NIGHT SCENE CLUB TERMS & CONDITIONS
Effective Date: 25 September 2026
These Club Terms & Conditions (“Terms”) govern the use of the Night Scene platform by nightclubs, bars, lounges, entertainment venues, event organizers, promoters, and their authorized representatives.
Night Scene is operated by WMP LLC, a business operating from Puerto Rico, with its principal business address at 954 Avenida Ponce de León, Miramar Plaza, Suite 205-PMB# 10164, San Juan, Puerto Rico 00907 (“Night Scene,” “we,” “us,” or “our”).
1. Acceptance of These Terms
These Terms constitute a legally binding agreement between Night Scene and the business or organization that creates or uses a Club Account (“Club,” “you,” or “your”).
By creating a Club Account, selecting an acceptance checkbox, publishing content, or otherwise using Night Scene on behalf of a Club, you:
- Agree to be bound by these Terms.
- Confirm that you have the legal authority to act for and bind the Club.
- Agree to comply with all applicable Puerto Rico municipal and Commonwealth laws, applicable United States federal laws, and any laws applicable where the Club or its events operate.
If you do not agree to these Terms, you must not create or use a Club Account.
The Night Scene Privacy Policy, Community Guidelines, Content Standards, Referral Program Terms, payment terms, and any additional policies presented through the platform are incorporated into these Terms.
Night Scene maintains a zero-tolerance policy regarding Child Sexual Abuse and Exploitation (“CSAE”) and Child Sexual Abuse Material (“CSAM”). Every Club and Club representative must comply with the child-safety requirements contained in these Terms, the Night Scene Community Guidelines, and all applicable child-protection laws. These requirements apply to all content, messages, comments, events, promotions, profiles, links, and interactions made available through Night Scene.
2. The Night Scene Platform
Night Scene is a social discovery platform that allows Clubs to promote their venues and events to users.
The platform may allow Clubs to:
- Create and manage public Club profiles.
- Publish event listings, photographs, videos, captions, and updates.
- Appear in user feeds, search results, and map-based discovery features.
- Receive follows, likes, comments, shares, and notifications.
- Communicate with users through messages and comments.
- Create or participate in groups or other community features.
- Participate in trials, referral programs, advertising services, or promotional opportunities.
- Access additional features introduced by Night Scene.
Night Scene provides the technology through which Clubs and users can discover and communicate with one another. Unless expressly stated otherwise, Night Scene does not organize, own, operate, manage, supervise, sponsor, or control the Clubs or events displayed on the platform.
3. Club Eligibility
A Club Account may be created only for a legitimate nightclub, bar, lounge, music venue, entertainment venue, event venue, or other nightlife business approved by Night Scene.
Promoters, marketing agencies, employees, contractors, or other representatives may create or manage an account only when authorized by the relevant Club.
You represent and warrant that:
- The Club is legally established and authorized to conduct business.
- You are at least 18 years old and legally capable of entering into a binding agreement.
- You possess the authority required to represent the Club.
- The Club holds all permits, licenses, registrations, insurance, and governmental approvals required for its operations.
- Neither you nor the Club has previously been prohibited from using Night Scene.
- The Club will not permit any person under 18 years of age to create, administer, or access its Club Account.
- The Club will comply with all applicable laws governing the admission, employment, participation, photography, filming, and protection of minors.
- The Club will not use Night Scene to target minors with nightlife, alcohol-related, sexually suggestive, or otherwise age-inappropriate content.
- The Club will maintain appropriate safeguarding procedures whenever minors are lawfully permitted to attend, participate in, perform at, or work in connection with an event.
Night Scene may request documentation verifying the identity, ownership, legal status, licensing, address, or authority of a Club or its representatives.
4. Account Registration and Information
You must provide accurate, current, and complete information when registering and using a Club Account.
This may include:
- The Club’s legal and trading names.
- Its physical address and location.
- Contact information.
- Website and social media details.
- Business registration information.
- Alcoholic beverage licenses or other operating permits.
- Information identifying authorized representatives.
- Payment and tax information, where applicable.
You must promptly update this information when it changes.
Night Scene may reject an application, delay activation, restrict features, or request additional verification when submitted information is incomplete, inaccurate, inconsistent, or cannot be verified.
Approval of a Club Account does not constitute a certification, endorsement, or guarantee that the Club complies with every applicable legal requirement.
5. Account Security
You are responsible for protecting the credentials associated with the Club Account and for all activities performed through the account.
