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 §1542, 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;
·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.
