Artificial intelligence can be used to expand the number of actual activity of the web-site. By using our web-site you agree to the resulting risk of impersonation.
Please see our Risk Notice for more details
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SEE SECTION 21) AND LIMITATION OF LIABILITY (SEE SECTION 22).
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES EXCEPT AS SPECIFIED BELOW IN SECTION 25 OR IF YOU OPT OUT. OPT OUT IS ONLY POSSIBLE WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE. PLEASE SEE SECTION 25 FOR DETAILS.
We may change this Agreement with you by posting changes to the Service or by giving you notice. Use of the Service after the effective date of any changes constitutes your acceptance of such changes. Please see Section 1(b) below for more details.
1. YOUR ACCEPTANCE OF THIS AGREEMENT. CHANGES. NOTICES.
- a. Electronic Agreement. This Agreement is a binding agreement between you and Night Temptations. By accessing or using the Website or the Service, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein. If you do not accept this Agreement, then do not access or use the Service. This Agreement applies to all users of the Service ("Users"), including, without limitation, users who are browsers, customers, and/ or contributors of content .
- b. Changes. We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by (i ) posting the changed Agreement (or parts of it) to the Service; or (ii) otherwise giving you notice of the changes. The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise).
- Your continued use of or access to our Service following the effective date of any changes to the Agreement constitutes acceptance of those changes. This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by Night Temptations in writing .
- Any new features which are added to the Service shall also be subject to the Terms. In this clause, the terms "change" and "changed" in relation to changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions and restatements whatsoever, including adding or removing any portions of this Agreement.
- c. Changes to parties. We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer. You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).
- d. Notices. Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Service, by sending you an email, or otherwise.
- If we choose to notify you about changes to this Agreement or about other matters by email, each such notification shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if: (i ) our email notification is filtered as a spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or (ii) you do not actually read it for any other reason.
- To reduce the chance that it is so filtered, please add firstname.lastname@example.org to your email contact book and whitelist this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.
- You agree to notify us immediately of any change in your contact details, including your email address. You can do so by updating your profile on the Website (if applicable) or by contacting email@example.com
- e. You acknowledge and agree that users of Night Temptations may be part of an online community that includes other websites owned by the Company or its affiliates ("Affiliate Websites"). Therefore, with your consent, we may use your profile on the Website to populate registration and profile information on the Affiliate Websites.
- a. Age Restrictions. No part of the Service is directed to persons under the age of 18 or the age of majority in your state or jurisdiction, whichever is greater. IF YOU ARE UNDER 18 YEARS OF AGE or the age of majority in your state or jurisdiction , YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age or the age of majority in your state or jurisdiction, whichever is greater. If you are under 18 years of age or the age of majority in your state or jurisdiction , then you are not permitted to use the Service. You may be requested to provide your credit card information in order to enable us confirm that you have 18 years. We may charge USD 0,99 from your credit card for this purpose. We will not charge any other amounts from your credit card unless you give us your express consent to do so when making purchases on Night Temptations or other websites operated by West Night Corp.
- b. Membership in the Service is void where prohibited by law. By using the Service, you represent and warrant that you have the right, authority , and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately (without prejudice to the generality of other provisions of this Agreement), and Night Temptations reserves the right to take any all legal action against you to enforce its rights and to refuse to make any refund of any unused or used funds in your account.
- c. The Website may contain adult-oriented content by Users who desire to share and view visual depictions of adult-oriented content, including sexually explicit images. In addition, the Website contains texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of any kind and other materials posted/uploaded by users. By using the Website you represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content.
- a. Accounts. You may become a Member of the Service at no cost. If you are registered with the Service and have a profile, then you are a "Member."
