THE AGREEMENT: The use of this website and services on this website provided by Midnite Spot LLC (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").1) DEFINITIONS
“We”, “us” and “our” are references to MIDNITESPOT.COM
“User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.
”Website” shall mean and include midnitespot.com and any successor Website of the Company or any of its affiliates
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.2) ASSENT & ACCEPTANCE
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.3) SERVICE
You must be at least 13 (Thirteen) years of age to use this Website, or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.5) COMMUNITY GUIDELINES
During the registration process for Registered Members, we will ask you to create an account by connecting with Facebook, which includes your Facebook sign-in name (“Sign-In Name”) password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future linked to your Facebook account (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered Member. You are solely responsible for the confidentiality and use of your Sign-In Name, Password and Unique Identifiers, as well as for any use, misuse or communications entered through the Website using one or more of them. You will promptly inform Midnite Spot LLC of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. Midnite Spot LLC reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Midnite Spot LLC will not be liable for any loss or damage caused by any unauthorized use of your account.7) LICENSE TO USE WEBSITE
We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.8) HEALTH PRECAUTIONS
Some of the Services promoted on the Website can be strenuous. It is the Contact Persons responsibility to ensure that all the group participants in these activities have the levels of health and fitness required to be able to participate in such activities. The Contact Person further warrants to us and the Suppliers that all the persons in the group participating in any activity have the necessary levels of health and fitness to be able to participate in the chosen activities. In some cases, persons in your group may have to sign disclaimer forms before commencing certain activities9) PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED ITINERARY ARRANGEMENTS
If you, or any member of you party, suffer death, illness, or injury whilst overseas arising out of an activity which does not form part of your package itinerary arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance to help you in resolving any claim which you may have against a third party, provided we are advised of the incident within 90 days of its occurrence.10) LATE ARRIVALS/DELAYS
It is your responsibility to arrive at all departure or pick-up points at the time specified in the itineraries supplied by Midnite Spot LLC. We will not accept responsibility for the consequences of late or non-arrival as specified above and no money will be refunded if you miss any part of your weekend as a result.11) BEHAVIOR
When you book with us or create event with us, you accept responsibility for any damage and/or loss caused by you or any member of your group to the Supplier. Full payment for any such damage or loss must be paid directly to the Supplier as soon as this is demanded. If you fail to do so, you accept to settle any claims subsequently made against us as well as any other costs incurred by us in relation to these claims, including but not limited to, traveling and legal costs which arise in relation to your actions. Nothing in this clause restricts us from seeking damages against you if you cause any damage and/or loss as explained above. We expect our clients to have consideration for other people.
Content Responsibility. The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
You agree that the Website and all Services provided by us are the property of Midnite Spot LLC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.15) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of midnitespot.com.
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.17) REVERSE ENGINEERING & SECURITY You agree not to undertake any of the following actions:
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.19) EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the midnitespot.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Midnite Spot LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.20) SPAM POLICY
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.21) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our Website.22) MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement23) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.24) SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.25) TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.26) NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.27) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.28) GENERAL PROVISIONS:
Midnite Spot LLCUnited States