Night Market, Inc. Website Terms and Conditions for Use
By accessing this website, you are agreeing to be bound by the following Terms and Conditions (“Terms”). Further, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s authorization to use and access this website and to agree to these Terms; (c) you own or have authorization to use a personal computer, mobile device, tablet, or other electronic computing device whether now known or later developed, to access this website; and (d) you will use this website in accordance with these Terms.
1. The Website
This website is owned and operated by Night Market, Inc. (“Night Market,” “we,” “us,” “our,” or similar pronouns). The term “Website” shall refer to Night Market’s logos, designs, text, graphics, software, and materials and HMI’s advertiser clients’ logos, designs, text, graphics, software, and materials available through this Website and the selection and arrangement thereof (collectively, “Content”), and the HMI hardware, software, and networks associated with making this Website available to you (collectively, “Night Market System”). Unless explicitly stated otherwise, any new features, functionality, or services that augment or enhance this Website in the future shall be considered part of this Website and subject to these Terms.
You acknowledge that this Website is subject to outages, slowdowns, or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption, or delays arising from any source. Night Market will not be liable to you if the Website is unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.
2. Use License
Night Market grants to its Website users a temporary, limited, revocable, non-exclusive, non-transferable license to access and use this Website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title. Under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on this Website; remove any copyright or other proprietary notations from this Website; transfer the materials from this Website to another person or “mirror” the materials on any other server; or use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website. Additionally, you may not take any action that imposes an unreasonable or disproportionately large load on the HMI System.
(a) Personal Information
Personal Information is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided by us (for example, to apply for employment within the Company), we may require that you furnish Personal Information via our third party employment recruitment site. We will collect Personal Information from you, such as your name, postal address, telephone number, e-mail address, only when you voluntarily provide it to us. (b) Non-Personal Information
Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites. (d) How Does We Use Information Collected From You?
I. Personal Information.
We may use Personal Information:
for the purpose for which it was provided (e.g., regarding a possible employment opportunity, to provide services to you and contact you regarding these services).
to respond to your problems and comments.
to approve and enable your participation in the Site and Site services (e.g., to permit you to subscribe to our blogs and RSS feeds, as applicable).
for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
II. Non-Personal Information.
Because Non-Personal Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non Personal Information, which does not personally identify you, with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.
III. IP Addresses.
We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, administering the Site, and tracking your Internet usage, including identifying your geographic location, which may be disclosed to search engines and other partners. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
Legal Department, Horizon Media
75 Varick St.
New York, NY 10013
5. Revisions and Errata
The materials appearing on Night Market’s Website could include technical, typographical, or photographic errors. Night Market does not warrant that any of the materials on its Website are accurate, complete, or current. Night Market may make changes to the materials contained on its Website at any time without notice. Night Market does not, however, make any commitment to update the materials.
6. Links and Third Party Applications
Night Market is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Night Market of the site. Use of any such linked website is at the user’s own risk. For example, this Website may provide direct links to client websites or social networking services. You acknowledge that HMI has no control over and is not responsible for the availability of any such third party applications, websites, content, or resources, which are made available by companies or persons other than Night Market. You further acknowledge that Night Market is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content, or resources.
7. Proprietary Rights
All ownership rights and title in and to this Website, including all Content therein, are owned by Night Market and its licensors and protected under applicable copyrights, trademarks, and other intellectual property rights and international treaties. Night Market, through arrangements with its licensors, may incorporate external intellectual property into the Website. This licensed intellectual property and all intellectual property rights thereto remains with the licensors.
Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way this Website, or any of its Content, without the prior written permission of HMI and its licensors, if applicable. All rights not expressly granted to you through these Terms are retained by HMI and its licensors.
Nothing in these Terms grants to you any right to use any Night Market or Night Market advertiser clients’ trademarks, service marks, logos, domain names, or other indicia of origin.
8. International Users
This Website is controlled, operated, and administered by Night Market from its offices within the United States. Night Market makes no representation that materials on its Website are appropriate or available for use at other locations outside of the United States. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
9. General Terms
Governing Law. Any claim relating to this Website shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Export Laws. You may not use the Website or export its Content in violation of United States export laws and regulations.
Force Majeure. Night Market will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Notices. You agree that HMI may provide you with notices in connection with the Website by e-mail, regular mail, or postings on this Website.
Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between Night Market and you with respect to your use of this Website. To the extent permitted by law, any cause of action you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Indemnification. You agree to indemnify and hold harmless HMI from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or arising from your breach of these Terms, including any representation or warranty set forth herein.
Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Night Market, and you do not have any authority to create any obligation or make any representation on Night Market’s behalf. You may not assign these Terms by operation of law or otherwise, without Night Market’s prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Night Market and their respective successors and assigns.