Thank you for your interest in and use of our application (“App”) and the products and services,
and the content contained therein (the "Services"). NO CLUB COVER LLC dba NIGHTLIFE Q
("NIGHTLIFE Q", "we", "us", or "our") provides these Services to you (“Customer”, "you" or
"your"), subject to the terms contained in this NIGHTLIFE Q Terms of Service (this "Agreement").
The Services allow you to remotely add yourself and friends to the Guest Lists of several
nightlife venues and gentlemen’s clubs (“Venues”) in Las Vegas, NV without having to utilize a
traditional promoter of the specific Venue. NIGHTLIFE Q is a separate and independent entity from all
Venues listed within the Services. Each Venue enforces its own policies, rules and regulations,
including but not limited to dress codes and cover charges, and NIGHTLIFE Q has no control or
influence over any such rules and regulations. You are responsible for paying any such charges
directly to the Venue, and abiding by any other policies, rules and regulations imposed by the
Venue. NIGHTLIFE Q shall not be liable to you, or anyone else, in any manner for the imposition of
any specific Venue’s policies, rules, regulations and/or charges.
This Agreement is a binding legal agreement between you and NIGHTLIFE Q. Please read the terms
and conditions of this Agreement carefully before using our Services. All data, design, text,
images, graphics, including all arrangements thereof, contained in the App and Services are
proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By
accessing or otherwise using any portion of the Services, you agree to be bound by the terms of
this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not
access or otherwise use any portion of the Services.
1. USE RESTRICTIONS
In order to accept this Agreement and to use the Services, you must be at least the age required
for admission for the various Venues (i.e. no younger than 18 years of age, but you must be 21
years of age where applicable) ("Minimum Age"). The Services are not intended for users under
the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum
Age; (b) you have all the applicable rights and authority to grant NIGHTLIFE Q the rights granted
herein; and (c) you have read, understood, and agree to be bound by this Agreement. If you are
not at least the Minimum Age, or you do not agree to all the terms and conditions of this
Agreement, you may not use the Services.
You may use the Services only for your own individual personal, non-commercial purposes. You
may only access and/or use the Services through the App or intended methods that NIGHTLIFE Q or
our licensed partners make available to you. Any access or use of our Services through an
application, service, or method provided by a party other than NIGHTLIFE Q or one of our licensed
partners is strictly prohibited, and may subject your account to termination and other legal action.
Any other use not authorized herein, or by NIGHTLIFE Q in writing, is strictly prohibited and a
violation of this Agreement. NIGHTLIFE Q may revoke and/or terminate your use of any aspect of the
Services at any time, for any or no reason.
Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify,
download, intercept, or create any derivative works of the Services, including any translations or
localizations thereof; (b) access or use the Services through an application or means not
authorized by NIGHTLIFE Q; (c) copy, store, edit, change, exploit, download, prepare any derivative
work of, or alter in any way any of the content made available through the Services; (d) reverse
engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms,
underlying ideas, or structure or organization of the Services; (e) remove or alter any trademark,
logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (f)
publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a
third party without NIGHTLIFE Q's prior written consent; (g) provide your username and password
used to access the Services to any third party; (h) use any systems or means, automated or
otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (i)
circumvent any technological measures employed by or on behalf of NIGHTLIFE Q to protect the
Services; (j) use any other technologies or initiate any other activities that may harm the
Services, or the interests or property of NIGHTLIFE Q or other users of the Services; or (k) aid or
encourage any third party to engage in any activity that would constitute a breach of this
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS
AGREEMENT IS STRICTLY PROHIBITED.
2. INTELLECTUAL PROPERTY
All intellectual property within the Services (except for User Content) is owned by NIGHTLIFE Q or
its licensors, which includes materials protected by copyright, trademark, trade dress or patent
laws. All trademarks, service marks and trade names (e.g., the NIGHTLIFE Q name and logos) are
owned, registered and/or licensed by NIGHTLIFE Q. All content on the Services (except for User
Content), including but not limited to text, software, scripts, code, designs, graphics, photos,
sounds, music, videos, applications, interactive features and all other content ("Content") is a
collective work under the United States and other copyright laws and is the proprietary property
of NIGHTLIFE Q, its licensors, vendors, agents and/or its Content providers; All rights reserved.
