and cannot be removed from their devices unless the contact removes the data themselves.
5. Content Retention. Following termination or deactivation of your account, or if you remove any Member Content from your account or your profile, we may retain your Member Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other Members may retain and continue to display, reproduce, repost, modify, rearrange, and distribute any content or information furnished by any User and any of your Member Content that other Members have reposted on their own profile or account or which you have posted to public or semi-public areas of the website. If for any reason SN terminates its services, subject to the terms and conditions set forth herein, SN will make available for download all Member Content for each account for a reasonable period of time following the termination of services.
C. SN Content
Our website, mobile applications and other technology contain content belonging to SN (“SN Content”). SN Content is protected by copyright, trademark, patent, trade secret and other applicable laws and regulations. SN owns and retains all rights in the SN Content, the SN website mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. SN hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the SN Content (excluding any software code) solely for your personal use in connection with viewing the SN website, mobile applications or other technology and using any SN services accessed through the SN website, mobile applications or other technology. The SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology may contain content belonging to other Users or Members. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any SN Content or any User or Member content appearing on or through the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology.
We do our best to keep the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology safe, but we cannot guarantee the safety of any Member Content or Member or User information. By using the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology , you agree to do your part to keep other Users and Members’ safe and expressly acknowledge, understand and agree to the following commitments:
(i) To not post unauthorized commercial communications (such as spam) on SN;
(ii) To not collect Member’ Content or or Member or User information, or otherwise access SN, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
(iii) To not engage in unlawful multi-level marketing, such as a pyramid scheme, on SN;
(iv) To not upload viruses or other malicious code;
(v) To not solicit login information or access an account belonging to someone else;
(vi) To not bully, intimidate, or harass any Member or any other User;
(vii) To not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
(viii) To not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without the appropriate age-based restrictions;
(ix) To follow this Agreement and all applicable laws if you publicize or offer any contest, giveaway, sweepstakes or otherwise promote on SN;
(x) To not use SN to do anything unlawful, misleading, malicious, or discriminatory unlawful, misleading, malicious, or discriminatory ;
(xi) To not do anything that could disable, overburden, or impair the proper working or appearance of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, such as a denial of service attack or interference with page rendering or other functionality;
E. Registration and Account Security
1. Eligibility. You must be sixteen (16) years of age or older to register as a Member of SN and to use the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. Membership in is void where prohibited by law. By using and/or accessing the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, you represent and warrant that you have the right, authority, and capacity to: (i) enter into this Agreement; (ii) to abide by all of the terms and conditions of this Agreement; (iii) that you are at least sixteen(16) years of age; (iv) that you will not permit any person(s) under the age of sixteen(16) to have ac cess to any of the materials contained within this website; (v) that you will not use and/or view the website in any restricted location-namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
2. Registration/Membership. The SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology requires Users to register for an SN Member Account (your “SN Member Account”) to obtain access to the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. You can register as an individual and/or as an entity. By registering for as a Member, you agree to: (i) provide true, accurate, current and complete information about yourself as requested by our registration form (the “Registration Information”) and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. You may not sell� �or transfer SN Member Account to another party. In addition to other grounds for suspension or termination of your use of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, if you provide any information that is untrue, inaccurate, not current, incomplete, or we have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology and refuse you any and all further use of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology.
As part of the registration, we require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and SN Member Account and for logging out of your SN Member Account at the end of each session. You agree that SN cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities th at occur under your password or aSN Member Account. You agree (i) to notify us immediately of any unauthorized use of your password or SN Member Account or any other breach of security, and (ii) to ensure that you exit from your SN Member Account at the end of each session. We cannot and will not be liable for any loss or damage, and you agree to indemnify SN from any claim, arising from your failure to comply with this section.
3. Member Use. SN’s services are for the personal and promotional use of the Members; however, direct commercial endeavors may only be used if they are specifically endorsed or authorized by SN. We reserve the right to remove any commercial content in our sole discretion. Illegal and/or unauthorized use of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other te chnologyis prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. SN reserves the right to take appropriate legal action for any illegal or unauthorized use of the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology.
