Terms & Conditions
Last modified August 2022.
These terms and conditions (collectively, “Terms”) apply to your use of Horror Night Nightmares, any related mobile device software applications, the Horror Night Nightmares website at horrornightnightmares.com, and content therein, and any other product or service that links to these Terms (collectively, the “Website”, and together with the related mobile software applications, the “Service” or “Services”) owned and operated by Horror Night Nightmares (“we”, “us”, or “our””HNN”).
1. Accepting these Terms
Our offer of the Service, including all information, tools and services available from the Service to you is conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your use of the Service or any part thereof constitutes your agreement and is subject to these Terms and all applicable laws, rules and regulations. If you do not agree to these Terms you may not and should not use the Service or any part thereof.
Certain of our Services may also be subject to additional specific terms, which will be linked to or otherwise incorporated into the applicable Services. Your use of those Services will be subject to those terms, and unless otherwise specified by us, these Terms as well. If there are any conflicts between the applicable Services’ specific terms and these Terms, the specific Services’ terms will prevail, but only to the extent of the conflict.
2. Changes and Amendments to Terms
We reserve the right to amend, add or delete portions of these Terms at any time and at our sole discretion. While we may and may not post notices on the Service informing of changes in these Terms, you are solely responsible for reviewing these Terms periodically to ensure you are aware of any changes. The last revision of these Terms shall be reflected in the “Last modified” heading above. Your continuing use of the Service following any change or amendment to these Terms constitutes your acceptance of such change or update. If you do not agree or wish to be bound by these Terms as currently drafted and as may be amended from time to time, you should not use the Service or cease your use of the Service immediately. The Service may contain certain historical information, which is not current and is provided for your reference only.
4. Limitation on Use
You may not register or use the Service if you are under 13 years of age and/or if you are legally unable to enter into a legally binding agreement without the consent of your parents or legal guardian. The following uses of the Service or any part thereof are prohibited: Commercial use, unless specifically and explicitly allowed by us in a prior written consent; Damaging or infringing the rights of third parties in any way, including, without limitation, infringing on any third party’s intellectual property or privacy rights; Illegal use, including without limitation fraud, pornography trafficking, drug dealing, sports betting and gambling; Distributing SPAM; Using users contact information for marketing purposes; Bullying, intimidating, stalking or harassing any person; Duplicating, downloading, copying, reproducing, framing, mirroring, modifying, transmitting, performing, broadcasting, rebroadcasting, publishing, selling, creating derivatives of, translating, distributing or redistributing the Service, the Service-related intellectual property, third parties User Content (defined below) or any part thereof or their products, unless specifically and explicitly allowed by us in a prior written consent; Altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Service’s (including its content’s) source code and structure; Any automatic use which is intended or designed to gather information about or from the Service, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers; Uploading of any sort of malware, spyware or other malicious code; Circumventing or bypassing any measure designed to limit access to the Service or any part thereof; Damaging, disabling, impairing or flooding the Service; Competing with the Service.
