Terms of Use

TERMS OF SERVICE

 

Welcome to our website, http://www.AllNightOut.com (the "Site"). These terms of use ("Site Terms") apply to your access to and use of our Site, and each of the web pages on the Site, so please read them carefully. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. AllNightOut.com reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline incorporated by reference at any time and from time to time in our sole discretion, and to determine whether and when any such changes apply to both existing or future users. If the Site Terms are changed, we will post the new terms on the Site and change the version number and date posted above accordingly. AllNightOut.com will post a notice of such change or modification to these Site Terms on the Site for thirty (30) days. Any change or modification will be effective upon posting of the revisions on the Site. IF YOU DO NOT AGREE TO THE TERMS OF ANY REVISION, DO NOT CONTINUE TO USE THE SITE. Your continued access to and/or use of the Site following AllNightOut.com's posting of any change or modification will constitute your acceptance of such change or modification.

 

Privacy Policy

AllNightOut.com believes strongly in protecting user privacy and providing you notice of AllNightOut.com's information-collection and use practices. Therefore, AllNightOut.com has adopted a Privacy Policy that you should refer to in order to fully understand how AllNightOut.com uses and collects information.

 

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the AllNightOut.com logo(s), design, text, graphics, button icons, pictures and other files, and the selection and arrangement thereof ("Materials"), are ALL RIGHTS RESERVED Copyright © 2009 AllNightOut.com.com and/or its licensors. Except as expressly stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AllNightOut.com or the respective copyright owner. Permission is granted to display, copy, and download the Materials on this Site only for the licensed uses set forth above; provided that, in connection with any such use, you may not, without the prior express written permission of AllNightOut.com or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright or other proprietary notices contained in the Materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed Materials.

 

Trademarks and Service Marks

AllNightOut.com, the AllNightOut.com logo, and the products and/or services described in this Site, including without limitation AllNightOut.com, AllNightOut.com, are either trademarks or service marks of AllNightOut.com and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AllNightOut.com or the licensor owner of such marks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or the trade dress of AllNightOut.com, and may not be copied, imitated, or used, in whole or in part, without the prior express written permission of AllNightOut.com. All other trademarks, registered trademarks, product names and AllNightOut.com names or logos mentioned on the Site are the property of their respective owners. Any rights not expressly granted herein are reserved.

 

Linking

Third-Party Links. AllNightOut.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or of sites linking to this Site. The linked sites are not under the control of AllNightOut.com and AllNightOut.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AllNightOut.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by AllNightOut.com of the linked site, any information contained therein, or any products referred to or distributed therein. When leaving the AllNightOut.com Site, you should be aware that AllNightOut.com's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of the sites you visit.

Framing/Metatags. You may not use, frame or utilize framing techniques to enclose any AllNightOut.com trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without AllNightOut.com's prior express written consent. Further, you may not use any metatags or any other "hidden text" utilizing a AllNightOut.com name, trademark, or product name without AllNightOut.com's prior express written consent.

 

Submissions

You agree that any communications to AllNightOut.com are non-confidential (subject to AllNightOut.com's Privacy Policy) and shall become the sole property of AllNightOut.com. AllNightOut.com shall own exclusive rights, including all intellectual property rights, in, and shall be entitled to the unrestricted use of, these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to AllNightOut.com irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

 

Information About Us

Forward-Looking Statements. This Site, and any documents issued by AllNightOut.com and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. AllNightOut.com undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by AllNightOut.com should not be deemed accurate or current except as of the date the release was posted. AllNightOut.com has no intention of updating, and specifically disclaims any duty to update the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within all safe harbors applicable to forward-looking statements, and is subject to material risk.

 

Disclaimers

"AS IS" BASIS. THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS," AS AVAILABLE BASIS AND ALLNIGHTOUT.COM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE OPERATION OF THIS SITE OR OTHER LINKED-TO SITES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THIS SITE OR ACCESSED THROUGH THE SITE. NO STATEMENT BY ALLNIGHTOUT.COM, REGARDLESS OF FORM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ALL CONTENT AND MATERIALS ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. ALLNIGHTOUT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND ALL INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ACCESSED THROUGH THE SITE. ALLNIGHTOUT.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WHILE ALLNIGHTOUT.COM ATTEMPTS TO ENSURE YOUR ACCESS TO AND USE OF THE SITE IS SAFE, ALLNIGHTOUT.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE CONTAINS MATURE CONTENT, USERS MUST BE OVER 18 YEARS OLD AND COMPLY WITH ALL LAWS AND THIS NOTICE.

 

Limitation of Liability

IN NO EVENT SHALL ALLNIGHTOUT.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALLNIGHTOUT.COM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF ALLNIGHTOUT.COM'S SITE EXCEED $50.00 OR THE COMPENSATION YOU HAVE PAID ALLNIGHTOUT.COM IN THE LAST THREE (3) MONTHS, WHICHEVER IS LESS. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

 

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and entirely to be performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

 

Termination

Notwithstanding any of these terms and conditions, AllNightOut.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site and the Services. Should you object to any terms and conditions of the Site or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue your use of the Service.

 

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Enforcement

Any unauthorized use of this Site will terminate the permission and license granted by these Site Terms and may violate applicable law, including copyright laws, trademark (including trade dress) laws, and communications regulations and statutes. All violators may be prosecuted to the fullest extent of the law.