Effective July 1, 2021
Creator Terms of Service
The following are terms and conditions of a legal agreement between you (collectively “you” and “your”), and Nightlife Publishing and its affiliates, subsidiaries, and service lines (collectively, “Nightlife Publishing”, “we”, “us”, or “our”). These terms and conditions (collectively with Nightlife Publishing’ standard Terms and Conditions, Privacy Policy, and Content Policy) govern your use of your uploaded content and community interactions on the various online services of the Comics Publishing Institute (the “Nightlife Publishing Website” or “Website”), any mobile applications, and the services, features, and content we offer (collectively “Nightlife Publishing Services” or “Services”).
These Services include a community-based information service, which enables you to connect with other comic, graphic novel, and manga creators, access and share content related to the comic book industry, and participate in activities related to understanding the business of comic book publishing. Any new features or tools which are added to the Services will also be subject to these.
Nightlife Publishing Website
These Terms of Service apply to all users of the Nightlife Publishing Website, including users who are subscribers and individual or group contributors of electronic and media contents, information, and other materials or services on or through the Website, electronically or printed.
The Nightlife Publishing Website may contain links to third-party websites that are not owned or controlled by Nightlife Publishing. Nightlife Publishing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Nightlife Publishing will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve Nightlife Publishing from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Nightlife Publishing Website and to read the terms and conditions and privacy policy of each other website that you visit.
Service Conditions
By participating in the Services you acknowledge you have read, understood, and agree to be bound by these Service Conditions and to comply with all applicable laws and regulations. If you do not agree with these Conditions, you should not use the Website or Services.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.
We maintain a friendly, community-spirited, and professional environment. You agree to maintain that level of respect while participating in the community. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
The community is open to everyone who maintains a valid subscription to the Services. Discrimination against anyone based on gender, race, age, nationality, religious affiliation, sexual preference, or otherwise is not acceptable and may result in the suspension/removal of your account.
Description of Service
The Service is a community-based information service, which enables you to connect with other comic, graphic novel, and manga creators, access and share content related to the comic book industry, and participate in activities related to understanding the business of comic book publishing.
You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We do not warrant that the use of the Services will be uninterrupted or error-free and therefore disclaim all responsibility and liability for the availability, timeliness, security, or reliability of the Service.
You also understand that the Service is provided for information purposes only. We are not recognized by the educational certification board of any state, we do not offer accreditation or degrees in any subject and our curriculum has not been approved, designed, or reviewed by any public or private entity regulating educational services.
Membership
Your membership to the Service will continue and automatically renew until terminated. To use the Service you must have Internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Nightlife Publishing membership by visiting our website and clicking on the "Account" link.
Modifications to the Service and Prices
We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. If we terminate your account because you have breached these Terms of Service, you shall not be entitled to any refund or unpaid revenue related to the breach.
Billing Cycle
The membership fee for the Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one year of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Payment Methods
To use the Nightlife Publishing service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Updating your Payment Methods
You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation
You can cancel your Nightlife Publishing membership at any time, and you will continue to have access to the Nightlife Publishing service through the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Nightlife Publishing using your account with a third party as a Payment Method and wish to cancel your Nightlife Publishing membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Nightlife Publishing service through that third party. You may also find billing information about your Nightlife Publishing membership by visiting your account with the applicable third party.
No Refunds.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Account Terms
To access some features of the Website, you will have to create an account. You may never use another's account without permission. You must be at least eighteen (18) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
You are responsible for maintaining the confidentiality of your Service password and account and are responsible for all activities that occur thereunder. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason related to a violation of these or any other Nightlife Publishing policies.
Nightlife Publishing hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
You will not copy or distribute any part of the Website in any medium without Nightlife Publishing prior written authorization;
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
You will otherwise comply with the terms and conditions of these Terms of Service.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Nightlife Publishing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Nightlife Publishing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nightlife Publishing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes beyond those commercial activities authorized by Nightlife Publishing. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Member Submissions.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to us to participate in the Services is correct and current; and (b) you have all necessary right, power, and authority to enter into these Terms of Service and to perform the acts required of you hereunder.
