Who
May Use
the
Services
You
may use the services
only if you agree to form a binding contract with Nightlight
and
are not a person barred from receiving services under the laws of the
applicable
jurisdiction.
In any case, you must be at least 13 years old, to use the Services.
If
you are accepting these Terms and
using
the
services
on behalf of a company, organization, government, or other
legal
entity,
you represent and warrant that you are authorized to do so and have
the
authority
to bind such entity to these Terms, in which case the words “you”
and
“your”
as used in these Terms shall refer to such entity.
Privacy
Our
Privacy Policy (https://www.night-light.cz/terms/privacy.html)
describes how we handle the
information
you provide to us when you use our services.
Content on the Services
You
are responsible for your use of the Services and for any Content you
provide,
including compliance with applicable laws, rules, and
regulations. You should only
provide Content that you are
comfortable sharing with others.
Any use or reliance on any
Content or materials posted via the Services or
obtained by you
through the Services is at your own risk. We do not endorse,
support,
represent or guarantee the completeness, truthfulness, accuracy,
or
reliability of any Content or communications posted via the
Services or endorse
any opinions expressed via the Services. You
understand that by using the
Services, you may be exposed to
Content that might be offensive, harmful,
inaccurate or
otherwise inappropriate, or in some cases, postings that have
been
mislabeled or are otherwise deceptive. All Content is the
sole responsibility of the
person who originated such Content.
We may not monitor or control the Content
posted via the
Services and, we cannot take responsibility for such Content.
We
reserve the right to remove Content that violates the User
Agreement,
including for example, copyright or trademark
violations or other intellectual
property misappropriation,
impersonation, unlawful conduct, or harassment.
If
you believe that your Content has been copied in a way that
constitutes
copyright
infringement, please report this by sending
an email with detailed information about the situation on
[email protected]
Your
Rights and Grant of Rights in the
Content
You
retain your rights to any Content you submit, post or display on or
through
the Services. What’s yours is yours — you
own your Content (and your incorporated
audio, photos and videos
are considered part of the Content).
By submitting, posting or
displaying Content on or through the Services, you grant
us a
worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to
use, copy, reproduce, process, adapt, modify,
publish, transmit, display and
distribute such Content in any
and all media or distribution methods now known or
later
developed (for clarity, these rights include, for example, curating,
transforming,
and translating). This license authorizes us to
make your Content available to the
rest of the world and to let
others do the same. You agree that this license includes
the
right for Nightlight to provide, promote, and improve the Services
and to make
Content submitted to or through the Services
available to other companies,
organizations or individuals for
the syndication, broadcast, distribution, Retweet,
promotion or
publication of such Content on other media and services, subject
to
our terms and conditions for such Content use. Such
additional uses by Nightlight, or
other companies, organizations
or individuals, is made with no compensation paid
to you with
respect to the Content that you submit, post, transmit or
otherwise
make available through the Services as the use of the
Services by you is hereby
agreed as being sufficient
compensation for the Content and grant of rights herein.
Nightlight
has an evolving set of rules for how ecosystem partners can interact
with
your
Content on the Services. These rules exist to enable an open
ecosystem with
your
rights in mind. You understand that we may modify or adapt your
Content as
it
is distributed, syndicated, published, or broadcast by us and our
partners and/or
make
changes to your Content in order to adapt the Content to different
media.
You
represent and warrant that you have, or have obtained, all rights,
licenses,
consents,
permissions, power and/or authority necessary to grant the rights
granted
herein
for any Content that you submit, post or display on or through the
Services.
You
agree that such Content will not contain material subject to
copyright or other
proprietary
rights, unless you have necessary permission or are otherwise
legally
entitled
to post the material and to grant Nightlight
the license described above.
Your Account
You
may need to create an account to use some of our Services. You
are
responsible
for safeguarding your account, so use a strong password and limit
its
use
to this account. We cannot and will not be liable for any loss or
damage arising
from
your failure to comply with the above.
You
can control most communications from the Services. We may need
to
provide
you with certain communications, such as service announcements
and
administrative messages. These communications are considered part
of
the
Services and your account, and you may not be able to opt-out from
receiving
them.
If you added your phone number to your account and you later change
or
deactivate
that phone number, you must update your account information to
help
prevent
us from communicating with anyone who acquires your old number.
Your License to Use the Services
Nightlight
gives you a personal, worldwide, royalty-free, non-assignable and
non-
exclusive
license to use the software provided to you as part of the
Services.
