Terms of Service
WC NIGHTS TERMS AND CONDITIONS
Welcome to WC Nights. You must read and agree to these Terms and Conditions (this “Agreement”) before you may access or view our site. Please read them carefully. By using the wcnights.com web site (“Site”), you agree to be bound by these Terms and Conditions, whether or not you register as a paying member (“Member”). This agreement is subject to change at any time and changes are effective upon posting them to this web site.
You must be 21 or over to register as a member of or use this Site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 21-years old, and that you are not prohibited by law from using the Site.
By using and/or viewing this Site you represent and warrant the following:
A) That you are an adult, at least 21-years of age.
B) That you will not permit any person(s) under 21-years of age to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so because you want to view, read and/or hear the various materials which are available for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
E) That you represent and warrant that you have not and will not use and/or view the Site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
F) You warrant that, if you are a police officer, government investigator or agent of any kind, you are registering as a Member, using the Site, and are present at any Wcnights.com event only in your private, individual capacity. You warrant that if the foregoing statement should prove to be false, you are investigating any of the Members or management of the Site without disclosing your official capacity or purpose, and that your presence at any Wcnights.com event, is an entry into private premises without consent, in violation of the 4th Amendment to the U.S. Constitution; you further warrant that you are attending at the direction of your employers and are acting within the scope of your employment. You stipulate that an appropriate amount of liquidated damages for the illegal taking of evidence or invasion of privacy which embarrasses the Member or which results in legal process, civil or criminal, against any of the Members is $100,000 per intrusion, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement, and other injuries, the amount of which is uncertain. This amount shall be awarded to each Member or management against whom the investigation is targeted or against whom civil or criminal process is brought, including execution of a search warrant. A final award under this subparagraph shall not prevent a subsequent proceeding if charges are thereafter filed against a Member, but the first award shall be an offset against the later award.
G) You represent that, if you are a member of the press (including television & radio), you are registering as a Member, using the Site, and are present at any Wcnights.com event only in your private, individual capacity. You warrant that, if the foregoing statement proves to be false, you are here at the direction of your employers and are acting within the scope of your employment; that you are violating the rights of the Members to privacy under common law and the U.S. Constitution, and that an appropriate amount of liquidated damages for any published report made which portrays or describes the activities of any Member is ten dollars ($10) times the number of readers or viewers of any medium which publishes the report, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement, and other injuries, the amount of which is uncertain. This amount shall be awarded to each Member named in the report or described in such a way as to permit identification of the Member by application of the description to publicly available information.
Member Account and Password
If you choose to register for an account with WC Nights, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify WC Nights of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. WC Nights (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Reservation of Rights
WC Nights reserves the right to delete any Content, profiles or messages that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of WC Nights and/or its Members. By posting Content to any public area the Site, you automatically grant, and you represent and warrant that you have the right to grant, to WC Nights, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
You are solely responsible for the content that you publish or display on the Site, or transmit to other Members. Illegal or prohibited Content will not be tolerated. WC Nights will investigate and take appropriate action against anyone who violates this provision. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 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 music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 21 in a sexual or violent manner, or solicits personal information from anyone under 21; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without WC Nights’ prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. While the management does not and cannot review every message posted by Members in the Forum, Chat room or in the profiles and is not responsible for any content of these messages, the management reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law) or this Agreement, or are abusive, defamatory, obscene, or otherwise unacceptable.
Manner of Use
You must use the Site in a manner consistent with any and all applicable laws and regulations and shall not upload, distribute, or otherwise publish through the Site, any Content which is libelous, defamatory, obscene, profane, abusive, or otherwise violates any law. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site’s web pages or the content contained herein without WC Nights’ prior express written consent. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service except with WC Nights’ prior express written consent. You must be respectful of other individuals using the Forum. Members must not use vulgar, abusive, or hateful language. The Forum within the Site is provided to give the Members an interesting and stimulating forum in which they may express their opinions and share their ideas. Neither the Site nor WC Nights or the management endorses the opinions placed in the Forum. Any submissions may be edited, removed, modified, published, transmitted and/or displayed. In addition, you warrant that all moral rights in any upload materials have been waived.
You may not copy and paste into the Forum or Chat room any email(s) sent to you, whether it be outside email(s) or email(s) sent within the Site, without first obtaining the expressed or written approval from the party who originally sent such email(s).
The Site welcomes input from its Members. However, by submitting an idea, suggestion, or recommendation, you waive all right to the idea as intellectual property, and consent to WC Nights utilizing that idea, suggestion, or recommendation without attribution or compensation.
WC Nights does not control the information provided by other Members that are made available through the Site. You may find other Members’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Site. You are solely responsible for your interactions with other Members. Because it is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the Site, you release WC Nights, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." WC Nights reserves the right, but has no obligation, to monitor disputes between you and other member.
You represent and warrant that if you are purchasing something from WC Nights that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Termination of Usage
This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by written or email notice of termination. WC Nights reserves the right to terminate your membership or access to this site for any reason or no reason. WC Nights may terminate your membership upon sending notice to you at the email address you provided in your account registration or such other email address as you may later provide to us or via any other method at our sole discretion. If WC Nights terminates your membership because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect.
Third Party Content
The Site may include links to other web sites or contain content from third parties. WC Nights provides such links and content solely as a convenience to you and for informational purposes only. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by WC Nights. WC Nights is not responsible for the content, accuracy or opinions expressed within third-party web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by WC Nights. If you decide to leave our Site and access these third-party web sites, you do so at your own risk.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and WC Nights owns a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not download or copy the Content. Copying or storing of any Content is expressly prohibited without the prior written permission from WC Nights or the copyright holder identified in the individual Content’s proprietary notices including copyright notice.
WC Nights, wcnights.com, the bi-colored logo, all images and text are registered, pending or unregistered service marks, trademarks and/or trade dress of WC Nights. All other trademarks, product names, company names, or logos cited herein are the property of their respective owners.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
YOUR USE OF THE SITE, PRODUCTS AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, WC NIGHTS, OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS OF INFORMATION AND DOCUMENTS, ATTORNEYS, ADVERTISERS, PRODUCT AND SERVICE PROVIDERS, AND AFFILIATES (COLLECTIVELY “AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, WC NIGHTS MAKES NO WARRANTY THAT (i) THE SITE, PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, PRODUCTS AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WC NIGHTS OR THROUGH OR FROM THE SITE, PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL WC NIGHTS, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY WC NIGHTS OR ANY THIRD PARTY PROVIDERS OF PRODUCTS AND/OR SERVICES RELATED TO THIS SITE.
You agree to indemnify, defend and hold harmless WC Nights and its Affiliated Parties from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with Your access to or use of the Site, the Materials and the Products and Services.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents or access secured portions of the Site is not transferable or assignable.
Any disputes arising out of or related to the Site, these Terms or any transaction with WC Nights shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota within the United States of America. WC Nights makes no representation that the Terms comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Modification of Terms
WC Nights reserves the right to update or modify these terms and conditions at any time without notice. Your continued use of the Site will constitute your acceptance of any such amendment, modification or supplement to the Terms. For this reason we recommend you review these Terms whenever you use the Site.
By your use of the Site and your purchase of products and services on the Site, you acknowledge that you have read these Terms and agree to be bound by them.
Last Updated: May 3, 2010