Proper Use
You agree that you will use the Service in compliance with all applicable laws, rules, and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, promote, sell, transmit or otherwise distribute any design or other content that is abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or otherwise unlawful as determined by us in our sole discretion or as determined by a competent court with jurisdiction over the issue; or (ii) upload, promote, sell, transmit or otherwise distribute designs or other content that infringe upon another party's intellectual property rights or other proprietary or contractual rights or obligations. All uploads to the Service must comply with the Nightlife Publishing Content Policy.
Violation of any of the foregoing may result in immediate termination of these Terms of Service. We further expressly preserve the right to monitor your designs and other content and to remove, in our own discretion, any design or other content from your publisherCreator profile, as well as the Creator profile itself.
Notwithstanding the above, we have no obligation to review your designs or other content and can in no way be held responsible for such content.
Reporting Violations
If you come across any content that may violate our Terms of Service, you should report it to us through the [email protected] email address. All cases are reviewed by our internal team. To protect individual privacy, the results of the investigation are not shared.
Personal Data
We will own any and all personal data processed via the Service including the information you share with the community, but not including the intellectual property you may upload to the Services as defined below, which data processing will be subject to the Nightlife Publishing privacy statement. We are under no obligation to share any customer data with you. You may not publish or post our confidential information or the confidential information of other users.
Member Submissions
The Service currently permits the submission of any type of electronic contents, based upon Nightlife Publishing Website's discretion, or other communications submitted by you and other users ("Member Submissions") and the hosting, sharing, and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Nightlife Publishing does not guarantee any confidentiality with respect to any submissions.
If you upload Member Submissions to the Website, You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that:
You own or have the necessary licenses, rights, consents, and permissions to use and authorize Nightlife Publishing to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service; and
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Submission submitted by you. You agree to indemnify Nightlife Publishing for all claims arising from your claims to any rights in any User Submission.
With respect to User Submissions, the submitting user retains ownership of such content. By submitting, posting, or displaying content on, to, or through Nightlife Publishing Website (or its sub-domains, successors, and affiliates), you grant Nightlife Publishing, LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display and perform such content on Nightlife Publishing Website (or its sub-domains, successors and affiliates). Nightlife Publishing, LLC reserves the right to syndicate Member Submissions submitted, posted, or displayed by you on or through Nightlife Publishing Website (or its sub-domains, successors, and affiliates) and uses that content in connection with any service offered by Nightlife Publishing. The aforementioned license granted by you terminates once you remove or delete a User Submission from the Nightlife Publishing Website. You also acknowledge Nightlife Publishing. may retain, but not display, distribute, or perform, server copies of Member Submissions that have been removed or deleted. In addition, you acknowledge and grant designated users of the Nightlife Publishing Websites a non-exclusive license to access your Member Submissions through the Nightlife Publishing Website (or its sub-domains, successors, and affiliates) and to use such Member Submissions as applicable by their respective licenses.
In connection with Member Submissions, you further agree that you will:
Further agree to claim all responsibilities for your submitted material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Nightlife Publishing all of the license rights granted herein;
Not publish falsehoods or misrepresentations that could damage Nightlife Publishing and Nightlife Publishing Website or any third party;
Not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate ("Offensive Content");
Not post advertisements or solicitations of business:
Not to impersonate another person.
Nightlife Publishing does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Nightlife Publishing expressly disclaims any and all liability in connection with Member Submissions.
Nightlife Publishing does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Nightlife Publishing will remove all Content and Member Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Nightlife Publishing reserves the right to remove Content and Member Submissions without prior notice.
Nightlife Publishing will also terminate a User's access to its Website if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
Nightlife Publishing also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Nightlife Publishing may remove such Member Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice, and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nightlife Publishing's designated Copyright Agent to receive notifications of claimed infringement is: [email protected]. You may also contact this address for any other feedback, comments, requests for technical support, and other communications. You acknowledge that if you fail to comply with all of the requirements of Section 5(D), your DMCA notice may not be valid.
You understand that when using the Nightlife Publishing Website, you will be exposed to Member Submissions from a variety of sources, and that Nightlife Publishing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nightlife Publishing with respect thereto, and agree to indemnify and hold Nightlife Publishing, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Nightlife Publishing permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Nightlife Publishing reserves the right to discontinue any aspect of the Nightlife Publishing Website at any time.
