Your access to and use of the Site is at your sole risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HORROR NIGHT NIGHTMARES AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. HORROR NIGHT NIGHTMARES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THE SITE. HORROR NIGHT NIGHTMARES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You may not copy, redistribute, publish, sell, or otherwise make the original contents of this website available to third parties including graphical (created and/or edited by “Horror Night Nightmares”) or textual, unless you have received prior authorization from Horror Night Nightmares.
This website is not affiliated with NBC Universal, Inc. and/or its subsidiary, parent, affiliated, related and/or successor companies, including without limitation Universal City Studios LLLP and any company having any interest in Universal Studios Hollywood, Universal CityWalk Hollywood, Universal Orlando, Universal Studios Florida, Universal’s Islands of Adventure, Universal CityWalk Orlando, Universal Mediterranea, Universal’s Port Aventura, Universal Costa Caribe, Universal Studios Japan and/or Universal Studios Shanghai.
The Site may contain links and pointers to Internet sites maintained by others (“Third Party Sites”). The appearance of a link does not imply Horror Night Nightmares endorsement. Horror Night Nightmares has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
SUBMISSIONS AND PUBLIC FORUMS
The Site includes message boards, e-mail and other interactive functions (“Forums”) which allow feedback and submissions to Horror Night Nightmares and real-time interaction between guests. Only registered guests who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, giving a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the guest’s acceptance of the Terms & Conditions. Registration is subject to Horror Night Nightmares’ prior approval and your continued compliance with the terms of these Terms & Conditions. Horror Night Nightmares reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Horror Night Nightmares (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information secure and updated.
Terms & Conditions directly applicable to use of such Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums (“Submitted Content”), are your sole responsibility. This means that you, and not Horror Night Nightmares, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.
2. Horror Night Nightmares does not endorse or control the Submitted Content delivered to this Site, and has no obligation to monitor such Submitted Content. As such, Horror Night Nightmares does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, Horror Night Nightmares reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. Horror Night Nightmares further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Horror Night Nightmares, its guests and the public.
4. You understand that by using the Site, including its Forums, you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will Horror Night Nightmares be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via the Site, including its Forums.
5. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Horror Night Nightmares a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant Horror Night Nightmares a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.
The Site is controlled and operated by Horror Night Nightmares from the state of Florida, United States of America. Horror Night Nightmares makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
To the fullest extent permitted by applicable law, Horror Night Nightmares and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Horror Night Nightmares or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless Horror Night Nightmares and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Horror Night Nightmares and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. Horror Night Nightmares reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, Horror Night Nightmares may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Horror Night Nightmares a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against Horror Night Nightmares and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of the Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Horror Night Nightmares and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).