|
NIGHTLYFE TV TERMS OF
USE
User
Material
You retain all of your rights in your User Material. You shall be
solely responsible for your own User Material and the consequences of
posting or publishing it on the Nightlyfe Videos. You acknowledge that
you have no expectation of privacy or confidentiality with respect to
your User Material. In connection with User Material that you make
available on the Nightlyfe Videos, you expressly represent and warrant
that you either own or have secured the necessary licenses, rights,
consents, and permissions to enable Nightlyfe TV to include the User
Material as part of the Nightlyfe Videos and in the manner
contemplated by these TOU. You warrant that all moral rights to the
User Material you submit have been waived.
By submitting, posting, uploading, emailing or otherwise providing
User Material to Nightlyfe TV, you hereby grant Nightlyfe TV a
worldwide, non-exclusive, royalty-free, fully-paid, perpetual,
irrevocable, sublicensable and transferable license to use, reproduce,
modify, distribute, prepare derivative works of, display, publish,
perform and transmit the User Material in connection with the
Nightlyfe Videos and Nightlyfe TV’s (and its successor’s) business,
including without limitation for promoting and redistributing part or
all of the Nightlyfe Videos (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant
each user of the Nightlyfe Videos a non-exclusive license to access
your User Material through the Nightlyfe Videos, and to use,
reproduce, distribute, prepare derivative works of, display and
perform such User Material as permitted through the functionality of
the Nightlyfe Videos and under these TOU.
Nightlyfe TV does not guarantee that any User Material or Uploaded
Content will be made available on the Nightlyfe Videos. Nightlyfe TV
shall have no obligation to monitor any User Material and Uploaded
Content. Nightlyfe TV does not assume any responsibility or liability
for any User Material and you agree to waive any legal or equitable
rights or remedies you may have against Nightlyfe TV regarding such
User Material. However, Nightlyfe TV and its agents reserve the right
to monitor any User Material and Uploaded Content from time to time
for any lawful purpose. Nightlyfe TV may, without notice to you,
remove or block any User Material and/or Uploaded Content from the
Nightlyfe Videos, including disabling access to such User Material
and/or Uploaded Content that you have downloaded through the Nightlyfe
Videos.
Content
Content on
Nightlyfe Video is meant for all audiences. You understand that you
will be exposed to User Material and Uploaded Content from a variety
of users. Nightlyfe TV does not endorse and is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of such
User Material or Uploaded Content. You further understand and
acknowledge that you may be exposed to User Material or Uploaded
Content that is inaccurate, offensive, indecent, or objectionable.
Indemnification
You agree to defend, indemnify and hold harmless The Nightlyfe Group
LLC and its affiliates, subsidiaries and distribution partners and
their respective officers, directors, employees and/or agents
(collectively, “The Nightlyfe Group LLC Indemnitees”) from and against
any and all claims, damages, obligations, losses, liabilities, costs
or debt, and expenses (including but not limited to attorneys’ fees)
arising from: (i) your use of and access to the The Nightlyfe Group
LLC Service; (ii) your violation of any term of these TOU; (iii) your
violation, alleged or actual, of any third party right, including
without limitation any copyright, property, or privacy right; (iv) any
claim that any User Material or Uploaded Content you upload and
publish on the The Nightlyfe Group LLC Service caused damage to a
third party; or (v) your gross negligence or willful malfeasance
(collectively, “Claims”). You are solely responsible for defending any
such Claims, and for payment of losses, costs, damages or expenses
resulting from the foregoing to both a third party and to the The
Nightlyfe Group LLC Indemnitees. The Nightlyfe Group LLC shall have
the right, in its sole discretion, to select its own legal counsel to
defend the The Nightlyfe Group LLC Indemnitees from any Claims (but by
doing so shall not waive your indemnity obligations), and you shall be
solely responsible for the payment of all reasonable attorneys’ fees
incurred by the The Nightlyfe Group LLC Indemnitees in connection
therewith. You shall not, without the prior express written approval
of The Nightlyfe Group LLC, settle, dispose or enter into any proposed
settlement or resolution of any Claim (whether having been finally
adjudicated or otherwise) brought against you, if such settlement or
resolution results in any obligation or liability for any The
Nightlyfe Group LLC Indemnitee. This defense and indemnification
obligation will survive these TOU and your use of the The Nightlyfe
Group LLC Websites.
Miscellaneous
Acceptance. If you do not accept all of the terms and conditions set
forth in these TOU, you may not access or use the Nightlyfe Videos.
Ability to Accept. Nightlyfe TV is only available to users who are
over the age of 18. If you are under 21 years of age, you may not
register for or video submissions to Nightlyfe Videos or VIP
Membership.
Assignment
You may
not assign any of your rights or obligations under these TOU without
The Nightlyfe Group's express prior written consent. The Nightlyfe
Group may assign its rights or assign or delegate any of its
obligations under these TOU without restriction.
Modification
The
Nightlyfe Group LLC shall have the right to modify these TOU at any
time, which modification shall be effective upon posting the new TOU
on the Terms of Use page of the Nightlyfe TV Website. We recommend that you
check this website regularly for any such changes. Your use of
Nightlyfe Videos following such posting shall be deemed to constitute
your acceptance of such modification. These TOU may not otherwise be
changed or modified, except in a writing signed by an authorized
representative of The Nightlyfe Group LLC.
|
