In addition to the Standard ELUA found here the following terms apply:
- All media including but not limited to images and videos are the property of the individual locations participating in Miami Nightlife and/or Sobetech. Individual locations participating in Miami Nightlife and Sobetech do allow the user of this application to use the media for the purposes allowed by the normal usage of the application.
- Any media sent by users of this application to Miami Nightlife and Sobetech assign full usage rights of the media to Sobetech for not only for the purposes of inclusion in the application, but also for any promotional materials and applications
- You agree to not use Miami Nightlife to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Sobetech official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sobetech Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit, or otherwise make available any material that 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;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Sobetech are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Miami Nightlfie or servers or networks connected to the Miami Nightlfie, or disobey any requirements, procedures, policies or regulations of networks connected to the Miami Nightlfie, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Sobetech may or may not pre-screen Content, but that Sobetech and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Miami Nightlfie. Without limiting the foregoing, Sobetech and its designees shall have the right to remove any Content that violates the TOS or is 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. In this regard, you acknowledge that you may not rely on any Content created by Sobetech or submitted to Sobetech, including without limitation information in Sobetech Message Boards and in all other parts of the Miami Nightlfie.
You acknowledge, consent and agree that Sobetech may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Sobetech, its users and the public.
You understand that the Sobetech and software embodied within the Miami Nightlfie may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Sobetech and/or content providers who provide content to the Miami Nightlfie. You may not attempt to override or circumvent any of the usage rules embedded into the Miami Nightlfie. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Miami Nightlfie, in whole or in part, is strictly prohibited.