The Services include listings of paid advertisements and links to third party websites.
The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information. Urbanights uses reasonable efforts to ensure the availability of the information and content, including links that it makes available through the Services. However, the Services are composed of content not offered by Urbanights.
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Urbanights 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.
Urbanights makes no warranty that (i) The service will meet you requirements, (ii) The service will be interrupted, 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.
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 that results from the download of any such material.
Urbanights does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites.
Urbanights is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Urbanights does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Urbanights is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Urbanights 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
If you have a dispute with one or more advertisers, you agree to release and hereby release Urbanights (and Urbanights’ officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Urbanights has no control over such sites and resources, you acknowledge and agree that Urbanights is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Urbanights shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Only Personal Use is Authorized
Under this Agreement, Urbanights gives viewers limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Urbanights express permission.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Advertisers Terms and Condition Agreement (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Advertiser represents, warrants, acknowledges and agrees as follows: (a) Urbanights do not engage in, or provide advertising for any illegal activities of any kind, including but not limited to solicitation of prostitution and/or prostitution; (b) Advertiser's advertisement(s) is not and will not be used to advertise, promote, offer or solicit any illegal activities of any kind, including but not limited to solicitation of prostitution and/or prostitution; (c) Advertiser has received, read, understood and agrees to strictly comply with the Urbanights Advertising Guidelines in placing advertising on the Website If you provide any information that is untrue, inaccurate, not current or incomplete, or Urbanights has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Urbanights has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Account, Password and Security
You will receive a user identification and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Urbanights of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Urbanights cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Urbanights, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. Urbanights does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Urbanights be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content that:
(a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
(b) 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 );
(c) infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or
(d) interferes with or disrupts the Service or servers or networks connected to the Service
Urbanights and its designees shall have the right to remove any Content that violates the above terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that Urbanights may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Urbanights, its users and the public.
No resale of services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that Urbanights, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Urbanights believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Urbanights 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 may be effected without prior notice, and acknowledge and agree that Urbanights may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Urbanights shall not be liable to you or any third-party for any termination of your access to the Service.
Your right to access the Services is subject to any limits established by Urbanights. The technology underlying, and content within, the Services is owned by Urbanights and/or its licensors (including Urbanights’ advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Urbanights, Urbanights owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
The services are provided “as is”, without warranty of any kind. Urbanights disclaims any warranties, express, or implied, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Urbanights Potential Liability for the Services is Limited
Neither Urbanights nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to you for any indirect, incidental, special or consequential damages arising out of use of the services, or inability to gain access to or use the services. Urbanights will no be liable for any material of website it link to or advertisers on its site or for information contained in whole or part on the linked site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such state law.
Defamation, Copyright and Trademark Claims
Urbanights respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Urbanights Copyright Agent the following information:
- A description of the copyrighted work that is the subject of claimed infringement
- A description of the infringing material and information sufficient to permit Urbanights to locate the alleged material
- Contact information for you, including your address, telephone number and/or e-mail address
- A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law
- A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Urbanights does not arbitrate or resolve trademark disputes among Urbanights’ advertisers or between those advertisers and third parties. However, Urbanights will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Urbanights occasionally receives requests to remove listings from within the Services. Urbanights reserves the right to address such requests on a case-by-case basis.
Objectionable Material and Family Filtering
Urbanights encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, Urbanights encourages you to use the adult filtering service that may be provided by third parties. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.
If you come across any site that you believe contains child pornography or other illegal material, please contact firstname.lastname@example.org and we will contact the authorities as appropriate.
Privacy and Data Collection
Urbanights does not collect personally identifying information from users of the Services unless users have explicitly given such information to Urbanights (for example, when becoming an advertiser, subscribing to our newsletter or when sending us an e-mail with a question or as part of a contest). Urbanights does not sell or provide user or advertiser information, knowingly, to third parties. You should consider any communication that you transmit to Urbanights (such as data, questions or answers, advertisements, comments, or suggestions) as non-confidential, and agree that Urbanights will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
Control over Features, Functions, and Access to the Services
Urbanights reserves the right to change any information, features and functions of the Services without prior notice. Urbanights may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Urbanights determines, in its sole discretion, violate this Agreement, the rights of Urbanights or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the Province of British Columbia and the Dominion of Canada without regard to its conflict of law provisions. Urbanights' failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the Province of British Columbia. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Vancouver, British Columbia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Urbanights may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, British Columbia, as necessary to protect the rights or property of you or Urbanights.
Urbanights may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Urbanights.
This agreement was last revised on May 28,2002.