4. Fees. You acknowledge that SN reserves the right to charge for any portion of the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technologyand to change its fees (if any) from time to time, in its sole discretion. We will notify each Member if we decide to charge for any of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. If we terminate your membership because you have breached this Agreement, you shall not be entitled to any refund of any unused portion of fees or payments (if any.)
5. Termination of Membership Accounts. SN reserves the right to monitor all profiles and terminate any Member Account for any reason, with or without prior notice or explanation, and without liability. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. SN is not responsible for whom each Member associates with, nor do we guarantee that the Members whom you affiliate with are safe. SN does not perform any type of background check or other investigation on any of its Members.
F. Contests and Sweepstakes
1. Sponsorship and Eligibility to Enter
Sweepstake is sponsored by SocialNightlife LLC. There is no purchase necessary to enter or win. This Sweepstake is open to legal residents of the United States who are eighteen (18) years or older at the time of entry; however, the Contest is void in any and all states as otherwise prohibited or restricted by law. Employees of SocialNightLife.com, its affiliates, licensees, franchisees, advertising and promotional agencies and the immediate family members of each are not eligible.
2. Entry Period
Each month, starting on the fist day of the month until last day of the month. The period for the Prize (defined below) drawing of the Contest begins at 12:01 AM (PST) on the first day of the applicable month and ends at 11:59 PM (PST) of that same month (the “Qualification Period”).
3. How to Enter
Entry to this Contest is automatic when a User (defined below) earns points. Points are earned by users completing their profile, checking into events, and inviting friends to join SocialNightlife. No mechanically reproduced entries accepted. To enter and win the Prize the User must be the minimum legal age as required by the Nightclub of their choice (defined below) and by law. “User” or “Users” means an individual who is a member of SocialNightLife.com.
4. Duties of Participants; Limitation of Liability
By entering, participants agree to be bound by these rules and the decisions of SocialNightlife LLC, which shall be final. All federal, state, and local laws apply. SocialNightlife LLC and the employees, officers, directors, shareholders, agents, and representatives of SocialNightlife LLC affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of SocialNightLife.com that may cause the contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the contest; or (vi) any printing or typographical errors in any materials associated with the contest. SocialNightlife LLC is not responsible and/or liable for any damages related to, associated with and/or resulting from the Winner (defined below) winning this Contest and/or Prize.
5. Violation of Contest Rules
SocialNightlife LLC reserves the right to disqualify any participant or winner who, in its sole suspicion, tampers with the entry process, violates these rules or the Site Terms and Conditions, or acts in an unsportsmanlike or disruptive manner.
6. Selection of Winners; Chances of Winning
Prizes will be awarded to the User with the most points per Qualification Period, which is determined by the public leaderboard. The chances of winning are based on the number of points the User has. There is no limit on the number of points a User may collect. The Winner will be selected on or by the first day of each month by 8pm PST. In the event of a tie for the highest points in a Qualification period see “Event of a Tie” (below).
7. Description of Prizes
The prize per Qualification Period is entry to a Nightclub (defined below) for the Winner and up to three (3) other individuals and a VIP Table (defined below) for 4 people and up to ($1,000.00) to spend towards the table’s minimum spend. Any cost above the minimum spend on a table for 4, tax and tip are the responsibility of the winner. Winner has option to choose larger tables but SocialNightlife LLC will still only cover the minimum spend for a table for 4. Any additional individuals, guests, etc. exceeding the Winner and the other three (3) individuals to the VIP Table at the Nightclub, and their related and/or associated costs, fees, etc. is the responsibility of the Winner. Prizes cannot be sold or traded. “Nightclub” means a club, nightclub, venue, or the like located within the United States. “VIP Table” means a table at the Nightclub that is VIP or the like, as available by the Nightclub. Event of a Tie In the event there is a tie for the highest number of points per Qualification Period, the maximum cash value of the Prize ($1000) for that Qualification Period will be split evenly amongst the Winners.
8. Notification of Winners; Substitution of Prizes
Winners will be notified by electronic mail to the email address provided to SocialNightlife LLC and by the SocialNightlife application notification system. It is the Users responsibility to provide SocialNightlife LLC with the correct email address and any and all information as required for notifications. SocialNightLife.com will attempt to re-send said e-mail up to 4 times. If any winner does not respond within three days of the last attempt to contact winner or should the e-mail be returned as undeliverable after 4 attempts, the prize will be forfeited and the second runner up will become the winner. Winners may not substitute or transfer prizes. SocialNightlife LLC reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. Prizes are not redeemable for cash. All taxes on prize are winners’ responsibility. Limit: one prize per household per month.
