Night Tap Terms and Conditions of Use

BEFORE USING THIS WEBSITE, THIS SERVICE, OR ANY OTHER CONTENT WHICH IS DISPLAYED ON THIS WEBSITE, YOU SHOULD CAREFULLY READ AND REVIEW THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU USE THIS SITE AND ITS SERVICES, YOU ARE EXPLICITLY AGREEING TO THESE TERMS AND CONDITIONS. YOU MAY NOT USE OR GAIN ACCESS TO THIS SITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS. IF YOU FIND THESE TERMS AND CONDITIONS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THIS SITE AND CEASE ALL USE OF THIS SITE.

Binding Effect. This is a binding agreement. By using the Internet site located at www.nighttap.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms and Conditions of Use (“Terms and Conditions”). These Terms and Conditions may be amended by Tap It In, LLC (“Night Tap”) from time to time in its sole discretion. Night Tap will post a notice on this Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave this Site and cease all use of the Service of the Site. YOU AGREE THAT BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Privacy Policy. Night Tap respects your privacy and permits you to control the treatment of your personal information. A complete statement of Night Tap's privacy policy can be found by clicking here. Night Tap's privacy policy is expressly incorporated herein by this reference.

Account Information. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. Further, you hereby agree that it is your obligation to ensure that the information you provide continues to be current and accurate. You may not use the account, username, or password of someone else at any time. By using this Site, you agree that you are exclusively responsible for all activities, transactions, and purchases which occur through the use of your username and password. You agree to notify Night Tap immediately of any unauthorized use of your account, username, or password. Night Tap shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Night Tap, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

Electronic Communication with Site Users. Please be advised that Night Tap typically corresponds with users of this Site through electronic means, typically email. You hereby consent to receive communications from us electronically. You also hereby agree that all agreements, disclosures, notices, and other communications with are sent by email will satisfy any and all legal requirements that such communications must be given in writing.

Service Provided Herein. The Site is owned by Night Tap. Night Tap offers a Service which allows Customers to purchase vouchers, through this Site (“Vouchers”), from selected Merchants who provide Night Tap with selected promotional offers. Customers will purchase Vouchers to redeem these offers from merchants. Customers will not be allowed to purchase vouchers unless they create an account and provide the requisite required information, including a username and password. The collection of the payment on behalf of the Merchant from the Customer is overseen by Night Tap through this Site. When such payment has been confirmed, Night Tap will issue the Customer a Voucher which is redeemable for the applicable service or good specified within the online offer. When you decide to purchase a Voucher, you are agreeing that your purchase will be governed by these Terms and Conditions, and by the specific terms that dictate the offer as it is advertised on this Site. All Vouchers which are offered on this Site are subject to these Terms and Conditions, and also to any terms and conditions of Merchant.

First Come, First Serve Policy. Night Tap makes no assurances regarding the continual availability of any vouchers, promotions, or offers. All such offers will be made available to Customer(s) on a first come, first serve basis. In no event will Night Tap ever be held liable for Merchant's decision to discontinue the availability of a particular voucher, promotion, or offer.

Voucher Terms/Limitations. Night Tap assumes no liability for Vouchers which have been lost or stolen. Since the offers advertised on this site are often subject to limitations, Customers should make sure they read, review, and understand all the terms of such offer(s) before purchasing a Voucher. Please understand that many of the offers listed on this Site may contain time limits, expiration dates, or other material constraints, thereby requiring the Customer to redeem the Voucher within a certain period of time, or in a specific manner. Vouchers may be given as gifts, but may not be sold in any quantity. At discretion of Night Tap, Customers who use this Site for their own commercial purposes may have their user account(s) “frozen,” and may also be subject to civil or criminal liability to the extent permitted by law. Night Tap's right to send you promotions, advertisements, and other such emails at its discretion is a material condition of your purchase of a Voucher.

Notification of Voucher Purchase to Merchant. Within one day of the last date an offer is advertised on the Night Tap site, Customer's purchase of a Voucher, Merchant will be notified of such purchase, and Customer will be able to redeem this Voucher, in accordance with the specifications of the offer as advertised.

No Liability for Merchant's Failure to Honor Voucher(s). On this Site, Service, and otherwise, Night Tap is merely serving as an intermediary between Customers and Merchants, and functions exclusively to sell Vouchers on Merchants' behalf. Night Tap assumes no liability for Merchant's failure to honor vouchers purchased from Night Tap through no fault, negligence, misconduct, or omission of Night Tap.

