Terms and Conditions of Use
These Terms and Conditions of Use (the "Agreement") set forth the terms and conditions that apply to your use of the Web sites located at http://www.overnightsocialites.com, http://www.overnightsocialitesnewyork.blogspot.com, and http://www.overnightsocialites.blogspot.com and the services, contests, and materials offered thereon (collectively, the "Service") which are offered to you by Overnight Socialites. All Terms and Conditions of Use shall apply to the use of any third-party service utilized by Overnight Socialites (such as, Blogger). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, you must discontinue your use of the Service.
1. The Basics
Key Terms. The Service is a computer online service that facilitates the operation of online and off-line contests ("Contests"). It is accessible to you through a personal computer, or other access device at http://overnightsocialitesnewyork.blogspot.com (the "Site") using a communications connection (e.g., modem or telephone line). The web site http://www.overnightsocialites.com is forwarded to the Site.
Ability to Enter into the Agreement. You affirm that you are 18 years of age or more and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to Overnight Socialites unless you are at least 21 years old.
Termination of Service (Including Contests). OVERNIGHT SOCIALITES MAY AT ANY TIME AND FOR ANY REASON COMPLETELY DISCONTINUE THE SERVICE, WHICH INCLUDES WITHOUT LIMITATION ALL CONTESTS REGARDLESS OF HOW FAR THEY HAVE PROGRESSED.
Restrictions on Use. As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, contest opportunities, links to other Web sites and other computer services that Overnight Socialites may decide to offer, subject to the terms hereof. Overnight Socialites may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,
i. restricting the time of availability,
ii. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),
iii. restricting the amount of use permitted,
iv. changing Contest rules, and
v. restricting or terminating any User's right to use all or part of the Service, at any time in Overnight Socialite’s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. The Service is owned and operated by Overnight Socialites and contains material that is derived in whole or in part from material supplied and owned by Overnight Socialites and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Overnight Socialites and Overnight Socialites does not transfer title to any such Material to you.
2. General Contest Rules and Conditions
Set forth below are the general terms and conditions for participating in a Contest on the Site ("Contest Rules"). By participating in a Contest, participants certify that she has followed, and agrees to be bound by the Contest Rules and all other Terms and Conditions of Use. All Entrants consent to use of name, likeness, entry material in any manner by Overnight Socialites or a sponsor who provides prize(s) for the Contest ("Sponsor") or any other promotional partners for advertising and trade without further compensation, unless prohibited by law. By participating in a Contest, participants agree to be bound by the decisions of Overnight Socialites, which are final.
Eligibility in Contests: Unless otherwise provided, Contests are open to legal female residents of the New York City Metro Area who, as of the date of entry submission, have attained the age of 21 and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Contest Rules. Employees of Overnight Socialites, Sponsors, advertising and promotion agencies, and their immediate families and those living in same household of each are not eligible to participate in any Contest. You may not enter more than once in any Contest.
Submission of Entries: Any authorized user of the Site who is eligible may submit an entry in a Contest based on the qualification rules established for the contest. These persons are referred to as "Entrants." Entrants must first submit an entry form. Second, entrants must submit a video “an Entry Video” to Revver (http://www.revver.com) that, unless otherwise noted, must only depict the original performance of the Entrant. All Terms and Conditions of Use shall apply to the use of any third-party service utilized by Overnight Socialites (such as, Revver). The Entry Video shall not exceed 30 seconds in length.
In the Entry Video, Entrant must state:
Entrant’s name
that this is for the Overnight Socialites New York City Competition
answer to 'Why are you the next Overnight Socialite?'
Entry Video must include the following information to be considered for Contest.
Title: Overnight Socialites New York City
Description: Your Entry number
Tag: one word that describes you and your video
Webpage: http://newyork.overnightsocialites.com
By submitting an entry form and then, titling your Entry Video with ‘Overnight Socialites New York City’, you hereby grant to Overnight Socialites a perpetual, irrevocable, royalty free, non-exclusive, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit any Entry Video that you submit to Revver. Any entry that violates these Contest Rules or the Terms and Conditions of Use will be removed, and the Entrant may be disqualified. Entrants must submit any information that Overnight Socialites may request for each round in the time specified in order to remain eligible.
Duration and Entry: Contests begin and end on the dates and times specified on the Site. Contests consist of 5 rounds.
Round 1: Twelve (12) women will advance to Round 2.
Round 2: Six (6) women will be voted off after Round 2 leaving six (6) competitors.
Round 3: Two (2) women will be voted off after Round 3 leaving four (4) competitors.
Round 4: Two (2) women will be voted off after Round 4 leaving two (2) competitors.
Round 5: One (1) woman will be voted off after Round 5 leaving one (1) winner.
