Effective on: (08/13/2009)
Welcome to 4play2nite, a service of SJM Holdings, Inc. (hereinafter referred to as "4play2nite", "4play2nite Site", "Site", or “Services”). 4play2nite is a social networking community that allows members to create unique personal profiles online in order to network, share, and communicate with other like minded adults. You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the 4play2nite Site, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
1. Eligibility:
You must be 18 or over to register as a member of or use this Site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 18-years old, and that you are not prohibited by law from using the Site.
2. Fees/Termination:
Site and related service usage and/or membership fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the 4play2nite Services or are a member. You may terminate your membership and/or cancel your membership at any time, for any reason, by following the instructions on the member's Account Settings page. 4play2nite may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon termination of your membership, by you or 4play2nite, because you have breached this Agreement or otherwise, you will not be entitled to any refund of any unused membership fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason, any and all Prestige Points accumulated in any of the Site's programs shall be terminated with no liability or redeemable value to you. You expressly acknowledge that any program providing points or other credits and your participation in such program can be terminated at the sole discretion of 4play2nite at any time without liability whatsoever to you or the Site. You also expressly acknowledge that you did not join or remain a member of the Site or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be sold or transferred to other persons. Upon termination of membership at any time for any reason by either party, Site Terms of Use Agreement will remain in effect, including Sections 1, 3, 4, 5, 7, 9-14, inclusive of this Agreement and any future amendments as posted by the Site.
3. Use by Members:
This 4play2nite site is for personal use only of individual members and viewers and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this 4play2nite site and shall not use the 4play2nite service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at 4play2nite's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, 4play2nite may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at 4play2nite 's sole discretion.
4. Proprietary Rights of Content on 4play2nite:
4play2nite owns and retains proprietary rights in the 4play2nite site and the 4play2nite services. The site contains the copyrighted material, trademarks, and other proprietary information of 4play2nite , and its licensors. Except for that information which is in the public domain or for which you have been given written permission by an officer of the Site, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
a. 4play2nite claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that 4play2nite may delete any content, messages, photos or profiles (collectively, "content") that in the sole judgment 4play2nite violates the Terms of Use Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of 4play2nite and/or its members.
b. You are solely responsible for the content that you publish or display (hereinafter, "post") on the 4play2nite, or transmit to other 4play2nite members.
c. By posting content to any public area of 4play2nite, you automatically grant, and you represent and warrant that you have the right to grant, to 4play2nite and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
d. 4play2nite will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the 4play2nite service in a manner consistent with any and all applicable laws and regulations.
f. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the 4play2nite Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to 4play2nite by our users or third parties.
g. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other 4play2nite members. Although 4play2nite cannot monitor the conduct of its members off the 4play2nite site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
5. Copyright Policy:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the 4play2nite service in a way that constitutes copyright infringement, please provide us with the following information consistent with the Digital Millennium Copyright Act (DMCA): a signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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; 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. 4play2nite's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached at inquiry@4play2nite.com, subject line should be titled "Attn: Copyright Agent".
- It is the intention of 4play2nite to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
6. Member Disputes:
You are solely responsible for your interactions with other 4play2nite members. 4play2nite reserves the right, but has no obligation, to become involved in any way with disputes between you and other members. You can contact us at inquiry@4play2nite.com, subject line must be titled "Attn: Member Dispute".
7. Privacy:
Use of the 4play2nite site and/or its service is governed by our Privacy Policy, subject to change at any time and changes are effective upon posting. Bookmark the page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Privacy Policy.
8. Disclaimers:
4play2nite, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the 4play2nite site or in connection with the 4play2nite service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the 4play2nite service whether online or offline. 4play2nite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. 4play2nite is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the 4play2nite site and/or in connection with the 4play2nite service. Under no circumstances 4play2nite be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the 4play2nite site or transmitted to 4play2nite members. The Site and the service are provided "AS-IS" and 4play2nite expressly disclaims any warranty of fitness for a particular purpose or non-infringement. 4play2nite cannot guarantee and does not promise any specific results from use of the Site and/or the 4play2nite Services.
9. Limitation on Liability:
4play2nite is not responsible for member misuse, misapplication, improper or incorrect use, negligence, or accident resulting from membership or use of the Site. 4play2nite is in no way liable or responsible for injuries or damages to persons or property arising from or out of use of the Site or Site services. In no event shall 4play2nite be liable for other damages to you or any third person, direct or indirect, special or consequential, including, without limitation, damages for lost profits, business interruption, loss of data, or other economic loss arising out of use of or inability from use of Site or Site services. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will 4play2nite be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the 4play2nite service, even if 4play2nite has been advised of the possibility of such damages. You further agree to hold 4play2nite, including its subsidiaries, affiliates, officers, agents, and other partners and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, 4play2nite 's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 4play2nite for the service during a maximum term of one years membership.
10. U.S. Export Controls:
Software available in connection with the 4play2nite Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the 4play2nite Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
11. Disputes:
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada, without regard to its conflict of law provisions. You and 4play2nite agree to submit to the exclusive jurisdiction of the courts located within the State of Nevada to resolve any dispute arising out of the Agreement or the 4play2nite Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
12. Indemnity:
You agree to indemnify and hold 4play2nite, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use Agreement and/or any breach of your representations and warranties set forth above.
13. Notices/Other:
This Agreement is accepted upon your use of the 4play2nite Website or any of the 4play2nite Services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and 4play2nite regarding the use of the 4play2nite Services. The failure of 4play2nite to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 4play2nite is a trademark of SJM Holdings, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Contact information:
If you have any questions about this Terms Of Use Agreement, please contact us via inquiry@4play2nite.com. You may also contact us by mail at SJM Holdings, Inc., P.O. Box 27740, Las Vegas, Nevada 89126.
Effective on: (08/13/2009)