Terms and Conditions

Disclaimer

Metropolitan Nites is not a matchmaking service. Our goal is to help business people, singles, and others meet one another in a safe and comfortable setting. Metropolitan Nites does not have the ability to independently screen participants registering for its programs. For example, Metropolitan Nites does not verify personal information provided by its participants, such as marital status, age, place of employment, or any other aspects of their general background. It is up to you to confirm these issues to your own satisfaction.

By registering for a Metropolitan Nites event, you are agreeing that Metropolitan Nites is not liable for any damages, direct or indirect, that may in any way arise out of the Metropolitan Nites program. This includes, without limitation, damages arising out of meeting or communicating with other participants in programs sponsored by or affiliated with Metropolitan Nites.


Terms & Conditions

This is a legal agreement ("Agreement") between you and Metropolitan Nites. As part of your registration for a Metropolitan Nites event, you must confirm that you have read and understood the terms and conditions of this Agreement (the “Terms”). By registering for such an event, you become a member of Metropolitan Nites (a “Member”) and you agree to be bound by the Terms of this Agreement for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for a Metropolitan Nites event. The terms are subject to change by Metropolitan Nites at any time.

1. ELIGIBILITY

PERSONS UNDER 21 MAY NOT BECOME MEMBERS.
By becoming a Member, you represent and warrant that you are at least 21 years old. Participation in Metropolitan Nites events and use of this web site are void where prohibited. By using this web site and/or participating in Metropolitan Nites events, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Your membership in Metropolitan Nites is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access to your account and registration information.

2. TERM

This Agreement will remain in full force and effect while you continue to be a Member of Metropolitan Nites. Either you or Metropolitan Nites may terminate your membership at any time, for any reason, without explanation, effective upon sending written notice to the other party. Metropolitan Nites reserves the right to immediately suspend or terminate your access to any Metropolitan Nites event, without notice, upon any breach of this Agreement by you which is brought to the attention of Metropolitan Nites.

3. SPECIAL LIABILITY DISCLAIMERS AND RELEASE

You hereby understand and acknowledge that by using this web site and participating in Metropolitan Nites events that your email address, first name and certain other profiling information that you provide will be provided to certain other participants. Metropolitan Nites has conducted no research on the backgrounds of any of its Members or the participants at its events. Metropolitan Nites does not screen the members registering for events offered by Metropolitan Nites in any way, and does not verify information provided by its members. Therefore, Metropolitan Nites is not liable for the accuracy of such information. You agree to release Metropolitan Nites from any liability and assume the full responsibility and risk with respect to any person you meet at a Metropolitan Nites event or through this web site. Metropolitan Nites will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service and/or attendance at Metropolitan Nites events, including, without limitation, to damages arising out of communicating and/or meeting with other members of this service or participants at these events. Such damages include, without limitation, physical damages, bodily injury and or emotional distress or discomfort.

We strongly encourage you to take the same precautions you would take in meeting any new person in order to assure your safety.

You also understand and acknowledge that Metropolitan Nites events are held at venues of which Metropolitan Nites has no control. Therefore, in the event that you are injured or suffer damages in any regard at a Metropolitan Nites event, you agree to release Metropolitan Nites from any liability with respect thereto.

All participants in Metropolitan Nites events understand and acknowledge that Metropolitan Nites provides a fun and exciting method of meeting new people. Metropolitan Nites does not guarantee that any participant will successfully match with any other participant. Additionally, Metropolitan Nites does not guarantee that any match between participants will be successful.

4. INDEMNITY BY MEMBER:

You agree to defend, indemnify and hold harmless Metropolitan Nites, its partners, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Metropolitan Nites service, including any breach by you of the terms of this Agreement.

5. OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES

5.1 The content of this web site is the property of Metropolitan Nites. Metropolitan Nites is duly formed in the United States of America under the laws of the State of Tennessee and is qualified to do business in the State of Tennessee.

5.2 All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the “Intellectual Property’) used on the web site are vested in Metropolitan Nites. Nothing contained on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of Metropolitan Nites.

