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User Agreement and Privacy Policy
Terms and Conditions comes here

NightPrivy Seller Terms & Conditions


1.††† Delivery

†Sellers can register with NightPrivy.com prior to receiving selling privilege. However, sellers will not be authorized to sell until such privileges are granted by NightPrivy. After NightPrivy performs seller verification (N/A - we will not charge sellers a membership fee), members will receive seller confirmation via email that states that you have selling privileges. If you do not receive an email within 24 hours, please contact us through the website. Upon logging in with the provided credentials, NightPrivy.com members will have instant access to all applicable forums. The seller hereby guarantees that he/she lawfully has the right to act on behalf of the establishment advertised, and that any misrepresentation will void any contract between the parties except to the extent that any damages arising from any such misrepresentation will be the responsibility of the seller.† You also represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify NightPrivy.com or its associates for all claims resulting from content you supply.

2.†††† Limited Usage of Products

Your NightPrivy.com membership grants you the right to sell nightly table and/or bottle service, VIP admission into your establishment and tickets to special events in your venue. You agree that you will not sell any other or additional services without the express written consent of NightPrivy.com.† You also agree that any postings for the sales of any and all products are subject to the final approval of NightPrivy.com before it is posted for sale on our site.† You agree that all sales made on our site are final and that any disputes regarding the quality of the product sold on our site is your responsibility.† You agree to indemnify and hold harmless NightPrivy.com, its staff, owners, heirs or assigns in any action resulting in liability.

3.†††† Restrictions

†While using NightPrivy.com services and tools, you will not:

qPost content or items in an inappropriate category or areas on our sites and services;

qviolate any laws, third party rights or our policies, such as any policy on prohibited and restricted items;

quse our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our site, services or tools;

qfail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

qfail to deliver items purchased from you, unless the buyer fails to meet the posted terms;

qmanipulate the price of any item or interfere with other users' listings;

qcircumvent or manipulate our fee structure, the billing process, or fees owed to NightPrivy.com;

qpost false, inaccurate, misleading, defamatory, or libelous content (including personal information);

qtake any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to NightPrivy.com);

qtransfer your NightPrivy.com account (including feedback) and User ID to another party without our consent;

qdistribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

qdistribute viruses or any other technologies that may harm NightPrivy.com, or the interests or property of NightPrivy.com users;

qexport or re-export any NightPrivy.com tools except in compliance with the export control laws of any relevant jurisdictions;

qcopy, modify or distribute rights or content from the NightPrivy.com sites, service or tools or NightPrivy.com's copyrights and trademarks; or

qharvest or otherwise collect information about users, including email addresses, without their consent.

4.†††† Limitations

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-NightPrivy.com transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).† Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue NightPrivy.com sites, services or tools.

5.†††† Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.† For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including NightPrivy.com users). You may use catalog content solely in connection with your NightPrivy.com listings during the time your listings are on NightPrivy.com's sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all NightPrivy.com policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

6.†††† Listing Conditions

By listing an item on NightPrivy.com’s sites, you agree to pay NightPrivy.com’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on NightPrivy.com’s sites, your listing will be posted on NightPrivy.com’s sites and can be viewed on NightPrivy.com.† Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so NightPrivy.com can’t guarantee exact listing durations.† Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.† You can read more about where your listings appear in search and browse results in NightPrivy.com’s Help Pages.

7.†††† Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

8.†††† No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

9.†††† Notices

Except as explicitly stated otherwise, legal notices shall be served on NightPrivy.com's national registered agent (in the case of NightPrivy.com) or to the email address you provide to NightPrivy.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

10. Privacy

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

11. ELECTRONIC COMMUNICATIONS

When you visit NIGHTPRIVY.COM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and you hereby consent that notice on this site serves as official notice of any legally binding changes to our terms and conditions of service and our agreement with you.

12. COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NightPrivy.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of NIGHTPRIVY.COM, with copyright authorship for this collection by NIGHTPRIVY.COM, and protected by international copyright laws.

13. TRADE MARKS

NightPrivy.com’s trademarks and trade dress may not be used in connection with any product or service that is not NightPrivy.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NightPrivy.com. All other trademarks not owned by NightPrivy.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NIGHTPRIVY.COM or its subsidiaries.