- b. To become a Member, you must create an account by providing a valid email address, username, password and/or other information as prompted by the registration form or as required by applicable law. Those Members who are referred to us by our local service providers may be registered with the Service by such local service providers, who may provide such Members’ registration information to us on the Members’ behalf (please see Section 12 ("Suppliers. Validated Members") below for more details). We may also allow you to register by using your social network credentials. When registering, you are prohibited from selecting or using as a username: (i ) a name of another person with the intent to impersonate that person; (ii) a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar , or obscene. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username and give such username to another User of the Service in our sole discretion, and without any liability to you. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
- c. Premium Features. Certain features of the Service are only available to paying Members ("Premium Features"). In some cases, we may offer Premium Features for a flat fee payable each time you use a Premium Feature or depending on the amount of time you use a certain Premium Feature. In those cases, you agree to pay the fee stated on the Service. We also may or may not provide for the possibility to subscribe for regular access to certain features of the Service. You may be required to pay a fee to obtain Premium Features.
- d. Account Inactivity and Termination of Account. In the event that your account has not been active or you have not otherwise accessed the Service for 3 months, your account may be terminated and all prepaid Premium Features may be forfeited at our sole discretion. Additionally, if your account or access to the Service is terminated due to reasons other than inactivity (e.g., a breach of this Agreement), or if we discontinue availability of some or all of the Service, then all of your Premium Features may be forfeited, unless otherwise is expressly provided in our Refund Policy.
- e. Limitation of Liability with Respect to Premium Features. We have no liability for hacking or loss of your Premium Features or any goods or services obtained with the help of the Service. We have no obligation to, and will not, reimburse you for any cost of Premium Features or any goods or services obtained via the Service that are lost due to your breach of this Agreement. We reserve the right, without prior notification, to limit the quantity of Premium Features and/or to refuse to provide you with any Premium Features. Price, exchangeability, and availability of Premium Features are determined by us in our sole discretion and are subject to change without notice. Subject to applicable law, you agree that we have the absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Premium Features in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Premium Features regardless of the circumstances. You absolve us of any responsibility to maintain or update your account balance. However, if there is a loss of Premium Features in your account due to technical or operational problems with the Service, we will replenish and/or renew the lost Premium Features once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replenish and/or renew the Premium Features lost.
- f. Continuous service-Automatic Top-Up When Account Balance Low. We may allow you to agree to a plan or arrangement in which a subscription or purchasing agreement continues until you cancel it. For example, the Service may provide you with opportunities to authorize us to charge your credit card or other payment method for a certain number of Premium Features every time the term of the Premium Features is about to expire, until you cancel this arrangement via the Service.
- g. Cancellation As a Result of Death or Disability. If , by reason of death or disability , you are unable to receive the Service for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for Services other than those received before death or the onset of disability, except as provided in subsection (i) below.
- h. "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to us.
- i. If the physician determines that the duration of the disability will be less than six (6) months, we may extend the term of the Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
4. TERM AND TERMINATION
This Agreement will take full force and effect when you access the Service and will remain in effect while you use the Service. You may terminate your membership (subject to Section 3 above) at any time, for any reason, by contacting our Support Team online at firstname.lastname@example.org We may suspend or terminate your use of our Services and/or membership at any time , at our sole discretion without cause and without notice. We are not required, and may be prohibited by law or otherwise from , disclosing the reason (s) for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including, but not limited to, Sections 7-9, 16-19, and 21-30. We reserve the right to take further action for our loss or the potential loss of other Members or third parties when necessary due to your breach of this Agreement, in our sole discretion.
5. NON-COMMERCIAL USE
The Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.
6. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for complying with any and all rules and restrictions governing the use of any public or shared computer, and we shall not be liable for any violations by you of such rules and restrictions. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted or otherwise protected or secured. We shall not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
7. YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS
- a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ABILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL DOCUMENTATION FOR ANY USERS OR MEMBERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS , AND YOU CONSENT TO SUCH SEARCHES AND OTHER SCREENINGS
- b. Use caution and common sense when using the Service, especially when providing personal information to other Users or Members. The Service is an internet information service that facilitates contact between persons who may or may not be seeking friendship or a relationship. Night Temptations makes no, and expressly disclaims all, representations or warranties as to the conduct of Users or Members. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users or other Members. You assume all risk associated with dealing with any and all Users, Members, or other third parties, including without limitation the risk that information about a certain User or Member posted on the Service or information provided by a User or Member in the course of interactions with other Users or Members via the Service may be false or misleading. You agree to resolve disputes directly with the other party. You release Night Temptations of all claims, demands, and damages in disputes among Users and Members of the Service or other third parties . You also agree not to involve us in such disputes.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Night Temptations OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING , WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND MEMBERS , PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN INTERACTING WITH ANY OTHER USER OR MEMBER IN CONNECTION WITH USING THE SERVICE, INCLUDING , BUT NOT LIMITED TO , ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER OR MEMBER OR SENDING MONEY TO ANY USER OR MEMBER . ALL USERS AND MEMBERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO SUE OR HOLD LIABLE THE RELEASED PARTIES FOR ANY INSTRUCTION, ADVICE , OR SERVICES THAT ORIGINATED THROUGH THE SERVICE , AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE , AND /OR THE INTERACTION(S) BETWEEN ANY USERS OR MEMBERS OF THE SERVICE, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE. IN ADDITION, YOU AGREE TO REVIEW Night Temptations " SAFETY TIPS PRIOR TO USING THE SERVICE WHICH ARE AVAILABLE AT Safety Tips. YOU UNDERSTAND THAT Night Temptations MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS OR MEMBERS AND WE DISCLAIM ALL LIABILITY ASSOCIATED WITH THE FOREGOING.
- c. We make no representations or warranties that you will experience specific results from the use of the Service.
- d. The Service may ask you to rate other Users' and/or Members’ photos or ask other Users and/or Members to rate your photo. The Service may also send you a notification of other Users and/or Members visiting your profile (via email or on the Website) if a User or Member rates your photo or visits your profile on the Service . You understand and agree that Night Temptations has no control over any User or Member’s rating of your photo, or of your rating of the photos of other Users or Members, and that Night Temptations shall not be liable for any damage or harm arising out of or relating to same;
- e. The Service may automatically translate your name or your city to other languages for other Users or Members located in foreign countries to view and/or to interact with you
- f. We may allow our Users to choose to send the same message (an "Icebreaker") to a number of other Members, who are selected by an automatic algorithm in order to allocate the attention and activity among Members of our Service. You may receive Icebreakers from the same Users more than once. Icebreakers may be sent through the same channels as ordinary messages, including as a chat message and as a letter.
- This may work as follows:
- (i ) the User drafts the text of an Icebreaker and chooses to send it via our mass-messaging service;
- (ii) the User does not select the recipients of the Icebreaker; and
- (iii) within a certain period thereafter (up to 24 hours), the Icebreaker is delivered to Users selected by the automatic algorithm.
- We reserve the right to monitor the content of Icebreakers (as well as of any other communication via our Service) and to remove them, or prevent them from being sent, with or without cause. However, we assume no obligation to do so.
- If you are unsure whether a certain message is an Icebreaker and wish to find out, please contact us.
For the purposes of provision of our Websites to you via the Website during the hours of low attendance, we may register ai profiles as Users so that you may continue using Website and chatting with other Users uninterruptedly when the number of active Users is decreasing
All ai profiles are marked by UP icon on profile picture or next to profile name.
Types of icons:
UP - unreal personality
ON - real personality online
OFF - real personality offline
Types of background color:
green - higher chance to get answered
red - lower chance to get answered
8. CONTENT ON OUR WEBSITE
- a. Proprietary Rights. Subject to your continued strict compliance with all Terms, Night Temptations provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable , non-transferrable license to use the Service. Notwithstanding the foregoing, you acknowledge and agree that Night Temptations owns, licenses, or otherwise retains all proprietary rights in the Service and all intellectual property thereon and therein . Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of Night Temptations and its licensors. The Service contains the copyrighted material, trademarks, and other proprietary information of Night Temptations and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- b. Reliance on Content, Advice, and Other Statements . Opinions, advice, statements, offers, or other information or content made available through the Service by any User, Member, or third party are not those of Night Temptations and should not be relied upon as accurate, complete, or reliable. Such Users, Members, or third parties are solely responsible for such content , including its accuracy, completeness, or reliability. Night Temptations does not: (i ) guarantee the accuracy, completeness, or reliability of any information on the Service provided by any User, Member, or third party , or (ii) adopt, endorse , or accept responsibility for the accuracy , completeness, or reliability of any opinion, advice, or statement made by any User, Member, or third party that appears on the Service . To the fullest extent permitted by law, under no circumstances will Night Temptations or its officers, directors, employees, or affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any User, Member, or third party.