Except where prohibited by law, entry constitutes permission to use winners’ names, hometowns and likenesses for online posting, and/or any advertising and publicity without additional compensation. Winners may also be required to sign and return a release of liability, declaration of eligibility and, where lawful, a publicity consent agreement, as conditions of receiving a prize. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize.
10. Inquiries or Questions
Any inquiries or questions regarding this contest, including any request for the names of the winners, may be sent by e-mail to email@example.com
G. Special Terms for Venue/Event Accounts
This website allows owners, organizers, event planners, promoters and other authorized managers (“Managers”) of certain “Venues,” including but not limited to, nightclubs, restaurants, hotels, bars, stores, theaters, stadiums and other venues of goods and services, and/or “Events,” including but not limited to, concerts, movies, sporting events, parties, and social events to create SN Member Accounts to advertise their specific Venue or Event (a “Venue/Event Account”). At times, these Managers may offer special offers and rewards in conjunction with their Venue or Event. At all times, such offers and rewards are owned and operated by the posting Managers. SN is not responsible for upholding, aiding or redeeming rewards or offers offered by such Venues and Events. SN is not responsi ble for the accuracy of the information provided by promoters, venues or their affiliates on the the SN website, mobile applications and other technology . You agree to hold SN harmless for any incorrect or inaccurate content or unfulfilled offers or ticket sales, posted on the SN website, mobile applications and other technologyby promoters, venues or their affiliates.
If you have a Venue/Event Account:
(i) You may only use the profile for your Venue/Event Account to promote your venue or event;
(ii) You may only administer a Venue/Event Account if you are an authorized representative of the subject on the profile;
(iv) All content posted on the profile for your Venue/Event Account will be made available to all Members using the SN website, mobile applications and other technology;
(v) You will not direct the profile for your Venue/Event Account, or any content on your profile, to anyone under the age of sixteen (16);
(vii) You will not use deceptive unlawful, misleading, malicious, or discriminatory practices to increase your fan base or for any other improper purpose;
(viii) You are responsible for ensuring that the profile for your Venue/Event Account, including any content you post on your profile, shall comply with all applicable laws, rules and regulations and this Agreement, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry;
(ix) You acknowledge that SN reserves the right to charge for any portion of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology and to change its fees (if any) from time to time, in its sole discretion. We will notify each Member if we decide to charge for any of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. If we terminate your membership because you have breached this Agreement, you shall not be entitled to any refund of any unused portion of fees or payments (if any.)
(x) You acknowledge that SN is in no way liable for the accuracy of any information, include any collected or aggregated information related to venues and events, furnished to you.
H. Special Terms for Merchant Deals
1. Deals offered on SN must comply with our Advertising Guidelines.
2. Your deal may include a Promotional Redemption Deadline before which you must honor the full promotional value of the Deal.
3. The Promotional Redemption Deadline must be clearly and conspicuously disclosed in all materials, including on the voucher itself.
4. As the merchant, you are responsible for understanding the applicable laws and honoring all vouchers as required by law, including any refund or cash-out obligations.
5. After the Promotional Redemption Deadline, you must fully honor the paid value of the voucher for at least the minimum time required by applicable laws.
6. Deals must be based on the regular selling price for the offered goods or services.
7. Once a deal has begun, it may not be altered or edited.
8. Deals may not include the following:
(i) Products or services that cannot be advertised on SN according to the Advertising Guidelines.
(ii) Products or services that, upon redemption, enroll customers into automatic renewal programs or memberships.
(iii) Products that are subject in your jurisdiction to minimum selling price or other restrictions that are inconsistent with offering the Deal on SN. This includes, but is not limited to, gasoline, dairy, gambling, or alcohol unless explicitly authorized by SN.
9. By Deal we mean the opportunity to purchase vouchers with promotional value or discounts, where the vouchers are offered and redeemable by a third party merchant featured in the Deal.
