** This site is owned and operated by Wing Night Corp. Wing Night Corp. leases the domain name WingNite™.com from Zero Inventory Inc. Zero Inventory Inc. owns WingNite™.com and many other domain names and is a distinct and separate entity from Wing Night Corp. Zero Inventory Inc. shall assume no liability that may be incurred from the business operations of Wing Night Corp. using the domain name WingNite™.com. From this point on the action of Wing Night Corp. using the domain name WingNite™.com, leased from Zero Inventory Inc. to operate this web site shall appear as just "WingNite™.com".
**By submitting advertising for publication within WingNite™.com each advertiser and advertising agency agrees to the following standard advertising terms and conditions:
**By submitting advertising for publication within WingNite™.com each advertiser and advertising agency agrees to the following standard advertising terms and conditions:
- General. By submitting advertising for inclusion on WingNite™.com advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set for the herein shall be binding on WingNite™.com. WingNite™.com will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser/agency. This contract supersedes all previous agreements between WingNite™.com and advertiser/agency. *
- Advertisements are accepted upon the representation that Advertiser and its agency have the right to publish the contents thereof. Advertiser is solely responsible for any legal liability arising out of or relating to its advertisements. Advertiser represents and warrants that the use, publication, reproduction, and distribution of its advertisements will not violate any law or any rights of third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, trademark, trade secret, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion or privacy or rights or celebrity, violation or any anti-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify and hold WingNite.com harmless from and against any and all liability, loss, damage, claims, or causes of action, including reasonable attorney’s fees and expenses, that may be incurred by WingNite™.com arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.
- Licenses and Indemnification. The advertiser/agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertising and collateral information, including, without limitation, (a) the name and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to WingNite™.com. In consideration of WingNite™.com’s acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold WingNite™.com harmless against all loss, liability, damage and expense of any nature (including attorney’s fees) arising out of WingNite™.com ‘ performance under this contract or the copying, printing, distributing, or publishing of advertiser’s/agency advertisements. If advertiser possesses any preexisting copyright interests in the advertisements, advertiser grants WingNite™.com the rights to use, reproduce, and distribute the advertisements. *
- The content of advertisements is subject to WingNite™.com’s approval. WingNite™.com reserves the right to reject or cancel any advertisement, insertion order, space reservation, or position commitment at any time. Position of advertisements is at the discretion of the WingNite™.com except when a request for a specific preferred position is accepted by the WingNite™.com except when a request for a specific preferred position is accept by the WingNite™.com in writing.
- Rejections. WingNite™.com reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement or link was previously acknowledged, accepted, or published. *
- Cancellations or changes in orders may not be made by the Advertiser or its agency after the space closing date. Covers and preferred position placement are non-cancelable. When change of copy is not received by closing date, copy run in the previous issue will be inserted***
- WingNite™.com shall not be liable for any costs or damages for failure to publish an advertisement for any reason, nor shall WingNite™.com have any liability for errors in key numbers, advertiser index, or in any preparation or correction done by WingNite™.com.
- In the event advertisements are place through an agency, Advertiser and agency shall be jointly and severally liable for the payment of fees hereunder
- WingNite™.com is not liable for delays in delivery and/or non-delivery in the event of an act of God, action by any government or quasi-government entity, fire, flood, insurrection, riot, explosion, embargo, strikes, interruptions or any kind, or any condition beyond the control of WingNite™.com affecting production or delivery in any matter.
- Limitation of liability. WingNite™.com shall not be liable for any errors in content or omissions. Should an error appear in an advertisement, WingNite™.com’s liability will be limited to the cost of the advertisement. (Prorated for the publishing completed). WingNite™.com will not be liable for any delays’ in delivery and /or non-delivery in the event of an act of God, action by government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to the WingNite™.com site. WingNite™.com does not represent or warrant that the WingNite™.com site will meet the objectives or need of advertisers/agency or any third party. In no event will WingNite™.com be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other nonperformance related to the WingNite™.com site. UNDER NO CIRCUMSTANCES WILL WINGNITE.COM BE LIABLE FOR ANY SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR THE LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. EVEN IF WINGNITE.COM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
- Service Disclaimer: The information and design of this service is owned by WingNite™.com. The information contained herein may not be used (not copied, performed, distributed, rented, sublicensed, altered, stored for subsequent use, etc., in whole or in part, in any manner) without WingNite™.com’s expressed prior written consent (unless such use constitutes fair use under the Copyright Act).
- All information contained herein is obtained by WingNite™.com from sources believed by WingNite™.com to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, WingNite™.com will not be responsible for any errors or omissions. All information is provided “as is” without warranty of any kind. WingNite™.com makes no representations and disclaim all expressed, implied and statutory warranties of any kind to the user and/or any third party including, without limitation, warranties as to the accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Unless due to willful tortuous misconduct or gross negligence. WignNite™.com its affiliates and the content sources shall have no liability in tort contract or otherwise (and as permitted by law, product liability), to the user and/or any third d party. Under no circumstances shall WingNite™.com its affiliates or the content sources be liable to the user and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever even if WingNite™.com has been advised of the possibility of such damages.
- Miscellaneous. No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. This contract cannot be sold, assigned or transferred by advertiser/agency to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by WingNite™.com shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; WingNite™.com will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of WingNite™.com. *
- Member Account, Password, and Security. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a user name (your email) and you will be given a password. You are entirely responsible for maintaining the confidentiality of you password and account. Furthermore, you are entirely responsible for any and all activities that occur under you account. You agree to notify WingNite™.com immediately of any unauthorized use of you account or any other breach of security. WingNite™.com will not be liable for any loss that you may incur as a result of someone else using you password or account, either with or without you knowledge. However, you could be held liable for losses incurred by my WingNite™.com or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
- Member Accounts for Self-Maintained Sections of WingNite.com (Event and Specials Area in Member Profile)
In order to use the Member Account (used to update Event and Specials Area in Member Profile) on WingNite.com, users are required to enter their username and password. Administrators of WingNite.com are not responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to post information in these sections.
Furthermore you agree to abide by the following Rules of User Conduct (For Using Member Account)
By posting information in or otherwise using any forum, or other interactive service, that may be available to you on or through this website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, discriminatory, sexually oriented or tortious;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
- constitutes the selling or trading of any merchandise;
- constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on;
- impersonates any person or entity.
You also agree that you will not harvest or collect information about the users or members of this website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
We generally do not pre-screen, monitor, or edit the content posted by Member of WingNite.com or other interactive services that may be available on or through this website. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, discriminatory, sexually oriented or tortious;
- User's Grant of Limited License
By posting or submitting content to this website, you:
- grant us and our affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by us and our affiliates and licensees will not infringe or violate the rights of any third party.
- grant us and our affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- These terms and conditions shall be governed and construed in accordance with the laws of the province of Ontario.
