eNight.com - Terms of Use

Terms of Use Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. PLEASE CHECK THE TERMS AND CONDITIONS OF USE ("TERMS") FROM TIME TO TIME, AS ENIGHT MAY CHANGE THE TERMS WITHOUT NOTICE AND SUCH CHANGES ARE EFFECTIVE AS OF THE TIME THE TERMS ARE POSTED

1. Welcome
Welcome to eNight, an online social networking service that allows Members to create unique personal profiles online in order to find and communicate with other Members and organize social events. The eNight.com website ("Website"), the eNight service and network, eNight promotions and any other features, content, or applications offered from time to time by eNight are all hereinafter referred to collectively as the "Service". The Service is operated by eNight LLC and its affiliates (collectively, "us", "we" or the "Company").

By using the Service you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with eNight.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Service immediately.

If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Website. It is your responsibility to regularly review these Terms of Use.

2. Acceptance of Terms of Use Agreement
Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of and membership in the Service. This Agreement includes eNight's Privacy Policy, eNight's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Electronic Form

By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

3. Eligibility
You must be at least twenty-one years of age or older to register as a Member or use the Service. If you are under the age of 21, you are not allowed to register and become a Member of or access the Service. Membership in the Service is void where prohibited. By using the Service or the Website, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement. eNight may terminate your Membership and/or prohibit you from using or accessing the Service or the Website for any reason, at any time. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 21 years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose, unless such purpose is the subject of a separate agreement with eNight LLC.

4. Privacy Policy
The terms of our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the eNight Home Page.

5. Term
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason, at any time. If you are using a paid portion or version of the Service, and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 26 below for a list of the provisions of this Agreement that will survive the termination of your membership.

6. Other Agreements
Please note that, if you sign up for one or more features of the Service that are provided by third parties, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.

7. Your Interactions with Other Members
You are solely responsible for your interactions with other Members. You understand that eNight does not in any way screen its Members, nor does eNight inquire into the backgrounds of its Members or attempt to verify the statements of its Members. eNight makes no representations or warranties as to the conduct of Members. In no event shall eNight be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person.

Although eNight cannot monitor the conduct of its Members off-line, it is a violation of these rules to use any information obtained from the Website or Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

8. Member Conduct
You understand that the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair Website. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Service. eNight reserves the right to investigate and take appropriate legal action against anyone who, in eNight's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

9. Prohibited activity includes, but is not limited to:
uploading posting, emailing, transmitting or otherwise making available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
impersonating any person or entity, or falsely state or otherwise misrepresenting yourself or your affiliation with any person or entity;
uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidating or harassing another;
using or attempting to use another's account, service or system without authorization from the Company, or creating a false identity on the Service or the Website;
deep-linking to the Site for any purpose, unless specifically authorized by eNight;
engaging in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Service;
transmitting any chain letters or junk email to other Members;
using any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent [In order to protect our Members from such advertising or solicitation, eNight reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which eNight deems appropriate in its sole discretion];
sending unsolicited bulk email
covering or obscuring the banner advertisements on your personal profile page, or any eNight page via HTML/CSS or any other means;
developing any automated use of the system, such as using scripts to add friends;
interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Service in order to harass, abuse, or harm another person; or
using the Service in a manner inconsistent with any and all applicable laws and regulations.

Please choose carefully the information you post on eNight and that you provide to other Users. Your eNight profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other eNight Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and eNight assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact at security@enight.com.

Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Service. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by eNight or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your eNight profile or other content uploaded on the Website for the purpose of extracting such information or other content.

10. Member Identity
Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

The Service includes an option which allows Members to determine who may view their full profile. These levels are A) "Friends or B) "Anyone." If you choose to allow your eNight profile to be viewed by "Anyone," you should be aware that anyone who becomes a Member will be allowed to view all of the information in your profile. When choosing these options, please consider carefully the level of access you wish to allow to your profile.

11. Proprietary Rights in Content on the Website
All content on the Website, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

12. Member Content Posted on the Website
You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Website, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others.

By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Service or to any part of the Website, you hereby grant to eNight, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Service. This license will terminate at the time you remove such Content from the Service. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service.

The Service contains Content of eNight ("eNight Content"). eNight Content is protected by copyright, trademark, patent, trade secret and other laws, and eNight owns and retains all rights in the eNight Content and the Service. eNight hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the eNight Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Service.