Regulations Regarding Sale of Alcoholic Beverages. Night Tap assumes no liability for Merchant's violation of law in connection with the sale and/or distribution of alcoholic beverages. Use of Vouchers for alcoholic beverages is at sole discretion of the Merchant and is fully subject to compliance with applicable law.

Merchant's Redemption of Voucher in Accordance with Applicable Law. Merchant may be subject to laws which require Merchant to allow you to redeem a Voucher or Vouchers for cash value for a time period which extends beyond the expiration date of the Voucher. The obligation to do so rests exclusively with merchant, and not with Night Tap. Night Tap assumes no liability for Merchant's failure to comply with any such regulation(s) governing the Merchant's redemption of a Voucher for cash value.

Refunds. Vouchers are generally non-refundable. However, if circumstances render it impracticable for Merchant to honor a Voucher as advertised, Night Tap reserves the right, at its discretion, to issue a comparable Voucher to a customer, or to otherwise compensate a customer in such a scenario.

Gratuities and Sales Tax. Vouchers purchased from Night Tap do not include any customary gratuities. Customers who purchase Vouchers on this Site are therefore advised that they are solely responsible for any related gratuities or sales tax.

Prohibited Vouchers Void. All Vouchers are void to the extent that they are prohibited by applicable law.

Availability/Features of This Site. You hereby agree that Night Tap does not assume any liability for the unavailability of this site, as circumstances beyond Night Tap's control may render the site periodically unavailable. The Site may also become periodically unavailable because of necessary maintenance. You also agree that Night Tap has the sole discretion to change, modify, add, discontinue, or alter any aspect of this Site, at any time.

Use of Software/Files/Images. Night Tap may make certain software, files, and/or images available to you from this Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and taping data (collectively “the Software”) are deemed to be licensed to you by Night Tap for your personal, noncommercial, home use only. Night Tap does not transfer either the title or intellectual property rights to the Software to you, and Night Tap retains full and complete title to the Software, as well as intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the software to a human-perceivable form.

User Content. You hereby grant an irrevocable, non-exclusive, and royalty-free right and license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Night Tap, its affiliates, officers, employees, directors, consultants, agents, and representatives, a license to use User Content in connection with the operation of the Internet business of Night Tap, its affiliates, officers, employees, directors, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for such use of any User Content. You agree that Night Tap may publish or otherwise disclose your name in connection with your User Content. By posting User Content on this Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Compliance with Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey all applicable state, federal, and local laws and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, display, perform, transmit, or otherwise distribute any information or content (collectively “Content”) in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be held solely responsible for any violations of any relevant laws and for infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Inappropriate Content. You shall not make the following types of Content available: you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that a) is obscene, pornographic, abusive, or threatening; b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; c) advertises or otherwise solicits funds or is a solicitation for goods or services, or d) infringes upon the rights of others, including the rights of others to use this Site. Night Tap reserves the right to terminate your receipt, transmission, or other distribution of any such material from its servers. Night Tap intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.

Copyright Infringement. Night Tap has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or within the Service. Night Tap has adopted a policy which provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Night Tap or of a third party, or otherwise violated any intellectual property laws or regulations. Night Tap's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Night Tap to delete, edit, or disable the material in question, you must provide Night Tap with all the following information: a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive that is allegedly infringed; b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; c) identification of the material that is claimed to be infringed or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable Night Tap to locate the material; d) information reasonably sufficient to enable Night Tap to contact you, such as an address, telephone number, and if available, an electronic email address at which you may be contacted; e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f) a statement that the information in the notification is accurate, and under the penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Night Tap's designated agent at:
Alleged Violations. Night Tap reserves the right to terminate your use of the Service and/or the Site. To ensure that Night Tap provides a high quality experience for you and for other users of the Site and the Service, you agree that Night Tap or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site or the Service. Night Tap does not intend to disclose the existence or occurrence of such an investigation unless required by applicable law, but Night Tap reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, at its sole discretion, including, but not limited to, the following reasons: if Night Tap believes that you have violated any of the Terms and Conditions, furnished Night Tap with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties. Night Tap hereby disclaims all warranties. Night Tap is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site or the Service. To the maximum extent permitted by law, Night Tap expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Night Tap does not warrant that the Site or the Service will meet your requirements, or that the operation of the Site or the Service will be uninterrupted or error-free.

