This agreement is written in English (CA). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: February 4th, 2018

Statement of Rights and Responsibilities

    This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Night Stand, which we call the "Night Stand Service" or "Service". By using or accessing the Service, you agree to this Statement, as updated from time to time.

  1. Privacy

    • Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Night Stand to connect with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.

  2. Sharing Your Content and Information

    • We don't! You own all of the content and information you post on Night Stand, and you control how it is shared.

  3. Safety

    • We do our best to keep Night Stand safe, but we cannot guarantee it. We need your help to keep Night Stand safe, which includes, but is not limited to, the following commitments by you (see our Data Policy for more):

      • You will not post unauthorized commercial communications (such as spam) on Night Stand.
      • You will not collect users' content or information, or otherwise access Night Stand, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
      • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Night Stand.
      • You will not upload viruses or other malicious code.
      • You will not solicit login information or access an account belonging to someone else.
      • You will not bully, intimidate, or harass any user.
      • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains graphic or gratuitous violence.
      • You will not use Night Stand to do anything unlawful, misleading, malicious, or discriminatory.
      • You will not do anything that could disable, overburden, or impair the proper working or appearance of Night Stand, such as, but not limited to, a denial of service attack or interference with page rendering or other Night Stand functionality.
      • You will not facilitate or encourage any violations of this Statement or our policies.

  4. Registration and Account Security

    • Here are some commitments you make to us relating to registering and maintaining the security of your account:

      • You will not create an account for anyone other than yourself without permission.
      • You will not create more than one personal account.
      • If we disable your account, you will not create another one without our permission.
      • You will not use your personal account for your own or another's commercial gain.
      • You will not use Night Stand if you are under the age of majority in your province/state/country/territory/etc.
      • You will not use Night Stand if you are a convicted sex offender.
      • You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
      • You will not transfer your account to anyone without first getting our written permission.
      • If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  5. Protecting Other's Rights

    • We respect other people's rights, and expect you to do the same.
      You will not post content or take any action on Night Stand which infringes or violates someone else's rights or otherwise violates the law.
      We can remove any content or information you post on Night Stand if we believe that it violates this Statement or our policies.
      If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
      You will not use our copyrights or Trademarks or any confusingly similar marks.
      If you collect information from users, you will: obtain their consent, make it clear you (and not Night Stand) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
      You will not post anyone's identification documents or sensitive financial information on Night Stand.
      You will not send email invitations to non-users without their consent.

  6. Payments


  7. Amendments

    • If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Terms Page.
    • Your continued use of the Service, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

  8. Termination

    • If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing the Night Stand Service to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate.

  9. Disputes

    • You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Night Stand exclusively in the Surrey Provincial Courts or other Provincial court located in Fraser Valley, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Canada will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    • If anyone brings a claim against us related to your actions, content or information on Night Stand, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim(s). Although we provide rules for user conduct, we do not control or direct users' actions on Night Stand and are not responsible for the content or information users transmit or share on Night Stand. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Night Stand. We are not responsible for the conduct, whether online or offline, of any user of Night Stand.
    • WE TRY TO KEEP THE SERVICE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. NIGHT STAND IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NIGHT STAND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR NIGHT STAND WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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. IN SUCH CASES, NIGHT STAND'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    • We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Night Stand outside Canada:
    • You consent to having your personal data transferred to and processed in Canada.
    • You will not use Night Stand if you are prohibited from receiving products, services, or software originating from Canada.

  10. Definitions

    • By "Night Stand" or "Night Stand Services" we mean the features and services we make available.
    • By "Platform" we mean a set of services (such as content) that enable others to retrieve data from Night Stand or provide data to us.
    • By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Night Stand.
    • By "content" we mean anything you or other users post, provide or share using Night Stand Services.
    • By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Night Stand or provide to Night Stand through Platform.
    • By "post" we mean post on Night Stand or otherwise make available by using Night Stand.
    • By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    • By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
    • By "Trademarks" we mean the list of trademarks provided here.

  11. Other

    • This Statement is an agreement between you and Night Stand. References to us, we, and our mean Night Stand.
    • This Statement makes up the entire agreement between the parties regarding Night Stand, and supersedes any prior agreements.
    • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    • If we fail to enforce any of this Statement, it will not be considered a waiver.
    • Any amendment to or waiver of this Statement must be made in writing and signed by us.
    • You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
      All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by
    • operation of law or otherwise.
    • Nothing in this Statement shall prevent us from complying with the law.
    • This Statement does not confer any third party beneficiary rights.
    • We reserve all rights not expressly granted to you.
    • You will comply with all applicable laws when using or accessing Night Stand.


By using or accessing Night Stand Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. These additional terms apply to all payments made on or through Night Stand, unless it is stated other terms apply.



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