Except as authorized under the copyright laws, you are responsible for obtaining permission
before reusing any copyrighted material that is available on the Services. For purposes of this
Agreement, the use of any such material on any other website, application or networked
computer environment is prohibited. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of the Services. The
Services may only be used for the intended purpose for which such Services are being made
available. Except as may be otherwise indicated in specific documents within the Services, you
are authorized to view, play, print and download documents, audio and video found on the
Services for personal, informational, and noncommercial purposes only.
3. ACCOUNT REGISTRATION AND TERMINATION; USERNAME/PASSWORD
To order products and/or become a member of the Services, you may be required to register for
an account. You agree to provide accurate and current information about yourself in all
registration forms on the Services. You are responsible for any actions that take place while
using your NIGHTLIFE Q account, and You are entirely responsible for the security and
confidentiality of your username and password. Keep your username/password secure and do not
allow anyone else to use your username/password to access the Services. NIGHTLIFE Q is not
responsible for any loss that results from the unauthorized use of your username/password, with
or without your knowledge.
You or we may suspend or terminate your account or your use of the Services at any time, for
any reason or for no reason. You are personally liable for any orders placed or charges incurred
through your account prior to termination. We may also block your access to the Services in the
event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may cause financial loss or
legal liability for you, our users or us.
4. COMMUNICATION PREFERENCES AND CONSENT
From time to time we may send you communications to the email address associated with your
account. These communications may include, but are not limited to, promotions, special offers,
and other account-related or transactional messages. Also, based on your venue preferences, you
may receive communications from or related to certain Venues by or on behalf of NIGHTLIFE Q.
Additionally, our mobile and tablet Apps may, in some circumstances, offer the ability for you to
receive push notifications in connection with those applications. You will also receive SMS
(Text) messages from the App in relation to your request. Depending on your plan with your
wireless or other applicable provider, you may be charged by your carrier or other applicable
provider. Thus, your provider’s standard message and data rates may apply. You hereby
acknowledge that NIGHTLIFE Q is in no way responsible for any such charges you may incur. By
accepting this Agreement and using the Services, you expressly consent to the receipt of all such
communications from or on behalf of NIGHTLIFE Q as is necessary for your use of the Services. You
may not opt-out of receiving account-related, request-related, or transactional communications.
If you do not agree, you may not use the Services.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Services is not accurate, complete
or current. The material on this Services is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material
within the Services is at your own risk.
The Services may contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to modify the contents
of the Services at any time, but we have no obligation to update any information on our Services.
You agree that it is your responsibility to monitor changes to our Services.
6. USER CONTENT
"User Content" is communications, materials, information, data, opinions, photos, profiles,
messages, notes, website links, text information, music, videos, designs, graphics, sounds,
reviews and any other content that you and/or other Services users post or otherwise make
available on or through the App, except to the extent the Content is owned by NIGHTLIFE Q. User
Content does not represent the views of NIGHTLIFE Q or any individual associated with NIGHTLIFE Q,
and we do not control User Content. In no event shall you represent or suggest, directly or
indirectly, NIGHTLIFE Q’s endorsement of User Content. NIGHTLIFE Q does not vouch for the accuracy or
credibility of any User Content within the Services, and does not take any responsibility or
assume any liability for any actions you may take as a result of reading User Content while using
the Services. Through your use of the Services, you may be exposed to Content that you may
find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of
dealing with underage persons, people acting under false pretense, international trade issues and
foreign nationals. By using the Services, you assume all associated risks.
User Content is not confidential or proprietary. You grant, and warrant that you have the right to
grant, to NIGHTLIFE Q a non-exclusive, non-revocable, worldwide, transferable, royalty-free,
perpetual right to use your User Content in any manner or media now or later developed, for any
purpose, commercial, advertising, or otherwise, including the right to translate, display,
reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize
without any payment due to you.
