Terms of service

Thank you for visiting Nightfeed.com, a production of Nightfeed LLC ("we", "us", "site", "our site", "website", "websites", or "our website"). The terms and conditions listed below (the "Agreement") are intended to make you aware of your legal rights and responsibilities with respect to your use of our website.

We want to ensure that your experience using the website is enjoyable; that your legal rights are respected by other users of the website; and that in turn you respect our legal rights and those of other users.

These provisions affect your legal rights and remedies, so please read them carefully.

Your use of the website shall indicate your consent to be legally bound by, and comply with, all of the following terms and conditions. By using the website, you represent and warrant that you have full right, power, and authority to execute, deliver, and fully perform your duties under this Agreement.

The headings used throughout this Agreement are meant to be illustrative of the subjects discussed under each heading and may not cover every topic identified in the heading. As a result, please read the Agreement in its entirety.

1. Use of Properties

You agree to use the website only in compliance with this Agreement and applicable law, and in a manner that does not violate our legal rights or those of any third party. Please report any legal violations via the contact form on the Nightfeed website at http://www.nightfeed.com/contact.

Without limiting the generality of the foregoing, you specifically agree not to do the following in connection with the website:

—impersonate any person or entity, including without limitation a message board monitor, chat room host, or another user;

—falsely state or misrepresent your affiliation with another person or entity;

—engage in any form of ratings fraud, including but not limited to the creation of multiple accounts in order to place multiple votes for a single restaurant and/or post multiple reviews or comments for a single restaurant by posing as a different user;

—forge email addresses or otherwise manipulate identifiers in order to disguise the origin of any websites content;

—access or use the account of another user without permission;

—distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other messages for any purpose;

—distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

—interfere with, disrupt, or destroy the functionality or use of any features of the website by another user;

—interfere with, disrupt, or destroy the servers or networks connected to the website, or disobey any rules or regulations applicable to such servers or networks;

—"hack" or access without permission our proprietary or confidential records, those of another user, or those of anyone else;

—receive, collect, or store personal information of or concerning other users, such as names, birthdates, or email addresses;

—violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of an employment, consulting, or nondisclosure agreement);

—violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities laws);

—infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;

—provide or deliver any messages that are unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, invasive of privacy, infringing on the rights of others, hateful, or otherwise objectionable;

—"stalk" or harass other users or persons; and/or

—harm minors in any way.

We may, at any time in our sole discretion, (i) suspend or terminate your access to and use of the website or any of their features in response to a breach of this Agreement, or for any other reason; (ii) move, edit, delete, or destroy any materials that you provide or deliver to the website; (iii) access, preserve, or disclose any materials that you provide or deliver to the website; or (iv) take any other remedial action available at law in response to a breach of this Agreement.

2. Copyrights

We and other parties are the exclusive copyright owners of the website and all works of authorship contained in the website, including without limitation source code and content. You may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit such materials without the prior written permission of authorized representatives of their copyright owners, unless allowed by applicable law. To request such permission, please contact us via our contact form on the Nightfeed website at http://www.nightfeed.com/contact.

Any authorized use or exploitation of the website's materials must prominently display the proper copyright notice in the following format: "Copyright © 2010 Nightfeed LLC. All rights reserved."

3. Trademarks

We and other parties are the exclusive owners of the names, logos, trademarks, service marks, and trade dress displayed in the website (collectively, "Trademarks"). Nothing in this Agreement grants you any rights or license to the Trademarks. Unauthorized use is prohibited.

4. Infringement

You may report a possible infringement of copyrights, trademarks, or other intellectual property by sending an email to the following address: contact@nightfeed.com

You may also use our contact form found here: http://www.nightfeed.com/contact.

In compliance with the federal law of the United States, please include the following in your letter or email: (i) identification of infringing and infringed materials; (ii) contact information of infringing person; (iii) statement of your good faith belief in the existence of the infringement; (iv) statement indicating the accuracy of the complaint and your authority to submit it; and (v) your physical or electronic signature.

For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. ยง 512.

5. Submissions

This section applies to the submission of messages, emails, photos, ideas, suggestions, creative material, and information other than personally identifiable information such as names, birthdates, and email addresses (collectively, "Content"). See our Privacy Policy for provisions applicable to personally identifiable information. The Privacy Policy is hereby incorporated into this Agreement.

