Terms of Service

MyNiteLight® Terms of Service

Last Modified April 10, 2012

The following terms and conditions (the “Terms”) govern all use by you as a User or Promoter (as defined below) of (a) the MyNiteLight® websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Technet Associates ("Technet") in connection with events listed on or through the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Technet. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be published from time to time on the Site by Technet.

BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY TECHNET. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

Technet reserves the right, in its sole discretion, to modify the Terms at any time by posting revised Terms through the Services. You are responsible for reviewing and becoming familiar with any modifications to the Terms. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of them constitutes your acceptance of the Terms as modified.

 

Eligibility

No individual under the age of thirteen (13) may use the Services or provide any information to Technet or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with Technet and are not legally prohibited from using the Services.

 

Service Changes and Limitations

Technet retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Technet may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Technet may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). You agree that Technet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

Use of the Services

Technet hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of (a) as a User, browsing the Site and searching for, viewing, registering for, interacting with posted events; and (b) as a Promoter, promoting, managing, and tracking, and collecting events that you have posted on the Site; in all cases (i) in compliance with these Terms, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (iv) engage in any activity that interferes with or disrupts the Services.

 

Use of Software

If you are allowed to download or use any Software in connection with the Services, Technet hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with these Terms and the written instructions or directions (if any) provided by Technet in conjunction with the Software. For purposes of these Terms, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by Technet, including without limitation Technet’s mobile applications (such as the MyNiteLight® app). For clarity, the Software will be deemed a part of the "Services" hereunder.

The Software and the transmission of applicable data are subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively; as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in these Terms.

 

Payments and Refunds

Technet processes all payments from you through third-party payment processors. Such transactions are governed by the applicable terms of use provided by such third-party payment processors.

Technet will not be responsible to you for any refund, in whole or part, of fees paid to Technet, except for fees related to events that have not yet been made available to Users of the Site, if the request for such refund is made prior to such availability.

 

Account Security

If you choose to use the Services as a Promoter, you will create an account username and password. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by others using your account at your direction. You agree to (a) immediately notify Technet of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Technet cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Technet shall be the sole arbiter of such dispute in its sole discretion and that Technet’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

 

Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Technet in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, and/or other intellectual property and other proprietary rights and laws, as applicable. Technet may own the Site Content or portions of the Site Content may be made available to Technet through arrangements with third parties. Except as expressly authorized by Technet in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of TECHNET. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

 

Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content") as a Promoter, you hereby grant to Technet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Promoter submits event information to the Site. If Technet determines, in its sole discretion, that Promoter misrepresented an event or otherwise does not comply with these Terms, Technet will have the right to remove the listing for the relevant event (and any other events listed by you on the Site) and notify all Users who have registered for such event(s). Technet reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that Technet may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Technet both on the Site and in marketing and promotional materials.

 

Trademarks

The trademarks, service marks, and logos of Technet (the "Technet Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Technet. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Technet Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Technet specific for each such use. The Trademarks may not be used to disparage Technet, any third party or Technet’s or third party's products or services, or in any manner (in Technet’s sole judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any Technet Trademark shall inure to Technet’s benefit.

 

Restrictions

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to any other users of the Services. You agree not to use the Services to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

Harm minors in any way;

Facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;

Upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than transactions directly related to events listed on the Site;

Upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by these Terms or expressly authorized by Technet;

Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

Intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or

Stalk or otherwise harass any person or entity.

 

Remedies

You acknowledge that Technet does not necessarily review any Content provided or made available by you or any third party in connection with the Services before making such Content available on the Site, but that Technet and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Technet may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Technet, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Termination

Technet, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Technet, or if Technet believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Technet may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Technet shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

 

Privacy

Any information that you provide to Technet is subject to our Privacy Policy[link], which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

 

Indemnification

You agree to defend, indemnify and hold Technet, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of these Terms. Technet shall provide notice to you of any such Claim, provided that the failure or delay by Technet in providing such notice shall not limit your obligations hereunder. Technet reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Technet’s defense of such matter.

 

Release

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE TECHNET, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"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."

 

Choice of Law and Forum

These Terms and Conditions and all aspects of the relationship between you and Technet shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Technet agree to submit to the personal and exclusive jurisdiction of the courts located within Atlanta.

 

Limitation of Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHNET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TECHNET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.