5. Securing your password
You are responsible for protecting the confidentiality of the password associated with your use of the Service, including (if applicable) also of your Facebook account, and for restricting access to your computer while logged into the Service. You agree that you will be responsible for any and all statements, acts or omissions made during any use of the Service through your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately at firstname.lastname@example.org. We may assume that any communications we receive via your account or the email associated with your account have been made by you unless we receive notice otherwise, and we may also require you to provide proof of identification. Our employees will never ask you for your password, neither personally nor by email. Where necessary, you promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
6. Content Creator Terms
The Service may allow you to upload content to the Service directly in various forms, including without limitation statuses, links, images, comments, posts, articles and conversations (collectively referred to herein as “User Content”). You affirm, represent, and warrant that you own all required rights, licenses, titles and interests in the User Content necessary to upload it to the Service, to grant us the rights as stated herein, and that the User Content is accurate where it might be reasonably relied upon. You shall be held liable to any damages or losses incurred by us as a result of intellectual property infringement through the User Content, including payment of damages and statutory damages resulting from contributory or direct (meaning, even in the event that the content was edited and re-published by us) infringement. We reserve the right to remove any and all of the User Content if we reasonably determine that it is infringing upon any third party’s rights, including, without limitation, intellectual property rights. We reserve the right to edit your content in any way we see fit and without any notice to you. We reserve the right to terminate your access to the Service, if we reasonably determine that you are an infringer. You acknowledge that you expect and shall receive no compensation, payment or interests as a result of uploading the User Content, other than agreed between us explicitly and in writing beforehand. You agree to allow any and all other users of the Service to access the User Content and to “follow” your profile freely and without compensation to you of any sort on their behalf. You hereby grant us a worldwide, unlimited, non-revocable, royalty-free, sub-licensable and transferable license to use the User Content, including, without limitation, the corresponding copyrighted works, trademarks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, in any way we see fit at our sole discretion, including without limitation reproduction, distribution, making of derivatives, modification, adaptation, publication, translation and display. In addition, you hereby explicitly waive any moral and attribution rights that you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral or attribution rights in any of the User Content. For the avoidance of doubt, we may include your User Content in our outgoing feed to third parties (e.g. RSS feed), which may publish said feed (including your User Content) outside of the Service. In addition to abiding by these Terms, it is clarified that your User Content must also abide by Twitter, Instagram, YouTube, and Facebook terms. You may not upload User Content which: May encourage acts of violence; Infringes third parties’ intellectual property; Contains or constitutes SPAM or chain mail; Infringes third parties’ right to privacy or publicity rights; Contains confidential or proprietary information; Is defamatory, fraudulent, libelous, abusive, obscene, unlawful, threatening, hateful, harassing, racial, sexist or otherwise inappropriate by reasonable standards; Advertise or solicit third parties’ business or contains commercial content of any sort; Impersonate another person without proper notice; Contain any form of malware; Interfere with the Service in any way. We do not guarantee and we have no obligation to post, transmit, distribute, upload, publish or display any User Content and may refuse to do so at our sole discretion. Contributors who have specific agreements with us, may be subject to additional terms, rules and codes of conducts, which shall prevail over these Terms only in case of inconsistency.
7. Cross Platform Publication
When you upload User Content you agree and acknowledge that we may display the content in any part of the Service we see fit, regardless of the part of the Service to which you uploaded your User Content (“Cross Platform Publication”). For example, we may choose to publish User Content which you posted on the Website on the Facebook Application. You agree and acknowledge that you are not entitled to any notification of or compensation due to Cross Platform Publication of your User Content at any time. In addition, we may choose to post information regarding your use of the Service on your social media (e.g., Facebook) profile wall, including your User Content, statuses, comments, vBets, and content you have read.
8. Third Party Sites
During your use of the Service you will encounter pages which contain, third party advertisements, content stored or products and tools offered, on or via third party sites, embedded or framed into the Service (for example, news snippets and YouTube videos), as well as links to third party websites (collectively “Third Party Material”). We are not responsible for third party sites or Third-Party Material. These Terms apply only to your use of the Service alone. We have no control over nor do we take any responsibility for third party websites’ content, policies and practices or data collection, including, without limitation, third party websites to which hyperlinks are contained in the Service. By using the Service you hereby agree that we shall not be responsible for any damage, claim or liability in connection with your use of any third party sites and Third-Party Material, including without limitation third party sites to which you have arrived via the Service. You acknowledge and agree that we provide access to such Third-Party Material ”as is” and “as available” without any warranties, representations or conditions of any kind. Any use by you of optional Third-Party Material is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of the relevant third-party provider(s).
9. Governing Law; Jurisdiction
These Terms, your relationship with us and any related disputes, are and shall be exclusively governed by and will be construed under the laws of the United States, without regard to the conflicts of laws provisions thereof. The United States applicable courts, shall have sole jurisdiction over any disputes between you and us.