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| MidnightCrowd.com Terms Of Service |
I. ACCEPTANCE OF TERMS
MidnightCrowd.com, provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated at anytime without notice.
You can review the current version of the TOS at: http://www.MidnightCrowd.com/tos.php. Failure to comply with these TOS may result in account cancellation without notice.
II. DESCRIPTION OF SERVICE
MidnightCrowd.com is a web-based service that allows its users to upload and edit content (herein referred to as "the Service"). The Service may be used through a web browser. Once registered with MidnightCrowd.com, each user receives his or her own profile to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on MidnightCrowd.com's servers or on the servers of a third party.
III. ACCOUNT STRUCTURE
MidnightCrowd.com is a subscription-based and free website. Two membership options are offered to all members. Subscription-based service includes enhanced features not available to free members.
IV. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a MidnightCrowd.com account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to MidnightCrowd.com, you are hereby required to update that information as soon as possible. Should MidnightCrowd.com suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that MidnightCrowd.com's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to MidnightCrowd.support@gmail.com. Users under the age of 13 are forbidden. MidnightCrowd.com operates in full-compliance with the Children's Online Privacy Protection Act of 1998.
V. MidnightCrowd.com PRIVACY POLICY
Your use of the Service is subject to MidnightCrowd.com's privacy policy. For information on MidnightCrowd.com's privacy practices, please see the entire privacy policy at http://www.MidnightCrowd.com/privacy.php.
VI. INDEMNITY
You agree to indemnify and hold MidnightCrowd.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
VII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
VIII. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MidnightCrowd.com may establish limits concerning use of the Service and may modify these limits at any time.
IX. MODIFICATIONS TO SERVICE
MidnightCrowd.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that MidnightCrowd.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
X. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
XI. TERMINATION
You agree that MidnightCrowd.com, in its sole discretion, may terminate your password or membership, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if MidnightCrowd.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at MidnightCrowd.com's discretion, will be terminated as well.MidnightCrowd.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MidnightCrowd.com may immediately deactivate or delete your MidnightCrowd.com membership and all related information and files. MidnightCrowd.com reserves the right to bar any further access to such files or the Service. You agree that MidnightCrowd.com shall not be liable to you or any third-party for any termination of your access to the Service.
In the event your account(s) are terminated, prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate MidnightCrowd.com to monitor or exert editorial control over the information made available for distribution via the Service. If MidnightCrowd.com takes corrective action because of a possible violation,MidnightCrowd.com will not refund to you any fees you paid in advance of the corrective action.
Violators of MidnightCrowd.com's Terms of Service are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the website, server, and business operations that surround MidnightCrowd.com. Such labor is categorized as emergency security breach recovery and is currently charged at $125 USD per hour required. Inquiries regarding security matters may be directed to MidnightCrowd.support@gmail.com.
XII. ADVERTISEMENTS AND PROMOTIONS
By using MidnightCrowd.com, you agree that MidnightCrowd.com has the right to run advertisements and promotions. You agree that MidnightCrowd.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
XV. MidnightCrowd.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All MidnightCrowd.com code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses.
XVI. SUBMISSION OF UNCOLICITED IDEAS AND INFORMATION
MidnightCrowd.com does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized MidnightCrowd.com representative, any material, information or idea you transmit to MidnightCrowd.com by any means may be disseminated or used by MidnightCrowd.com or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our privacy policy.
XVII. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. MidnightCrowd.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be MidnightCrowd.com's sole discretion as to what action should be taken. You agree to NOT use the Service to:
Upload, post or otherwise transmit any content that is in MidnightCrowd.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way, as seen by MidnightCrowd.com or applicable law;
Impersonate any person or entity, including, but not limited to, a MidnightCrowd.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Manipulate or hide any MidnightCrowd.com menu or section in any way;
Change the standard behavior of any MidnightCrowd.com page;
Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
Harass another member, non-member, or company;
Collect or store personal data about other users for business purposes;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
Allow usage by others in such a way as to violate MidnightCrowd.com's TOS;
Engage in commercial activities within MidnightCrowd.com or on behalf of MidnightCrowd.com without prior approval. This includes, but is not limited to, the following activities:
Displaying a banner that is designed to profit you or any other business or organization; and Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. If any user is reported to be in violation with the letter or spirit of these terms, MidnightCrowd.com retains the right to terminate such account at any time without further warning.
XVIII. AUTOMATED SYSTEMS
The use of any automated system, scheme, or software to view or download any page in the MidnightCrowd.com domain is strictly prohibited. This includes, but is not limited to, the use of page refreshers and "bots" which crawl and download content for purposes other than search engine indexing.
XVIV. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MidnightCrowd.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) MidnightCrowd.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MidnightCrowd.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
XX. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MidnightCrowd.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MidnightCrowd.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
XXI. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on MidnightCrowd.com are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of MidnightCrowd.com's proprietary rights in them.
XXII. GENERAL INFORMATION
Agreement to these terms means that all ownership of your soul goes to Will Scheff
XXIV. REVISIONS
MidnightCrowd.com may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
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