This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding contract between NiteNDay8.com (the “Company,” “us,” “we,” and “our”) and You, concerning Your use of NiteNDay8.com and all related Internet services We provide in connection therewith (the “Site”). Your use of the Site affirms Your consent to the terms of this Agreement. You should therefore take the time to read and understand this entire document. We encourage You to print out a copy and refer to it as You use the site.
As used in this Agreement: “Content” means, by way of example, text, videos, links, audio and video streams, downloads, software, scripts, and the like that are related to the Site, and all other information and materials You encounter, post (actively or passively) or generate through Your use of the Site; and “Legal Age” means 18 years old or such older minimum age as may be required by applicable law.
These Terms and Conditions apply to all users of the Site, including users who do not post (or cause to be posted) any material on the Site but rather simply view the Site.
By viewing, uploading and/or downloading information to NiteNDay8.com, you hereby agree to be bound by the terms of this Copyright Policy. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, YOU MUST NOT DOWNLOAD, UPLOAD OR VIEW ANY MATERIALS ON THIS WEBSITE.
NiteNDay8.com reserves the right to modify this Copyright Policy at any time. You should refer back to this document from time-to-time to ensure that you are aware of any changes made to this policy.
- OWNERSHIP OF MATERIALS. You understand and agree that NiteNDay8.com (the “Website”) does not own any of the text, graphics, images, sounds or works of authorship that are uploaded or posted to, or located at or through, the Website (collectively, “Uploaded Materials”). The user who provides the Uploaded Materials to the Website shall continue to hold all right, title and interest in and to such materials. You shall not post any materials that state, implicitly or explicitly, that the Website requires or maintains any ownership interest in any Uploaded Materials.
- LICENSE. By providing Uploaded Materials to the Website, you hereby grant to the Website a limited, non-exclusive, perpetual, royalty-free, worldwide license to use, copy, reproduce, display, edit, and distribute the Uploaded Materials at or through the Website. You represent and warrant that:
- you are the owner or authorized licensor of the Uploaded Materials,
- you have the authority to grant the license described in this paragraph
- the Uploaded Materials do not infringe the privacy or intellectual property rights of any third party, and
- You will not upload, and will immediately remove, any Uploaded Materials provided by You which violate any law of any jurisdiction in which such materials may be viewed.
- REMOVAL OF UPLOADED MATERIALS. You understand and agree that the Website provides a conduit through which users can provide Uploaded Materials to the Website. The Website reserves the right to remove any Uploaded Materials that the Website, in its sole discretion, deems improper, offensive, illegal or which violate or may violate any laws of any jurisdiction in which such materials may be viewed. Removal of Uploaded Materials may take place without prior notice.
- YOUR OBLIGATIONS; REPRESENTATIONS. In addition to the representations and warranties You provide elsewhere in this Agreement, you further represent and warrant:
- You are above the age of eighteen;
- You understand that any Uploaded Materials provided by You may be viewed by other visitors of the Website worldwide;
- You provide Uploaded Materials at Your own risk;
- You have acquired the permission of any person appearing in any of Your Uploaded Materials to upload such person�s image(s) and appearances to the Website;
- You are responsible for the content of any Uploaded Materials You provide to the Website;
- You will hold the Website harmless, and indemnify the Website and its owners, from and against any and all claims, fees, penalties, payments, and expenses that the Website incurs as a result of your provision of Uploaded Materials to the Website; and,
- You possess and maintain proof, and will provide such proof to the Website upon request, that you are the owner or authorized licensor of any Uploaded Materials that You provide to the Website.
- RESTRICTIONS. You are prohibited from uploading materials to the Website that are obscene, illegal, prohibited by law, or which promote bigotry, hate or racism, or which solicit or encourage any person to commit any criminal act. You understand and agree that the Website has the right, but not the obligation, to investigate any and all postings made to the Website by, among other things, providing your user information and relevant IP addresses to law enforcement.
- COPYRIGHT; DMCA NOTIFICATION.
The Website honors the intellectual property rights of copyright holders. To file a notification of copyright infringement with us, you will need to send a written communication to firstname.lastname@example.org 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 Website or its designated representatives to locate the material;
- Information reasonably sufficient to permit the Website or its designated representatives 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.
The notification described above should be sent to our designated agent as follows:
Attention: DMCA Notification
Any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability.
If you desire to send us a counter-notice, to be effective it must be in writing and provided to our designated agent, and include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and,
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber is located or, if the subscriber’s address is outside of the United States, for any judicial district in which the Website may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.