1. Acceptance of Terms
Savemynight provides a collection of online resources including but not limited to calendar of events, listings, data input tools for self-promotion of artists and performers, search, browse and comment features, (collectively referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”).
By using the Service in any way, you agree to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of Savemynight.
Savemynight has the right, but not the obligation, to strictly enforce the TOU.
2. Modifications
Savemynight reserves the right to change, modify or otherwise alter the TOU at any time. Such modifications shall become effective immediately upon the posting thereof. Most recent version of the TOU can be found at:
http://www.savemynight.com/terms.php
3. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Savemynight does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Savemynight site and Content available through the Service may contain links to other websites, which are completely independent of Savemynight. Savemynight makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Savemynight be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Savemynight does not pre-screen or approve Content, but that Savemynight shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. Third party content, sites and services
Savemynight site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Savemynight, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
You acknowledge and agree that your correspondence, interaction or dealings with any third parties, including any merchants or advertisers, found on, or through, the Service, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Savemynight assumes no responsibility whatsoever for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Savemynight is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Savemynight, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
5. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Savemynight. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Savemynight, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Savemynight does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Savemynight an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Savemynight all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
6. Notice and Procedure for Making Claims of Intellectual Property Infringement.
Savemynight responds, processes, investigates and takes action against claims of intellectual property infringement in its sole discretion, as it deems appropriate. Notifications of claimed copyright infringement should be sent to info@savemynight.com.
To be effective, the notification of infringement must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Privacy
Savemynight has a Privacy Policy that explains to users how their information is collected and used, which can be accessed at the following web address:
http://www.savemynight.com/privacy.php
Your use of the Savemynight website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Savemynight may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any content violates the rights of third-parties; respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Savemynight, its users or the general public.
8. Rules of Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, hateful, abusive, harassing, defamatory, libelous, pornographic, invasive of another's privacy, or is harmful to minors in any way;
b) that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
c) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
f) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Savemynight sites which are not designated for such purposes;
g) that includes links to commercial services or web sites, except as allowed in "services";
h) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
i) 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;
j) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You also agree not to:
k) collect personal data about other users for commercial or unlawful purposes;
l) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Savemynight’s infrastructure;
m) attempt to gain unauthorized access to Savemynight's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Savemynight website; or
n) use any form of automated device or computer program that enables the submission of postings on Savemynight without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
o) use any form of automated device or computer program that enables the use of Savemynight’s "report abuse system" or other community moderation systems without each report being manually entered by the person that initiates the report, or use the report abuse tool to remove posts of competitors, or to remove posts without a good faith belief that the post being reported violates the TOU.
p) create or submit unwanted email to any Savemynight users ("SPAM").
9. Access, Limitation and Termination of the Service
Savemynight grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. You acknowledge that Savemynight may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Savemynight has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Savemynight reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Savemynight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Savemynight, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Savemynight believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Savemynight shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SAVEMYNIGHT SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SAVEMYNIGHT SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SAVEMYNIGHT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SAVEMYNIGHT SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SAVEMYNIGHT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SAVEMYNIGHT SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SAVEMYNIGHT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SAVEMYNIGHT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SAVEMYNIGHT SITE OR THE SERVICE.
11. Liability
UNDER NO CIRCUMSTANCES SHALL SAVEMYNIGHT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SAVEMYNIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SAVEMYNIGHT SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SAVEMYNIGHT SITE OR THE SERVICE, FROM INABILITY TO USE THE SAVEMYNIGHT SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SAVEMYNIGHT SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SAVEMYNIGHT SITE OR THE SERVICE OR ANY LINKS ON THE SAVEMYNIGHT SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SAVEMYNIGHT SITE OR THE SERVICE OR ANY LINKS ON THE SAVEMYNIGHT SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Indemnity
You agree to indemnify and hold Savemynight, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. Miscellaneous
The TOU constitute the entire agreement between Savemynight and you and supersede any prior agreements between you and Savemynight. The failure of Savemynight to insist upon or enforce strict performance of any right or provision of the TOU shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The TOU shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. The parties have required that the TOU and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
14. Violation of Terms
Please report any violations of the TOU, by reporting the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.