Terms And Conditions

Effective Nov 27, 2023

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Niche Night Out (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. 

Niche Night Out ("Niche Night Out," "we," "us," "our") provides its services (described below) to you through its websites located at https://www.nichenightout.com (the "Site") (including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes. 

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.nichenightout.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service 

Services Description 

Niche Night Out - The Niche Night Out Service helps you find things to do in Amsterdam. All of the core features are available once you have created a Niche Night Out account via info form. Niche Night Out retains any information or content you created after creating an account regardless of the active status of your account. If you would like us to completely remove the details of your account and any associated information or content created, please click here

Your Registration Obligations 

You may be required to register with the Services in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. 

Member Account, Password and Security 

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Niche Night Out of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Services. Niche Night Out will not be liable for any loss or damage arising from your failure to comply with this Section. 

General Practices Regarding Use and Storage 

You acknowledge that Niche Night Out may establish general practices and limits concerning use of the Services and the maximum storage space that will be allotted on Niche Night Out's servers on your behalf. You agree that Niche Night Out has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Niche Night Out reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Niche Night Out reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

Conditions of Use 

User Conduct 

You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, share, post, publish, display or otherwise transmit (hereinafter, "transmit") or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Niche Night Out. Niche Night Out reserves the right to investigate and take appropriate legal action against anyone who, in Niche Night Out's sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to: 

a. email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Niche Night Out, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Niche Night Out or its users to any harm or liability of any type; 

b. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; 

c. violate any applicable local, state, national or international law, or any regulations having the force of law; 

d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

e. solicit personal information from anyone under the age of 18; 

f. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 

g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; 

h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or 

i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services. 

Intellectual Property Rights 

Service Content, Software and Trademarks 

You acknowledge and agree that the Services may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Niche Night Out, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Niche Night Out from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith (for example, mobile applications, badges and other widgets) is the property of Niche Night Out, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Niche Night Out. 

Other Niche Night Out, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Niche Night Out. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Niche Night Out Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Niche Night Out Trademarks will inure to our exclusive benefit. 

Third Party Material 

Under no circumstances will Niche Night Out be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Services. You acknowledge that Niche Night Out may not pre-screen content, but that Niche Night Out and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Niche Night Out and its designees will have the right to remove any content that violates these Terms of Services or is deemed by Niche Night Out, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

© 2023 Niche Night Out

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