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Metropolis Nights, LLC. (“metropolis nights” or “we”) operates MetropolisNights.com, which is a Concierge and social networking service that allows its Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Metropolis Nights include any Metropolis Nights-branded URL (the "Metropolis Nights Website"), the Metropolis Nights instant messaging service, the Metropolis Nights application developer service and other features (for example, music and video embedded players), Metropolis Nights mobile services, and any other features, content, or applications offered from time to time by Metropolis Nights in connection with Metropolis Nights’s business (collectively, the "Metropolis Nights Services"). The Metropolis Nights Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Metropolis Nights Services. By using the Metropolis Nights Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Metropolis Nights Website, including through a mobile device, or otherwise use the Metropolis Nights Services without being registered) or you are a "Member" (which means that you have registered with Metropolis Nights). The term "User" refers to a Visitor or a Member. You are only authorized to use the Metropolis Nights Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Metropolis Nights Website and discontinue use of the Metropolis Nights Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Metropolis Nights Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Metropolis Nights's policy for acceptable use of the Metropolis Nights Services and Content (as defined in Section 6.1 below) posted on or through the Metropolis Nights Services and your rights, obligations and restrictions regarding your use of the Metropolis Nights Services and Content posted on or through the Metropolis Nights Services. In order to participate in certain Metropolis Nights Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Metropolis Nights. Unless otherwise provided by the additional terms and conditions applicable to the Metropolis Nights Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@MetropolisNights.com, Subject: Terms of Use Agreement.
Metropolis Nights may modify this Agreement from time to time and such modification shall be effective upon posting by Metropolis Nights on the Metropolis Nights Website. Your continued use of the Metropolis Nights Services after Metropolis Nights posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Metropolis Nights Services and that you provide to other Users. Your Metropolis Nights profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Metropolis Nights Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Metropolis Nights assumes no responsibility or liability for this material. If you become aware of misuse of the Metropolis Nights Services by any person, please click on the "Contact Metropolis Nights” or the “Report Abuse” link at the bottom of the Metropolis Nights Website pages.
Metropolis Nights reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Metropolis Nights Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Metropolis Nights expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Metropolis Nights Services if Metropolis Nights determines, in its sole discretion, that you have violated this Agreement or pose a threat to Metropolis Nights and/or its Users.
1. Eligibility. Use of the Metropolis Nights Services and registration to be a Member for the Metropolis Nights Services (“Membership”) is void where prohibited. By using the Metropolis Nights Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Metropolis Nights Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Metropolis Nights Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Metropolis Nights may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Metropolis Nights reserves the right to charge for any portion of the Metropolis Nights Services and to change its fees (if any) from time to time in its discretion. If Metropolis Nights terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Metropolis Nights immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Metropolis Nights Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Metropolis Nights. Metropolis Nights reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Metropolis Nights Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Metropolis Nights Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Metropolis Nights reserves the right to take appropriate legal action for any illegal or unauthorized use of the Metropolis Nights Services.
6. Proprietary Rights in Content on Metropolis Nights.
6.1 Metropolis Nights does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Metropolis Nights Services. After posting your Content to the Metropolis Nights Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Metropolis Nights Services, you hereby grant to Metropolis Nights a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Metropolis Nights Services, including without limitation distributing part or all of the Metropolis Nights Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Metropolis Nights Website. This limited license does not grant Metropolis Nights the right to sell or otherwise distribute your Content outside of the Metropolis Nights Services. After you remove your Content from the Metropolis Nights Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Metropolis Nights Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Metropolis Nights Website as soon as practicable after you make the change.
6.2 The license you grant to Metropolis Nights is non-exclusive (meaning you are free to license your Content to anyone else in addition to Metropolis Nights), fully-paid and royalty-free (meaning that Metropolis Nights is not required to pay you for the use on the Metropolis Nights Services of the Content that you post), sublicensable (so that Metropolis Nights is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Metropolis Nights Services), and worldwide (because the Internet and the Metropolis Nights Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Metropolis Nights Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Metropolis Nights Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Metropolis Nights Services.
6.4 The Metropolis Nights Services contain Content of Metropolis Nights ("Metropolis Nights Content"). Metropolis Nights Content is protected by copyright, trademark, patent, trade secret and other laws, and Metropolis Nights owns and retains all rights in the Metropolis Nights Content and the Metropolis Nights Services. Metropolis Nights hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Metropolis Nights Content (excluding any software code) solely for your personal use in connection with viewing the Metropolis Nights Website and using the Metropolis Nights Services.
6.5 The Metropolis Nights Services contain Content of Users and other Metropolis Nights licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Metropolis Nights Services.
6.6 Metropolis Nights performs technical functions necessary to offer the Metropolis Nights Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Metropolis Nights Services.
