It is important that all our members understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. Our contact details are listed below for your convenience. These are the current terms and conditions relating to the agreement between you and Night24.info.

 

By proceeding further, you agree to be bound by these terms and conditions at all times. Please read them carefully and if you do not agree with them, please do not register as a member or use this website located at the URL http://www.night24.info, the 'Night24.info Website'.

 

The terms and conditions are subject to change by Night24.info at any time. Please note that Night24.info reserves the right to terminate your membership for any reason, and reserves all its rights in relation to all other matters. These terms and conditions apply to the entire Night24.info Website and to any correspondence between Night24.info, as the service provider, and you, as the customer.

 

Your agreement and subsequent use of the Night24.info Website indicates your acceptance of the current terms and conditions without modification, and as such, these may be amended from time to time, regardless of whether or not you choose to register with us, and constitutes you being a party to this Agreement.

 

Please note that on completion of online registration, your membership will be activated and you will have entered into an additional and legally binding agreement with Night24.info for the provision of the Night24.info services (Service), the Terms and Conditions of which agreement are as follows:

 

1.  Adults Only.

In order to become a member you must be at least 18 years old. Night24.info operates as a service strictly for adults only. Please do not attempt to register if you are under 18 years old. If you are under 18 years of age, or if Night24.info has prohibited, suspended or terminated your membership, then your membership of this Service is invalid. By completing online registration, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all its terms and conditions.

 

2.  Prohibited Non Commercial Use by Members.

The Night24.info Website is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The Night24.info Website may not be used for commercial endeavours, collecting Night24.info names and/or email addresses, or sending unsolicited emails. Unauthorized framing / linking to the Night24.info Website is prohibited. Any breach of this rule will be investigated, and appropriate legal action will be taken.

 

3.  Range of Service.

You may become a member of the Service at no cost. As a member Night24.info gives you the ability to participate in all features and services available within the Service (including email kisses but with the exception of sending a full Night24.info email and initiating an Night24.info Instant messaging session) and other charged services as they become available. Membership of Night24.info gives you the ability to create one member profile only. Multiple profiles are not allowed. In order to access these additional features you must purchase stamps. Please see the 'buy stamps page' for further details and the current stamp prices and expiry dates. The stamp price list forms part of this Agreement. Night24.info reserves the right to change the stamp prices at any time. If you are unhappy with any stamp fee changes you may terminate your membership by selecting 'terminate account' within your account settings, writing to our address listed below or by sending us an email at service@night24.info. Please note that this Service enables you to contact other Night24.info members. Night24.info is not a marriage brokering service and is not obligated to successfully broker any other members for you.

 

4.  Duration, Expiry and Termination.

This Agreement commences on your completion of this online registration and will remain in full force and effect while you are a member of the Service. You may terminate your membership at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may terminate your account online by selecting 'terminate account' within your account settings, contact us at our address listed below or you may email us at service@night24.info. We may immediately terminate your membership and your access to the Service at any time because you have breached this Agreement and we will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will not refund any payments made. We can terminate this Agreement at any time by giving you reasonable advance written notice. In the case of violation of one or more of the terms of this Agreement by you (in particular items E and F), we may block your account(s), delete prohibited content, prevent publication of all or part of your profile. We may also block your access to all or part of the Service, either permanently or temporarily. In addition, Night24.info may deactivate the accounts of members who have not used the Service for a period of 6 months or more (as calculated by the date of last connection to the Service).

 

5.  Posted Content and Prohibited Content.

(a) Any material that you transmit or post to the Night24.info Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. This clause excludes personally identifiable information which will be used in accordance with our Privacy Policy,

(b) Night24.info may review and delete any content, emails, Instant Messenger conversations, photos or profiles (collectively, 'Content') that we judge to violate this Agreement or judge as offensive, illegal, or that might harm, endanger, or violate the rights of members.

(c)     You are solely responsible for the Content that you post on Night24.info or Content you transmit to other members using our Service. You agree that the Content is accurate, not in breach of this Agreement, and not harmful to any person in any way.

(d) The information that you supply to Night24.info and post on the Night24.info Website must be accurate and conform to reality.

(e) You shall not include in your member profile or photos, any telephone numbers, street addresses, last names, URLs or email addresses.

(f) You shall not advertise to, or solicit, other members to buy, sell or hire any products or services through our Service;

(g) You may not transmit any chain letters or junk email to other members.

(h) You shall not create multiple profiles.

