This is an agreement between you (you) and Mast-Jägermeister SE of Jägermeisterstraße 7-15 38296 Wolfenbüttel Germany (we, us, our or Jagermeister), in relation to any services you request through www.save-the-night.com (the Website).
These terms set out the basis upon which you are allowed to use our Website and the services that we provide to you from time to time (the Services). You must be of legal drinking age in your country of residence to use the Website and the Services.
If you want to access or use the Website or Services you must agree to these terms and you acknowledge that these terms form a legally-binding contract between us and you. If you do not want to be bound by these terms, then you should not use the website or the Services.
We may change these terms from time to time by updating the copy of the terms that is on the website. If you are a registered user of the Website, we shall notify you by email of any change to the terms.
These terms were last updated on 16 April 2020.
1. Description of the services we provide
- 1.1 The purpose of the Website is to enable users to book a Meister to lead an online entertainment or skills session for you, your friends and family (Session). A Meister's experience and skills can be viewed via each Meister's profile page on the Website, along with each Meister's availability.
- 1.2 We do not endorse any Meister. The level of skill, experience and qualifications may vary between Meisters.
- 1.3 We provide the Service to you free-of-charge. Payments we make to a Meister shall be made directly by us to the Meister at no cost to you. However, you may choose to make an optional payment directly to the Meister (Tips). Tips are explained further in the Your Responsibilities section below.
- 2.1 In order to use the Services, you must register for and open an account with us. In doing so, please make sure that all of the details that you give to us are accurate and complete, and are kept current and up-to-date whilst you continue to use the Services.
- 2.2 Once you have registered with us and have a log-on ID (including a username and password or other identifier), please do not give this information to anyone else or allow anyone else to use it.
- 2.3 Unless you have notified us that something has happened to cause a risk of unauthorised use of your ID, then any activities that occur under your ID will be treated as if they were carried out by you.
- 2.4 Please notify us immediately via the Website if anyone else has become aware of your ID in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your account.
- 2.5 We may disable any log-on ID at any time if, in our opinion:
- (a) you have not complied with any of these terms;
- (b) any details you provide for the purposes of registering as a user are or may be false; or
- (c) there is any other risk to the security or integrity of the Website or the Services.
3. Appointment as Agent for Meisters
- 3.1 We act as the agent of Meisters for the purpose of negotiating and forming binding agreements between you and any Meister who you agree to lead Sessions for you.
- 3.2 Although we act as agent for certain purposes set out above, we are not a party to the contract between you and any Meister for the performance of any Sessions and we will not be liable to you in relation to the performance of any such Session.
4. Booking Sessions
- 4.1 Sessions may be booked directly with each Meister via the Website. A Session is booked when a time slot has been confirmed through the Website. An email confirmation will be sent to you once your Sessions have been booked via the Website.
5. Cancellation and termination
- 5.1 Once you have booked your Session(s), you may cancel your booking through your account on the Website at any time. We request that you give us and the Meister as much notice as possible if you wish to cancel a Session.
- 5.2 Please notify us as soon as possible via the Contact Us section of the Website if a Meister does not notify you that the Meister needs to cancel a Session or if the Meister fails to log-in for a booked Session.
- 5.3 Meisters may substitute any other person with similar skills to lead your Session if they become unavailable.
6. Your Responsibilities
- 6.1 When using the Website and booking a Session, you must:
- (a) provide accurate and complete information about yourself to each Meister you choose to engage with when booking a Session so that each Meister may adequately and sufficiently prepare for a Session;
- (b) ensure, when booking a Session, that you provide the relevant Meister with the correct log-in details of where the Session is to take place;
- (c) ensure that you log-in at the specified start time and date for the Session and have made suitable arrangements for the Session to take place
- (d) ensure that everyone present during a Session is of legal drinking age in your country of residence;
- (e) notify us, via the Contact Us section below, if a Session does not take place as scheduled or if a Meister's behaviour is inappropriate or otherwise unacceptable; and
- (f) not request Meister to undertake or engage in any behaviour which is inappropriate or illegal.
- 6.2 If you enjoy the entertainment provided by a Meister during a Session, you may at your absolute discretion choose to pay a Tip directly to the Meister. To pay a Tip, we encourage you to use PayPal. Do not provide your banking details under any circumstances. If you feel pressured to pay a Tip or you otherwise have any concerns with a Meister, please let us know. Our contact details are in the Contact Us section.