You must:
- Limit access to authorized representatives.
- Use reasonable safeguards to protect account credentials.
- Remove access when a representative is no longer authorized.
- Notify Night Scene promptly if you suspect unauthorized access, credential theft, or another security incident.
- Ensure that all account users comply with these Terms.
You may not sell, transfer, rent, or provide access to a Club Account to an unauthorized person.
Night Scene will not be responsible for loss resulting from your failure to protect account credentials, except where responsibility cannot legally be excluded.
Suspected security incidents must be reported to nightscene@altcircleapps.com.
6. Club Profiles
A Club profile must accurately represent the Club and must not mislead users regarding its identity, location, facilities, services, operating hours, affiliations, or legal status.
The Club is responsible for ensuring that:
- Its name, address, and contact information are correct.
- Its map location is accurate.
- Photographs and videos reasonably represent the venue or event being promoted.
- Any accessibility, parking, dress code, admission, or age information is accurate.
- Claims concerning awards, popularity, performers, facilities, sponsors, or affiliations can be substantiated.
- The profile is updated when material information changes.
Night Scene may correct, restrict, hide, or remove profile information that appears inaccurate, misleading, unlawful, outdated, or inconsistent with these Terms.
7. Event Listings
The Club is solely responsible for every event it publishes or promotes through Night Scene.
Each event listing must accurately state all material information, including, where applicable:
- The event name.
- The venue and address.
- The event date.
- The start and end times.
- Admission prices and mandatory fees.
- Age restrictions.
- Ticketing or reservation requirements.
- Performer, host, or sponsor information.
- Dress codes.
- Capacity restrictions.
- Cancellation or refund conditions.
- Accessibility information.
- Any other condition likely to affect a user’s decision to attend.
- Whether the event is restricted to adults or subject to a minimum admission age.
- Any age-verification or identification requirements.
- Whether minors may attend and, if applicable, whether they must be accompanied by a parent, legal guardian, or other authorized adult.
You must not describe an event, performer, sponsor, offer, or amenity as confirmed unless you have a reasonable basis for doing so and all necessary permissions have been obtained.
You must not publish:
- Fabricated or nonexistent events.
- Duplicate listings intended to manipulate visibility.
- False claims about availability, attendance, popularity, or demand.
- Misleading prices or offers.
- Bait-and-switch promotions.
- Events that violate applicable law or licensing restrictions.
- Events that facilitate, encourage, depict, or create a foreseeable risk of child abuse, sexual exploitation, grooming, trafficking, sextortion, or other harm to a minor.
If minors are lawfully permitted to attend or participate in an event, the Club must accurately disclose the applicable age conditions and implement all legally required safeguarding, supervision, admission, and age-verification measures.
8. Event Changes and Cancellations
The Club must promptly update an event listing when an event is postponed, canceled, relocated, rescheduled, materially changed, or sold out.
Where appropriate, the Club must also notify affected attendees or ticket holders through the communication methods available to it.
Night Scene may display cancellation or change notices when it becomes aware of a material change. However, the Club remains responsible for communicating with attendees and fulfilling all obligations concerning tickets, reservations, refunds, rescheduling, and consumer claims.
Night Scene is not responsible for losses resulting from a Club’s failure to update an event listing or inform users of a material change.
9. Club Operations and Legal Compliance
The Club is solely responsible for operating its venue and events safely and lawfully.
This responsibility includes compliance with requirements relating to:
- Business and municipal permits.
- Alcoholic beverage licenses.
- Music, entertainment, and performance licenses.
- Fire, building, occupancy, and safety codes.
- Crowd capacity and crowd management.
- Security personnel.
- Emergency procedures.
- Accessibility.
- Health and sanitation.
- Noise restrictions.
- Tax obligations.
- Employment and contractor requirements.
- Performer, vendor, and promoter agreements.
- Consumer protection and advertising.
- Insurance coverage.
- Child safeguarding, age verification, supervision, and mandatory reporting obligations.
Where the Club operates in Puerto Rico, it must maintain all licenses and permits required by the Puerto Rico Department of the Treasury, the Alcoholic Beverages Licensing Bureau, the relevant municipality, the Puerto Rico Permits Management Office, and any other authority with jurisdiction over its activities.
10. Admissions and Venue Safety
The Club is responsible for all admission decisions and all events occurring at or in connection with its venue.
Night Scene does not:
- Verify admission eligibility.
- Confirm reservations or ticket ownership.
- Perform identification or age checks.
- Conduct security screenings.
