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Terms of Service

This web site located at www.hometowncruisenight.com (this "Site") is provided by hometowncruisenight.com. Your access to this Site is conditional on your acceptance of this Visitor Agreement set forth below (this "Agreement"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by this Agreement for each use and each visit of this Site. You should not access this Site if this Agreement is not acceptable to you.
 
This Agreement entered into between hometowncruisenight.com and you. If you are using the Services on behalf of another person, you represent that you are authorized to enter into this Agreement on that person's behalf. Unless explicitly stated otherwise, this Agreement will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
 
Definitions: In addition to the terms defined throughout this Agreement, the terms "you", "your" and "yours" refer to you, the User/Visitor of this Site. The terms "we", "us" and "our" refer to hometowncruisenight.com.
 
Changes to this Agreement: We reserve the right, at any time, to modify, add to, delete from, alter, or update this Agreement ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review this Agreement posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by this Agreement as changed.
 
Accounts: If you join this Site as a member, you will be assigned with a user name and password unique to you. This information will be disclosed to you via email immediately upon your joining this Site as a member. You are responsible for maintaining the safety and security of your account. You will need the user name and password to access your account.
 
Permitted and Prohibited Uses: This Site is intended for the lawful use of members of the general public. Subject to this Agreement, we grant to you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
 
sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
transfer the Content to any other person without our prior written explicit consent;
use this Site in any manner that could damage, disable, overburden or impair this Site;
upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
use or attempt to use another's account, password, service, system or other information without our prior written, or create or use a false identity on this Site;
transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
use this Site or attempt to use this Site for any purpose which is unlawful or prohibited by any local, state or federal law;
upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
 
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
 
Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use without our express prior written is not permitted. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our express prior written permission is prohibited. We respect the intellectual property of others and ask you to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who infringe our intellectual property rights. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights.
 
Cookies: Upon your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. We do this by storing user preferences in cookies and by tracking user trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the site may not function properly without cookies.
 
Submission of Information: Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Site, we do not guarantee the security of any information transmitted to or from this Site. Except for personal information about you, any information you do send to us through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology. Any information you post on the bulletin board/forum on the Site may at our sole discretion be opened to the public and we may at our sole discretion permit the public to use such information. You agree not to hold us liable for the misuse by public of the information you post on the bulletin board/forum of the site.
 
Posting of Information: This Site allows Users to post information and send messages to other Users in certain areas of the Site. You are responsible for the information and the contents of the messages which you post or send. We do not check the contents of such information and messages. Your use of such information and messages is at your entire risk. Please check on the authenticity of such information and messages.
 
Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site is solely at your risk. In no event shall we be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused. We will not be liable to you for any dispute you may have with another party on account of your using this Site nor will we be a party to such disputes. If we are named a party to such disputes, the party naming us will be liable for our costs.
 
Disputes: If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
 
Indemnity: You agree to defend, indemnify and hold harmless hometowncruisenight.com, its owner, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of this Agreement or in connection with your use of the Site
 
Choice of law: This Agreement shall be deemed to have been made and performed exclusively in Illinois, USA and shall be governed by and construed under the laws of Illinois and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of hometowncruisenight.com for any claim related hereto, arising from or in connection with this Agreement and agree not to bring any action, claim, suit or proceeding against  hometowncruisenight.com or any officer, director, partner or employee thereof in any jurisdiction other than hometowncruisenight.com.
 
Disclaimer: We are not responsible for the success or failure of your decisions relating to any information presented by us through the Site. The site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided by us through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will be successful. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the site.  Information on this website is believed to be current, within 6 months of posting.  It is the users responsibility to make sure all information is up to date and to make sure before ordering any services associated with a listing.
 
General: The Privacy Policy and the Copyright Policy are a binding part of this Agreement and together with this Agreement constitute the entire agreement between hometowncruisenight.com and you with respect to your use of this Site. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of this Agreement must be commenced within six months after the claim or cause of action arises.
 
Competition: Hometowncruisenight.com has an online live competition where users can compete against each other for a period of time for cash and prizes. We have the right to deny or suspend payout and prizes, if we feel the competition had fraudulent  activity, the website security was compromised, website was down during voting or any other reason we feel the competition was not fairly won by the winner. The winner will be notified by email. We are required to report earning to the IRS and any winner above the reportable amount will be required to submit information requested by the IRS before payment is sent. No employees or owners are eligible to win any competition.  In the event of a tie, another event will be created as a tie breaker.  If this event ends in a tie, the prize will be split amoung the winners.  If a prize is not cash, an equal amount of the prize will be split between the winners and the winners will receive a split equal to the prize.
 
Violation: We reserve the right to terminate your account or restrict your access to this Site if you violate any terms of this Agreement or if we are required by law to do so.
 
Acceptance: Your accessing this Site signifies your acceptance of this Agreement.
 
Contacts: If you have any questions about this agreement, please contact us. Our contact details:

Hometowncruisenight.com
PO Box 3541
Barrington, IL 60011-3541

 

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