I. Communications; Privacy Aggregate Data Collected; Contacts
1. Communications; Privacy. You understand and agree that in order to perform to its specifications, the SN website, mobile applications and other technology will regularly communicate with SN and SN affiliates’ hardware/software/servers during the normal course of operation and such hardware/software/servers will retrieve, process, transmit and store data received from SN website, mobile applications and other technology and other devices which the SN website, mobile applications and other technology isuploaded onto (including live conversations and text conversations). Additionally, as set forth above, each Member will be required to provide SN with an email address when registering on the SN website, mobile applications and other technology and SN may request a telephone/mobile phone number in co nnection with the same. To the extent that SN gains such access to Communications Content or to information that is identifiable information about the users of the website, SN agrees that it (and/or its contractors and its affiliates) will not share or use that information except: (i) to communicate with each Member (via email or via notification sent through the website, or otherwise) regarding the SN website, mobile applications and other technologyand any SN services accessed through the SN website mobile applications or other technology (including any support or maintenance that SN, at its sole discretion, provides to the Member) or in order to implement and deliver the features and services associated with the contemplated use of the SN website, mobile applications and other technology, (ii) to deliver the features and functionality associated with the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, (iii) to diagnose problems and support our users and maintain and test and enhance the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, (iv) to monitor license compliance (v) to conduct other research and development activities, and (vi) to advertise.
3. Contacts. We offer contact importer tools to facilitate adding to your contacts (including customer relationship management tools, through Facebook and other social networks and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the SN services. For example, we may import your contact names, email, phone numbers, image, geographical location, etc. We also give you an opportunity to invite your contacts to register through the SN website, mobile applications and other technology and initiate any relevant downloads, and in connection with that activity you may provide us access to third party contact information. By using the importer tools or otherwise assenting to such activities, you agree that you are providing us with� �consent for such activities. Your contacts may be given the opportunity to unsubscribe or opt out of such activities on an individual basis.
J. Chat Rooms/Forums; Submissions; Third Party Transactions
1. Chat Rooms; Forums. You must be respectful of others when going into a chat room or forum. Members must not use vulgar, abusive, or hateful language. chat rooms and forums, including those accessed through the SN website, are provided to give the Members an interesting and stimulating arena where they may express their opinions and share their ideas. SN or affiliates do not endorse or advocate any opinions placed in any chat rooms or forums. Any submissions may be edited, removed, modified, published, transmitted and/or displayed by SN at any time and with no prior notice. In addition, you warrant that all rights in any upload materials have been waived. You also agree to indemnify and hold SN harmless from any postings you make in a forum or any statements made in a chat room� �and assume all liability for such posting or statements. You may not copy and paste into the forum or chat room or any other area of the site any email(s) sent to you, whether it be outside email(s) or email(s) sent within the SN website, without first obtaining the expressed or written approval from the party who originally sent such email(s).
2. Submissions. SN welcomes input from its Members. However, by sending us any submissions, you acknowledge and agree that (i) your submissions and their contents will automatically become the property of SN and SN shall be entitled to the unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you, (ii) your submissions do not contain the confidential or proprietary information of third parties, (iii) SN will consider the submissions to be non-confidential and non-proprietary, (iv) SN may have something similar to the submissions already under consideration or in development, and (v) SN will have no obligations concerning the submissions, contractual or otherwise (including but not limited to an obligation to keep the submis sions confidential).
3. Feedback. SN does, however, welcome your feedback regarding many areas of SN’s existing business. Thisis just one more way that SN can learn how to best satisfy your needs and the needs of its other Memvers. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at via the manner set forth on the SN website, mobile applications and other technology. Please provide only specific feedback on SN’s existing products or marketing strategies; do not include any ideas that SN’s policy will not permit it to accept or consider. Any feedback you provide to SN or any of its employees shall be deemed to be non-confidential and non-proprietary. SN shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commerci al or otherwise, without compensation or attribution to you.