9. CONTENT POSTED BY YOU ON THE WEBSITE
- a. You are solely responsible for the information, communications and content that you publish or display (hereinafter, "post") on the Service, or transmit to other Users or Members ("User Content"). You will not post on the Service, or transmit to other Users or Members , 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 not provide inaccurate, misleading or false information to Night Temptations or to any other User or Member . If information provided to Night Temptations , or another User or Member , subsequently becomes inaccurate, misleading , or false, you will promptly notify Night Temptations of such change and you will take all reasonably necessary measures to correct the information.
- b. You understand and agree that we reserve the right, but have no obligation, to have access to and monitor any and all User Content. We have the right , but have no obligation , to remove any User Content .
- d. You hereby release, discharge and agree to hold Night Temptations harmless from any causes of action in law or equity you may have or may hereafter acquire against Night Temptations or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by Night Temptations or its affiliates of your User Content.
- e. Night Temptations may remove any User Content for any reason. The following is a list of examples of User Content that is illegal or prohibited on the Service ; User Content that: (i ) is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred , or physical harm of any kind against any group or individual , harasses or advocates harassment of another person; (ii) promotes information that is false, misleading , or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (iv) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (v) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (vii) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the access and membership of such violators.
- f. You represent and warrant that your use of the Service, including but not limited to your User Content, must be in accordance with any and all applicable laws and regulations.
- g. You represent and warrant that you will not include in your Member profile any telephone numbers, street addresses, email addresses, other personal contact information, your last name or any URLs.
- h. You represent and warrant that you will not publish false or inaccurate information in your Member profile. You may not create duplicate profiles. Night Temptations reserves the right to terminate the membership and deactivate the profile of any Member violating this provision (without prejudice to the generality of other provisions of this Agreement).
- i . You represent and warrant that you will not engage in advertising to, or solicitation of, other Members or Users . This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members or Users . Although Night Temptations cannot monitor the conduct of its Members while not on the Service , it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member or User without their prior explicit consent. In order to protect our Members or Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member or User may send to other Members or Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
- j. To ensure the quality of the Services, your phone call or live chat through the Service may be recorded.
- k. You represent and warrant that: (i ) all information you include in your Member profile is accurate, current , and complete ; (ii) you will be honest in your communication and interactions with other members ; (iii) you will not conceal from those with whom you correspond any information regarding infectious or incurable diseases, physical or psychological handicap , disabilities , or disorders you may have or may believe that you have , or any other adverse elements that may be deemed by a reasonable person to be unsuitable for relationships.
- l. When using particular services on the Service, you shall be subject to any posted policies or procedural rules applicable to such Services, which may be posted and modified from time to time. All such policies or procedural rules are hereby incorporated into this Agreement.
