The NIGHTLER department of DEPIXIT Sàrl (“DEPIXIT”) may be contacted at the following address:
Depixit S.à r.l.
29, rue de Vianden
Access to the Platform
The Platform is accessible to anyone who owns a smartphone running iOS, android or Windows Phone. All costs relating to the access and use of the Platform, whether costs for hardware, software or Internet access, shall be borne exclusively by the Users.
Users are responsible for the proper functioning of their hardware, Internet access and GPS service.
Some sections of the Platform may be reserved to Users who have previously created an account under the conditions set out below and are duly identified with their user name and password.
NIGHTLER shall not be held liable for the use of any software or hardware selected by the User.
Creation of an account
Account creation is only possible using a FACEBOOK (www.facebook.com owned by Facebook Inc.) account. During this process, NIGHTLER will receive information from your FACEBOOK profile and ask you which information you want to provide.
When creating their account, Users expressly undertake not to use false information or use a so-called "Fake account" or "Fake-Profile".
Users may disable their account by clicking on the “Disable my account” button in the User's setting section in the mobile App. Disabling an account does not remove this Account's data from the Platform's servers, but only renders the disabled Account's content invisible to other users.
Use of the Platform
Users may not interfere with the security of, or otherwise abuse, the Product or any system resources, services or networks connected to or accessible through the Platform.
The manipulation of the User's GPS position (by f.e. using additional GPS manipulation software on your phone) is strictly prohibited and may result in a permanent ban from the Platform.
Users may only use the Platform for lawful purposes. Users are also prohibited from using the Platform to defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others.
The Platform uses GPS features, allowing it to track the User's position. By using the Platform, Users understand, that they can switch these services off either directly on their phone, or personalized in their NIGHTLER account settings. NIGHTLER never saves, nor shares GPS position data. GPS data is only shared with the User's own device to improve his experience with the Platform.
Users oblige not to abuse the Checkin function of the App, to collect checkins on places where they are not physically present. NIGHTLER reserves the right to ban a User's account, if he violates this condition on purpose, e.g. to increase his chances of winning special giveaways in relation to the Platform's functionalities.
A User's checkin can not be considered as physically accurate, and does not guarantee, that the Person (User) is physically present at the position of his checkin. NIGHTLER can not be held responsible for any events in relation to NIGHTLER checkins.
Withdrawing of Uploaded content from the Platform
Specific provision for Content Suppliers
To be displayed on the Platform, Uploaded content must not (i) infringe the rights of third parties, including the right to privacy and data protection, image rights and intellectual property rights, or (ii) promote, support, strengthen or incite the commission of illegal activities or contrary to public order and morality.
Images must particularly not be posted or shared on the Platform if they violate intellectual property, contain child pornography or violate any other law. Additionally the Supplier must not upload pornographic content or content displaying brutality, violence or gore.
When posting impressions, Users oblige to post pictures and text messages in relation to the location where they are actually checked in.
NIGHTLER reserves the discretion to assess whether these conditions are met and therefore the right to accept or reject and remove the uploaded content without having to justify its decision, according to its own assessment of these criteria. NIGHTLER also reserves the right to ban a User's Account if he violates the terms mentioned above.
The Supplier is responsible for any content he/she uploaded on the Platform and agrees to obtain all necessary rights and authorizations, particularly in terms of image rights and intellectual property rights, whatever it may be, allowing him/her to upload that content on the Platform.
If NIGHTLER becomes the subject of any dispute or extra-litigation claim, administrative, civil or criminal action, due to a third party alleging a violation of his/her rights or having suffered a damage as a result of the contents published by the Supplier on the Platform, the Supplier agrees to hold harmless and indemnify DEPIXIT/NIGHTLER for any consequences, direct or indirect, financial or another which may result from such dispute, claim or action, at first request from NIGHTLER.
The Supplier grants NIGHTLER for free, throughout the world and for the duration of the Parties’ relationship, all the intellectual property rights required to enable NIGHTLER to disseminate the Uploaded content on the Website, and agrees not to contest the use of the Uploaded content by NIGHTLER.
The Supplier also agrees to authorize the Users to use the Uploaded contents for personal use only. Users/Contributors shall refrain to make any unlawful, commercial, or promotional use of the Uploaded contents.
Notice and procedure for reporting Users or Uploaded contents
NIGHTLER respects other people rights, and in particular intellectual property rights of others, and expects Users to do the same. However, NIGHTLER assumes no liability regarding the Uploaded content or any content posted online by the Users.
NIGHTLER also provides Users with tools to help them to protect their intellectual property rights or themselves.
If you believe that a User (i) is using your work without your permission in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, or (ii) is harassing you or spamming, or (iii) if you notice that a User is not a real person or that an account is a fake, you may wish to submit a report by contacting NIGHTLER.