4. Third Party Transactions. The SN website, mobile applications and other technology may contain links to other World Wide Web internet websites, resources, mobile applications or technologiesand may utilize and/or interface with other third party material, including open source libraries/components/applications/user interface/utilities (“Third Party Code”). SN provides notices, disclaimers and licensing requirements for Third Party Code, together with certain SN proprietary notices. The SN website, mobile applications and other technology may allow access to third party services, websites, mobile applications and other technologies and use of these may require internet access and you may be required to accept additional terms of service. You understand that in using such third party services, websit es, mobile applications and other technologies, you may encounter content that is deemed offensive, indecent, objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use these third party services, websites, mobile applications and other technologies at your own risk and that SN shall have no responsibility or liability to you for content that may be found to be offensive, indecent or objectionable. By using third party services, websites, mobile applications and other technologies, you acknowledge and agree that SN is not responsible for examining or evaluating the content, accuracy completeness, timeliness, validity, copyright compliance, lega lity, decency, quality or any other aspect of materials belonging to the third party services, websites, mobile applications and other technologies. Transactions that occur between the Member and third party links are strictly between the Member and the third party and are not the responsibility of SN. SN does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services websites, mobile applications and other technologies, or for any other materials, products, or services of third parties.
K. Disclaimers; Limited Liability; Disputes
1. Disclaimers. SN is not responsible for any incorrect or inaccurate content posted on the website or in connection with its services, whether caused by users of the SN website, mobile applications and other technology, Members, promoters, affiliates or by any of the equipment or programming associated with or utilized in any services access through the SN website, mobile applications and other technology. SN is not responsible for the conduct, whether online or offline, of any user of the website or Member of the service. SN 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, user or Member communications. SN 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 email or players on account of technical problems or traffic congestion on the Internet, at any website, mobile application or other technology or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service. Under no circumstances will SN be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, any content posted on or tra nsmitted to Members through the SN website, mobile applications and other technology, or any interactions between users of the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, whether online or offline. The the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technologyare provided “as is” and SN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SN cannot guarantee and does not promise any specific results from use of the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. 2. Limited Liability. In no event will SN, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of actual or anticipated profits, income, revenue, goodwill or anticipated savings, loss of data, inaccurate data in reports and metrics, wasted expenditure or cost of procurement of substitute goods or services arising from your use of the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, even if SN has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SN’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SN for your use of SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology during the term of Membership.
3. Disputes. SN does not control the information provided by other Members that are made available through the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. You may find other Members information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology. You are solely responsible for your interactions with other Members. In the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, or any dispute about or involving the the SN website, mobile applications and other technology and any SN services accessed through the SN website mobile applications or other technology, you agree that the dispute will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles, U nited States of America. You further hereby release SN, including its affiliates, officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” SN reserves the right, but has no obligation, to monitor disputes between you and other Members.
L. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with SN outside the United States:
(i) You consent to having your personal data transferred to and processed in the United States.
(ii) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on SN (such as advertising or payments) or operate a Platform application or website.
1. References to “us,” “we,” and “our” mean SN or SocialNightlife, LLC, as appropriate.
2. This Agreement makes up the entire agreement between the parties regarding SN, and supersedes any prior agreements.
3. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Agreement, it will not be considered a waiver.
5. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
7. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Agreement shall prevent us from complying with the law.
9. This Agreement does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing SN.
SocialNightlife.com (“SN” or “us”) helps you (“User” or “you”) connect with your fellow revelers of the
night and travelers of the world! SN was established to simplify keeping in touch with your friends, all the
while keeping current with your nightlife resources. And to assist venues and promoters to improve and
simplify operations and marketing. You work hard, so you deserve to play hard, and it is our goal to make
We welcome everyone 16 years of age and older to enjoy SN.
We understand that you may want to be selective to who you share your information with. SN allows you to decide how much information is shared through your privacy settings. Users should review the default privacy settings and change them to reflect your preferences.
On SN, you can share information with your friends and other people around you.
The User chooses the profile information available—including contact and personal information, pictures, interests and groups you join, as well as, any third-party applications or websites. The User also controls how the information is shared with those third-party applications and websites through the profile settings. Similarly, the User is able to access the same information for friends and other people.
