Terms of Service/User Agreement/Disclaimer
This website and its component services (referred to herein as “Site” or “Service”) are presented to you on the terms and conditions set forth below by funforthenighttrans.com. By accessing or using this Service, you (“You”) agree to each and every term and condition stated below, and as may be revised from time to time. By accessing or using this Site or Service, you hereby state and affirm that You have read, understood in full, and agree with all of the following terms of service (“Agreement” or “TOS”):
1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
You must be of legal age to enter into any binding agreements as this is, meaning you must be at least 18 years of age or 21 years of age in some jurisdictions. This Site may contain images, language and sounds that are sexually erotic in nature. By accessing or using this Service, You represent and warrant that you are not offended by images of nudity, sexually charged language, and that “You” choose to be exposed to same herein. If “You” have a person under the age of majority in your household or who might otherwise gain access to this Site via your computer, the Company strongly encourages you to install filtering software to prevent access to this Site by a minor or a person who may be offended by its content. You represent and warrant that you will not allow a minor access to this Site. In accordance with 47 U.S.C. §230(d), “You” are hereby informed that “You” may research online safety filters at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. We do not make any warranty or representation regarding these products so We highly recommend “You” conduct responsible due diligence before installing or purchasing any online filter. Further, We cannot and will not provide technical support for these products.
By using the Service, “You” expressly authorize the Company to communicate with “You” via electronic messaging, to the email address “You” have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.
2. LIMITATION OF SERVICE
“You” agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service cannot be used by businesses or organizations. In no event can “You” use the Service to send spam to members, or to send marketing materials, or use the Service to sell products or services.
3. FOR AMUSEMENT PURPOSES ONLY
The Service offered is for “Your” personal, non-commercial use. “You” comprehend, acknowledge, and accept that our Service, presented in the style of an online dating service, is an entertainment service. All content is provided for the entertainment and amusement of “You”. Our Site does not guarantee that “You” will find a date, partner, or participant, or that “You” will meet any member, user or profile in person.
4. POSTED CONTENT / LIMITS & RESTRICTIONS
The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by U.S. federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this Agreement is intended to waive or remove any such immunities and privileges. “You” are solely responsible for any content “You” post or upload or transmit on the Site or through the Service, and “You” represent and warrant that “You” have all legal rights necessary to do so, including but not limited to rights under copyright.
5. INDEMNITY
“You” agree to indemnify and hold the Company, and its affiliates, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys’ fees, made by any third party due to or arising out of images, language or content “You” submit, post to, text or transmit through the Service, “Your” use of the Service, “Your” connection to the Service, “Your” violation of the TOS, or “Your” violation of any rights of another person or entity. “You” further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content “You” submit, post to or transmit through the Service, “Your” use of the Service, “Your” connection to the Service, “Your” violation of the TOS, or “Your” violation of any rights of another, “You” will reimburse the Company for its reasonable attorneys’ fees and costs incurred in the defense of such action or claim.
6. MODIFICATIONS TO SERVICE
“You” agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). “You” agree that the Company shall not be liable to “You” or to any third party for any modification, suspension or discontinuance of the Service.
7. TERMINATION
Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, “You” acknowledge and agree that the Company, in its sole discretion, may at any time terminate “Your” profile, “Your” access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that “You” have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. “You” agree that any termination of “Your” access to the Service under any provision of these Terms Of Service may be effected without “Your” prior notice, and “You” acknowledge and agree that the Company may immediately deactivate or delete “Your” account (or any part thereof) and all related information and files in “Your” account and/or prohibit any further access to such files or the Service. Further, “You” agree that the Company shall not be liable to “You” or any third party for any termination of “Your” access to, or removal of “Your” information from, the Service.
8. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. The Company is not responsible for the availability of any external sites or resources. The Company has no control over such sites and resources, “You” acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. “You” further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.