Terms of Use
THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD).
The NightConnect portal service ("www.NightConnect.com" or the "Service") is an telephone online medium through which individuals over the age of 18 can meet each other. NightConnect portal service is provided by Night Connect LLC, Las Vegas, NV.
This is a legal agreement ("Agreement") between you and Night Connect LLC. Please read the Agreement carefully before registering for the phone portal service. By registering for NightConnect portal service, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the NightConnect portal service.
The terms are subject to change by NightConnect at any time, effective without notice. Minors may not become members. When you register, and from time to time thereafter, Night Connect LLC will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or Night Connect LLC. may terminate your NightConnect service at any time, for any reason, effective without notice. Night Connect LLC reserves the right to immediately suspend or terminate your access to the NightConnect service, without notice, upon any breach of this Agreement by you which is brought to Night Connect LLC's attention.
Your participation in the NightConnect service is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Nor may you use your account to pass on contact information for another member. Only one profile per person is allowed.
ON-PHONE CONDUCT
As a Member, you agree that:
You will be assigned a membership number and asked to select a pass code. You are solely responsible for the confidentiality and use of your membership number and pass code and agree not to transfer or resell your use of or access to the Service to any third party. If you have reason to believe that your membership account is no longer secure, you must promptly change your pass code by updating your account information on the Member sign in web page, on the phone portal system or by contacting Customer Service at 888.701.0707 option 0. You are solely responsible for maintaining the accuracy of your membership account information and the confidentiality of your membership number and pass code, and for any and all activities that are conducted through your membership account.
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the NightConnect portal service, or transmit to other NightConnect members.
You will not post on the NightConnect service, or transmit to other NightConnect Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the NightConnect service in a manner consistent with any and all applicable laws and regulations. - Night Connect LLC reserves the right, but has no obligation, to reject any profile that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to - buy or sell any products or services through the Service. You will not transmit any voice messages to other NightConnect Members.
You are solely responsible for your interactions with other NightConnect Members. Night Connect LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
INDEMNITY BY MEMBER
You will defend, indemnify, and hold harmless Night Connect LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the NightConnect service, including any breach by you of the terms of this Agreement.
ON-PHONE-LINE CONTENT
NightConnect does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Night Connect LLC be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the NightConnect or transmitted to NightConnect members.
WARNING - PLEASE READ
It is possible that other NightConnect Members or users (including unauthorized users, or "hackers") may post or transmit offensive, harassing or obscene materials on the NightConnect service and that you may be involuntarily exposed to such offensive, harassing and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Night Connect LLC is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the NightConnect service or release to others.
Night Connect LLC reserves the right, but has no obligation, to monitor the materials posted in all areas of the NightConnect portal service and website. Night Connect LLC shall have the right to remove any such material, or member, that violates, or is alleged to violate, the law, or this agreement. Notwithstanding this right of Night Connect LLC, you remain solely responsible for the content of the materials you post in the public areas of the service and your private messages.
PROPRIETARY RIGHTS
By posting information or content to any public area of NightConnect, you automatically grant, and you represent and warrant that you have the right to grant, to Night Connect LLC and other NightConnect Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER
Night Connect LLC will keep confidential all information supplied by you to Night Connect LLC, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
SERVICE TYPE
Free service allows one to place their profile in the phone system, to view unlimited profiles, receive messages, dedicate a music song, limited live chat, listen and reply to member messages.
COMPLAINTS
To resolve a complaint regarding the NightConnect service, you should contact Customer Support at 888-780-0707.
TERMS AND CONDITION OF PURCHASE
- No refund will be made in the event of termination of Purchaser's membership due to a violation of the Terms and Conditions of Service as outlined in there in.
- All disputes resulting from the purchase of membership or any other purchase made within the NightConnect shall be brought to a binding arbitration in accordance with the rules of the Better Business Bureau and all such arbitration shall take place in Las Vegas, Nevada.
- By submitting a membership purchase, purchaser hereby acknowledges, that Night Connect LLC will not renew Purchaser's subscription, automatically, every month, at the guaranteed renewal rate that applies to the purchase option chosen by Purchaser, until such time as Purchaser instructs NightConnect to renew.
This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions in the "Member Services" option of the Service, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You.
FEES AND PAYMENTS
In order to use the Service, Users and Members may purchase pre-paid membership packages of minutes or charge their minutes on their telephone bills. Time is deducted or charged on a per-minute basis. Membership packages will be charged a 10 minute maintenance fee for each 30 day period that the membership was not used, calculated from the date of last use. Memberships (other than free memberships or trials) will be deactivated after 90 days of non-usage, but may be re-activated by the Member upon contacting customer services. Any minutes charged for maintenance fee during the period of non-usage will not be refunded. If your usage of the Service is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited. Minutes and membership packages cannot be transferred from one Member to another Member. All free memberships or trials may be deactivated or terminated by the Company at any time.
You agree to pay or have paid all fees and charges incurred in connection with your use of the Service or your purchase of pre-paid membership packages (including any applicable taxes in connection with the purchase of the minutes or pre-paid membership packages) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The Company may change its pricing policy at any time, including its fees and charges in effect for using the Service, or add new fees or charges, by posting its new pricing policy on the Website from time to time.
Members and Users may use various payment methods to purchase minutes or membership packages, which are posted on the Website. The Company reserves the right to change the manner or method in which the Company charges Members for minutes or membership packages, and the method of payment which is acceptable to the Company, at the Company's sole discretion. The terms of your payment will be based on your payment method and may be determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method ("Payment Method Provider"). If the Company does not receive payment from your Payment Method Provider, you agree to pay immediately all amounts due to the Company from your use of the Service.
DISCLAIMER OF WARRANTY
Night Connect LLC provides the NightConnect service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with Night Connect LLC or its representatives, or otherwise with respect to the service. Night Connect LLC specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Night Connect LLC does not warrant that your use of the NightConnect service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Night Connect LLC disclaims liability for, and no warranty is made with respect to, service, including coverage, range, or any interruption in service.
LIMITATION OF LIABILITY
In no event will Night Connect LLC be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the NightConnect service, even if Night Connect LLC or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Night Connect LLC liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Night Connect LLC for the service during the term of service.
In addition, Night Connect LLC disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the NightConnect service.
GENERAL PROVISIONS
You agree that Nevada State (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to Arbitration under Nevada State Law. This Agreement, accepted upon registering for the NightConnect service, contains the entire agreement between you and Night Connect LLC regarding the use of the Service. This Agreement may only be amended upon notice by Night Connect LLC to you, or by a writing signed by you and an authorized official of Night Connect LLC. Unless otherwise explicitly stated, the Terms will survive termination of your account to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
