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  User Agreement
 
By using this site and/or submitting your original work or material to this site you agree to the terms and conditions of use listed below.

1. General statement
(A) This BAYNIGHTLIFE User Agreement (the "Agreement"), sets forth the terms and conditions that apply to use of BAYNIGHTLIFE.COM by each end user thereof. By using BAYNIGHTLIFE.COM (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 BAYNIGHTLIFE.COM 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 and received password(s), if any.
(B) BAYNIGHTLIFE shall have the right at any time to change or discontinue any aspect or feature of BAYNIGHTLIFE.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Changed Terms
BAYNIGHTLIFE shall have the right at any time to change or modify the terms and conditions applicable to End User, use of BAYNIGHTLIFE.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on BAYNIGHTLIFE.COM, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of BAYNIGHTLIFE.COM by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions.

3. Community Tools
Message Boards, Chat Rooms, Personal Profiles, Sound Off, Diaries, Guestbook, Baynightlife Mail, Instant Messaging, and Hot or Not all fall within the “Community Tools” category. Upon registering a Baynightlife membership, you agree that when using a Community Tool, you will not:

(A) Behavior.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
Restrict or inhibit any other user from using and enjoying the message boards.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(B) Termination.
BAYNIGHTLIFE reserves the right to terminate your access at any time without notice for any reason whatsoever.
(C) Monitoring.
BAYNIGHTLIFE has no obligation to monitor any area or function of the site. However, BAYNIGHTLIFE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at BAYNIGHTLIFE's sole discretion.
(D) Usage.
Community Tools are a public forum. Others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Community Tools. Always use caution when giving out any personally identifying information about yourself. The information, content and pictures posted by you on the Personal Profile page is done so at your own risk. BAYNIGHTLIFE is not responsible for its theft, copying or placing of that content, image or information on other sites on the world wide web. BAYNIGHTLIFE and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, BAYNIGHTLIFE and its affiliates specifically disclaim any liability with regard to the Community Tools and any actions resulting from your participation or the participation of others on any Community Tools. Moderators and hosts are not authorized spokespersons of BAYNIGHTLIFE or any of its affiliates, and their views do not necessarily reflect those of BAYNIGHTLIFE and its affiliates. They do, however, set standards on their own forums.
By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through BAYNIGHTLIFE, its Boards, Chat, Personal Profile page and any other Community Tool, you are granting BAYNIGHTLIFE and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

4. Submissions
BAYNIGHTLIFE will have full rights for editing and rewriting of articles and/or submissions as necessary. BAYNIGHTLIFE reserves the right to not display or post any submissions we deem inappropriate or unacceptable. No age, gender, race or geographical limitations of any sort will be imposed. By submitting material to BAYNIGHTLIFE, you agree that BAYNIGHTLIFE can display, modify, transmit, publish, distribute or delete your posting without needing prior or further consent from you. All submissions become the property of BAYNIGHTLIFE. Submissions may be removed by BAYNIGHTLIFE at any time at our sole discretion. Authors who submit their works, material, artwork, graphics, ideas or content to us retain their copyrights, but grant BAYNIGHTLIFE irrevocable world wide, royalty-free, non-exclusive rights to reproduce and distribute their submitted material in printed form or by any other medium either now known or hereinafter devised, and forego any payment or compensation for the submitted material. They also certify that this material (written and photos) is their own original material (unless otherwise stated) and does not violate any copyrights. All submissions will be considered.

5. Account Access
In order to ensure that BAYNIGHTLIFE is able to provide high-quality services that are responsive to members' needs, you agree that BAYNIGHTLIFE employees have access to your account and records as reasonably needed to investigate complaints.

6. Copyright
All content, graphic design, artwork and layout are Copyright © BAYNIGHTLIFE. Unless otherwise noted. All rights reserved. BAYNIGHTLIFE is a service mark of BAYNIGHTLIFE, LLC.

7. Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAYNIGHTLIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAYNIGHTLIFE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAYNIGHTLIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BAYNIGHTLIFE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Indemnification
You will indemnify, defend and hold us, and our sponsors, employees, officers, directors, agents, representatives, affiliates, and suppliers, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; or (b) your activities in connection with the Services.

9. Guidelines of BAYNIGHTLIFE
For the benefit of the entire BAYNIGHTLIFE community, and to comply with applicable laws, we have a few mandatory guidelines that we call "Guidelines of BAYNIGHTLIFE." We hope you will find them reasonable. Please understand, though, that any conduct that violates the Guidelines of BAYNIGHTLIFE is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.
(A) Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself as requested in the BAYNIGHTLIFE registration forms (we call this information "Registration Data"). Accurate records help us create a better site and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
(B) Guard Your Password.
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account. And you are fully responsible for all activities that occur using your password or account. Please notify BAYNIGHTLIFE immediately of any unauthorized use of your password or account or any other breach of security.
(C) Obey the Law.
You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.
(D) Content Restrictions.
BAYNIGHTLIFE attempts to provide some of the very best content available on the web and make it available to You on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of the BAYNIGHTLIFE site are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on the BAYNIGHTLIFE site is strictly prohibited without the prior written permission of BAYNIGHTLIFE. Content that is publicly available on the BAYNIGHTLIFE site may not be stored in a computer, except for personal and non-commercial use.
(E) Limits On Uses of User Information
By using any of the BAYNIGHTLIFE site you agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user's (whether specific to any particular user or as an aggregation) information accessible through BAYNIGHTLIFE. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences at a site or network outside of BAYNIGHTLIFE; using the data for targeted marketing campaigns not affiliated with BAYNIGHTLIFE; or using the data to offer services to BAYNIGHTLIFE users. BAYNIGHTLIFE reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.

10. No Endorsement of Member Content
You acknowledge and agree that the BAYNIGHTLIFE site does not endorse the content of any member and is not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the BAYNIGHTLIFE site does not pre-screen all content, but that the BAYNIGHTLIFE site and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.

11. Limitation of Liability
You agree that the BAYNIGHTLIFE site will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the BAYNIGHTLIFE site has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.
The BAYNIGHTLIFE site provides information of a general nature and is designed for informational and entertainment purposes only and is not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The BAYNIGHTLIFE site does not endorse any of the treatments, medications, or products discussed herein.
 
 
 
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