- Determine whether a person is intoxicated.
- Control capacity limits.
- Provide transportation or security services.
- Guarantee admission to an event.
A Night Scene account, profile, follow, invitation, message, referral, event listing, or other platform interaction does not establish a right of entry into a Club or event.
The Club must apply its admission policies lawfully and must not engage in unlawful discrimination.
When an event or venue is restricted by age, the Club is solely responsible for verifying the age and identity of attendees and preventing unlawful or inappropriate access by minors. Night Scene’s age-related settings, notices, or account information do not replace the Club’s obligation to conduct legally required identification and admission checks.
11. Alcohol and Age-Restricted Activities
The Club is solely responsible for complying with all Puerto Rico and applicable federal laws governing alcoholic beverages and other age-restricted products or activities.
The Club must not use Night Scene to:
- Sell, supply, or facilitate the unlawful sale of alcohol.
- Promote alcohol to persons who are below the legal drinking age.
- Encourage excessive, irresponsible, or dangerous consumption.
- Encourage drinking and driving.
- Suggest that alcohol improves social, sexual, professional, athletic, or personal success.
- Misrepresent the strength, ingredients, price, availability, or effects of an alcoholic product.
- Promote any activity that violates the conditions of the Club’s alcoholic beverage license.
- Direct age-restricted promotions or adult-oriented nightlife content toward minors.
- Use imagery, language, performers, themes, or promotional methods designed to make alcohol or other age-restricted activities appeal specifically to minors.
The Club is responsible for verifying a patron’s age and identity before selling or serving alcoholic beverages. Night Scene does not verify that a platform user is legally permitted to purchase or consume alcohol.
Where required, Club posts must contain appropriate age restrictions, eligibility requirements, geographic limitations, responsible-consumption notices, and other legally required disclosures.
12. Promotions, Contests, and Giveaways
The Club is solely responsible for any promotion, contest, giveaway, sweepstakes, happy hour, discount, guest-list offer, or similar campaign advertised through Night Scene.
The Club must:
- Ensure that the promotion is lawful in Puerto Rico and every jurisdiction in which it is offered.
- Publish clear and complete eligibility requirements.
- State the promotion period and material restrictions.
- Explain how a winner will be selected, where applicable.
- Identify any purchase requirement.
- Disclose applicable fees, taxes, or obligations.
- Obtain any permit, bond, registration, or approval required by law.
- Award prizes as represented.
- Clearly state when Night Scene is not the sponsor or administrator.
- Apply and disclose appropriate age restrictions.
- Ensure that alcohol-related or adult-oriented promotions are not offered or marketed to minors.
Unless Night Scene expressly agrees otherwise in writing, Night Scene is not a sponsor, administrator, judge, or prize provider for Club promotions.
13. Advertising and Consumer Protection
All advertisements, offers, prices, event descriptions, endorsements, and promotional statements published by the Club must be truthful, clear, and capable of substantiation.
The Club must comply with applicable Puerto Rico consumer-protection requirements, including rules and regulations administered by the Puerto Rico Department of Consumer Affairs, commonly known as DACO, and applicable United States Federal Trade Commission requirements.
The Club must clearly disclose:
- Mandatory charges and material purchasing conditions.
- Limitations affecting an advertised offer.
- Paid endorsements or material commercial relationships.
- Sponsored content.
- Influencer, performer, or promoter relationships where disclosure is legally required.
- Age restrictions and any other eligibility requirements applicable to an event, promotion, product, or service.
The Club must not publish false, deceptive, confusing, or misleading advertisements.
14. Club Content
“Club Content” means any information or material submitted, uploaded, posted, transmitted, or otherwise made available by or for the Club through Night Scene.
Club Content includes:
- Event information.
- Text and captions.
- Photographs and videos.
- Audio and music.
- Logos and trademarks.
- Advertisements and promotions.
- Links.
- Messages and comments.
- Business and location information.
The Club retains ownership of its Club Content.
By submitting Club Content, you grant Night Scene a worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, format, adapt, translate, publish, distribute, display, perform, promote, and otherwise use the Club Content as reasonably necessary to:
- Operate and provide Night Scene.
- Display the Club and its events to users.
- Promote Night Scene and the Club’s presence on the platform.
- Improve platform functionality.
- Distribute content through supported devices, formats, services, and promotional channels.
This license continues while the Club Content remains available through Night Scene and for a reasonable period afterward for backups, legal compliance, dispute resolution, fraud prevention, safety investigations, and previously created promotional materials.