If you submit any Content, we will immediately assume exclusive ownership of the Content and not treat it as your confidential or proprietary property.

Further, any Content that you submit shall be deemed a "work made for hire" under the copyright law of the United States and other countries. If such provision is not sufficient to vest exclusive ownership with us, then you hereby agree to transfer all of your ownership rights in the Content to us immediately upon submission. Such transfer shall be irrevocable, without compensation, and applicable throughout the universe and for perpetuity.

We may, in our sole discretion, elect to use or not use the Content in any product, manner, or medium (whether existing now or in the future), without attribution or payment to you. We are not obligated to return any Content to you under any circumstances.

After submitting the Content to us, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content without the prior written permission of our authorized representative. For permission, please contact us via our contact form on the Nightfeed website at http://www.nightfeed.com/contact.

If you submit any Content to us, you represent and warrant that (i) you are the sole author of the Content, and the Content is not copied from or based on, in whole or in part, any other work, except for work in the "public domain" or which we provide; (ii) our use of the Content will not violate or infringe any right of you or any third party; and (iii) no pending or threatened claim or legal proceeding exists with respect to the Content.

You hereby authorize us to publish, or authorize others to publish, your name, likeness, voice, and biographical material to the extent that you provide them to us. This authorization is unrestricted, royalty-free, irrevocable, perpetual, universal, and transferable, and applies to any product, manner, or medium (whether existing now or in the future).

6. Privacy and Security

Please click here to review our Privacy Policy.

We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business.

However, we do not guarantee the security of the website, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.

7. Disclaimer of Warranties

YOU BEAR THE ENTIRE RISK OF USING THE WEBSITE AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON THE WEBSITE. THE WEBSITE AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE WEBSITE. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY.

8. No Professional Advice

The information in the website is provided for general informational purposes only and should not be considered as professional advice or opinions of any kind. Any information regarding economic, business, or financial matters is not intended to, and shall not, constitute investment recommendations or advice. We do not provide investment advisory services to the general public and the website is not intended to solicit investment advisory clients. The website's content is not intended for trading or investing purposes. We are not responsible or liable for any trading or investment decisions made based on any information contained in the website.

For professional advice or opinions regarding legal, financial, investment, lifestyle, or other matters, you should contact a professional firm or advisor that specializes in the applicable area.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE WEBSITE, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE WEBSITE.

In the event of a dispute with us, you may contact the U.S. Federal Trade Commission.

10. No Liability for Third Parties

We may arrange for unaffiliated third parties to provide services such as programming computer code, writing online content, managing and hosting the website, preparing and providing advertisements, processing purchase orders, and assisting website users. In addition, users other than you may submit emails or messages to the website.

We do not control any such third parties and disclaim any obligation, risk, or liability with regard to their products, services, advertisements, and content appearing in the website. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties. Unless expressly indicated otherwise in the website, we do not endorse, approve, or sponsor any products, services, advertisements, or content of third parties.

The website may contain links to websites or other properties of unaffiliated third parties (each a "Third Party Property".). We have no control over the content of such Third Party Properties and disclaim any obligation, risk, or liability with regard to such Third Party Properties. We do not endorse, approve, or sponsor such Third Party Properties or their sponsors.

11. Miscellaneous

A. Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) your use of this the website, or products or services included or advertised in the website; or (ii) your breach of this Agreement.

B. Interpretation

The section and subject headings in this Agreement are included for reference only and shall not be used to interpret any provisions of this Agreement. This Agreement shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Agreement.

C. Dispute Resolution

Any controversy or claim relating to this Agreement or the website shall be (i) submitted to the judicial courts located in Travis County in the state of Texas; and (ii) governed exclusively by the laws of the state of Texas and the United States. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL AND PARTICIPATION IN ANY CLASS ACTION AGAINST US.

D. Severability

If any provision of this Agreement is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.

E. Complete Agreement

This Agreement constitutes the complete agreement between us and you regarding the website. We may, from time to time in our sole discretion, modify, amend, suspend, or terminate the website or this Agreement. Any modifications, amendments to, or waivers of the Agreement shall be valid only if made in writing. Your use of the Properties following the effective date of any changes to the website or Agreement shall constitute your acceptance of the changes. We may, at any time in our sole discretion assign this Agreement to another person, and any such assignment shall release us from any further liability under the Agreement.