Voting: Any authorized user of the Site will have the opportunity to cast one vote for the Entrant they feel is entertaining or otherwise deemed to be worthy of advancing to the next round of the Contest. Each authorized user of the Site may vote only once in each round. If more than vote is received from the same email address, no votes from that email address will be counted. Round 1 voting will be performed by users submitting emails to info@overnightsocialites.com. The subject line of the email must only contain the unique Entry number found in the description of each video. The subject of the email should say ‘Round 1 Vote’. Voting for the remaining rounds will be tallied by an online software. The general voting will end on the date specified on the Overnight Socialites Competition Schedule page. On or about that same date, Overnight Socialites will total the number of eligible votes received and contact the winner(s) shortly after that date. Overnight Socialites may apply a weight to votes based on a trust based scoring system that factors in voter accuracy and potential fraud.
Prize: At this point in time, there are no prizes. Entrants are playing only for potential fame.
Winners: To find out the name of the winner(s) of a Contest, visit the Site homepage after the specified Contest end date. Non-verified winners may be notified by email and must respond within 4 days of transmission. If Overnight Socialites does not receive a response within this time period, the winner may be disqualified and an alternate winner will be determined. If prizes are added at a later time, winners may make no substitution or transfer of prize. All federal, state and local income taxes are the sole responsibility of winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. Overnight Socialites is not responsible for any prize awarded by any Sponsor, including for any warranty, support or other services associated with the prize.
Submission of Content by Contest Entrants: Contest Entrants are required to submit content ("Content") to Overnight Socialites or other third party web sites (such as Revver, Youtube, or other third-party online video web sites) for display on the Site, whether as an entry in a Contest or otherwise. Content may include information such as Entrant’s name, email address, physical address, and telephone number, as well as, answers to questions, photos of Entrant, videos of Entrant, and other personal information.
Such Content is subject to:
Overnight Socialite’s or third parties' ownership of material on the Site, such as commentary and music, may be incorporated in Content you provide to Overnight Socialites. You retain ownership of the copyright and other intellectual property rights in the Entry Video, including but not limited to your performance. You hereby grant to Overnight Socialites a perpetual, irrevocable, royalty free, non-exclusive, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit Entry Video that you submit to third party web sites (Revver) in relation to Overnight Socialites as an entry in a Contest or otherwise. You agree to transfer all copyright ownership of all other Content submitted directly to Overnight Socialites.
Overnight Socialites may do any or all of the foregoing for any purpose necessary or relating to Overnight Socialite’s services, products or advertising. Any Entry Video or Content that you submit is deemed non-confidential, and Overnight Socialites shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Entry Video or Content (excluding personal contact information; email address, physical address, and/or telephone number).
You shall be solely responsible for the Entry Video and Content and the consequences of posting or publishing it. In connection with the Entry Video and Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Overnight Socialites to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Entry Videos and Content to enable inclusion and use of the Entry Video and Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Entry Video and Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Entry Video and Content in the manner contemplated by this Site and this Agreement. Overnight Socialites has the right in its sole discretion to refuse to post Entry Video and Content for any reason, including, but not limited to, submitted Entry Videos and Content that appears to contain material protected by intellectual property rights held by a third party.
You agree that Overnight Socialites is not responsible for any violations of any intellectual property rights in any Entry Video or Content that you submit to Overnight Socialites or third-party online video web sites such as Revver. You understand that by using the Service that your Entry Video and Content will be publicly available to others and that Overnight Socialites has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Entry Video or Content by others.
Site Availability: You understand that the Site may be taken down for maintenance from time to time and that most Site features, including access to Contests, will not be available during that time.
Termination of Services: Overnight Socialites reserves the right to deny access to anyone, including, but not limited to those persons who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S.
Overnight Socialites reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate in Contests.
Entrant’s Behavior: Overnight Socialites provides businesses with an advertising opportunity in which they can “invite” competition participants to their events or establishments. Overnight Socialites makes no claim or guarantee that invitations will be accepted by competition participants. Nor does Overnight Socialites claim any responsibility for the actions or statements made by competition participants outside of this web site.
3. General Service Rules and Conditions
a. Voting and Voter Registration
Any authorized user of the Site will have the opportunity to cast one vote for the Entrant they feel is entertaining or otherwise deemed to be worthy of advancing to the next round of the Contest. Each authorized user of the Site may vote only once in each round. If more than vote is received from the same email address, no votes from that email address will be counted. Round 1 voting will be performed by users submitting emails to info@overnightsocialites.com. The subject line of the email must only contain the unique Entry number found in the description of each video. The subject of the email should say ‘Round 1 Vote’. Voting for the remaining rounds will be tallied by an online software. The general voting will end on the date specified on the Overnight Socialites Competition Schedule page. On or about that same date, Overnight Socialites will total the number of eligible votes received and contact the winner(s) shortly after that date. Overnight Socialites may apply a weight to votes based on a trust based scoring system that factors in voter accuracy and potential fraud.