7. Content Posted.
7.1 Metropolis Nights may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Metropolis Nights violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Metropolis Nights assumes no responsibility for monitoring the Metropolis Nights Services for inappropriate Content or conduct. If at any time Metropolis Nights chooses, in its sole discretion, to monitor the Metropolis Nights Services, Metropolis Nights nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Metropolis Nights Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Metropolis Nights Services. Metropolis Nights reserves the right to investigate and take appropriate legal action against anyone who, in Metropolis Nights's sole discretion, violates this provision, including without limitation, removing the offending Content from the Metropolis Nights Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Metropolis Nights:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Metropolis Nights such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Metropolis Nights Website and through your use of the Metropolis Nights Services. Metropolis Nights reserves the right to investigate and take appropriate legal action against anyone who, in Metropolis Nights's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Metropolis Nights Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Metropolis Nights reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Metropolis Nights deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Metropolis Nights Services, you acknowledge that you will have caused substantial harm to Metropolis Nights, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Metropolis Nights $50 for each such unsolicited email or other unauthorized commercial communication you send through the Metropolis Nights Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Metropolis Nights Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any Metropolis Nights page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Metropolis Nights Services or the networks or services connected to the Metropolis Nights Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for band, comedy, filmmaker and other profiles containing a Metropolis Nights player, copying the code for your Metropolis Nights Player and embedding it (or directing others to embed it) anywhere other than your band profile on Metropolis Nights;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the Metropolis Nights Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Metropolis Nights Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
8.30 using the Metropolis Nights Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. Metropolis Nights respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Metropolis Nights has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Metropolis Nights Services in a way that constitutes copyright infringement, please send Metropolis Nights's Copyright Agent a notification of claimed infringement with all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Metropolis Nights Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Metropolis Nights's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Metropolis Nights, LLC.,2403 mesquite valley, mesquite, tx; phone: (972) 464-8181; Attn: Copyright Agent. Metropolis Nights's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here. Metropolis Nights provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Metropolis Nights Members. Metropolis Nights reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Metropolis Nights Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Metropolis Nights is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Metropolis Nights Services, whether caused by Users of the Metropolis Nights Services or by any of the equipment or programming associated with or utilized in the Metropolis Nights Services and such User Content does not necessarily reflect the opinions or policies of Metropolis Nights. Profiles and third party applications created and posted by Members on the Metropolis Nights Website may contain links to other websites. Metropolis Nights is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Metropolis Nights. Inclusion of any linked website on the Metropolis Nights Services does not imply approval or endorsement of the linked website by Metropolis Nights. When you access these third party sites, you do so at your own risk. Metropolis Nights takes no responsibility for third party advertisements or third party applications that are posted on or through the Metropolis Nights Services, nor does it take any responsibility for the goods or services provided by its advertisers. Metropolis Nights is not responsible for the conduct, whether online or offline, of any User of the Metropolis Nights Services. Metropolis Nights assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Metropolis Nights is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Metropolis Nights Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Metropolis Nights Services. Under no circumstances shall Metropolis Nights be responsible for any loss or damage, including personal injury or death, resulting from use of the Metropolis Nights Services, attendance at a Metropolis Nights event, from any User Content posted on or through the Metropolis Nights Services, or from the conduct of any Users of the Metropolis Nights Services, whether online or offline. The Metropolis Nights Services are provided "AS-IS" and as available and Metropolis Nights expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Metropolis Nights cannot guarantee and does not promise any specific results from use of the Metropolis Nights Services.
13. Limitation on Liability. IN NO EVENT SHALL METROPOLIS NIGHTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE METROPOLIS NIGHTS SERVICES, EVEN IF METROPOLIS NIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, METROPOLIS NIGHTS'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 METROPOLIS NIGHTS FOR THE METROPOLIS NIGHTS SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the Metropolis Nights Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Metropolis Nights Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and Metropolis Nights agree to submit to the exclusive jurisdiction of the courts located within the State of Texas to resolve any dispute arising out of the Agreement or the Metropolis Nights Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold Metropolis Nights, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Metropolis Nights Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Metropolis Nights Services causes Metropolis Nights to be liable to another.
17. Other. This Agreement is accepted upon your use of the Metropolis Nights Website or any of the Metropolis Nights Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Metropolis Nights regarding the use of the Metropolis Nights Services. The failure of Metropolis Nights to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Metropolis Nights is a trademark of Metropolis Nights, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Metropolis Nights with any questions regarding this Agreement.
