TERMS AND CONDITIONS
MidnightSociety.com Terms of Service
Last Modified on Nov 8 2020
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
YOUR USE OF THE APPS, AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THESE TERMS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS, INCLUDING ANY MODIFICATIONS THAT MidnightSociety.com MAKES FROM TIME TO TIME.
Personal Use. If you have a valid active Account, MidnightSociety.com may allow you to create a public profile and participate in Apps and other social media channels integrated with Apps. You may post comments, invite friends to the Apps, share information/videos/gameplay on the Apps, and otherwise communicate through the Apps. You understand that much of the information included in the Apps is from other users who are not employed by or under the control of MidnightSociety.com. You further acknowledge that a large volume of information is available in the Apps and that people participating in such Apps may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or unlawful. MidnightSociety.com neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other information made or displayed through the Apps by you or the other users. The opinions expressed through the Apps reflect solely the opinions of you and/or the other users and may not reflect the opinions of MidnightSociety.com. MidnightSociety.com is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Apps. Under no circumstances will MidnightSociety.com be liable for any loss or damage caused by your reliance on the information in the Apps or your use of the Apps. You should be aware that, when you disclose information about yourself through the Apps, the information is being made publicly available and may be collected and used by other users. When you disclose any information in the Apps, you do so at your own risk. MidnightSociety.com reserves the right to, but has no obligation to, monitor the Apps, or any postings or other materials that you or other users transmit or post through the Apps, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Apps properly or to comply with legal obligations or governmental requests.
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Termination of Service. The Service is owned and maintained by MidnightSociety.com, and MidnightSociety.com reserves the right to deny service to any user at MidnightSociety.com’s sole and absolute discretion. The Service is offered with the understanding that MidnightSociety.com may terminate any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of the Terms. MidnightSociety.com may stop offering and/or supporting the Service or change the Service at any time.
Accounts and Security
Third Party Accounts. If you are a registered user of certain third party social networking accounts as specified on the Apps, such as Twitch, Youtube, Discord, Twitter, Steam, etc. ("Third Party Accounts"), you may use your Third Party Account information by logging into your Third Party Accounts through the Apps to do some or all of the following: (i) log into your Account on the Apps; (ii) enable you to automatically fill in certain information in your Account profile; (iii) find your friends from your Third Party Accounts on the Service; and/or (iv) perform other actions as permitted by the Service and your Third Party Accounts from time to time. Your Third Party Accounts are subject to separate terms and conditions provided by the Third Party Account providers. You hereby acknowledge that the Third Party Account providers are not responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by the Third Party Account providers. Further, you acknowledge that MidnightSociety.com is not responsible for and does not guarantee continued functionality between the Apps and your Third Party Accounts, and is not responsible for any effect your use of the Apps has on your Third Party Accounts.
Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the Account username and password. You agree to notify MidnightSociety.com immediately if you believe that an Account username and/or password have been compromised.
Account Sharing or Transfers. You may not share, transfer or sell any Account, except that you may permit your minor child to use an Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your username and password to anyone other than a minor child as set forth herein. Notwithstanding anything contained herein, under no circumstances shall you provide access to the Apps a child under the age of 13 or allow a child under the age of 13 to use your Account. Restrictions and Conditions of Use.
Use of Apps and Service. MidnightSociety.com permits you to use Service for your personal, non-commercial use unless explicitly granted permissions during specific sections of the site. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Apps and/or Service.
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Service and other related activity by mobile notifications, SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
Payment and Fees.
Some of the services might require user to pay. Users agree to pay all charges for using those Services as set forth on website.
To process payments relating to Services, Midnight Society integrates with several payment providers that handles secure payments and is subject to their User Terms of Service.
By providing a credit card or any other payment information at any point, you agree to have full authority over such payment method and you authorize Stripe to charge such credit card or payment method.
No Violation of Laws. You agree that you will not, in connection with your use of the Apps or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Apps and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Apps and/or Service. You may not connect to or use the Apps and/or Service in any way not expressly permitted by this Terms. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Apps and/or Service or otherwise attempt to disrupt the Apps and/or Service or any other person's use of the Apps and/or Service; or (ii) attempt to gain unauthorized access to the Apps, Service, Apps, Accounts registered to other users, or the computer systems or networks connected to the Apps and/or Service. Furthermore, you may not use the Apps or Service to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Apps and/or Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; or (f) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
No Commercial Uses. You agree that you will not use the Apps and/or Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Apps and/or the Service. Notwithstanding the foregoing, if you are a Publisher, you may use the Service to promote the Games listed through the Apps and Service.
No Misuse of Third Party Software. You agree that you will not create, distribute or use any third party software provided through the Apps, the Service or otherwise, in a manner designed to change, interfere with, misuse, abuse, unlawfully access, or otherwise manipulate the Service and/or Apps. The use of the Games in conjunction with the Service is permitted so long as you abide by the terms of the license that governs your use of those Games.
Content. "Content" means any videos, images, sounds, and all the material and information that you upload or transmit through the Apps, Service and/or to your Account, or that other users upload or transmit, including without limitation any messages and/or chat text. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, royalty-free, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Apps, Service and/or your Account any Content that is subject to any third-party rights.
Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, we may or our representatives may monitor and/or record your communications (including without limitation status updates, postings, messages and/or chat text), and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Apps and/or Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation private messages and chat text) for any reason, including without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Terms or any other agreement; (iii) to protect our legal rights and remedies; (iv) where we feel someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior.