Age Restriction. If you are under the age of 16, please do not attempt to register for any SN Technology or provide any personal information about yourself to us. SN does not knowingly allow users under the age of 16 to participate within our online community. SN does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register. In the event that SN learns that information has been collected from persons under the age of 16, SN will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under the age of 16, please contact us at privacy@SocialNightlife.com
II. Information We Receive
A. Information Provided by User:
Personal Information/User Content:
When you register with SN Technology, the User provides SN with certain personal information—including but not limited to name, email address, telephone number, address, gender, and birth date. During the registration process, SN allows the User to provide additional information— including schools attended, place of work, as well as other personal and general information. This information is used to better help your friends connect with you. In some cases, SN may ask for additional information for security reasons or to provide personalized and specific services.
The User is able to visit your profile at any time to add or remove personal information about yourself.
Once registered, the User has many options with SN. These options include but are not limited to: profile set up, ability to send messages, platform to establish and develop relationships, perform searches and queries, form groups, set up and coordinate events, add applications, modify page design, and shop.
SN may retain the details of transactions or payments you make on or through SN Technology. However, SN will only keep your payment source account number with your consent.
It is a violation of the SN Terms of Service and Conditions to misuse information provided on or through SN Technology. Improper collection and/or use should be reported to privacy@SocialNightlife.com.
If the User avails himself, herself or itself of SN’s invitation service to invite or tell a friend about our site, SN will ask for information needed to send such invitation (i.e. your friend’s email address). Your friend will receive an email or instant message containing your name inviting him/her to visit the website. SN may send up to three reminders to the invited friend. SN stores this information to send invitations and reminders, to register a friend connection if the invitation is accepted, to allow access to see invitations previously sent, and to track the success of our referral program. Your friend may contact us at privacy@SocialNightlife.com to request that we remove this information from our database.
B. Information we collect when you interact with SN
Site activity information.
SN keeps track of the actions taken on or through SN Technology, such as adding a friend, joining a group or event, creating a photo album, or authorizing a third party website or application. In some cases, the User is also taking an action when he or she provides information or content.
Access Device and Browser Information.
When you use and/or access SN Technology from a computer, mobile phone or other device, SN may collect your IP address, location, browser type, as well as any pages visited. This is gathered from all SN visitors and we store certain browser information using “cookies” or other similar methods.
Cookies are pieces of data stored on the User’s computer that are tied to information about the User. SN uses “cookie” technology to collect additional website usage data to improve our website and other services. Session ID cookies are used to confirm that Users are logged in. Once the User closes the browser, the cookies terminate. SN uses a persistent cookie, by default, which stores the User’s login ID (but not your password) to make it easier to login when you come back to use SN Technology. If the User want to disable this feature, the cookie may be removed or blocked using the settings and/or options in your browser. Most internet browsers automatically accept cookies. By editing browser options, the User can control browser settings to stop accepting cookies or to offer a prompt before accepting a cookie from any visited website. However, in some cases, this may impact your ability to use SN Technology.
C. Information we received from third parties:
We do not own or operate the third-party applications or websites that the User may interact with through the SN Technology. Whenever the User authorizes a third-party application or website, SN receives information from them, including information about the actions you take. In some cases, and in order to personalize the process of connecting, SN may receive a limited amount of information even before you authorize the interaction.
Information from other sources of information.
In order to provide the User with more useful information and a more personalized experience, SN may also collect additional information about you from other sources. Examples of such sources are other websites, newspapers, blogs, instant messaging services, and other Users of SN Technology through the operation of the service (e.g., photo tags). Note that the User may limit who can see that you have been tagged in a photo or video in your privacy settings.
Third Party Partners.
SN may institute programs with advertising partners and other websites in which they share information with us:
SN may ask advertisers to tell us how our Users respond to ads (and for comparison purposes, how other Users who did not see the ads acted on their site). This data sharing, commonly known as “conversion tracking” helps us measure our advertising effectiveness and improve the quality of the advertisements you see.
SN may receive information about whether the User has seen or interacted with certain ads on other websites in order to measure the effectiveness of those ads.
Google is one of our partners in delivering advertisement to our web pages. Please visit Google.com to view their policy on how ads are displayed.
D. Using the information we receive.
When registering with SN, the User will create a profile and determines its privacy settings. Your profile information, name, email and photo, are displayed to people in the networks specified in the User’s privacy settings. This enables the User to connect with other people on SN. SN may occasionally use the User’s name and email address to send the User notifications and information regarding new services offered by SN that you may find valuable.
