Last modified and effective as of 6/11, 2018.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTES/ARBITRATION/GOVERNING LAW PROVISION BELOW, YOU AND MIDNIGHT 30 AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
There may be times when separate terms and conditions, in addition to these Terms, apply to a particular service or product offered through the Network ("Additional Terms"). In those cases, the Additional Terms control to the extent there is a conflict with these Terms.
OWNERSHIP OF NETWORK CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Network, including past, present and future versions, domain names, source and object code, the Application Content (defined below) and the general appearance of the Network (collectively, the "Network Content") are owned, controlled or licensed by Midnight 30, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Network Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Midnight 30, unless and except as is expressly provided in these Terms. Any unauthorized use of the Network Content is prohibited.
YOUR LICENSE TO USE NETWORK CONTENT ON OUR NETWORK
You may visit our Network without further permission from Midnight 30 and Midnight 30 grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view and play the Network Content and - if you are accessing the Network via an Application (defined below) downloaded from a third party application marketplace - as permitted by the Usage Rules set forth on the third party application marketplace. This license is subject to your full compliance with these Terms. When you download or use the Network Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Network Content; (c) not use the Network Content in a manner that suggests an association between any third party and Midnight 30 or any of our products, services or brands; and (d) not yourself (and must not allow or assist any third party (whether or not for your benefit) to) copy or adapt any object code associated with the Network or reverse engineer, modify or attempt to discover any source code associated with the Network or insert any code or product to manipulate the Network Content in any way that affects any user's experience. You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Network Content (except as may be a result of standard search engine or Internet browser usage).
We reserve all other rights to the Network and Network Content. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Network or Network Content without our permission. You also may not transfer, resell or sublicense this limited right to use the Network.
The Network may offer features and services that are available to you via your mobile device, which features and services may include, without limitation, (i) applications, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing ("Application Content"); and (ii) any files that are delivered to you by Midnight 30 (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the application (collectively, the "Applications"). The Applications are the copyrighted works of Midnight 30 and contain trademarks, service marks, trade names, and other intellectual property of Midnight 30.
If you are accessing an Application via a third party application marketplace, you acknowledge that third party is not party to and has not agreed to these Terms; that the third party is not a sponsor of, affiliated with and does not otherwise endorse any Application; that Midnight 30, and not the third party, is responsible for the Application; and that your use of that application is also subject to the third party’s application marketplace usage rules.
We may charge for access to an Application and these charges will be disclosed prior to completion of download of the Application. By downloading and/or installing a paid Application, you agree to pay the applicable fee. Midnight 30 may change pricing for the Application or Application Content. We do not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason. Also, standard data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Applications and certain Applications may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You may use the Network (or certain portions thereof) free of charge or may have the opportunity to subscribe to the Network on a paid basis. In addition to the Application charges described above, we may charge periodic fees to subscribers. Subscription may include benefits like ad-free use of the Network or access to content not available to non-subscribers. We may offer different subscription plans as described on the Network, including some that offer continuous service by automatically renewing at the conclusion of each subscription period. ONCE YOU SUBSCRIBE TO SUCH AN ONGOING PLAN, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR PAYMENT CARD WILL BE CHARGED EACH BILLING PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PAYMENT TERMS OR WE TERMINATE YOUR USE OF THE NETWORK (AS DESCRIBED IN THE "TERMINATION" SECTION, BELOW).
All subscription fees are non-refundable. You may cancel your subscription or terminate your use of the Network entirely at any time, but you will not receive a refund or credit for any fees previously paid. Midnight 30 reserves the right, in its sole discretion, to change the applicable fees and modify the Payment Terms from time to time.
MEMBERSHIP & REGISTRATION
Subscription and certain other areas of or features on the Network may require registration or may otherwise ask you to provide information to participate or access certain Network Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Network or access certain Network Content, including subscribing to the Network. When you provide information to the Network, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other device, as applicable) so that others may not access the password-protected portion of the Network using your login information (provided that this restriction does not apply to distribution by a Classroom subscriber of his or her access name and access code to those making use of the Classroom subscription with the subscriber's permission). Midnight 30 reserves the right (in its sole discretion) to terminate your account or otherwise deny you access without notice.
INFORMATION AND CONTENT YOU SUBMIT
Any content you submit to Midnight 30 or the Network will be treated as non-confidential and non-proprietary and will not be returned. You agree that Midnight 30 is free to use any ideas or concepts you submit to us for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the Network, or from communications you receive from the Network, to third party web sites or online features. The Network also may include third party content that we do not control, maintain or endorse. Your correspondence and business dealings with others found on or through the Network are solely between you and the applicable third party. You expressly acknowledge and agree that we are in no way responsible or liable for third party content, sites or online features.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NETWORK, INCLUDING, WITHOUT LIMITATION, THE NETWORK CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDNIGHT 30 AND EACH OF ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, OR VENDORS (COLLECTIVELY, THE "MIDNIGHT 30 PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (A) THE NETWORK OR NETWORK CONTENT, INCLUDING ANY APPLICATIONS; (B) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE NETWORK; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO MIDNIGHT 30 OR VIA THE NETWORK. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDNIGHT 30 HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDNIGHT 30 DOES NOT REPRESENT OR WARRANT THAT THE NETWORK WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE NETWORK OR THE SERVER THAT MAKES THE NETWORK AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDNIGHT 30 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE NETWORK IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE NETWORK IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDNIGHT 30 DOES NOT WARRANT THAT YOUR USE OF THIS NETWORK IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MIDNIGHT 30 SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
BY ACCESSING OR USING THE NETWORK, INCLUDING DOWNLOADING OR INSTALLING AN APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE NETWORK.
