Thank you for your interest in Nightlifethailand.com. The following is the Member Agreement that is a legal document that details your rights and obligations as an Nightlifethailand.com member. You cannot become a Member until you have accepted the terms of the Member Agreement.
1. GENERAL RULES
The Member Agreement provides very important information about your membership, so you should take the time to read and understand it. If you have questions about the Member Agreement or about your rights and responsibilities as an Nightlifethailand.com member, please contact us by e-mail. You must be at least 16 years old to become a Nightlifethailand.com member and/or use any Nightlifethailand.com services. Furthermore, you must provide permission from your parents or guardian before you can become a Nightlifethailand.com member and/or use the Nightlifethailand.com Web site if you are under the age of 16.
We may revise this agreement at any time. The revised terms will be posted on our web site and shall be effective at once.
2. SERVICES THAT WE PROVIDE
The Nightlifethailand.com provides a variety of free and paying online services including but not limited to e-mail, home pages, professional directories, online portfolios, bulletin boards and discussion groups accessible through various URL’s including but not limited to Nightlifethailand.com and its affiliate sites. These services are usable by all registered members and may be viewed by nonmembers, with the exception of the paying services that are limited to paying members only but may be viewed by nonmembers Modeling agency scouts using the Nightlifethailand.com Agency Services may also be able to view your online portfolio.
We are not a Talent Agency. Nightlifethailand.com does not represent you or its members as an agent, manager or otherwise. By paying the applicable membership fee, you are paying for the right to post your online Portfolio on Nightlifethailand.com and access various Nightlifethailand.com paid member-only services. Your Nightlifethailand.com portfolio may be seen by Agencies who use Nightlifethailand.com’s services. Agencies who use Nightlifethailand.com’s services may be charged a commission or fee related to their use of the Nightlifethailand.com service but Nightlifethailand.com members are not charged any commission or fee related to their employment received from agencies through Nightlifethailand.com. Nightlifethailand.com does not offer services directly related to any member’s future employment, and Nightlifethailand.com does not take any commissions or other fees from its members in connection with any employment a member might obtain. Accordingly, you are responsible for the applicable membership fee regardless of whether or not you secure work and/or are contacted by a agencies.
3. A MEMBER RESPONSIBILITY
In order to use resources, you must obtain access to the World Wide Web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the World Wide Web.
By using any of Nightlifethailand.com’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. Nightlifethailand.com has the right to suspend or terminate your account if you violate the above or Nightlifethailand.com has reason to believe that you have violated the above.
Nightlifethailand.com does not permit children under the age of 16 to become members, post home pages or web sites or online portfolios or obtain chat rooms and e-mail accounts on our service without their parents permission. In addition, before you can become a Nightlifethailand.com member and/or use the Nightlifethailand.com Web site if you are under the age of 16, you must obtain permission from your parent or guardian.
4. MEMBER PRIVACY
It is Nightlifethailand.com’s policy to respect the privacy of its members. Nightlifethailand.com will not monitor, edit, or disclose any personal information about you or your Nightlifethailand.com account, including its contents, without your prior permission unless Nightlifethailand.com has a good faith belief that such action is necessary to
1) conform to legal requirements or comply with legal process;
2) protect and defend the rights of Nightlifethailand.com; or
3) act to protect the interest of its members or others.
Nightlifethailand.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.
However, you agree that Nightlifethailand.com may access your account, including its contents, as stated above or to respond to service or technical issues.
5. MEMBER CONDUCT
You understand and are aware that all contents such as information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not, Nightlifethailand.com are entirely responsible for all content that you upload, post, or otherwise transmit via any of Nightlifethailand.com’s services. Nightlifethailand.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by Nightlifethailand.com’s members or visitors do not necessarily represent those of Nightlifethailand.com. Nightlifethailand.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, Nightlifethailand.com, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter.
The following is a non-exclusive list of actions and content that are prohibited on Nightlifethailand.com’s site:
(a) Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy;
(b) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way.
Nightlifethailand.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
(c) the harming of minors in any way;
(d) the manipulation of identifiers in any way in order to disguise the origin of any content transmitted through Nightlifethailand.com services or develop restricted or password-only access pages, or hidden pages or images;
(e) the uploading, posting or transmission of 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, hardware or telecommunications equipment;
(f) intentionally or unintentionally violating any applicable local, state, national or international law;
(g) the collection or storage of personal data about other users;
(h) impersonating any person or entity, including but not limited to, a Nightlifethailand.com official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;
(i) uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “SPAM”, “chain letters”, pyramid schemes”, or any other form of solicitation;
(k) disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users’
ability to engage in real time exchanges;
(l) using your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Nightlifethailand.com and its affiliates;
(m) having multiple Nightlifethailand.com portfolios with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio (living individual seeking modeling employment on a full-time or part-time basis on his or her own behalf).
