TERMS OF USE

 

Lasted updated: 05/31/2019

 

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using The Date Night Shop website and or the Mobile App (if applicable) application operated by The Date Night Shop (“us”, “we”, or “our”).

 

This Agreement shall be effective as of the date (05/31/2019) the User accepts the terms herein or first accesses, downloads or uses any of the services or information (collectively, the “Services”) on the site and shall remain in effect for so long as the User uses or accesses any of the Services (the “Term”). Upon termination of the Term, the User shall no longer be permitted to use or access the Services. The terms herein that contemplate obligations after the Term, including but not limited to [Indemnification, Disclaimer, Limitation Liability, Permitted and Prohibited Uses, User Submissions, User Discussion, Termination, Indemnifiable Information, third party links, copyright infringement], shall survive termination.”

 

Carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.

 

The Date Night Shop reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

 

These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third-party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and The Date Night Shop with respect to the Website. Any rights not expressly granted herein are reserved.

 

Permitted and Prohibited Uses

 

You may use the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

 

You may not upload or transmit any material that infringes or misappropriate any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

 

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

 

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

 

You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Date Night Shop shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and we reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

 

The Date Night Shop note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.

 

USER SUBMISSIONS

 

The Date Night Shop only publishes material submitted by registered users. We accept no liability in respect of any material submitted by users and published by us, and we are not responsible for its content and accuracy. The views expressed are the personal opinions and ideas of our user members and may not represent the views of The Date Night Shop.

 

Users may submit material for publication under the following terms and conditions:

 

1. Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.

 

2. You grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to publish and communicate to the public any material you submit to us in any format, including without limitation print and electronic format. You also agree that we may permit other parties to publish and communicate to the public any material you submit to us in any format.

 

3. You warrant that any material you submit is your own original work and that you own the copyright and any other relevant rights. If you would like to tell us about material that isn’t your copyright and which we may want to use, please tell us who owns it so we can ask permission to republish.

 

4. You warrant that the material you submit is not obscene, offensive or otherwise illegal.

 

5. You agree not to submit material that is deliberately intended to upset other users.

 

6. You will take reasonable steps to ensure that any material you submit is not defamatory of any person. If you suspect that material may be defamatory (or if you are not sure), you must tell us at the time you submit the material to us.

 

You acknowledge that any breach of these conditions may cause us damage or loss. You agree to indemnify us in full and permanently against any third-party liabilities, claims, costs, loss or damage we incur as a result of your breach of conditions (2) to (6) above. You must act honestly and in good faith in your dealings with us and (if requested) you must provide us with reasonable assistance to settle, defend or investigate any third-party claims arising as a result of our publication of material you submit to us. We reserve the right to remove your access to individual services completely if we believe you are abusing the services in any way.

 

Interactions with our site are governed by our Community Standards (see below), which expand on the points above and are incorporated in these Terms of Service. You will be deemed to consent to these guidelines if you choose to post any content or comments to the site. We do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post ("Contributions") to the Website will be considered non-confidential.

 

 

USER DISCUSSION LIST AND FORUM

 

The Date Night Shop may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. We, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may edit or remove any content on the Website at our discretion at any time.

 

USE OF PERSONALLY IDENTIFIABLE INFORMATION

 

Information submitted to the Website is governed according to our current Privacy Policy and the stated license of this website.

 

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

 

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to sign on as a guest or register as a member. If you create an account on the Website, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. You grant The Date Night Shop and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use, or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless The Date Night Shop, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

 

 

WARRANTY DISCLAIMER

 

THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DATE NIGHT SHOP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

 

IN NO EVENT SHALL THE DATE NIGHT SHOP OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE DATE NIGHT SHOP SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

 

LIABILITY LIMITATION

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE DATE NIGHT SHOP OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE DATE NIGHT SHOP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE DATE NIGHT SHOP TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

 

 

LINKS TO THIRD PARTY WEBSITES/MATERIALS

 

The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that The Date Night Shop offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and we reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third-party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

 

TERMINATION

 

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. We reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms and Conditions of Use.

 

NOTIFICATION OF POSSIBLE COPYRIGHT INFRINGEMENT

 

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.