7. Intellectual property rights
- 7.1 All intellectual property rights in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
- 7.2 Please respect the wishes of each Meister if they ask not to be photographed or recorded (including audio and / or visual recording or screenshots) during a Session (Record).
- 7.3 If you upload any user content to the Website, you retain any intellectual property rights you may have in any such content (including any photos, Meister reviews and other such content), however you agree to grant us, our affiliates and anyone else permitted by us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to copy, adapt, create derivative works from and communicate to the public all such content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author of such content.
- 7.4 By submitting any user content to or via the Website, you agree to the following:
- (a) you are publishing such content and therefore you may be identified publically by your name or log-on ID in association with your content;
- (b) if and to the extent that any content provided by you contains any material that is subject to a third party's intellectual property rights or other proprietary rights (including any content created by your friends and family who may join you during a Session), you will have obtained all necessary permissions to upload all such material and to grant us, our affiliates and licensors all of the licence rights set out in these terms;
- (c) you will indemnify us, our affiliates and licensees, from all claims, liabilities and losses that arise from:
- (i) any claim that any content provided by you infringes the intellectual property rights of a third party or is otherwise illegal or unlawful;
- (ii) any breach by you of these terms;
- (iii) any breach of these terms by any person accessing the site under your log-in details.
8. User content
- 8.1 The Website allows the addition of user-generated content and communications in the form of Meister reviews (collectively 'user content'). We do not control user content, nor is user content actively moderated. You are solely responsible for the content of any user content submitted by you.
- 8.2 If you provide any user content, you must:
- (a) keep all user content relevant to the purpose of the topic concerned;
- (b) not submit any user content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- (c) ensure user content does not feature anyone under the legal drinking age in your country of residence;
- (d) not submit any user content that contains any viruses and/or other code that has contaminating or destructive elements;
- (e) not submit any user content containing any form of advertising; and
- (f) not impersonate, or misrepresent an affiliation with, any person or entity.
- 8.3 You agree that, by submitting any user content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such user content.
- 8.4 Whilst we do not pre-screen user content, we reserve the right, in our sole discretion, to delete or take down, edit or modify any user content, at any time without notice.
- 8.5 Complaints about the content of any user content must be sent to firstname.lastname@example.org and must contain details of the specific user content giving rise to the complaint.
9. Use of the website
- 9.1 You may only use the Website for your own personal use and only in accordance with these terms and conditions. You may retrieve and display content from the Website on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Website and, where they apply, will be displayed on-screen or accessible via a link.
- 9.2 We do not guarantee the continuous, uninterrupted or error-free operation of the Website or that the Website will perform at a certain speed (since this depends on a number of factors outside our control such as failures of internet access) and, in particular, the Website may be unavailable from time to time due to scheduled maintenance or upgrades.
- 9.3 We may suspend the operation of the Website or Services, or cease to provide and/or update content to the Website, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons.
- 9.4 We may impose limits on certain features of the Website or restrict your access to parts or the entire website without notice or liability.
- 9.5 You should use the Website in a lawful manner and, in particular, you should not use the Website (or upload anything to the Website or the Services) in such a way as to:
- (a) upload, store or transmit any malicious code or other similar harmful software;
- (b) remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or any servers on which it is hosted;
- (c) use the Website in a way that might damage our name or reputation or that of any of our affiliates; or
- (d) otherwise do anything that is not expressly permitted by these terms.
- 9.6 We do not guarantee that any particular content will be made available via the Website. We do not (and have no obligation to) monitor the use of the Website or any content uploaded to it by other Website users.
10. What you are not allowed to do
- 10.1 Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- (a) store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
- (b) remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
- (c) create links to the Website from any other website, without our prior written consent; or
- (d) Record any Meister if they have asked you not to make a Recording.
- 10.2 You must only use the Website and anything available from the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
- 10.3 All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
11. Website content
- 11.1 We may change the format and content of the Website from time to time. You agree that your use of the Website is on an 'as is' and 'as available' basis and at your sole risk.
- 11.2 Whilst we try to make sure that all information contained on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
- 11.4 We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
12. Your personal information
- 12.1 Use of your personal information submitted to or via the Website is governed by our Privacy Notice.
13. External links
- 13.1 The Website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
- 14.1 Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
- 14.2 These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the Website will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
15. Contact us
- 15.1 Please submit any questions you have about these terms or any problems concerning the website:
- (a) via our Website;
- (b) by email to: email@example.com.