5.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services or any portion of any material obtained from this web site, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of Metropolitan Nites.

6. ACCESS AND USE

6.1 You are granted access to make personal use of this site and you are not allowed to download (other than page caching) or modify this site, or any portion of it, except with the express prior written consent of Metropolitan Nites.

6.2 You may not use this site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

6.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to Metropolitan Nites without the prior written consent of Metropolitan Nites.

6.4 You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Metropolitan Nites without its express prior written consent.

6.5 Any unauthorized use by you may result in the termination of your right to use this site and to participate in Metropolitan Nites events.

7. WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. METROPOLITAN NITES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE FROM TIME TO TIME. METROPOLITAN NITES MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. METROPOLITAN NITES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

8. MEDIA AUTHORIZATION AND RELEASE

Metropolitan Nites, along with certain permitted third parties including, without limitation, representatives of the television, radio, print and online media, may photograph and/or make audio/video recordings of any of the Metropolitan Nites events. By attending and participating in any Metropolitan Nites event, each participant agrees to permit the taking of any such photographs and to be recorded in both audio and video media.

Each participant at a Metropolitan Nites event also irrevocably authorizes Metropolitan Nites, its agents, representatives, successors and assigns to use in perpetuity, throughout the world, in any manner whatsoever, all or any portion of photographs and audio/video recordings in which such participant appears, and any comments, statements or testimonials made by such participant, while attending a Metropolitan Nites event. Such photographs may be used by Metropolitan Nites, its agents, representatives, successors and/or assigns for any legal purpose including, without limitation, marketing and advertising of Metropolitan Nites events or products, or for editorial purposes.

No person shall be entitled to any compensation in connection with the use and exploitation of any photographs or audio/video recordings.

Each participant at a Metropolitan Nites event irrevocably releases Metropolitan Nites, its principals, employees, agents, representatives, successors and assigns from and against any and all claims, suits, liabilities, or damages which such person may have in connection with his or her attendance and/or participation in any Metropolitan Nites event and the exploitation of photographs and/or audio/video recordings in any manner or format.

Metropolitan Nites will not use a participant's name or any other personally identifiable information, unless such participant has specifically granted his or her consent, in writing, for such use.

9. LIMITATION OF LIABILITY

METROPOLITAN NITES ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. IN NO EVENT SHALL METROPOLITAN NITES, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY METROPOLITAN NITES, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If, notwithstanding the foregoing, Metropolitan Nites, its business partners, their affiliates or any third party provider or distributor should be found liable for any loss or damage, with respect to the use of this web site or in connection with any Metropolitan Nites event, for any cause whatsoever and regardless of the form of the action, such damages shall not exceed, in the aggregate, the fees paid by you and/or the damaged person for the services and/or products of Metropolitan Nites. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you.

10. LINKS TO THIRD PARTY SITES

This web site may provide, or third parties may provide, links to other web sites or resources. These links are provided to you as a convenience and not as an endorsement by Metropolitan Nites of such other web sites. Metropolitan Nites has no control over such sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such sites or resources. If you decide to access other web sites, you do so at your own risk.

11. MEMBER DISPUTES

You are solely responsible for your interactions with other participants in Metropolitan Nites events. Metropolitan Nites reserves the right, but has no obligation, to monitor disputes between you and other participants.

12. U.S. EXPORT CONTROLS

Software from this web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. GOVERNING LAW

This Agreement and its performance is governed by the laws of the State of Tennessee, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Courts of the State of Tennessee in all matters arising out of your use of this site.

14. MODIFICATION

Metropolitan Nites may at any time modify these terms and conditions and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use.

15. SEVERABILITY

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16. HEADINGS

The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.

17. PRIVACY

Metropolitan Nites will keep confidential all information supplied by you to Metropolitan Nites, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Policy for more detailed information concerning confidentiality.

18. ASSIGNMENT

You may not assign, convey subcontract or delegate your rights, duties or obligations hereunder.

Please Contact Us with any questions regarding this Agreement.