LAST UPDATED JULY 12TH, 2023

Please read these terms and conditions carefully before using Our Service.

What information does Midnite Systems collect and store?

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined

under the following conditions. The following definitions shall have the same

meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

* Application means the software program provided by the Company downloaded

by You on any electronic device, named Midnite Systems

* Application Store means the digital distribution service operated and

developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play

Store) in which the Application has been downloaded.

* Affiliate means an entity that controls, is controlled by or is under

common control with a party, where "control" means ownership of 50% or

more of the shares, equity interest or other securities entitled to vote

for election of directors or other managing authority.

* Account means a unique account created for You to access our Service or

parts of our Service.

* Country refers to: California, United States

* Company (referred to as either "the Company", "We", "Us" or "Our" in this

Agreement) refers to Midnite Systems, LLC, 25230 Avenue Stanford, Valencia

CA 91355.

* Content refers to content such as text, images, or other information that

can be posted, uploaded, linked to or otherwise made available by You,

regardless of the form of that content.

* Device means any device that can access the Service such as a computer, a

cellphone or a digital tablet.

* Service refers to the Application or the Website or both.

* Terms and Conditions (also referred as "Terms") mean these Terms and

Conditions that form the entire agreement between You and the Company

regarding the use of the Service.

* Third-party Social Media Service means any services or content (including

data, information, products or services) provided by a third-party that

may be displayed, included or made available by the Service.

* Website refers to Midnite Systems, accessible from

<https://midnitesystems.com>

* You means the individual accessing or using the Service, or the company,

or other legal entity on behalf of which such individual is accessing or

using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the

agreement that operates between You and the Company. These Terms and

Conditions set out the rights and obligations of all users regarding the use

of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and

compliance with these Terms and Conditions. These Terms and Conditions apply

to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and

Conditions. If You disagree with any part of these Terms and Conditions then

You may not access the Service.

You represent that you are over the age of 18. The Company does not permit

those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance

of and compliance with the Privacy Policy of the Company. Our Privacy Policy

describes Our policies and procedures on the collection, use and disclosure of

Your personal information when You use the Application or the Website and

tells You about Your privacy rights and how the law protects You. Please read

Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is

accurate, complete, and current at all times. Failure to do so constitutes a

breach of the Terms, which may result in immediate termination of Your account

on Our Service.

You are responsible for safeguarding the password that You use to access the

Service and for any activities or actions under Your password, whether Your

password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us

immediately upon becoming aware of any breach of security or unauthorized use

of Your account.

You may not use as a username the name of another person or entity or that is

not lawfully available for use, a name or trademark that is subject to any

rights of another person or entity other than You without appropriate

authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content

that You post to the Service, including its legality, reliability, and

appropriateness.

By posting Content to the Service, You grant Us the right and license to use,

modify, publicly perform, publicly display, reproduce, and distribute such

Content on and through the Service. You retain any and all of Your rights to

any Content You submit, post or display on or through the Service and You are

responsible for protecting those rights. You agree that this license includes

the right for Us to make Your Content available to other users of the Service,

who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You

have the right to use it and grant Us the rights and license as provided in

these Terms, and (ii) the posting of Your Content on or through the Service

does not violate the privacy rights, publicity rights, copyrights, contract

rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You

expressly understand and agree that You are solely responsible for the Content

and for all activity that occurs under your account, whether done so by You or

any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting,

intended to disgust, threatening, libelous, defamatory, obscene or otherwise

objectionable. Examples of such objectionable Content include, but are not

limited to, the following:

* Unlawful or promoting unlawful activity.

* Defamatory, discriminatory, or mean-spirited content, including references

or commentary about religion, race, sexual orientation, gender,

national/ethnic origin, or other targeted groups.

* Spam, machine – or randomly – generated, constituting unauthorized or

unsolicited advertising, chain letters, any other form of unauthorized

solicitation, or any form of lottery or gambling.

* Containing or installing any viruses, worms, malware, trojan horses, or

other content that is 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 a third person.

* Infringing on any proprietary rights of any party, including patent,

trademark, trade secret, copyright, right of publicity or other rights.

* Impersonating any person or entity including the Company and its employees

or representatives.

* Violating the privacy of any third person.

* False information and features.

The Company reserves the right, but not the obligation, to, in its sole

discretion, determine whether or not any Content is appropriate and complies

with these Terms, refuse or remove this Content. The Company further reserves

the right to make formatting and edits and change the manner of any Content.

The Company can also limit or revoke the use of the Service if You post such

objectionable Content. As the Company cannot control all content posted by

users and/or third parties on the Service, you agree to use the Service at

your own risk. You understand that by using the Service You may be exposed to

content that You may find offensive, indecent, incorrect or objectionable, and

You agree that under no circumstances will the Company be liable in any way

for any content, including any errors or omissions in any content, or any loss

or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not

guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content

that is corrupted prior to being backed up or that changes during the time a

backup is performed.

