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Company Name: (*)
Name of Organization (If Different From Above): (*)
Owner's First Name: (*)
Owner's Last Name: (*)
Address (*)
City: (*)
State: (*)
Zip: (*)
Website Address (i.e. http://www.google.com): (*)
Company E-mail (Public) (*)
Phone 1 (Public): (*)
Description: (*)
Catagory / type of business (Please check all that apply) (*)
Bar
Club - Dance
Club - Lounge
Fitness - gyms
Mechanic
Other
Persoanl Services - (Private Providers)
Pub
Restaurant
Restaurant - Diner
Restaurant - seafood
Restaurant - steakhouse
Restaurant - Sushi
Salon - Hair
Salon - Massage Therapy
Salon - Nails
Salon - Personal Care
Services - Professional (ie: Doctor, Lawyer, Plumber)
Services - Transportation
Shopping
Shopping - Clothing
Accepted Payment Note (i.e. Visa, MasterCard): (*)
Business Hours Note (i.e. Mon 9AM ~ 11PM): (*)
Primary Point of Contact (*)
Primary Point Of Contact Phone Number (*)
Point Of Contact Email (*)
I have read the terms and conditions on your website and agree to follow them.

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT

1.1 The Metropolis Nights Network Directory Service ("Metropolis Nights Network Directory" or the "Service" or the “network”), owned and operated by Metropolis Nights, LLC. ("Metropolis Nights"), is provided to you ("you" or "Applicant" or “Vendor” “Company”) under the terms and conditions of this Metropolis Nights Agreement (the "Agreement").

1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON OR BOX, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. YOU ALSO ATTEST THAT YOU ARE LEGALLY ALLOWED TO ENTER THIS COMPANY INTO AN AGREEMENT.

1.3 Metropolis Nights reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.

2.0 DESCRIPTION OF METROPOLIS NIGHTS DIRECTORY SUBMIT SERVICE

2.1 Metropolis Nights Network Directory Service is a FREE service that allows you to have your company listed on the Metropolis Nights network for exposure to Metropolis Nights Members and others. Inclusion in the Directory is not guaranteed or automatic and each submission for listing is subject for review. Subject to the terms below, and in Metropolis Nights’ sole discretion, if your company is accepted for inclusion in the Directory through Metropolis Nights on or after November 15, 2010, then your Companies continued inclusion in the Directory will be subject to an additional review each year to ensure Metropolis Nights want of this listing. When you submit through Metropolis Nights Directory Form, Metropolis Nights directory team will review your company for acceptance and respond to your request for inclusion in the Directory on an expedited basis.

2.2 NOTHING IN THIS AGREEMENT OBLIGATES METROPOLIS NIGHTS TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR COMPANY ANYWHERE ON METROPOLIS NIGHTS OR IN THE DIRECTORY. IN ADDITION, IF YOUR COMPANY IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES METROPOLIS NIGHTS TO PLACE YOUR COMPANY WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR COMPANY.

2.3 YOUR REPRESENTATIONS REGARDING YOUR COMPANY
You represent and warrant that the Company you are submitting for consideration and listing does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the company submitted for consideration comply with all applicable laws and regulations.

3.0 TERMS FOR JOINING THE NETWORK

3.1 By submitting this form to Metropolis Nights, the Company agrees to follow the terms set fourth here in.

3.2 GENERAL TERMS PERTAINING TO ALL THAT SUBMIT THIS FORM COMPANIES

3.2.1 All Companies must agree to give 15% off all tabs and services for Metropolis Nights card holders

3.2. Additional terms for pubs, bars, clubs, and lounges, and / or any other company that may charge an entrance fee.

3.2.1 All Clubs allow Metropolis Nights card holds to skip any line for entrance into the company.

3.2.2 All clubs will waive any entrance or “cover” fee for all Metropolis Nights card holders at all times.

3.3 Metropolis Nights is allowed to advertise inside, outside and around the Company’s location. The company must at all times display for its clientele in plain view a Metropolis Nights plaque expressing its participation on the Metropolis Nights network and certifying the terms the Company adheres to benefiting Metropolis Nights Card holders privileges.

3.4 Metropolis Nights sales representatives are allowed to enter and sell Metropolis Nights Memberships inside, outside, and around the Company’s location.

4.0 SELECTION AND LISTING OF COMPANY’S

4.1 Metropolis Nights reserves the right to decide whether, where, and how a Company is listed in the Directory. If Metropolis Nights accepts your Company for inclusion in the Directory, Metropolis Nights will consider your preferences, but reserves the right to list your Company in any category or subcategory as Metropolis Nights deems appropriate, in its sole discretion. Metropolis Nights reserves the right not to include any specific keywords, comments, or annotations with the listing of a Company in the Directory.

4.2 Metropolis Nights also reserves the right, in its sole discretion, to remove your Company from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the Company. Please note: Metropolis Nights Directory does not accept listings for online gambling Company’s and prescription drug Company’s. Online gambling Company’s are those that have gambling as their central theme, including those that accept wagers or require payment in exchange for the chance to win prizes, as well as Company’s that offer both information and links related primarily to the promotion of online gambling. Prescription drug Company’s are those that sell prescription drug products, as well as Company’s that offer information or links related primarily to the sale of prescription drugs.

5.0 FEEDBACK

5.1 Metropolis Nights will contact Applicant by email describing whether the Company has been accepted or rejected. Acceptance is a privilege not a right or guaranteed.

6.0 TERMINATION

6.1 If you wish to terminate participation in the Metropolis Nights Directory you must send a notice to Metropolis Nights as set forth in Section 11.

7.0 INDEMNITY

Applicant agrees to indemnify, defend and hold harmless Metropolis Nights, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested Company, any alleged violation of this Agreement, or any alleged violation of any rights of others. Metropolis Nights reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

8.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

8.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

8.2 METROPOLIS NIGHTS, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF METROPOLIS NIGHTS IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, METROPOLIS NIGHTS'S ACCEPTANCE OR REJECTION OF A SUGGESTED COMPANY, OR METROPOLIS NIGHTS'S CONTINUED LISTING OF A COMPANY IN THE DIRECTORY.

9.0 FORCE MAJEURE

9.1 Metropolis Nights is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

10.0 NOTICES

10.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Metropolis Nights, such notices shall be addressed to dirsubmit-billing@metropolisnights.com or to Metropolis Nights Directory Submit Producer at 56 C East Blackwell, New Jersey, 07801, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Yahoo is notified of any changes to Applicant's address as specified in this Section.

11.0 ENTIRE AGREEMENT

11.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Metropolis Nights Terms of Service and the Metropolis Nights Privacy Policy.

12.0 GENERAL

12.1 The Agreement and the relationship between Applicant and Metropolis Nights are governed by the laws of the state of the applicants primary place of business, without regard to that state's conflict of laws rules. Applicant and Metropolis Nights hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of Texas for the County of Dallas or the United States District Court for the Northern District of Texas for the resolution of disputes arising from or in connection with this Agreement. Metropolis Nights's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of Texas for the County of Santa Clara or the United States District Court for the Northern District of Texas within one (1) calendar year after such claim or cause of action arose or be forever barred.

I have read the terms and conditions on your website and agree to follow them. (*)


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