1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

2. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Night Finch, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Night Finch, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. Night Finch, LLC does not claim ownership of any Content that you post on or through the Website. With respect to Your Content, by displaying it, you grant Night Finch, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must not be infringing on any third party’s rights.

Night Finch, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. Privacy

Any information that you provide on the Services is subject to our Privacy Policy (the “Privacy Policy”), which governs our collection and use of such information. You understand that through your use of the Website you expressly consent to the collection and use of this information as set forth in the Privacy Policy.

6. No warranties

This Website is provided “as is,” with all faults, and Night Finch, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

7. Limitation of liability

In no event shall Night Finch, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Night Finch, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Night Finch, LLC DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

8. Indemnification

You hereby indemnify to the fullest extent Night Finch, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

9. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

10. Variation of Terms

Night Finch, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

11. Assignment

Night Finch, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Night Finch, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.