Overnight Socialites may, in its sole discretion, refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. The Service is currently provided for free. Overnight Socialites reserves the right to change the nature of this relationship at any time.
b. General
By emailing Overnight Socialites as part of Round 1 voting or otherwise, Overnight Socialites may choose to send you e-mail newsletters on a variety of topics – for example, informing you of Overnight Socialites features or events, letting you know of problems with the Site or with services offered by Overnight Socialites, or presenting you with the opportunity to buy selected products and services. You may elect not to receive these e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. Overnight Socialites may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may start or stop receiving such e- mails at any time by sending an e-mail to an address that shall be designated for that purpose.
c. Rules for Use of the Service
1. Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not:
i. restrict or inhibit any other user from using and enjoying the Service;
ii. post, upload, perform, or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined. For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia;
iii. post, upload, perform, or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
iv. post, upload, create, or transmit any information (including without limitation, Content), software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder;
v. post, upload, or transmit any information, software or other material that contains a virus or other harmful component;
vi. post, upload, or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
vii. post, upload, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters" except that you may provide promotional materials in those areas (such as ’Look Where We’re Invited’ area) that are designated for such purpose;
viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
x. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
xi. use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy;
xii. disguise a file type to thwart Overnight Socialite’s detection processes;
xiii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content submitted to the Site;
xiv. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
xv. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
xvi. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
xvii. "stalk" or otherwise harass another;
xviii. post, provide, or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
xix. attempt to gain unauthorized access to other computer systems or networks connected to the Service.
You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Overnight Socialites, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
2. Monitoring
Overnight Socialites has no obligation to monitor the use of the Service by users of the Site. You acknowledge and agree that Overnight Socialites reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Overnight Socialites reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Overnight Socialite’s sole and absolute discretion are objectionable or in violation of this Agreement.
3. License
By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting Overnight Socialites a royalty- free, irrevocable, perpetual, exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication.
By submitting an Entry Video through Revver or other third-party online video web site, you are granting Overnight Socialites a royalty-free, irrevocable, perpetual,nonexclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Entry Video, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Entry Video.
No Communication or Entry Video shall be subject to any obligation of confidence on the part of Overnight Socialites (except for personal contact information such as physical address, email address, and telephone number).
4. Content on the Service.
Communications posted through the Service are provided by users such as you who are unaffiliated with Overnight Socialites, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Overnight Socialites, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. Under no circumstances will Overnight Socialites be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
4. Submissions
Overnight Socialites is pleased to hear from users and welcomes your comments regarding Overnight Socialite’s programs and services. Overnight Socialite’s policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Overnight Socialites and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of Overnight Socialites, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Overnight Socialites. Disclosure, submission, or offer of any Comments shall constitute an assignment to Overnight Socialites of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. Overnight Socialites may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Overnight Socialites and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Overnight Socialites is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.
5. Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants 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 merchant. Overnight Socialites will 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 merchants on the Service.
6. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OVERNIGHT SOCIALITES, ITS OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING ANY PARTICIPATION IN A CONTEST. OVERNIGHT SOCIALITES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR IN A CONTEST, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN A CONTEST, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR ANY CANCELLATION OF A CONTEST, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. OVERNIGHT SOCIALITES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OVERNIGHT SOCIALITES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL OVERNIGHT SOCIALITES OR ITS SPONSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR PARTICIPATE IN ANY CONTEST, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, OVERNIGHT SOCIALITE’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OVERNIGHT SOCIALITES OR ANY OF ITS SPONSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY FILE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OVERNIGHT SOCIALITES, SPONSORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
8. Indemnification
You agree to defend, indemnify and hold harmless Overnight Socialites, its Sponsors and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any entry form, Entry Video, Content, or Communication posted, submitted, or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
9. Termination
Overnight Socialites may, in its sole discretion, terminate your use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) any other access or use of the Service except as expressly provided in this Agreement, (ii) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (iv) failure to use the Service or portion thereof on a regular basis. You may terminate your participation in any Contest hereunder upon seven (7) days notice via email by you to Overnight Socialites of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Overnight Socialites may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Overnight Socialites and its licensors.
10. Trademarks
Overnight Socialites and the Overnight Socialites logo, are trademarks of Overnight Socialites, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Overnight Socialites or the owner of such trademark, service mark or trade name, except as explicitly permitted in the section above entitled "Restrictions on Use".
11. Minors
If you have agreed to allow your minor child (under the age of 18), or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not access any Service hereunder.
12. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Overnight Socialites hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org, and at the GetNetWise Coalition website, http://www.getnetwise.org. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.
13. Infringement Policy
Overnight Socialites, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your right to use the Service and remove material that alleged to infringe the copyright or other intellectual property rights of a third party if Overnight Socialites determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Overnight Socialites accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Overnight Socialites has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Overnight Socialites in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By e-mail: info@overnightsocialites.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
a. An electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
c. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
14. Modification
Overnight Socialites reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. The amended Agreement will apply to your use of the Site and your participation in any Contest. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
15. Export Control
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote Overnight Socialite’s Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by Overnight Socialites from its offices within the state of Ohio, United States of America. Overnight Socialites makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Westerville, Ohio, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You also agree to submit to the personal jurisdiction of the courts located within Delaware County, Ohio for the purpose of litigating all such claims or disputes. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Overnight Socialites to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Overnight Socialites. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