You are prohibited from using the Services to post or transmit any User Content which infringes
or may infringe third party intellectual property rights or which is threatening, false, misleading,
inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating,
illegal or which could constitute or encourage conduct that would be considered a criminal
offence, violate the rights of any party or which may otherwise give rise to civil liability or
violate any law.
You agree to indemnify, defend, and hold harmless NIGHTLIFE Q, its affiliates, officers, directors,
employees, agents, licensors and suppliers from and against all claims, losses, liabilities,
expenses, damages and costs, including, without limitation, attorneys' fees, arising from or
relating in any way to your User Content, your use of Content, your use of the Services, your
conduct in connection with the Services or with other Services users, or any violation of these
Terms of Service, any law or the rights of any third party.
7. THIRD PARTY LINKS AND ADVERTISMENTS
The Services may present advertisements for or links to third party websites, products, and/or
services ("Third Party Ads"). We are not responsible for the availability of these Third Party
Ads, or the images, messages, or other materials contained therein. Neither NIGHTLIFE Q nor any of
its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor
responsible for any losses or damages of any sort incurred as a result of your participation with,
use of, or reliance on the Third Party Ads, including any goods, products, or services offered by
such Third Party Ads. If you decide to access any Third Party Ads, you do so entirely at your
8. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
In operating the Services, NIGHTLIFE Q may act as a "services provider" (as defined by DMCA) and
offer services as online provider of materials and links to third party websites or applications. As
a result, third party materials that we do not own or control may be transmitted, stored, accessed
or otherwise made available using the Services. If you believe any material available via the
Services infringes a copyright, you should notify NIGHTLIFE Q using the notice procedure for
claimed infringement under the DMCA. We will respond expeditiously to remove or disable
access to the material claimed to be infringing and will follow the procedures specified in the
DMCA to resolve the claim between the notifying party and the alleged infringer who provided
If you believe that your work has been improperly copied and posted on the Services, such that it
constitutes infringement, please provide us with the following information: (1) name, address,
telephone number, email address and an electronic or physical signature of the copyright owner
or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that
you claim has been infringed; (3) a description of where on the Services the material that you
claim is infringing is located; (4) a written statement that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement
by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's behalf. These
requirements must be followed to give NIGHTLIFE Q legally sufficient notice of infringement. Send
copyright infringement complaints to:
NO CLUB COVER LLC dba NIGHTLIFE Q - Legal Department (Copyright)
P.O. Box 335595, N. Las Vegas, Nevada 89033
9. USER REQUESTS
All requests placed through the App are subject to NIGHTLIFE Q's acceptance. This means that CLUB
Q may refuse to accept or may cancel any request, whether or not the same has been confirmed,
for any or no reason, and without liability to you or anyone else.
NIGHTLIFE Q is a separate and independent entity from all Venues listed within the Services. Each
Venue enforces its own policies, rules and regulations, including but not limited to dress codes
and cover charges, and NIGHTLIFE Q has no control or influence over any such policies, rules and
regulations. You are responsible for paying any such charges directly to the Venue, and abiding
by any other policies, rules and regulations imposed by the Venue. NIGHTLIFE Q shall not be liable to
you, or anyone else, in any manner for the imposition of any specific Venue’s policies, rules,
regulations and/or charges. NIGHTLIFE Q MAKES NO REPRESENTATION, WARRNTY OR
GUARANTEE THAT ANY SPECIFIC VENUE WILL GRANT YOU OR ANYONE ELSE
ENTRANCE OR THAT THE SPECIFIC VENUE WILL ACTUALLY RECEIVE YOUR
GUEST LIST REQUEST OR ABIDE BY THE TERMS THEREOF. NIGHTLIFE Q SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE IN RELATION TO ANY VENUE DENYING YOUR
ENTRANCE FOR ANY REASON WHATSOEVER.
We have made every effort to display as accurately as possible the information that appears in
the Services; however, we cannot guarantee that any Venue’s specific promotions will be
honored upon your arrival.