This
license has the sole purpose of enabling you to use and enjoy the
benefit
of
the Services as provided by Nightlight,
in the manner permitted by these Terms.
The
Services are protected by copyright, trademark, and other laws of
both the
United
States and other countries. Nothing in the Terms gives you a right to
use
the
Nightlight
name or any of the Nightlight
trademarks, logos, domain names, other
distinctive
brand features, and other proprietary rights. All right, title, and
interest
in
and to the Services (excluding Content provided by users) are and
will remain
the
exclusive property of Nightlight
and its licensors. Any feedback, comments, or
suggestions
you may provide regarding Nightlight,
or the Services is entirely voluntary
and
we will be free to use such feedback, comments or suggestions as we
see fit
and
without any obligation to you.
Ending
These Terms
You
may end your legal agreement with Nightlight
at any time by deleting
your
accounts
and discontinuing your use of the Services.
We
may suspend or terminate your account or cease providing you with all
or
part
of the
Services at any time for any or no reason, including, but not limited
to,
if
we reasonably believe: (i) you create risk or possible legal
exposure
for us; (ii) your account should be removed due to unlawful
conduct,
(iii)
your
account should be removed due to prolonged inactivity; or (iv)
our provision
of
the Services to you is no longer commercially viable. We will make
reasonable
efforts
to notify you by the email address associated with your account or
the next
time
you attempt to access your account, depending on the circumstances.
In all
such
cases, the Terms shall terminate, including, without limitation, your
license
to
use the
Services. If you believe your account was terminated in error you can
contact
us at [email protected].
For the avoidance of doubt, these Terms survive the
deactivation
or termination
of your account.
5
Disclaimers
and
Limitations
of Liability
The
Services are Available “AS-IS”
Your
access to and use of the Services or any Content are at your own
risk. You
understand
and agree that the Services are provided to you on an “AS IS”
and
“AS
AVAILABLE” basis. The “ Nightlight
Entities” refers to Nightlight,
its parents, affiliates,
related
companies, officers, directors, employees, agents, representatives,
partners,
and
licensors. Without limiting the foregoing, to the maximum extent
permitted
under
applicable law, THE NIGHTLIGHT
ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS,
WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The
Nightlight
Entities
make no warranty or representation and disclaim all responsibility
and
liability
for: (i) the completeness, accuracy, availability, timeliness,
security or
reliability
of the Services or any Content; (ii) any harm to your computer
system,
loss
of data, or other harm that results from your access to or use of the
Services
or
any Content; (iii) the deletion of, or the failure to store or to
transmit, any Content
and
other communications maintained by the Services; and (iv) whether
the
Services
will meet your requirements or be available on an uninterrupted,
secure,
or
error-free basis. No advice or information, whether oral or written,
obtained from
the
Nightlight
Entities or through the Services, will create any warranty
or
representation
not expressly made herein.
6
General
We
may revise these Terms from time to time. The changes will not be
retroactive,
and
the most current version of the Terms, which will always be at
night-light.cz/terms/tos.html,
will
govern our relationship with you. We will try to notify you of
material revisions,
for
example via a service notification or an email to the email
associated with your
account.
By continuing to access or use the Services after those revisions
become
effective,
you agree to be bound by the revised Terms.
The
laws of the State of California, excluding its choice of law
provisions, will
govern
these Terms and any dispute that arises between you and Nightlight.
All
disputes
related to these Terms or the Services will be brought solely in the
federal
or
state courts located in San Francisco County, California, United
States, and you
consent
to personal jurisdiction and waive any objection as to inconvenient
forum.
If
you are a federal, state, or local government entity in the United
States using
the
Services in your official capacity and legally unable to accept the
controlling
law,
jurisdiction or venue clauses above, then those clauses do not apply
to you.
For
such U.S. federal government entities, these Terms and any action
related
thereto
will be governed by the laws of the United States of America
(without
reference
to conflict of laws) and, in the absence of federal law and to the
extent
permitted
under federal law, the laws of the State of California (excluding
choice
of
law).
In
the event that any provision of these Terms is held to be invalid or
unenforceable,
then
that provision will be limited or eliminated to the minimum extent
necessary,
and
the remaining provisions of these Terms will remain in full force and
effect.
Nightlight
failure to enforce any right or provision of these Terms will not be
deemed
a
waiver of such right or provision.
Effective:
May
6,
2024