IF YOU ARE ACCESSING THE NETWORK VIA AN APPLICATION DOWNLOADED FROM A THIRD PARTY MARKETPLACE:
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS, YOU MAY NOTIFY THE THIRD PARTY MARKETPLACE, AND THE THIRD PARTY WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION (IF ANY) TO YOU; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THIRD PARTY AND MIDNIGHT 30 WILL HAVE NO OTHER WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS WILL BE MIDNIGHT 30'S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, YOU AND MIDNIGHT 30 ACKNOWLEDGE THAT THE THIRD PARTY MARKETPLACE HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, YOU AND MIDNIGHT 30 ACKNOWLEDGE THAT, AS BETWEEN THE THIRD PARTY MARKETPLACE AND MIDNIGHT 30, MIDNIGHT 30 IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL MIDNIGHT 30 BE LIABLE TO YOU FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE NETWORK OR THE NETWORK CONTENT; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE NETWORK; (C) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MIDNIGHT 30 OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE NETWORK; (D) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE NETWORK'S TECHNICAL OPERATION; OR (F) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT WILL MIDNIGHT 30 TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE NETWORK.
YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MIDNIGHT 30'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE NETWORK (INCLUDING ANY NETWORK CONTENT) OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY MIDNIGHT 30, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE NETWORK (INCLUDING ANY NETWORK CONTENT) OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY MIDNIGHT 30.
BY ACCESSING THE NETWORK, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
Midnight 30 reserves the right to terminate your access to and use of the Network in its sole discretion, without notice, including, without limitation, if Midnight 30 believes your conduct fails to conform with these Terms or any Additional Terms. Midnight 30 also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred
to law enforcement authorities. Upon termination of your access to the Network, or upon demand from Midnight 30, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Network.
Midnight 30 also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the Network, including, without limitation, the end of all activities associated with the Network. You agree that, except as may be required by law, Midnight 30 will not be liable to you or to any third party for any modification, suspension or discontinuance of the Network or any part thereof.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Network is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Midnight 30 to any registration requirement within such jurisdiction or country. Midnight 30 controls and operates the Network from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Network are appropriate for use or access in other locations. Anyone using or accessing the Network from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the Network (and/or the provision of any content, program, product, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Network may be subject to United States export controls. Thus, no software from this Network may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or (b) 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 downloading any software related to this Network, 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.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Network, including, without limitation, those governing your transmission or use of any software or data.
DISPUTES; ARBITRATION; GOVERNING LAW
YOU AGREE THAT THESE TERMS AND YOUR USE OF THE NETWORK ARE GOVERNED BY THE LAWS OF THE STATE OF KANSAS, USA. BOTH YOU AND MIDNIGHT 30 WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR WILL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION
AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, MIDNIGHT 30 WILL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN PROVIDENCE COUNTY, RHODE ISLAND, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION.
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION LOCATED IN OR HAVING JURISDICTION OVER JOHNSON COUNTY, KANSAS. MIDNIGHT 30 AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF YOU ATTENDING THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE NETWORK.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Network for any purpose or in any manner that infringes the rights of any third party. Midnight 30 encourages you to report any content on the Network that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Network infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Midnight 30 has a designated agent for receiving notices of copyright infringement and Midnight 30 follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Midnight 30's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Network violates your rights other than copyrights, please provide Midnight 30 with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Network or other complaint regarding alleged violation of rights to Midnight 30's copyright agent, who can be reached as follows:
Midnight 30.com DMCA Copyright Agent
By email: hello [at] theUFOshow [dot] com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove content along with that of the alleged infringer pending resolution of the matter.
Midnight 30 will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
THIRD PARTY BENEFICIARY
If you access the Network via an Application downloaded from a third party application marketplace, you acknowledge and agree that the third party, and the third party’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the third party will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of the Terms. If you are accessing the Network via a third party application marketplace, you agree that if the Application or your possession and use of the Application infringes on a third party's intellectual property rights, you will not hold the third party responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
The failure of Midnight 30 to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Midnight 30's rights with respect to such breach or any subsequent breaches. No waiver by Midnight 30 of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Midnight 30. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Midnight 30 may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Midnight 30's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Midnight 30 by virtue of Midnight 30 having drafted them.
OUR RIGHT TO UPDATE THESE TERMS
Midnight 30 reserves the right to modify or add to these Terms at any time ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Network so that they are accessible via a link on the home page, and that your use of the Network after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Network. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Network from that point forward.