Limits and Retention. MidnightSociety.com may limit the amount and/or type of Content that you upload to the Apps, Service and/or your Account at our sole discretion. MidnightSociety.com may change such limitations at any time and may post such limitations on the Apps from time to time. MidnightSociety.com may retain or delete such Content at any time at our sole discretion. You shall not rely on MidnightSociety.com to retain such Content through your Account and agree to back up such Content on separate systems if you would like to retain a copy of such Content. MidnightSociety.com shall have no obligation to provide the Content to you upon your request or otherwise.
Prohibited Content. You agree that you shall not upload, display or transmit any Content (including but not limited to links to any of the following Content, from any source, as it appears on third party Appss or services) through the Apps, Service and/or your Account that: (i) is unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, personally identifiable information of another user, abusive, inflammatory, fraudulent, deceptive, misleading or is otherwise objectionable; (ii) conveys expressions of bigotry, prejudice, racism, hatred or profanity; (iii) constitutes, assists or encourages a criminal offense, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law; (iv) infringes or encourages the infringement of any patents, trademarks, trade secrets, copyrights or other intellectual or proprietary right of any party; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, farming bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, expropriate any system, data or personal information or otherwise interfere with normal user experience; (vi) misrepresents its source or origin; (vii) installs any computer software or program or code without prior end-user consent or in a manner that is in violation of any applicable law or regulation; (viii) triggers a pop-up, pop-under, dialogue box, or initiates a downloadable application; or (ix) is for or associated with online gambling, online pharmacies, medicinal marijuana, pornographic products or services, alcohol, guns, or tobacco (collectively, the "Prohibited Content").
Ownership. As between you and MidnightSociety.com and/or its licensors, MidnightSociety.com and/or its licensors own the Apps, Service, and all virtual assets made available in the Apps, and Service, including, without limitation, all Accounts and other assets and data generated by the Service, including without limitation, the Game Data (but excluding the Games and Rewards owned by the Publishers) (collectively, “Assets”). MidnightSociety.com and its licensors reserve the exclusive right to create derivative works based on the Apps, the Service, and/or Assets. You agree that you will not create any work of authorship or create any derivative works based on the Apps, Service, and/or Assets except as expressly permitted by MidnightSociety.com. Any reproduction or redistribution of the Apps, or the Assets, or use of the Service not in accordance with the Terms is expressly prohibited by law, and may result in severe civil and criminal penalties.
Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that content posted on the Apps by a MidnightSociety.com user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Apps containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached by email at contact@MidnightSociety.com. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Trademarks. Midnight Society and the MidnightSociety.com logo are trademarks/service marks of MidnightSociety.com. Unauthorized use of any MidnightSociety.com trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyright. The Apps and the Service are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Apps and the Service, or individual sections of the content, design or layout of the Apps without our express prior written permission.
The Apps and the Service are operated by MidnightSociety.com in the United States. Those who choose to access the Apps, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Apps and the Service are not directed toward children under 13 years of age nor does MidnightSociety.com knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to BooCm.tv.
DISCLAIMER OF WARRANTIES
THE APPS AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MIDNIGHTSOCIETY.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE APPS AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE APPS, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE APPS, INCLUDING THE ASSETS, IS AT YOUR SOLE RISK. MIDNIGHTSOCIETY.COM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPS AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE APPS OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPS OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDNIGHTSOCIETY.COM, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APPS AND/OR SERVICE, EVEN IF MIDNIGHTSOCIETY.COM AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MIDNIGHTSOCIETY.COM OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE, OR 0, WHICHEVER IS GREATER.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of MidnightSociety.com and its affiliates shall be limited to the fullest extent permitted by law.
Indemnification. You agree to indemnify, defend and hold MidnightSociety.com and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Apps, Service, or any breach by you of this Terms or any other policies that MidnightSociety.com may issue for the Apps and/or Service from time to time.
Governing Law; Jurisdiction. This Terms shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Apps and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and you agree to submit to the personal jurisdiction and venue of such courts.
Arbitration Procedures. You and MidnightSociety.com agree that, except as provided in Section below, all disputes, controversies and claims related to this Terms (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Terms. In the event of a conflict between the terms set forth in this Section 23 and the JAMS Rules, the terms in this Section 23 will control and prevail.
Except as otherwise set forth in Section 23.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms, (i) you and MidnightSociety.com may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MIDNIGHTSOCIETY.COM WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Location. The arbitration will take place in your hometown area if you so notify MidnightSociety.com in your notice of arbitration or within ten (10) days following receipt of our arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or internet connection appearances.
Limitations. You and MidnightSociety.com agree that any arbitration shall be limited to the Claim between MidnightSociety.com and you individually. YOU AND MIDNIGHTSOCIETY.COM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and MidnightSociety.com agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Severability. You and MidnightSociety.com agree that if any portion this Section is found illegal or unenforceable (except any portion of Exceptions), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 23.4 is found to be illegal or unenforceable then neither you nor MidnightSociety.com will elect to arbitrate any Claim falling within that portion of Exceptions found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and MidnightSociety.com agree to submit to the personal jurisdiction of that court.
TERMS Revisions. This Terms may only be revised in a writing signed by MidnightSociety.com, or published by MidnightSociety.com on the Apps.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MidnightSociety.com as a result of this Terms or your use of the Apps or the Service.
Assignment. MidnightSociety.com may assign this Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without our prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this Terms, the prevailing party in such litigation or arbitration shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Terms shall be in writing and addressed to: Midnight Society 55 E 3rd Ave San Mateo CA 94401, ATTN: LEGAL.
Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
Equitable Remedies. You hereby agree that MidnightSociety.com would be irreparably damaged if the terms of this Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
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