If you wish to have content removed, you can contact NIGHTLER at:
Depixit S.à r.l.
29, rue de Vianden
If you do so, you must include the following information in your claim:
If you repeatedly infringe other people’s intellectual property rights without proof, NIGHTLER reserves the right to disable your account.
If NIGHTLER disables your account, you will not be able to create another one with the same Facebook Account without NIGHTLER’s prior authorization.
All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, buttons, software, audio and other files, databases) are the property of DEPIXIT and may be protected by intellectual property laws, and notably by copyright and trademark laws.
NIGHTLER allows the User to access and use the Platform and its contents exclusively for personal purposes. Any professional or commercial use of these elements is strictly prohibited. Users may not create derivative works from or otherwise exploit the elements of the Platform in any way.
NIGHTLER reserves all rights on the Platform. Access to and use of the Platform cannot be considered as an assignment or a license agreement. Consequently, Users are prohibited from using the Platform for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Platform, including in particular its structure, its graphics, its object code or source and its content (including texts, graphics, images, video, information, logos, icons, buttons, software, audio and other files, databases), without the prior and written express consent of NIGHTLER.
Users may not use metatags or any other hidden text containing the word “NIGHTLER” or any other name, trademark, or product or service name of NIGHTLER, without NIGHTLER’s prior written permission.
Any non-authorized use of the Website, in whole or in part, or of any of its components, including NIGHTLER trademark(s), by any process whatsoever, constitutes an infringement punishable by law.
Functioning, modification, suspension or interruption of the Platform
NIGHTLER cannot be held liable for malfunctions or failures of the network or servers or other technical malfunction beyond its reasonable control that prevent or alter access to all or part of the Platform, nor in the case of a force majeure event, as defined below.
NIGHTLER can also not be held liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact the User use of its computer equipment, or other property, which may result from User access or use to the Platform.
The User's attention is drawn to Internet limitations and constraints and to the fact that NIGHTLER cannot therefore guarantee the total security of data exchanges. The User is expected to take all necessary measures to protect him/herself against unauthorized intrusions within his/her information system, notably by securing his/her Internet connection by a password and a security code or by using appropriate anti-virus software.
Furthermore, the User is informed that functioning of the Platform and response times may vary according to his/her system of connection parameters and his/her Internet access service network. NIGHTLER assumes no responsibility in that regard.
Consequently, NIGHTLER can in no case be held liable, directly or indirectly, due to any malfunction of the Platform, and notably in the case of loss of data saved by the User on his/her personal account or of a damage caused to the hardware or software used by the User to access or use the Website, caused by:
Users assume all responsibility and risk for use of the Platform and of its elements, including without limitation the information and content contained herein.
Currency of the Platform
NIGHTLER updates the information on the Website and Platform regularly. However, NIGHTLER cannot guarantee the accuracy, currency or completeness of all the information on the Platform and Website.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
The Platform may contain links or references to websites, including social networks, belonging to third parties. The inclusion of these links does not imply that NIGHTLER endorses these websites. NIGHTLER does not accept any responsibility for the content of these websites.
Users can make on their personal website, if any, a direct link to the home page of the Website, provided that such personal website, in whole or in part, complies with the law, the public order and morality, and is not likely to prejudice the reputation of NIGHTLER.
The inclusion of such a link on the above conditions may in no way be interpreted as an implicit affiliation agreement or as involving a contract between NIGHTLER and the owner of a third party website.
Framing and In-line linking are strictly prohibited.
In any case, any link made to the Website must be removed if requested by NIGHTLER.
Any hypertext link to the Website requires the prior written express consent of NIGHTLER.
Computer data generated as a result of access to and use of the Platform (the "Connection Data") may be stored and archived within the limits prescribed by law, by NIGHTLER within its computer system, in conditions that ensure the integrity of such data.
Electronic transmission of Connection Data through the Platform is considered by the Parties as evidence of the existence, content, origin, sending, integrity, date and hour, and receiving of the Connection Data; it being agreed that the sending and receipt are deemed to occur at the same time.
Connection data are considered by the Parties as proof of communications between them.
Connection data constitutes documentary evidence within the meaning of Article 1341 of the Luxembourg Civil Code and has the same probative value as a document created, received or kept in writing on paper.
Therefore, Connection Data may be validly produced as evidence by NIGHTLER and be opposed to the User in connection with any claim or action with the same value as any document created, received or kept in writing on paper, which the User expressly acknowledges.
The User agrees not to contest the admissibility, enforceability or probative value of the Connection Data purely because of their electronic nature. Users may access their Connection Data on request addressed to NIGHTLER by mail or email.
Governing law and jurisdiction