Terms and Conditions

1. BINDING EFFECT. This is a binding agreement between you and ’. Midnight Fey .’ (”us”, ”we”, ”Company”). By using the Internet site located at ’. https://midnightfey.com .’ (the ”Site”), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.

2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of California and the United States, without reference to rules regarding conflicts of law. This Site is intended for use by individuals based in the United States of America.

4. MINIMUM AGE. You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.

5. EBOOK SIGNUPS AND MAILINGS. You have the option, but not obligation, to sign up and receive a free eBook from us. Should you do so, you are agreeing to receive further emailings from us of a commercial nature.

6. EMAIL COMMUNICATIONS. When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.

7. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, ”Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

8. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (”User Content”) to the site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may access via the DMCA link at the bottom of the page.

10. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

12. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. We have no control over and no liability for any third party websites or materials. We work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

16. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. COPYRIGHT. All contents of Site or Service are: Copyright © ’ . 2017 .’ ’. Midnight Fey .’.

18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

20. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.

21. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment, which we determine is material in our sole discretion, we shall:

(a) Provide you notice by email of said change 15 days prior to the change going into force, and
(b) Publish on the home page the fact an amendment will be made.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.
This Terms of Use agreement (the ”Agreement”) describes the terms and conditions applicable to your use of the web site which is identified by the uniform resource locator (the ”Site”). This Agreement is entered into between you as the user of the Site (the ”User”) and (””).

makes available a variety of products and services through this web site, any and all use of this website and/or use of features, products and services of this site is subject to these Terms of Use.

For the consideration of this Terms of Use Agreement, a User is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with as a free member or whether such User is paying a subscription fee (paid member) for a specific service provided by . A User is considered as a ”Member” after completing registration process. A User includes the person and any legal entity which may be represented by such person under actual or apparent authority using this Site.

By accessing or using this website, , all users agree, without limitation or qualification, to be legally bound by and to comply with the Terms of Use contained herein. Because the Terms of Use contain legal obligations, please read them carefully before using . If you do not accept all of the Terms of Use Agreement, please do not use this Site.

reserves all the rights and authorities to modify and update these Terms of Use at anytime, without prior notice, by updating this posting. Any posted changes are effective immediately after posting and your continued use of the Site constitutes your agreement that you’ve read all of these Terms of Use, acceptance that you respect them in their entirety and its amendments.

Conditions and Restrictions on Usage
Use of this Site and its products and services is subject to compliance with these Terms of Use. You acknowledge and agree that may terminate your access to the Site or usage of any of the features, products and services provided by , should you fail to comply with the Terms of Use. Any such termination shall be in sole discretion and may occur without prior notice or any notice.

further reserves the right to terminate any User’s access to the Site or to any of the products and services provided, for any conduct that in its sole discretion believes is or may be directly or indirectly harmful to other Users, to or its subsidiaries, affiliates or business contractors or to other third parties or for any conduct that violates any local or international laws or regulations.

Access to the Site and access or usage of certain features of the Site are provided to all Users free of charge. And access or usage of certain features, products and services of the Site are provided to free or paid Members (registered users). However, reserves the right to limit, deny or create different access(es) to the Site and its features with respect to different User types, without any or prior notice. also reserves the right, without prior notice or any notice, to change any of the features, products and services or introduce new features, products and services of this Site.

reserves the right to deny any User’s access to the Site or the right to deny any User to accept as Member for whatever reason in order to protect interests.

User, by accepting these Terms of Use, acknowledges that in no event shall be liable to the User or any third parties for any inability to use the Site, whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise, and for any delays, errors or omissions with respect to any communications or transmission, or any damage arising from the use of the Site. can not be held responsible also for the inability of the User to use the Site or any of its features.

Copyrights and Licenses
All the Site contents, such as all the information at including, but not limited to, text, graphics, logos, icons, and images belong to and are expressly managed by . The compilation and the design of the Site contents and the contents on the Site is the sole property of and is protected by Copyright and Trademark Laws.

This site or any portion of this site can not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without written permission by or the third party content provider to . User, by accepting these Terms of Use, agrees and acknowledges that it will not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on the Site, for the purpose of re-selling or re-distributing the Site content, mass mailing, or otherwise commercially exploiting the Site content without written permission from .

User further agrees to grant to a non-exclusive and royalty free with the right to sublicense, reproduce, transmit, distribute, create any derivative works of, publicly use, reuse or display any materials or information you publish, transmit or provide to by any means.

By User’s acceptance of the Terms of Use, User also grants to all the rights to use its name or company information in connection with the submitted materials and other information as well as in connection with any or all the advertising, marketing and promotional materials related there to.

The Function of the Site
Through the Site, provides an electronic web-based platform for exchanging information between buyers and sellers of goods and services.

, the Site, acts as a venue for users to locate people to trade with and to negotiate the quality of goods and services. Yet, is not certainly involved in the actual transaction between trading parties. does not represent the seller or the buyer in any transactions and does not charge any commissions from the parties of transactions. As a result, has no control over and is not responsible for the quality, safety, availability or legality of the provider’s items in trades, the truth or accuracy of the items and their information, the ability of traders to ful fill their obligation in any trade agreement.

Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, licenses, fines, handling, transportation and storage.

User, hereby, agrees and acknowledges that there may be risks of dealing with people acting under false pretences. Because the user verification on the Internet is difficult, cannot and does not confirm each User’s registered personal or company information, including, without limitation, Gold Members. encourages you (user), by using your experience and common sense, to evaluate with whom you are dealing.

Because is not involved in the actual transaction between buyers and sellers, in the event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes.

Third Parties and Content
User acknowledges and agrees that some of the content like data, files, texts, graphics, photos, videos, logos, banners, advertising materials and other content materials, displayed on this Site is provided or posted by third parties or other Users. Any content provided or posted by third parties or other Users, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. In other words, User, and not , is entirely responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and services provided by .

does not control the user or third party content posted via the products and services. As such is not responsible for and does not guarantee the accuracy, integrity, quality, propriety, or lawfulness of any third party or User content, and shall not be liable to any User in connection with such User’s reliance of such third party content. In addition, is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct. As a general condition, although reserves the right to do so, does not pre-screen user or third party content posted on this Site. does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. reserves the right to monitor some, all, or no areas of the features, products and services for adherence to these Terms of Use.

This Site may contain hyperlinks in the form of word link, banners or otherwise, to other websites that are controlled by parties other than . Users must be aware that is not responsible for any use of such other websites, even when said website is accessed through a link from the . does not control these websites, does not monitor such sites and bears no responsibility or liability for, nor should be deemed in any way to endorse or approve of, the contents, products, services and information on the linked website. encourages you to read such sites’ Terms of Use and Privacy Policies before using such sites.
[gzd_complaints]