Liability is Limited. To the maximum extent permitted by law, in no event shall Night Tap, or its affiliates, officers, directors, employees, consultants, agents, and representatives be liable for damages of any kind (including, but not limited to, special, incidental, direct, indirect, consequential, or punitive damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by Night Tap, including, but not limited to, any Voucher which you may purchase on this Site. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Night Tap assumes no responsibility or liability for the quality or safety of any of the Vouchers which are available on this website, or for a Customer's use of such Voucher. When you use this website, you do so at your own risk, and in consideration of the fact that Night Tap assumes no liability for damages of any kind arising out of your use or failure to use this Site and its Services. In no event shall Night Tap, or its affiliates, officers, directors, employees, consultants, agents, and representatives be liable for any third party claims or losses of any nature, including, but not limited to, claims for lost profits, punitive, or consequential damages. In no event shall Night Tap, or its affiliates, officers, directors, employees, consultants, agents, and representatives be held liable for the defamatory, offensive, or illegal conduct of other users or third parties. Further, Night Tap assumes no responsibility for the content that any user posts on its site or any affiliated site.

Third Party Websites. Night Tap has no control over, and no liability for any third party websites or materials. Night Tap may work with partners and affiliates whose internet content and performance of any third party website, and Night Tap makes no guarantee about the accuracy, currency, content, or quality of the information provided by such sites, and Night Tap assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful conduct that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to websites) that are owned and operated by third parties. You acknowledge and agree that Night Tap makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the Terms of third party website shall govern your use of any and all third party content.

Hardware/Software/Relevant Personal Equipment. You are entirely responsible for possessing equipment which you will use in related to this site, such as computer hardware and software, modems, wireless adapters, and telephone lines. Night Tap assumes absolutely no liability for any damages to any of your personal electronic and other equipment which occurs while you are using, or attempting to use, our Site and its Services. When you access our Site and its Services, you do so at your own risk.

Prohibited Sites. Night Tap imposes certain restrictions on your permissible use of this Site and of the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, a) accessing content or data that is not intended for you, or logging on to a server or account that you are not authorize to access; b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network; c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products; e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the service; or f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Night Tap in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity. You agree to indemnify Night Tap for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Night Tap, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of this Site, your violation of these Terms and Conditions, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Night Tap will notify you promptly of any such claim, loss, liability or demand.

Night Tap's Right to Monitor the Site. Night Tap has the right to monitor this Site at any time, at its discretion, for any purpose and to comply with an applicable local, state, federal, or international law, rule, or regulation.

Night Tap's Broad, Excusive Discretion Regarding Use of Site and Services. Night Tap reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Other Rules/Guidelines/Limitations. Any and all other rules, restrictions, limitations, guidelines, specifications, and policies which are listed on this Site are incorporated herein by this reference.

Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

Arbitration. Any disputes, controversies, or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination, shall be referred to and finally determined by arbitration in Los Angeles, California before a single arbitrator who is a member of the American Arbitration Association, from which arbitration there shall be no appeal. Such arbitration shall be held in Los Angeles, California, in accordance with the Commercial Rules of the American Arbitration Association with the governing law to be that of the State of the defendant and the laws of the United States applicable therein. The award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the reward rendered by the arbitrator may be entered in any court of competent jurisdiction.

Severability; Waiver. If, for whatever reason, any term or condition in these Terms and Conditions is found to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver or any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License. Nothing contained on this Site should be understood as granting you a license to use any trademark, service mark, or logo owned by the Night Tap, or by any third party.

Entire Agreement. These Terms and Conditions, and the applicable integrated policies, rules, and regulations constitute the entire agreement between the Parties with respect to the subject matter hereof and referenced herein, and supersedes and terminates any prior agreements between the Parties (written or oral) with respect to the subject matter hereof.

Modifications.Night Tap may, in its sole discretion and without prior notice, 1) Revise these Terms and Conditions; b) modify the Site and/or Service; and c) discontinue the Site and/or Service at any time. Night Tap shall post any revisions, changes, or modification to these Terms and Conditions to the Site and the revision, change, or modification shall be effective immediately upon such posting. You agree to review these Terms and Conditions and the incorporated Privacy Policy periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Questions. Questions regarding our Terms and Conditions, Privacy Policy, or other policy-related matters can be directed to our staff by e-mailing us at support@nighttap.com.

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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