The Service contains Content of Users and other eNight licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.

eNight may delete any Content that in the sole judgment of eNight violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. eNight assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time eNight chooses, in its sole discretion, to monitor the Service, eNight nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Service, and any material or information that you transmit to other Members and for your interactions with other Users. eNight does not endorse and has no control over the Content. Content is not necessarily reviewed by eNight prior to posting and does not necessarily reflect the opinions or policies of eNight. eNight makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Prohibited Content includes, but is not limited to Content that, in the sole discretion of eNight,

contains personal attacks;
harasses or advocates harassment of another person;
includes messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
is determined by eNight to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
is not in English; that is encrypted; or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

violates the standards of good taste or the standards of this Website, as determined by eNight in its sole discretion.
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
unfair, misleading or deceptive Content intended to draw traffic to the profile.
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 21 in a sexual or violent manner, or is intended to solicit personal information from anyone under 21;
solicits personal information from anyone under 21;
promotes information that you know is false or 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);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to 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;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 17 and 19 below for further limitations on our liability.

If you violate these Terms, eNight may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that eNight believes is appropriate.

We do not monitor the content posted by Members to the Website and accept no responsibility or liability for any such content. We reserve the right, in accordance with our take down policy, to remove or edit any content posted to the Website that contains prohibited content as defined above, as soon as we receive a complaint about any such content or we otherwise become aware of such content.

eNight is not responsible for and shall have no liability and expressly excludes all liability in relation to any expressions of opinion, data, information or any other material whatsoever which is submitted on the Website by any User.

13. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of eNight to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to eNight by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. eNight's Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyrightagent@enight.com

14. Links to other Websites
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Website or the Service does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk. If you have a problem with a link from the Site, please notify eNight at legal@enight.com and eNight will investigate your claim and take any actions eNight deems appropriate at our sole discretion.

15. Member Disputes
You are solely responsible for your interactions with other eNight Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

Privacy

We care about the privacy of our Members. Please review our Privacy Policy. By using the Website or the Service, you are consenting to have your personal data transferred to and processed in the United States.

16. Disclaimers
The Company is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether posted or caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service. The Company is not responsible for the conduct, whether online or offline, of any User or Member of the Service. The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. eNight assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on or through the Website or the Service or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline.

THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.

Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to eNight at legal@enight.com. eNight may investigate the claim and take appropriate action, at its sole discretion.

No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein. Any advice that may be posted on the Website is for informational and entertainment purposes only.

17. Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL ENIGHT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM

YOUR USE OF THE ENIGHT WEBSITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO ENIGHT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. Governing Law and Venue
By visiting or using the Website and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of its affiliates.

Any dispute relating in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) shall be submitted to confidential arbitration in Nassau County, New York, except that, to the extent you have in any manner violated or threaten to violate the Company or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

19. Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of i) your use of the Service or the Website including your use of the Website to provide a link to another website or to upload content or other information to the Website in violation of this Agreement, ii) your violation of any law or the rights of a third party, iii) arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above, and iv) if any Content that you post on the Website or through the Service causes eNight to be liable to another.

20. Reviews are not endorsed by eNight
Any reviews provided by a Member ("Review") does not reflect the views of the Company, its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Website or Service.

21. Reviews are owned by eNight
Reviews that are submitted to eNight shall be owned exclusively and in perpetuity by eNight. Such exclusive ownership means that eNight, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. eNight is under no obligation to give credit or pay any consideration to you for your Reviews.

22. Fees
You acknowledge that eNight reserves the right to charge for the Service and to change its fees from time to time in its discretion. If eNight terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

23. Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify eNight immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

24. No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

25. Other
These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Website, constitute the entire agreement between you and eNight regarding the use of the Website and/or the Service, superseding any prior agreements between you and eNight relating to your use of the Website or the Service. The failure of eNight to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

26. Survival
Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Term (Section 5) Proprietary Rights in Content (Section 7), Member Disputes (Section 15), Disclaimers (Section 16), Limitation on Liability (Section 17), Indemnity (Section 19), No Agency (Section 24), Other (Section 25) and Survival (Section 26).

eNight is a service mark of eNight LLC.

Please visit our Help page for more information.