Last Updated: March 22, 2021
This websites, including level99.com, nightshiftnatick.com, and affiliated pages (the "Websites") are a service made available by Level99 (Open World Entertainment, LLC), its partners, affiliates or subsidiaries ("Provider") and all content, information and software ordered or provided on or through the Websites ("Content") may be used solely under the following terms and conditions ("Terms of Use").
Websites Limited License. As a user of these Websites, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
Limitations on Use. The Content on these Websites is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Websites or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Websites or the Content without Provider's prior written permission. You may not use these Websites to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Websites, except to the extent permitted above. You may not use or otherwise export or re-export the Websites or any portion thereof, the Content or any software available on or through the Websites in violation of the export control laws and regulations of the United States of America. You may not use the Websites or the Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties or violate any state or federal law. Any unauthorized use of the Websites or their Content is prohibited.
License of Your Content. By uploading content to or submitting any materials for use on the Websites, including, without limitation, interactive areas (e.g., account creation, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer), you grant Provider a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to Provider a similar license for said works with all of the rights granted by you in this paragraph and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. If you have submitted a photo, you agree that this photo may be included in the Websites or, if you have not submitted a photo, then Provider may, but is not obligated to, display a stock photo or legal image. You hereby consent to the use of such stock photos or images. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the Websites.
Restrictions Regarding Your Content. You shall not post, publish, upload or distribute any content, information, or materials which are unlawful or abusive in any way, including, but not limited to, any materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Uploaded content, information, and materials shall not contain protected health information. You are strictly prohibited from submitting materials that are considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Provider has no obligation to monitor or screen your content and is not responsible therefor; however, Provider reserves the right, in its sole discretion, to monitor, screen, edit and remove such content or cause such content not to be posted, published, uploaded or distributed, at any time and for any reason or no reason.
Fees and Payments. In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
Third Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with the Websites.
Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including, without limitation, copyright or other intellectual property rights. You agree that the Content and Websites are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Registration. Certain sections of the Websites require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to the information you have submitted. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Provider does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
No Solicitation. You shall not distribute to any persons or entities identified via the Websites any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider.
Advertisers. The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
Errors and Corrections. Provider does not represent or warrant that the Websites will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Websites will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
Third Party Content. Third party content (including, your or other users' content) may appear on the Websites or may be accessible via links from the Websites. Provider is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Websites. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the beliefs of the Provider. Further, information and opinions provided by employees and agents of Provider are not necessarily endorsed by Provider and do not necessarily represent the beliefs and opinions of Provider.
DISCLAIMER. THE WEBSITES, INCLUDING ALL FEATURES AND CONTENT, IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITES AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THIS WEBSITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITES.
LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITES, INCLUDING ALL FEATURES AND CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, partners and affiliates, and its and their respective directors, officers, employees and agents, licensors, suppliers and representatives and any third party information providers, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Websites, any disclosure of information resulting from your use of the Websites, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Websites or otherwise.
Indemnification. You agree to indemnify, defend and hold Provider, its parents, subsidiaries, partners and affiliates and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to these Websites harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, relating to or arising out of (i) your use of the Websites and (ii) any violation of these Terms of Use by you or arising from or related to any content or materials uploaded or submitted by you.
Third Party Rights. The provisions above are for the benefit of Provider, its parents, subsidiaries, partners and affiliates and its and their respective officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to the Websites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Provider deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, accounts, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Provider's Websites and their features.
Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You hereby consent and submit to the sole and exclusive jurisdiction and venue of the state and federal courts located in Delaware, respectively, to resolve any action arising out of or relating to the Terms of Use. The aforementioned choice of venue is intended to be mandatory and, not permissive, in nature.
Privacy. Your use of the Websites is subject to Provider's Privacy Policy available through the Websites.
Electronic Communications. When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Electronic Contracting. Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Termination; No Assignment. You may terminate your account and/or stop using our sites and services at any time. Provider may, in its sole discretion, terminate or suspend your access to all or part of our sites and services for any reason, including, without limitation, violation of these Terms of Use and/or if Provider has a reasonable ground to suspect that you have violated these Terms of Use. These Terms of Use and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. Provider retains the right to transfer, assign or delegate these Terms of Use.
Feedback. You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Waiver. Any failure by us to enforce or exercise any provision of these Terms of Agreement, or any related right, will not constitute a waiver of that provision or right.
Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Websites and the Privacy Policy constitute the entire agreement with respect to access to and use of the Websites. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Websites and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Websites after any such changes constitutes your consent to such changes.