TERMS of Service
ACCEPTANCE OF TERMS AND CONDITIONS
The website provides an interactive online service operated by Atnight.com (herein referred to as "The website") on the World Wide Web of the Internet (the "Web"), consisting of photos, information services, content and transaction capabilities provided by Atnight.com, and other 3rd parties, which are intended for entertainment purposes.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Atnight.com, and shall not be responsible for any data lost while transmitting information on the Internet. While it is the objective of Atnight.com to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Atnight.com, access to the Site may be interrupted, suspended or terminated from time to time. Atnight.com shall have the right at any time to change or discontinue any aspect or feature of the website including, but not limited to, deleting photos, editing content, hours of availability and equipment needed for access or use. Further, Atnight.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Atnight.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Atnight.com, its subsidiaries, affiliates and its 3rd party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NEITHER ATNIGHT.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, 3RD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT ATNIGHT.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR 3RD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL ATNIGHT.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ATNIGHT.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY 3RD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ATNIGHT.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ATNIGHTCOM. MOREOVER, ATNIGHT.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, ATNIGHT.COM, DEEMS UNSUITABLE.
Atnight.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms, blogs, forums, tagging, reviews, picture comments and/or rating system that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Atnight.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Atnight.com shall have the right to remove any material that Atnight.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. License Grant
By posting or uploading communications, photos or any other type of content on or through this Site, End User shall be deemed to have granted Atnight.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Atnight.com, its affiliates and their respective directors, officers, advertisers, clients, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by End User.
Atnight.com may terminate this Agreement at any time. Without limiting the foregoing, Atnight.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Atnight.com, in its sole discretion, considers being unacceptable, or in the event of any breaching by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 9, 10, 11, 12 will survive termination of this Agreement.
Atnight.com is a trademark of Atnight Holdings, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Atnight.com are the property of their respective owners.
TERMS OF SALE
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The Atnight.com voucher you purchase is redeemable for goods or services by the seller of such goods and services hereinafter defined as "Merchant." The Merchant, not Atnight.com, is the seller of the goods and services and is solely responsible for redeeming any vouchers you purchase. Atnight.com sells vouchers that can be redeemed in connection with your purchase of the goods or services from 3rd party Merchants. Any refunds or chargebacks must be handled directly with the Merchant not Atnight.com.
1. Terms and Conditions for Restaurant Coupons/Deals.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of coupons. Redemption frequency is determined by Restaurants, and shall be contained in the coupon offer on the Site. Use of Restaurant-Specific coupon for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law coupons cannot be combined with any other restaurant coupons, 3rd party certificates, or promotions, unless otherwise specified by Restaurant. Restaurant-Specific coupons cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant. Valid for dine in only unless otherwise stated. The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law. Neither Atnight.com nor the Restaurant is responsible for lost or stolen coupons or restaurant coupon reference numbers. Reproduction, sale or trade of a Restaurant-Specific coupon is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific coupon void. Void to the extent prohibited by law.
If you redeem the coupon for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the coupon exceeds the amount you redeemed. For example, if you paid $20 for a coupon which entitles you to purchase $50 of product by February 1, 2012 and you make a purchase for $40 on January 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the coupon. For further details please consult with each individual merchant offering the coupon.
All purchases of coupons for Restaurants may have statutory limitations on the amount of the coupon value that can be redeemed for alcoholic beverages. For example, for customers purchasing coupons in some places, the redemption of the coupon may be subject to the limitations imposed by the state where you live, which imposes a limitation of redeeming coupons at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such coupon can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the coupon. Compliance with state statutes or codes the responsibility of the Merchant. Atnight.com. has the role in the transaction only as a marketing agent for the Merchant coupon, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Atnight.com has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant coupons
Merchant coupons may be applied only to merchandise, services and goods sold sold by Merchant, and may not be applied to shipping or handling charges. Limit per coupon per redemption is up to the merchant. Only one coupon can be used per order unless otherwise specified by Merchant. The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law. Neither Atnight.com nor the Merchant is responsible for lost or stolen coupons or coupon’s reference number. Coupons cannot be combined with any other coupons, 3rd party certificates, or promotions, unless otherwise specified by Merchant. Reproduction, sale or trade of this coupon is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these terms and conditions will render the coupon null and void. Void to the extent prohibited by law. If you redeem the coupon for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the coupon exceeds the amount you redeemed. For example, if you paid $20 for a coupon which entitles you to purchase $50 of product by February 1, 2012 and you make a purchase for $40 on January 30, 2012, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the coupon.
3. Additional Terms and Conditions for all coupons/deals
All coupons shall be subject to the terms and conditions of and managed by Atnight.com and the participating Restaurant, Club, Lounge or any other type of venue or Merchant. The Merchant, venue or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific coupon is the Restaurant. The holder and issuer of a Venue or Merchant coupon is the Venue or Merchant. As a holder and issuer of the coupon, the Restaurant, Venue or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant, venue or the Merchant, as well as for any unclaimed property liability arising from unredeemed coupons or portions thereof. You waive, and release Atnight.com and its officers, directors, employees, advertisers, client and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant, Venue or Restaurant in connection with a coupon or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the coupons or any portion thereof. Restaurant-Specific coupons, Venue and Merchant coupons are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your coupon for the cash value based on the money you actually paid for your coupon (i.e. if you paid $20 for a coupon which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the coupon. While the expiration date on the coupon dictates the last date that you can use your coupon at Merchant for the promotional offer stated on Atnight.com, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your coupon for a period of time beyond the expiration date stated on the coupon. In other words, you should be allowed to redeem the cash value (or purchase price) of your coupon up until the greater of: (1) the coupons’ expiration date; or (2) the minimum length of time allowed by applicable law for a coupon to expire. In the event that you have an expired coupon and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired coupon, and if applicable law entitles you to such redemption, then please contact the merchant, venue or restaurant [explain your situation in writing] and if they verify the claim, the Merchant, Venue or Restaurant may refund the purchase price of the coupon in either U.S. Dollars or credit for purchases of future coupons, according to their terms and conditions.