(i) The following is a partial list of the kind of Content, including photos, which are prohibited on the Night24.info Website. Night24.info reserves the right to amend this list at any time. It includes Content that:

(i)      is judged as offensive;

(ii)     that promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual;

(iii)    constitutes a profile or photographs of any third person used without their permission. In addition, profile photos must not contain any person other than yourself;

(iv)    contains a cartoon or illustration;

(v)     contains images of animals, scenery or objects of anything other than your current self. This clause does not apply to Gallery photos;

(vi)    is sexually explicit or contains sexual references / innuendo;

(vii)    involves the transmission of unsolicited mass mailing;

(viii)   promotes information that you know is false or misleading;

(ix)    promotes, or provides information about, illegal activities or conduct;

(x)     is abusive, threatening, obscene, defamatory or libelous;

(xi)    is an unauthorized copy of another person's copyrighted work;

(xii)   contains restricted or password only access pages, or hidden pages or images;

(xiii)  contains pictures of people under the age of 18 (even if they are your children);

(xiv)  provides material that exploits people under the age of 18, or is used to solicit information from anyone under 18;

(xv)   solicits passwords or personal identifying information from other users;

(xvi)  engages in commercial activities and/or sales without our prior written consent; and

(xvii) pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs.

 

6.  Prohibited Activities.

Night24.info reserves the right to investigate and terminate your membership if you have misused the Service, or behave in a way which we regard as inappropriate, unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service. Night24.info reserves the right to amend this list at any time. 

 

You will not:

 

(a) send or post material which constitutes or encourages conduct that would be considered a criminal offence in Australia or any other country in the world.

 

(b) send or post material which infringes the rights of any third party.

 

(c)     post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.

 

(d) impersonate any person or entity.

 

(e) harass any other person.

 

(f) solicit money from any other person .

 

(g) express or imply that any statements you make are endorsed by Night24.info without our specific prior written consent.

 

(h) any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

 

(i) "frame" or "mirror" any part of the Service or the Night24.info Website, without Night24.info's prior written authorization.

 

(j) use code or other devices containing any reference to Night24.info, our Service or Website to direct persons to any other web page.

 

(k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Night24.info Website or any software used on or for the Service or cause others to do so.

7. Night24.info Account Security and Access.

You are responsible for maintaining the confidentiality of your Night24.info username and password, and you are fully responsible for all activities that occur under your Night24.info username and password. You agree to immediately notify Night24.info of any unauthorized use of your Night24.info username or password or any other breach of security, and ensure that you exit from your account at the end of each session. Night24.info will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. While Night24.info endeavours to ensure that the Night24.info Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to the Night24.info Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Night24.info at any time may request some form of identification to establish the creditability of an account or its contents.

 

8.  Intellectual Property.

Night24.info owns and retains all proprietary rights in the Night24.info Website and the Service and any Content posted on the Night24.info Website. Night24.info's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Night24.info's written permission. You may not post, distribute, or reproduce in any way any copyright material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. 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 contact us at service@night24.info or the address listed below.

 

9.  Privacy.

Members will at all times refrain from infringing on the right to privacy of any and all members of Night24.info and members will comply with and adhere to all privacy rules of the Night24.info Website and/or the Night24.info.

 

10. Disclaimers.

The material at this Night24.info Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Night24.info provides you with this Night24.info Website on the basis that Night24.info excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Night24.info Website.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Night24.info Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.

11. Limitation on Liability.

Subject to any liabilities that may not be limited by law, Night24.info, and any related company, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service, this Night24.info Website or any Night24.info events developed, staged, managed or outsourced by Night24.info in any way or in connection with the use, inability to use or the results of use of this Night24.info Website. Subject to the foregoing, Night24.info's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Night24.info for the Service during the term of membership.

12. Customer Support.

Night24.info provides assistance and guidance through its customer support representatives. If we feel that your behaviour towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund.

13. Contact Information.

If you have any questions about the rights and restrictions above, please contact us at service@night24.info.

14. General.

We may alter or amend these terms and conditions at any time and will use best endeavours to provide notice of any change. You may terminate your membership at any time but will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after notice. In the event that you have any claim or action against any other member arising from that member's use of our Night24.info Website or the Service, you agree to pursue such claim or action independently of and without any demands from Night24.info, and you release Night24.info from all claims, liability and damages, arising from or in any way connected to the claim or action.

If a claim or action is brought against us from your activities or use of the Night24.info Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

Night24.info may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations under this Agreement. You agree that no partnership, joint venture, employment, or agency relationship exists between you and Night24.info as a result of this agreement or use of this Night24.info Website.

You are solely responsible for your interaction with other Night24.info Members. Night24.info reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree that the any dispute will be governed by the laws of New South Wales in the courts in New South Wales.

This Agreement, accepted upon use of the Night24.info Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and Night24.info regarding the use of the Night24.info Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.