14. LICENSE AND SITE ACCESS

NightPrivy.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NightPrivy.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NightPrivy.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NightPrivy.com and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing NightPrivy.com’s name or trademarks without the express written consent of NightPrivy.com. Any unauthorized use terminates the permission or license granted by NightPrivy.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NightPrivy.com so long as the link does not portray NightPrivy.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NightPrivy.com logo or other proprietary graphic or trademark as part of the link without express written permission.

15. Purpose

In connection with this contract, it may be necessary and/or desirable for NightPrivy.com to provide† you with, or allow access to, proprietary, technical, or business data, and/or other confidential information of NightPrivy.com (collectively the "Confidential Information").† Therefore, you, individually and on behalf of those you represent, agree that you are under an obligation of confidentiality. You agree that the NightPrivy.com’s Confidential Information has significant commercial value that would be diminished by unauthorized disclosure.† Therefore you agree that you shall not use any advantages derivable from such information in NightPrivy.com’s own business or affairs, unless the same is done pursuant to a new agreement with all other signatories to this document.



NightPrivy Buyers Terms and Conditions

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any credit card useror other content. NightPrivy.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant NightPrivy.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NightPrivy.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify NightPrivy.com or its associates for all claims resulting from content you supply. NightPrivy.com has the right but not the obligation to monitor and edit or remove any activity or content. NightPrivy.com takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from NightPrivy.com are made pursuant to a shipment †contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.† In other words, the risk of loss transfers to you as soon as we make electronic transfer of your information to our Seller members (immediately).† All sales made on this site are final with no refunds or exchanges.

PRODUCT DESCRIPTIONS

NightPrivy.com and its associates attempt to be as accurate as possible. However, NightPrivy.com does not warrant that product descriptions† as given to us by our Seller members is accurate, complete, reliable, current, or error-free. If a product or service offered by NightPrivy.com itself is not as described, your sole remedy is to notify us immediately and we will notify the Seller member if the product has not been used.†

DISCLAIMER

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY NIGHTPRIVY.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIGHTPRIVY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NIGHTPRIVY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIGHTPRIVY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NIGHTPRIVY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIGHTPRIVY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting NightPrivy.com, you agree that the laws of the state of the District of Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NightPrivy.com or its associates.†

DISPUTES

Any dispute relating in any way to your visit to NightPrivy.com or to products you purchase through NightPrivy.com shall be submitted to confidential arbitration in the District of, except that, to the extent you have in any manner violated or threatened to violate NightPrivy.com’s intellectual property rights, NightPrivy.com may seek injunctive or other appropriate relief in any state or federal court in the District of Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.† In the event that an arbitrator’s ruling is required, the losing party shall bear all costs for the prevailing party.

RELEASE

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ß1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are over 21 years of age, you may use our website. This website does not permit persons under the age of 21 to register. NightPrivy.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.†You can see, review and change most of your personal information by signing on to NightPrivy.com. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our†NightPrivy.com User Agreement, and take other actions otherwise permitted by law.

While using NightPrivy.com services and tools, you will not:

†††††††††post content or items in an inappropriate category or areas on our sites and services;

†††††††††violate any laws, third party rights or our policies, such as any†prohibited and restricted items policies;

†††††††††use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 21, or are temporarily or indefinitely suspended from using our site, services or tools;

†††††††††fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

†††††††††fail to deliver items purchased from you, unless the buyer fails to meet the posted terms;

†††††††††manipulate the price of any item or interfere with other users' listings;

†††††††††circumvent or manipulate our fee structure, the billing process, or fees owed to NightPrivy.com;

†††††††††post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

†††††††††take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to NightPrivy.com);

†††††††††transfer your NightPrivy.com account (including feedback) and User ID to another party without our consent;

†††††††††distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

†††††††††distribute viruses or any other technologies that may harm NightPrivy.com, or the interests or property of NightPrivy.com users;

†††††††††export or re-export any NightPrivy.com tools except in compliance with the export control laws of any relevant jurisdictions;

†††††††††copy, modify or distribute rights or content from the NightPrivy.com sites, service or tools or NightPrivy.com's copyrights and trademarks; or

†††††††††harvest or otherwise collect information about users, including email addresses, without their consent.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-NightPrivy.com transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).† Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue NightPrivy.com sites, services or tools.

SECURITY

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

THIRD PARTIES

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. NightPrivy.com does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

I agree to the following:
 
  • I accept the User Agreement and Privacy Policy above.
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