2. Changes to Terms
3. Scope of Use
Although Nightspree encourages you and your referrals to visit this Site as often as you please, you are only authorised to view, use, copy for your records and download small portions of the content, layout and design of this Application, or individual sections of it, for your informational, non-commercial use, provided that you leave all the copyright, trademark or other proprietary notices intact and that it not be done on a systematic basis so as to indirectly breach the terms of this section.
In other words, you may not do any of the above in relation to a significant portion of the Application or its individual sections or for commercial purposes. You shall also not publish, licence, reverse engineer, create derivative works from, link to another application or website, use on other website or mobile application, transfer, sell any information obtained from this Site without the prior written permission of Nightspree. Any breach of this section shall cause Nightspree irreparable harm.
4. User Submissions and Communications; Public Areas
If you make any submission to an area of the Application accessed or accessible by the public or to any social media platform or third party link relating to the Nightspree Application, services or programs (“Public Area”), including but not limited to question and answer forums, bulletin boards, chat rooms, social media or if you submit any business information, idea, concept or invention to Nightspree by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Nightspree a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Nightspree may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Nightspree by email. This section can be derogated from by the express written consent of Nightspree, including but not limited to certain affiliate agreements or other specific business relationships.
Users will be held directly and solely responsible for the content of messages that are posted in Public Areas. Users are encouraged to read the specific forum rules displayed in each discussion forum, if any, before participating in that forum. Some of the Public Area forums on the Application may not be moderated or reviewed. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or otherwise seem inappropriate.
Nightspree has full discretion to delete messages. Nightspree reserves the right (but is not obligated) to do any or all of the following:
Nightspree reserves the right to take any action it deems necessary to protect the personal safety and privacy of its subsidiaries, merchants, suppliers, affiliates, partners, employees, consultants, customers, users or the public.
Nightspree has no liability or responsibility to users of the Nightspree Application or any other person or entity for performance or non-performance of the aforementioned activities or rights.
5. Copyrights and Trademarks
In addition to the “Scope of Use” set out above, the materials on this Site, as well as its organisation and layout, are copyrighted and are protected by Canadian and international copyright laws, trademark laws and other intellectual property protections. Such materials are owned and controlled by Nightspree or by other parties that have licensed their material to Nightspree or otherwise provided their consent to Nightspree to display, advertise, promote or otherwise make use of such material on the Site. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials.
6. Links and Third Party Content
You may not link to this Application without Nightspree’s written permission. If you are interested in linking to this Application, please use the “Contact Us” section below to inquire about Nightspree affiliate or other available programs.
7. No Unlawful or Prohibited Use
information through any means not intentionally made available or provided for through the Site. You may not use this Site if you are under 18 years of age.
Nightspree respects all anti-spam laws and regulations. If you receive any email or other electronic communication from Nightspree, the name Nightspree will always be clearly indicated. As a user, Nightspree reminds you that you have expressly accepted that emails or other commercial electronic messages be sent to you by Nightspree. You have the right to unsubscribe from our service at any time and free of charge, either by clicking on the unsubscribe option on the emails Nightspree sends you or by sending Nightspree an email requesting to be unsubscribed (see “Contact Us” section below).
Gathering email addresses from Nightspree through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.
Inquiries regarding a commercial relationship with Nightspree or if you have any concerns relating to this section, please see the “Contact Us” section below.
9. No Warranties
THE APPLICATION, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, COMPLETENESS AND RELIABILITY OF ITS CONTENTS AND NON-INFRINGEMENT, ALL OF WHICH NIGHTSPREE EXPRESSLY DISCLAIMS. NIGHTSPREE WILL ALSO NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE APPLICATION OR ANY OF ITS CONTENTS. NIGHTSPREE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE APPLICATION AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
The Application is not directed to any person or entity in any jurisdiction where the publication or availability of the Application and its content are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Application. Those who choose to access this Application from such locations do so at their own risk and are responsible for compliance with applicable local laws.
11. Governing Law, Location and Miscellaneous
12. Separate Agreements
13. No Professional Advice
The information available on the Application is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance.
14. Users Disputes
You are solely responsible for your interactions with other users. Nightspree reserves the right, but has no obligation, to monitor disputes between you and other users.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties, their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
16. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. NIGHTSPREE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF NIGHTSPREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APPLICATION OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE APPLICATION OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IF IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY NIGHTSPREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, IN WHICH CASE THIS SECTION SHALL BE AMENDED TO COMPLY WITH APPLICABLE LEGISLATION.
18. Accounts and Security
This section only applies to registered users.
Nightspree does not warrant that the functions contained in the service provided by the Application will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
You shall notify Nightspree of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Nightspree’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
19. Contact us
Email : firstname.lastname@example.org
Telephone : 514-655-8237
Adress : 4235 rue de la Roche, Montréal, Québec, Canada H2J 3H8