TueNight Terms and Conditions of Use
Welcome to tuenight.com, and thank you for being part of our community! This set of Terms and Conditions is the legally binding agreement between you and Gyrate Media LLC dba Tuenight.com that applies anytime you use the Site.
You should review these Terms carefully, since by using our Site, you are agreeing to be bound by the Terms. You should review these Terms every so often, since we may revise the Terms at any time, and by using the Site after we update our Terms, you are accepting those Terms. If you don’t agree with the Terms at any time, don’t use our Site.
Here is an explanation of what we are referring to when we use certain terms:
– “Site” refers to tuenight.com;
– “Terms” means these Terms and Conditions that you are reviewing and that will be posted on the Site and updated from time to time
– “we”, or “our” or “us” means Gyrate Media, LLC, together with its members and employees;
– “you” or “User” means you, acting individually or on behalf of an entity, if you are authorized to act on behalf of an entity;
– “Content” means anything made available on the Site, such as comments, replies, photographs, video, audio, images, illustrations, text, data and software;
– “User Content” refers to all Content that is posted by users like you, and not by us.
1. Your Use of the Site.
You have to be at least thirteen (13) to use the Site. By signing up for any services, you represent that you are at least thirteen (13).
You are responsible for any content you post on our Site. Anything that you post in any comments on the Site is public. So be sure to consider whether you are comfortable with posting your User Content to the public before you make any comments or post any User Content to the Site.
You agree that you won’t:
– Post anything that is pornographic, sexually explicit or obscene, violates any laws or regulations, or promotes any illegal activities.
– Post anything that may be generally offensive to the Site community.
– Post any advertisements or solicitations or offer to sell anything.
– Post User Content that is not your own or that you don’t have permission to use, or that violates any third party’s intellectual property rights.
– Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
If you do post any of the above, you will be liable. We reserve the right to remove any content that we think is not appropriate.
You also agree that you won’t:
– Use the Site or any Content for any reason other than for personal use.
– Create any derivative work based on the Site or Site Content.
– Use software robots, spiders, crawlers, or similar data gathering and extraction tools.
– Reproduce, duplicate, copy, sell, resell, or exploit the Site or any portion thereof for any commercial purpose, other than as permitted hereby.
2. Our Right to Use Your User Content.
You own the User Content that you post on the Site. By posting User Content on the Site, you represent and warrant that you are the creator or owner of, or have the rights to use, the User Content that you post. In addition, by posting on the Site, you agree that we have a non-exclusive, royalty-free, perpetual, sub-licensable, transferable, irrevocable license to use, display, modify, or reproduce your User Content, in whole or in part, for use in connection with the Site and our business, in any medium that now exists or may arise in the future. You also grant us a license to use your name in connection with our use of any of your User Content. This license shall remain in effect for so long as your User Content is available on the Site.
3. Our Content.
All rights, title and interest in the Site (except for User Content) is the exclusive property of Gyrate Media, LLC or its licensors, which includes, but is not limited to, the name “TUENIGHT” and all text, graphics, logos, button icons, images, audio and video clips, data compilations, and software, and the compilation thereof, and is protected by United States and international copyright and trademark laws.
You don’t have a right to use the name “Tuenight” or any of our trademarks, logos, or domain name, without asking us first, except as permitted in these Terms. We grant you a worldwide, non-exclusive, non-sub-licensable and non-transferable license to download, store, view, display, and create derivative works in connection with your non-commercial use of the Site and in compliance with these Terms.
5. Advertising and Third Party Links.
The Site may include advertisements or content from us or from third parties, which may be tailored to the Content.
The Site may contain links to third party websites, advertisers or other events or activities that are not owned or controlled by us. We also integrate social media application program interfaces from social networks, including, for example, Facebook, Twitter, Google+ and Pinterest, into our Site.
We use our best judgment in selecting advertisers and third parties who we believe add value to our community, but we do not assume any responsibility for any of the sites owned by third parties, so if you access a third party website or application from our Site, you do so at your own risk and hereby release us from liability arising from your use of such sites or applications.
We will address claims of copyright infringements that comply with the Digital Millenium Copyright Act. The text of that act can be found at the U.S. Copyright Office website. To file a notice of infringement, you must notify us in writing (by email with pdf attachment to email@example.com, or by mail to 390 Broadway, Suite 300, New York, NY 10013), and include the following:
– Exact permanent URL for page containing the material.
– Your contact information (name, email, phone number).
– Information detailing your claim to ownership of the material or registration.
– The following statement, signed by you: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
If you misrepresent that any Content is infringing on your copyrights, you will be responsible for damages and lawyers’ fees, and we reserve the right to post your letter on the Site.
You can, of course, stop using the Site at any time. We do, however, retain the right to continue to use any User Content that you have posted to the Site.
We may change or terminate the Site entirely, or suspend or terminate your access to the Site, at any time for any reason.
8. Disclaimer of Warranty; Limitation of Liability.
The following paragraphs are in all caps, to make that we hammer home the message that your use of the Site is at your own risk.
YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU UNDERSTAND THAT WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WITH RESPECT TO CONTENT, INCLUDING, WITHOUT LIMITATION, USER CONTENT, WHICH IS SOLELY THE RESPONSIBILITY OF THE USER PROVIDING THE CONTENT.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GYRATE MEDIA LLC NOR ITS MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR ANY SERVICES ORIGINATING FROM THE SITE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SITE; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GYRATE MEDIA LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER EVEN IF AND WHEN A REMEDY SET FORTH IN THIS AGREEMENT HAS FAILED ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GYRATE MEDIA LLC AND ITS MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, OR FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE SITE OR APPLICABLE SERVICE(S).
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION/LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You also expressly release us, and our members, employees, representatives, consultants, agents, suppliers and distributors from any claims related to (1) User Content; (2) third party sites and applications; and (3) disputes between Users. We also do not represent that the Site will work on your device, and we will not be liable for any problems resulting from your inability to use the Site.
9. Legal Disputes.
We hope it never happens, but if a dispute arises between you and us, you agree that the laws of the State of New York will apply, without regard to conflicts of laws principles.
You agree that we will try to resolve disputes first through informal negotiation, but if a dispute cannot be resolved, either you or Gyrate Media LLC may elect to have the dispute submitted to binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT YOU WOULD OTHERWISE HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL, AND THAT YOU ARE WAIVING SUCH RIGHT IN THIS PROVISION.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association. Each party shall pay for its own expenses for any arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. If, for any reason, this provision for binding arbitration is found not to apply to a particular claim or dispute, then such dispute shall be resolved exclusively in any state or federal court located in New York City, New York, and you agree that you will be subject to the personal jurisdiction of such courts for the purpose of resolving such claim.
10. More Miscellaneous Legalspeak.
Waiver. The failure of either party to exercise any right or provision under these Terms will not be deemed a waiver of such right or provision.
Severability. If any provision of these Terms is held to be invalid or unenforceable, then such provision will be limited or eliminated to the minimum extent necessary to effect the purposes of these Terms, and the remaining provisions of these Terms will remain in full force and effect.
Assignment. Gyrate Media LLC may assign these Terms to any third party at any time.
Notices. Any notices to be sent to us in connection with these Terms shall be in writing and shall be mailed by first class, registered or certified mail to Gyrate Media, LLC 390 Broadway, Suite 300, New York, NY 10013
Effective Date. These Terms shall be effective as of August 27, 2013, and may be updated by us from time to time.