(n) the selling or placement of advertising on your Nightlifethailand.com home page or portfolio page to anyone or any commercial third party;
(o) using the Nightlifethailand.com forums, e-mail or any other means, except if explicitly authorized in writing by Nightlifethailand.com, to contact Nightlifethailand.com members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(p) taking any action which imposes an unreasonable or disproportionately large load on the Nightlifethailand.com Web Site’s infrastructure;
(q) if you have a password allowing access to a non-public area of the Nightlifethailand.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
(r) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Nightlifethailand.com Web Site other than the search engine and search agents available from Nightlifethailand.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or
(s) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Nightlifethailand.com Web Site.
6. CONTENT SUBMITTED TO Nightlifethailand.com
Nightlifethailand.com does not claim ownership of the Content you place on your Nightlifethailand.com Portfolio or in other sections of the Nightlifethailand.com Site. By submitting Content to Nightlifethailand.com for inclusion on your Nightlifethailand.com Portfolio or in other sections of the Nightlifethailand.com Site, you grant Nightlifethailand.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Nightlifethailand.com Portfolio and/or the Nightlifethailand.com section your portfolio is listed in and/or your content on Nightlifethailand.com’s Internet properties. This license exists for as long as you continue to be a Nightlifethailand.com member and shall be terminated when you request from us by e-mail that your content be removed and you have received confirmation from Nightlifethailand.com of the removal of your content. You also represent that you have full power and authority to comply with this Terms of Membership Agreement without violating the rights of others and agree that your use of Nightlifethailand.com and its services will comply with this Terms of Membership Agreement without violating the rights of others.
7. FEES AND PAYMENT
At registration time and until you receive notice from Nightlifethailand.com of any changes to its fees or billing methods, you will be subject to the fees and billing methods set forth for the membership subscription type you select during the online registration process and/or in the materials presented to you in connection with any offline registration process and/or set forth in this Terms of Membership Agreement. Nightlifethailand.com reserves the right to change its fees or billing methods at any time, in case Nightlifethailand.com changes its fees or billing methods notice will be provided at least thirty (30) days in advance by e-mail and/or by posting a notice on the Nightlifethailand.com Web site. Changes to Nightlifethailand.com fees or billing methods will not adversely affect you during the current term of your membership for services you have already paid for.
Nightlifethailand.com members can pay for their memberships by credit card, cashiers or personal check, or money order. If you pay by credit card, your membership will automatically be renewed, and credit cards are automatically billed, on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until such membership is terminated. If you pay by other means you will be invoiced on a yearly basis until your membership is terminated. In addition, every time you use Nightlifethailand.com’s services or Web site, you reaffirm that Nightlifethailand.com is authorized to charge your credit card or bill you (even though such use is not a pre-condition to Nightlifethailand.com’s authorization to do so.)
You are also responsible and liable for any fees, including attorney and collection fees that Nightlifethailand.com may incur in its effort to collect any remaining or unpaid balances from you. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, other members, or your family or friends.
You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or your membership is terminated. You should let Nightlifethailand.com know about any billing problems or discrepancies within sixty (60) days after they first appear on your account statement. If you do not bring such problems to Nightlifethailand.com’s attention within sixty (60) days, you agree that you waive your right to dispute any outstanding balance or payment.
In addition, items other than subscription fees may be subject to charges, fees, and/or payment terms other than as described herein; such charges, fees, or other terms will, however, be described in connection with the product, service, or other offerings to which such charges, fees, and/or terms relate.
You can update or correct your contact and billing information at any time. Just as you want to make sure that information Nightlifethailand.com has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can go to ‘My Account’ at Nightlifethailand.com to make the necessary changes.
8. DISCLAIMER OF WARRANTIES
a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER’S OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Nightlifethailand.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW.
Nightlifethailand.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER Nightlifethailand.com NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
b) Nightlifethailand.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES.
Nightlifethailand.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Nightlifethailand.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. Nightlifethailand.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY MODELING AGENCIES, OR OF ANY INFORMATION OR ADVICE PROVIDED ON Nightlifethailand.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY A MODELING AGENCY OR ANOTHER THIRD PARTY. Nightlifethailand.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING A MODELING AGENCY, WILL USE THE Nightlifethailand.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. Nightlifethailand.com DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF Nightlifethailand.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Nightlifethailand.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF Nightlifethailand.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF Nightlifethailand.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Term of your Membership begins on the date you register as a Member of Nightlifethailand.com (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the Nightlifethailand.com database) and will continue on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until you cancel your Membership as set forth below, unless it is otherwise canceled by Nightlifethailand.com pursuant to this Terms of Membership Agreement.
You can cancel your Membership at any time by delivering thirty (30) days notice to Nightlifethailand.com. You are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation and for all Membership or subscription fees payable through the natural expiration of your Membership (i.e., through the next annual or monthly renewal date as applicable).
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