Your Acceptance

BY USING OR VISITING THIS WEBSITE (together with all Content available through the domain name and other sites owned, operated or controlled by , the “Website”), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the “Terms & Conditions”), AND (2) NIGHTCLUBS IN NYC’S PRIVACY POLICY at http://nightclubsinnyc.org/privacy-policy. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions or the Privacy Policy, then please do not use the Website.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Nightclubs in NYC has no control over such sites and resources, you acknowledge and agree that Nightclubs in NYC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nightclubs in NYC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Website Access

Nightclubs in NYC hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Nightclubs in NYC’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.

In order to access some features of the Website, you will have to create an account. You may never use another account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nightclubs in NYC immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Nightclubs in NYC or others due to such unauthorized use. Nightclubs in NYC will not be liable for your losses caused by any unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the Nightclubs in NYC 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. Nightclubs in NYC grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nightclubs in NYC 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 or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

Nightclubs in NYC has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Nightclubs in NYC or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Nightclubs in NYC or its affiliates. All software used on this Site (the “Software”) is the property of Nightclubs in NYC, its affiliates or its Software suppliers. Nightclubs in NYC logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Nightclubs in NYC, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

User Submissions

The Website facilitates the submission of videos or other Content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Nightclubs in NYC does not guarantee any confidentiality with respect to any User Submissions. Nightclubs in NYC has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one Nightclubs in NYC program to another program or portion of the Website.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Nightclubs in NYC to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Nightclubs in NYC, you hereby grant Nightclubs in NYC, in addition to any other rights which it has pursuant to any other program established by Nightclubs in NYC, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Nightclubs in NYC’s (and its successor’s) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). With regard to User Submissions submitted under any Program or not submitted under any other special program, you may notify Nightclubs in NYC to remove the User Submission from the Website, and Nightclubs in NYC will do so within a reasonable time period, at which point the foregoing license to Nightclubs in NYC will terminate.

You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.

You agree that you will not: (i) submit 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 User Submission and to grant Nightclubs in NYC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Nightclubs in NYC or any third party; (iii) 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; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Nightclubs in NYC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Nightclubs in NYC expressly disclaims any and all liability in connection with User Submissions.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Nightclubs in NYC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User 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 may have against Nightclubs in NYC with respect thereto, and agree to indemnify and hold Nightclubs in NYC, its owners, affiliates, employees, agents and/or Nightclubs in NYC, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

Copyright and Content Policy

Nightclubs in NYC respects the intellectual property rights of others, and requests you to do the same. Nightclubs in NYC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Nightclubs in NYC will remove all Content if properly notified that such Content infringes on another intellectual property rights. Nightclubs in NYC reserves the right to remove Content without prior notice. Nightclubs in NYC will also terminate a User’s access to the Website, if they are determined to be a repeat infringer. Nightclubs in NYC may remove such Content and/or terminate a User’s access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Nightclubs in NYC’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

  • A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • A description of where the material that you claim is infringing is located on the Website, including the URL;
    your address, telephone number, and email 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.

Nightclubs in NYC’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By email:

Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NIGHTCLUBS IN NYC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NIGHTCLUBS IN NYC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE 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 ON OR VIA THE WEBSITE. NIGHTCLUBS IN NYC DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND NIGHTCLUBS IN NYC 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.

Limitation of Liability

IN NO EVENT SHALL NIGHTCLUBS IN NYC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR 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 YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIGHTCLUBS IN NYC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NIGHTCLUBS IN NYC SHALL NOT BE LIABLE FOR USER 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.

Indemnity

You agree to indemnify and hold Nightclubs in NYC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the SA, or your violation of any rights of another.

Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nightclubs in NYC without restriction.

General

You agree that: (i) the Website shall be deemed solely based in ; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Nightclubs in NYC, either specific or general, in jurisdictions other than the State of . These Terms & Conditions shall be governed by the internal substantive laws of the State of , without respect to its conflict of laws principles. These Terms & Conditions, together with the Privacy Policy at http://nightclubsinnyc.org/privacy-policy and one of the following two terms and conditions: Terms for any Program, and any other legal notices published by Nightclubs in NYC on the Website, shall constitute the entire agreement between you and Nightclubs in NYC concerning the Website. If any provision of these Terms & Conditions 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 & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Nightclubs in NYC reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND NIGHTCLUBS IN NYC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NIGHTCLUBS IN NYC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: 6/25/2015