Your Intellectual Property Rights
You grant us the right to use your name or the images and prints related to your intellectual property for the marketing and promotion of our company and/or its services, e.g. in flyers, brochures, websites, and mailings. This grant includes our right to sublicense the right to third parties (i.e. a third party printing a brochure) in order to achieve the marketing and promotional purposes. By removing your account from the Services, you terminate all the licenses granted to us under these Terms of Service except for the license to use images of your designs for marketing and promotional purposes for the period that we reasonably need to phase out any existing marketing and promotion materials.
Our Intellectual Property Rights
The content on the Nightlife Publishing Website, except all Member Submissions (as defined below), including without limitation, the text, software, scripts, documents, graphics, photos, images, sounds, music, videos, interactive features, and the like, displayed or distributed in softcopy or hardcopy, ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Nightlife Publishing, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Nightlife Publishing reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Website for any commercial purposes.
We grant you a limited, revocable, and nonexclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Nightlife Publishing Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Nightlife Publishing Website or the Content therein.
Product Warranty and Product Liability
In addition to the statements incorporated by reference in the Warranty; Disclaimer section of the Nightlife Publishing Terms and Conditions.
Furthermore, you maintain sole legal responsibility for the intellectual property of any content uploaded by you to Nightlife Publishing.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE NIGHTLIFE PUBLISHING WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NIGHTLIFE PUBLISHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NIGHTLIFE PUBLISHING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NIGHTLIFE PUBLISHING WEBSITE. NIGHTLIFE PUBLISHING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NIGHTLIFE PUBLISHING WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NIGHTLIFE PUBLISHING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL NIGHTLIFE PUBLISHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY INTERRUPTION OF BUSINESS; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NIGHTLIFE PUBLISHING WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (VII) EVENTS BEYOND NIGHTLIFE PUBLISHING REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NIGHTLIFE PUBLISHING SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, IN NO EVENT SHALL Nightlife Publishing MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). The Website is controlled and offered by Nightlife Publishing from its facilities in the United States. Nightlife Publishing makes no representations that the Nightlife Publishing Website is appropriate or available for use in other locations. Those who access or use the Nightlife Publishing Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
YOUR USE OF THIS SERVICE DOES NOT CONSTITUTE LEGAL ADVICE FROM NIGHTLIFE PUBLISHING, AND ITS AFFILIATES, SUBSIDIARIES, AND SERVICE LINES, AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP WITHOUT THE EXISTENCE OF AN ENGAGEMENT LETTER BETWEEN YOU AND NIGHTLIFE PUBLISHING, AND ITS AFFILIATES, SUBSIDIARIES, AND SERVICE LINES.
Cancellation and Termination
You may cancel your use of the Service and/or terminate these Terms of Service with or without cause at any time by providing notice to us. We may at any time and for any reason terminate the Service, terminate these Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files that may remain in our system.
We reserve the right to limit or cancel your use of the Service if your interactions are in our sole determination, or as determined by a competent court with jurisdiction over the issue, fraudulent, deceptive or infringe on the intellectual property rights of others,
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nightlife Publishing without restriction.
Choice of Law
These Terms of Service shall be governed by the internal substantive laws of New York, without respect to its conflict of laws principles, as if these Terms of Service were a contract wholly entered into and wholly performed without New York.
Arbitration
Any claim or dispute between you and Nightlife Publishing that arises in whole or in part from the Nightlife Publishing Website shall be submitted to confidential arbitration under the rules then prevailing of the American Arbitration Association in a proceeding located in New York City.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceeding or otherwise.
Notwithstanding the arbitration provision above, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Nightlife Publishing may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts.
Entire Agreement
These Terms of Service, together with the Privacy Notice at the Privacy Policy and any other legal notices published by Nightlife Publishing on the Website shall constitute the entire agreement between you and Nightlife Publishing concerning the Nightlife Publishing Website.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Nightlife Publishing's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Amendment
Nightlife Publishing reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.
Acceptance
Your use of the Nightlife Publishing Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NIGHTLIFE PUBLISHING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NIGHTLIFE PUBLISHING WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.