Terms of Service of Nightclub

Effective Date: Feburary 15, 2024

Welcome to Nightclub, a mobile application ("App") provided by With Bytes ("Company", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of the Nightclub app and any services offered through the app (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

1. Use of the Service

The Service is intended for users who are at least 18 years old. By accessing or using the Service, you represent and warrant that you are 18 or older and have the full authority to agree to these Terms.

2. Account Registration

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3. User Conduct

You are responsible for all activities that occur under your account. You agree not to use the Service to:

• Engage in any illegal activities or conduct that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Violate the rights of others, including privacy and intellectual property rights.
• Transmit any malware, viruses, or harmful computer code.

4. Content

You retain all rights in, and are solely responsible for, the content you post or transmit through the Service. However, by posting content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such content in any existing or future media.

5. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and share your personal information.

6. Modifications to the Service

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

8. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

In no event shall the Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

10. Content and Conduct Disclaimer

The Company does not control, endorse, or take responsibility for any content posted by users or any actions taken by users of the Service. You agree that the Company shall not be responsible for any loss or damage incurred as the result of such interactions. Content posted by users does not necessarily reflect the opinion of the Company. You release us from all liability relating to your connections and interactions with other users of the Service. The Company disclaims all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or "hackers").

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is established, without giving effect to any principles of conflicts of law.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make changes, we will post the amended Terms and update the "Effective Date" above. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the terms.

13. Contact Us

If you have any questions about these Terms, please contact us at hello@withbytes.com.