MEMBERSHIP POLICY/AGREEMENT/TERMS
By signing this document or checking the box on the website stating that you have read and accept the VIP membership agreement, you acknowledge and agree to all the terms, policies, agreements, and statements in this VIP Membership Agreement. All membership cards are property of Metropolis Nights. All benefits honored by presenting membership card are considered a privilege and are subject to change at anytime by the vendor offering the privilege. Privileges are only afforded to the individual that the membership card is currently assigned to by Metropolis Nights LLC. METROPOLIS NIGHTS WILL DO ITS BEST TO ENSURE THAT YOU ALWAYS RECEIVE THE VENDORS LISTED BENEFITS LOCATED ON THE VENDORS METROPOLIS NIGHTS WEBPAGE LISTED IN THE NETWORK SECTION OF THE WEBSITE OR ON THE WEBSITE “LOBBY” PAGE .However because this is a privilege Metropolis Nights and its network vendors are not obligated to honor any listed benefits and can revoke membership at anytime for any reason, and reserve the right to refuse service to anyone. Metropolis Nights will do its best to keep the list of network vendors and their benefits up to date and as current as possible. You can not hold any legal action against or receive refund from Metropolis Nights or its network for refusal of: service, listed or unlisted privileges, benefits, or any other reason regardless of payment. METROPOLIS NIGHTS IS DEDICATED TO KEEPING YOU HAPPY. AND WILL DO IT’S BEST TO KEEP YOU RECEIVING YOUR PRIVILEGES, AND LISTED BENEFITS UPDATED. By signing this document or checking the box stating that you have read and accept the VIP membership agreement. You agree to become a Metropolis Nights VIP member and a profile on metropolisnights.com will be created and listed for you. At which time you may take control of said profile irregardless of control you are considered the owner of that profile and assume all responsibility for the content displayed. No Pornographic, racial, or derogatory material is allowed on the profile. Violation of such will result in immediate removal of material and any fines or legal action brought against Metropolis Nights LLC for such material will immediately be transferred to you as the owner of the profile and you agree to assume all responsibility. As long as your membership is active or you are being charged a membership fee by Metropolis Nights LLC you must keep your profile listed on metropolisnights.com.
MEMBERSHIP BILLING POLICY
A contractual agreement has been reached between you and Metropolis Nights LLC. The length of your obligated membership is ninety (90) days starting from the day of the first payment. You will be charged membership payment every thirty(30) days from the day of the first payment. At the end of your obligated time you will continue to be charged the listed membership fee every thirty (30) days therinafter unless you or Metropolis Nights cancels your membership. Therefore, you authorize your bank, bank card, debit card, credit card or credit card provider to make payments and or be charged by electronic processing, payment system, money transfer or any other payment method to Metropolis Nights LLC via the current payment method being used by Metropolis Nights LLC. Membership is a subscription and as such you acknowledge and agree to Metropolis Nights LLC retaining all billing information Metropolis Nights LLC Managers deem necessary. By signing this agreement you agree to be immediately charged the current listed membership fee and agree to that charge reoccurring every 30 days thereinafter. All billing is processed electronically automatically and with out warning. Listed membership fee can be found on the metropolis nights “lobby” webpage or in the services section of the website. Any balance due on your account from prior periods will be billed to you on the next regularly scheduled billing date. You are responsible for providing Metropolis Nights LLC with prior Notice of all payment source changes.
A thirty dollar ($30.00) return-processing fee will be charged to your account when a check or an EFT Billing is returned from a bank account or when a credit card is denied (i.e. insufficient funds, changed or closed account, over limit, etc.). If a return does occur, Metropolis Nights LLC can suspend or cancel this membership. You would then remain liable to Metropolis Nights LLC for full dues plus any return fees. After two consecutive returns on a membership, the total balance of your membership term will be charged on the next billing date. Change of payment method will not effect other provisions and terms of this agreement. All memberships and pricing are subject to change and availability.
MEMBERSHIP OPTIONS POLICY
Transfer
You may not transfer your membership to anyone else.
Freeze
You may not freeze your membership.
CANCELLATION POLICY
Cancellations of Membership Agreements
You may cancel memberships only by giving Metropolis Nights LLC prior Notice. Cancellation of membership during the obligated time will still make you liable and obligated for any payments upcoming or still due during the obligated time. At the end of the obligated time charges will stop. Notice must be received by Metropolis Nights LLC with in 7 days of your an upcoming billing cycle for cancellation to be effective at the end of your current cycle. If a cancellation request is received under 7 days of an up coming bill you will still be charged and, the cancellation will be effective at the end of your next billing cycle. Please mail in membership cancellation to:
Metropolis Nights
2403 mesquite valley
Mesquite TX, 75149
Or email at:
support@metropolisnights.com
Metropolis Nights LLC reserves the right to cancel any membership at anytime. If your membership is canceled by Metropolis Nights regardless of time of cancellation, you will not receive a refund for any monies already charged/paid. However Metropolis Nights will cease charging you the reoccurring 30 day membership fee. However Metropolis Nights LLC reserves the right to enforce the fine for not returning the Metropolis Nights membership card with in 14 days of cancellation.
After cancellation you must return the Metropolis Nights Membership card. Failure to return card with in 14 days of cancellation will result in a one time fifty dollar ($50.00) fine.
AUCTION POLICY
At the end of an auction the highest bidder will win. Any bid emailed to a Metropolis Nights domain email or posted on the website is binding and un-retractable. If you are the winner of an auction you authorize Metropolis Nights to automatically charge any of your register credit or debit cards immediately with no exceptions. Each auction may have its own additional terms and participating in the auction in any way means you agree to all terms with no exceptions. There are no re-funds on money paid for a winning bid in an auction.
REFUND POLICY
No refunds under any circumstances, all payments, charges, fines, and sales are final. No exceptions.
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