10. PROHIBITED ACTIVITIES.
Night Temptations reserves the sole and exclusive right to investigate and terminate your membership if you have misused the Service, or acted in a way which could be regarded as inappropriate , unlawful , or illegal (without prejudice to the generality of other provisions of this Agreement). You represent and warrant that you will not act in any inappropriate, unlawful, or illegal manner with respect to , or while using, the Service , including, but not limited to the following representations and warranties:
- a. You shall not "stalk" or otherwise harass any person;
- b. You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents ;
- c. You shall not post, distribute , or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- d. You shall not remove any copyright, trademark , or other proprietary rights notices contained in the Service;
- e. You shall not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;
- f. You shall not post, email , or otherwise transmit any material that contains software viruses or any other computer code, files , or programs designed to interrupt, destroy , or limit the functionality of any computer software or hardware or telecommunications equipment ;
- g. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- h. You shall not make illegal and/or unauthorized uses of the Services, including , but not limited to, collecting usernames and/or email addresses of other Members or Users posted on the Service by any means for the purpose of sending unsolicited emails and /or unauthorized framing of , or linking to , the Service ;
- i . You shall not "frame" or "mirror" any part of the Service or the Website, without Night Temptations prior written authorization. You also shall not use meta-tags or code or other devices containing any reference to Night Temptations or the Service or the Website in order to direct any person to any other web site for any purpose ;
- j. You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile , or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so;
- k. You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, User accounts, or the technology and equipment supporting the Service ;
- l. You shall not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity ;
- m. You shall not disclose personal information about another person or harass, abuse, or post objectionable material ;
- n. You shall not post advertising or marketing links or content, except as specifically allowed by this Agreement ;
- o. You shall not use the Service in an unlawful or illegal way or commit an illegal act in relation to the Service including, without limitation, all laws associated with international money transfers ;
- p. You shall not access the Service from a jurisdiction where it is illegal or unauthorized;
- q. You shall not collect usernames and/or email addresses of Members or Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service ;
- r. You shall not create any databases, websites, software, legal entities , and/or services that compete with the Website ;
- s. You shall not access or use (or attempt to access or use) the Service in any way that violates this Agreement.
- We reserve the right to take appropriate legal action against you in the event that you breach any of the foregoing representations and warranties including, without limitation, seeking civil, criminal, and injunctive redress.
11. CUSTOMER SERVICE.
- a. Night Temptations provides assistance and guidance through its customer care representatives. We may, from time to time, create profiles which are created, maintained , and managed by our employees ("Staff Profiles"). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features , and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and , in the event that you opt to communicate or interact with a Staff Profile , you will be made aware of the nature of this Staff Profile.
- c. By providing your phone number, you consent to receive autodialed or prerecorded calls from us at the phone number that you have provided to us , including any mobile telephone number and/ or a number listed on any do-not-call list, to: (a) facilitate conversations between you and other Users and/or Members ; or (b) otherwise provide our Services or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase on the Service. Standard telephone minute charges may apply. We may, without further notice or warning , and in our sole discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights , and you expressly consent to such monitoring.
- d. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time not in compliance with the previous sentence, we reserve the right to immediately terminate your membership (without prejudice to the generality of other provisions of this Agreement).
12. PERSONAL MEETINGS
PLEASE USE CAUTION AT ALL TIMES WITH RESPECT TO YOUR ARRANGEMENTS FOR YOUR PERSONAL MEETINGS, AS THESE ARE ENTIRELY AT YOUR OWN RISK.
- a. We do not provide any other services in connection with your personal meeting, and do not take part in any arrangements relating to it. All such arrangements, including without limitation (and where applicable) any travel, entry clearance, relations with authorities, accommodation, and personal health and safety, are entirely your responsibility, and are not part of the Service. Please take care when making such arrangements as they may carry risks.
- b. Without limiting the generality of the other provisions of the Agreement, we make no representations or warranties regarding any Third Parties, and in particular we do not make any recommendations for you to purchase the services of any Third Parties.
- c. You understand that we do not undertake to: (i) carry out criminal or other background checks on any Third Parties; or (ii) to require our Suppliers to do so.
13. THIRD-PARTY LINKS AND WEBSITES
Night Temptations may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
You acknowledge and agree that Night Temptations provides access to such third-party links and access to third-party websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party links or websites.
Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
14. MODIFICATIONS TO SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, Night Temptations reserves the right , at any time in its sole discretion , to block Members from certain IP addresses from accessing the Website.
16 . COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- a. Overview and Repeat Infringer Policy. Night Temptations respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Service. Our intellectual property policy is to (i ) remove or disable access to material that we believe , in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on or through