Profile information is used by SN primarily to be presented back to you so that you may edit your profile upon accessing it to limit the information viewable and permissions granted to other Users. If privacy settings permit, there are situations where Users may be able to supplement your profiles. Examples, include, but are not limited to, tagging of pictures, postings, comments, etc.
The User’s name, network name, and profile picture will be available in search results on the SN network as determined in the privacy settings. Those limited pieces of information may be made available to search engines such as Google or Yahoo so your friends can find you and send a friend request.
Service-related announcements may be sent from SN regarding general operation of the SN Technology or its services. This may include, but is not limited to, friends sending messages, application requests or postings on your wall. In these situations, the User will receive an email alerting to the action. Generally, the User may opt out of such emails from the Notifications page. SN reserves the right to send notifications about your account even if you opt out of all voluntary email notifications.
When using SN Technology, certain information you post or share with others, such as personal information, photos, messages, comments, party confessions, videos, classified listings or other information, may be shared with other Users in accordance with the privacy settings you select. All such sharing of information is done at the User’s own risk. Additionally, if you disclose any personal information, photos, messages, comments, party confessions, videos, classified listings or other information it may become publicly available.
When a User located in the European Union (“EU”) chooses to post profile information that will be publicly disclosed, that User is responsible for ensuring that such information conforms to all local data protection laws. SN is not responsible under the EU local data protection laws for User-posted information.
E. Sharing your information with third parties.
SN may use information in your profile without identifying you as an individual to third parties. This is done to determine how many people are in a particular network, such as a nightclub, particular drink or movie and to use that information to personalize advertisements and promotions so that SN can provide the User with advertisements most beneficial. For example, if you input a favorite nightclub in your profile, SN might serve you an advertisement highlighting an upcoming promotion or update about a new, similar, club in your town. However, SN will not share your personal information with the third party owner of that advertisement.
Third party applications (such as widgets) created by third party developers may also be available through SN Technology and services. Third party applications are small bits of software, often with interactivity, that can be installed into the User’s profiles or shared with other Users. However, SN does not control the third party developers, and cannot dictate their actions. When a User engages with a third party application, that User is interacting with the third party developer, not with SN. SN encourages User not to provide information to the third party application unless the User knows the party with whom it is interacting.
SN may on occasion partner with outside contractors, agents or sponsors. These businesses may temporarily store some information on their servers, but they may only use the User’s information to provide SN with a specific service and not for any other purpose. SN may also provide the User’s information to a third party in instances where the User has chosen to receive certain information and have been notified that the fulfilment of such request requires the sharing of such information. SN may also share User information with affiliated companies if it has a business reason to do so.
Advertisements that appear on SN Technology are sometimes delivered directly to the User by third party advertisers. This third party automatically receives the User’s IP address. These third party advertisers may also download cookies to your computer, or use other technologies to measure the effectiveness of their ads and to personalize advertising content. This allows the advertiser to measure the effectiveness of their ads and to personalize advertising content. SN does not have access to or control of these. Third party advertisers have no access to contact information stored on SN Technology unless the User chooses to share it with them.
III. Miscellaneous Provisions
A. Business Transfers
If at any time, SN sells all or part of its business, transfers all or a material part of its assets and equity, or is otherwise involved in a merger of all or a material part of its business SN may transfer User information to the party or parties involved in the transaction as part of that transaction.
B. Changing or Removing Information
The profile editing tools can be used for access and control over most personal information on SN Technology. By logging into your account, SN Users may modify or delete any of the profile information at any time. The “My Account” page can be used if a User wants to deactivate the account. Information that is removed may remain in backup copies for a limited time, but may not not be available to Members of SN. Where the User make use of the communication features of the service to share information with other individuals on SN, (e.g., sending a personal message to another Member). communications are not generally removable. If for any reason SN terminates its services, subject to the terms and conditions set forth herein, SN will make available for download all Member Content for each account for a reasonable period of time following the termination of services.
The User should report any security violations or concerns to privacy@SocialNightlife.com
E. Defined Terms
F. Consent to Collection and Processing in the United States.
By using SN Technology, the User consent to having your personal data transferred to and processed in the United States.
G. Contacting SN