We reserve the right, but are not obligated, to limit the use of the Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the Services we offer. All Services are subject to change at anytime without
notice, at our sole and absolute discretion. We reserve the right to discontinue any of the Services
at any time.
We do not warrant or guarantee the quality of any experience requested through the Services,
and/or that the same will meet your expectations, or that any errors in the Services will be
10. WARRANTY DISCLAIMER
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NIGHTLIFE Q DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SERVICE. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NIGHTLIFE Q DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR
SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO
BE MADE AVAILABLE, THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE
OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE
CORRECTED. INSTALLATION AND USE OF THE SOFTWARE MAY AFFECT THE
USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
11. LIMITATION OF LIABILITY
NIGHTLIFE Q SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS
OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THIS SERVICES OR THE PERFORMANCE OF THE PRODUCTS PURCHASED
THROUGH THE SERVICES OR THE CONDUCT OF OTHER SERVICES USERS
(WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A NIGHTLIFE Q EVENT OR ANY
USER CONTENT, EVEN IF NIGHTLIFE Q HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE
SERVICES. YOUR ONLY REMEDY AGAINST NIGHTLIFE Q FOR USE OF THE SERVICES OR
ANY CONTENT IS TO STOP USING THE SERVICES. THAT SAID, IF NIGHTLIFE Q IS FOUND
TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY
CONNECTED WITH YOUR USE OF THIS SERVICES OR ANY CONTENT, NIGHTLIFE Q'S
LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
further describes the collection and use of Personal Information on this Services.
You agree to indemnify, defend and hold harmless NIGHTLIFE Q and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
14. EXPORT CONTROL AND LEGAL COMPLIANCE
You represent and warrant that you are not (a) located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a "terrorist
supporting" country; and (b) listed on any U.S. Government list of prohibited or restricted
You agree that the Services and the App shall be deemed a passive App solely based in Nevada,
USA, which does not give rise to personal jurisdiction over NIGHTLIFE Q in jurisdictions other than
you and NIGHTLIFE Q shall be governed in all respects by Nevada law, without regard to choice of
law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in
Clark County, Nevada. NIGHTLIFE Q does not guarantee continuous, uninterrupted or secure access
to the Services, and operation of the same may be interfered with by numerous factors outside of
NIGHTLIFE Q’s control. Except where prohibited, you agree that all disputes, claims and legal
proceedings directly or indirectly arising out of or relating to the Services shall be resolved
individually, without resort to any form of class action, and exclusively in the state or federal
courts located in Clark County, Nevada. You consent to waive all defenses of lack of personal
jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and
federal courts of Clark County, Nevada. Any cause of action or claim you may have with respect
to the Services must be commenced within one (1) year after the claim or cause of action arises.
By using the Services, you agree to receive certain electronic communications from NIGHTLIFE Q.
You agree that any notice, agreement, disclosure or other communication that NIGHTLIFE Q sends
you electronically will satisfy any legal communication requirements, including that such
communications be in writing. NIGHTLIFE Q's failure to insist upon or enforce strict performance of
any of these Terms of Service shall not be considered a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall modify any of these Terms of
Service. If any provision of these Terms of Service is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe or describe the scope or extent of
such section. NIGHTLIFE Q may assign its rights and duties under these Terms of Service to any party
at any time without notice to you. These Terms of Service set forth the entire understanding and
agreement between us with respect to the subject matter hereof.
NIGHTLIFE Q reserves the right in its sole discretion to terminate your account, delete your profile
and any of your User Content, and restrict your use of all or any part of the Services for any or
no reason, without notice, and without liability to you or anyone else. NIGHTLIFE Q also reserves the
right to block users from certain IP addresses or Device numbers and prevent access to the
Services. You understand and agree that some of your User Content, such as that which may be
displayed outside your profile, in activity feeds, in other parts of the Services, or on other
websites or applications (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the
App or on other applications or websites even after your User Content is removed or your
account is terminated. These Terms of Service remain in effect even after your account is
terminated. The Terms of Service relating to Intellectual Property, Indemnification, User Content
Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability shall
survive any termination.
17. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.