The Company will provide support and attempt to troubleshoot any known or

discovered issues that may affect the backups of Content. But You acknowledge

that the Company has no liability related to the integrity of Content or the

failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a

location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to

respond to any claim that Content posted on the Service infringes a copyright

or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe

that the copyrighted work has been copied in a way that constitutes copyright

infringement that is taking place through the Service, You must submit Your

notice in writing to the attention of our copyright agent via email at

[email protected] and include in Your notice a detailed description of

the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees)

for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act

(DMCA) by providing our Copyright Agent with the following information in

writing (see 17 U.S.C 512(c)(3) for further detail):

* An electronic or physical signature of the person authorized to act on

behalf of the owner of the copyright's interest.

* A description of the copyrighted work that You claim has been infringed,

including the URL (i.e., web page address) of the location where the

copyrighted work exists or a copy of the copyrighted work.

* Identification of the URL or other specific location on the Service where

the material that You claim is infringing is located.

* Your address, telephone number, and email address.

* A statement by You that You have a good faith belief that the disputed use

is not authorized by the copyright owner, its agent, or the law.

* 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.

You can contact our copyright agent via email at [email protected]. Upon

receipt of a notification, the Company will take whatever action, in its sole

discretion, it deems appropriate, including removal of the challenged content

from the Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are

not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the

content, privacy policies, or practices of any third party web sites or

services. You further acknowledge and agree that the Company shall not be

responsible or liable, directly or indirectly, for any damage or loss caused

or alleged to be caused by or in connection with the use of or reliance on any

such content, goods or services available on or through any such web sites or

services.

We strongly advise You to read the terms and conditions and privacy policies

of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or

liability, for any reason whatsoever, including without limitation if You

breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You

wish to terminate Your Account, You may simply discontinue using the Service.

If you have any questions regarding this Privacy Policy, please contact us at privacy@Midnite Systems.com, or by U.S. mail at the address below:

Limitation of Liability

Not withstanding any damages that You might incur, the entire liability of the

Company and any of its suppliers under any provision of this Terms and Your

exclusive remedy for all of the foregoing shall be limited to the amount

actually paid by You through the Service or 100 USD if You haven't purchased

anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the

Company or its suppliers be liable for any special, incidental, indirect, or

consequential damages whatsoever (including, but not limited to, damages for

loss of profits, loss of data or other information, for business interruption,

for personal injury, loss of privacy arising out of or in any way related to

the use of or inability to use the Service, third-party software and/or third-

party hardware used with the Service, or otherwise in connection with any

provision of this Terms), even if the Company or any supplier has been advised

of the possibility of such damages and even if the remedy fails of its

essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of

liability for incidental or consequential damages, which means that some of

the above limitations may not apply. In these states, each party's liability

will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults

and defects without warranty of any kind. To the maximum extent permitted

under applicable law, the Company, on its own behalf and on behalf of its

Affiliates and its and their respective licensors and service providers,

expressly disclaims all warranties, whether express, implied, statutory or

otherwise, with respect to the Service, including all implied warranties of

merchantability, fitness for a particular purpose, title and non-infringement,

and warranties that may arise out of course of dealing, course of performance,

usage or trade practice. Without limitation to the foregoing, the Company

provides no warranty or undertaking, and makes no representation of any kind

that the Service will meet Your requirements, achieve any intended results, be

compatible or work with any other software, applications, systems or services,

operate without interruption, meet any performance or reliability standards or

be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's

provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information,

content, and materials or products included thereon; (ii) that the Service

will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or

currency of any information or content provided through the Service; or (iv)

that the Service, its servers, the content, or e-mails sent from or on behalf

of the Company are free of viruses, scripts, trojan horses, worms, malware,

timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties

or limitations on applicable statutory rights of a consumer, so some or all of

the above exclusions and limitations may not apply to You. But in such a case

the exclusions and limitations set forth in this section shall be applied to

the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern

this Terms and Your use of the Service. Your use of the Application may also

be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try

to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory

provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is

subject to the United States government embargo, or that has been designated

by the United States government as a "terrorist supporting" country, and (ii)

You are not listed on any United States government list of prohibited or

restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such

provision will be changed and interpreted to accomplish the objectives of such

provision to the greatest extent possible under applicable law and the

remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require

performance of an obligation under these Terms shall not effect a party's

ability to exercise such right or require such performance at any time

thereafter nor shall the waiver of a breach constitute a waiver of any

subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them

available to You on our Service. You agree that the original English text

shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms

at any time. If a revision is material We will make reasonable efforts to

provide at least 30 days' notice prior to any new terms taking effect. What

constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become

effective, You agree to be bound by the revised terms. If You do not agree to

the new terms, in whole or in part, please stop using the website and the

Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact

us:

* By email: [email protected]

* By phone number: 818-877-4977

Midnite Systems, LLC.

Attn: Privacy Officer

28340 Avenue Crocker, Unit B, 102

Santa Clarita, CA