- Disclaimers. DateNightCincy does not promise or guaranty that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its content are delivered on an “as-is” basis. DateNightCincy also reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice. DateNightCincy disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. By use of the Website, you agree that DateNightCincy will not be liable for any modification, suspension or discontinuance of the Website or of any content, feature or service offered through the Website.
- Rights & Limited Right to Use. DateNightCincy hereby grants you permission to access and use the Website as set forth in this Agreement provided that:
You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website through hacking, cracking, mining, phishing or any other means. You agree not to interfere or attempt to interfere with the use of the Website by other users.
- Limit on Liability. In no event shall DateNightCincy, its officers, directors, employees, agents, or its affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages. You agree that there is no such liability even in the event that DateNightCincy is notified beforehand of the possibility of damages. You agree that the liability, if any, of DateNightCincy, its officers, directors, employees, agents, or its affiliates arising out of any legal claim connected to the Website is limited to the amount you paid DateNightCincy to use the Website or its services. In States that do not allow such limitations of damages for certain legal categories, the limitations will be limited to the extent permitted by the state.
- Indemnity. You agree to indemnify, defend and hold harmless DateNightCincy, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of the Agreement.
- User Accounts. Certain features of the Website may require the use of an account including an account identifier and a password. You are solely responsible for maintaining the confidentiality of your account information and activity. You agree to immediately notify DateNightCincy of any unauthorized use of your account. You agree that in the event of unauthorized use of your account, you are responsible for any loss or damage arising from your failure to comply with these obligations.
- Copyright Information. The Website and its contents are intended for your personal use. The Website contains copyrighted material, which may include, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, music and sound. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Website content. You may download or copy one copy of the Website content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice or other proprietary notices.
Copyright owners or agents thereof that believe a user submission, or other Website content, infringes their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act by providing DateNightCincy with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Name: Jason M. Theobald, Esq.
9933 Alliance Road
Cincinnati, Ohio 45242
- Trademarks “DateNightCincy”, “Reach”, “ReachUSA,” are trademarks and/or service marks of DateNightCincy and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of DateNightCincy. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of DateNightCincy’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.8. User Submissions. Responsibility for what is posted on the Website or submitted to the Website by users lies with each user. You alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use the Website to send or submit materials:
- that are false, inaccurate or misleading;
b. that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g. that might create liability for DateNightCincy or might cause us to lose (in whole or in part) the services of its Internet service providers or other suppliers;
h. that interfere with the ability of others to enjoy the Website;
i. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of DateNightCincy;
j. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
k. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
l. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
DateNightCincy does not accept unsolicited materials or ideas for use in its publications, other media or business. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against DateNightCincy regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.
- Privacy, Subscriptions, Tickets & Products. You can sign up for subscriptions, which will be renewed monthly or at yearly intervals. You can purchase products and event ticketing through the website. DateNightCincy collects no personally identifiable data about you, EXCEPT that data that you specifically and knowingly provide in order to create your account, purchase merchandise or tickets. Personally identifying information provided by you will be used in connection with the Website or DateNightCincy related affairs. Such information will not be transferred to any other parties unless otherwise stated at the time of collection or required by law. Persons under 18 years of age must obtain parental permission before providing any personally identifying information. DateNightCincy is not responsible for personally identifiable information you submit to third parties. By using the Website, you are aware that any personal information you disclose in a bulletin board, post, chat area or other publicly viewable forum can be collected and used by other users and may result in unsolicited messages from other users.
- Third Party Websites. The Website may contain links to other independent third-party websites. These third-party websites are provided solely as a convenience to the users. Such third-party websites are not under DateNightCincy’ control, and DateNightCincy is not responsible for and does not endorse the content of those sites, including any information or materials contained on those sites.
- Dispute Resolution. You agree not take any legal action against DateNightCincy that relates to or arises out of the Website without first (a) sending DateNightCincy, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with DateNightCincy, in good faith, for not less 30 days, toward resolution of the dispute.
- Miscellaneous. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Agreement, such provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for convenience only and shall not be given any legal import. This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.