15. Rights and Permissions
You represent and warrant that you own or have obtained all rights, licenses, permissions, releases, and consents needed to publish the Club Content and grant the license described in these Terms.
This includes applicable rights relating to:
- Music and sound recordings.
- Performers and DJs.
- Photographers and videographers.
- Artwork and graphic designs.
- Trademarks and logos.
- Patrons and other identifiable individuals.
- Privacy and publicity rights.
- Sponsors, promoters, and business partners.
- Filming and photography locations.
- The lawful participation, photography, filming, or recording of any minor appearing in Club Content, including any consent required from a parent or legal guardian.
Night Scene’s acceptance or publication of Club Content does not mean that Night Scene has verified that these rights were obtained.
Permission from a parent or legal guardian does not authorize content or conduct that sexually exploits, abuses, endangers, or inappropriately sexualizes a minor.
16. Prohibited Content, Conduct, and Child Endangerment
The Club must not use Night Scene to create, upload, publish, promote, transmit, solicit, distribute, link to, store, facilitate, or otherwise make available:
- Illegal, fraudulent, or deceptive activity.
- False or misleading event information.
- Harassment, threats, stalking, intimidation, or abuse.
- Hate speech or unlawful discrimination.
- Defamatory content.
- Nonconsensual sexual content or intimate imagery.
- Human trafficking or sexual exploitation.
- Illegal drug sales or distribution.
- Dangerous or unlawful weapons-related activity.
- Violence or credible threats of violence.
- Copyright, trademark, privacy, publicity, or other rights violations.
- Malware, phishing, credential theft, or malicious code.
- Spam or unsolicited bulk communications.
- Fake engagement, fabricated reviews, or manipulated interactions.
- Undisclosed paid endorsements.
- Attempts to bypass platform restrictions, moderation, fees, age controls, reporting tools, or security measures.
16.1 Zero Tolerance for Child Sexual Abuse and Exploitation
Night Scene strictly prohibits Child Sexual Abuse and Exploitation (“CSAE”) and maintains a zero-tolerance policy toward any content or conduct that sexually abuses, exploits, endangers, or facilitates harm to a person under 18 years of age.
“Child Sexual Abuse Material” or “CSAM” means any visual, audiovisual, written, or other material that depicts, represents, promotes, facilitates, or documents the sexual abuse or sexual exploitation of a minor, including material that is illegal under applicable law.
Prohibited child-endangerment content and conduct include:
- Creating, uploading, possessing, requesting, offering, sharing, distributing, promoting, or linking to CSAM.
- Sexualizing a minor or portraying a minor in a manner that encourages or could facilitate sexual exploitation.
- Grooming or attempting to build a relationship of trust with a minor for sexual abuse, sexual contact, exploitation, trafficking, or the exchange of sexual content.
- Soliciting sexual images, videos, messages, meetings, services, or conduct from or involving a minor.
- Engaging in sexual conversations with a minor or sending sexually explicit or sexually suggestive content to a minor.
- Sextortion, including threatening, coercing, manipulating, or blackmailing a minor using actual or alleged intimate content.
- Advertising, soliciting, recruiting, transporting, harboring, offering, or facilitating a minor for sexual exploitation or trafficking.
- Arranging or attempting to arrange sexual contact or an unsafe in-person meeting involving a minor.
- Sharing information that identifies, locates, targets, or facilitates access to a minor for abusive or exploitative purposes.
- Encouraging, praising, normalizing, instructing, or assisting any form of child sexual abuse or exploitation.
- Using events, promotions, groups, comments, links, profiles, or private messages to facilitate predatory behavior toward a minor.
- Retaliating against, intimidating, or attempting to silence a person who reports suspected child abuse or exploitation.
These prohibitions apply regardless of whether the prohibited conduct occurs publicly or privately, online or offline, and regardless of whether the content is described as fictional, artistic, humorous, promotional, or consensual. A minor cannot legally consent to sexual exploitation or abuse.
16.2 Club Responsibilities
The Club and its representatives must:
- Take reasonable measures to prevent Club Accounts, events, content, and communications from being used to endanger or exploit minors.
- Use age restrictions and audience controls made available by Night Scene when publishing adult-oriented content or promoting age-restricted events.
- Ensure that age restrictions and admission requirements are accurate and prominently disclosed.
- Never use Night Scene to direct adult-oriented, alcohol-related, sexually suggestive, or otherwise inappropriate promotions toward minors.
- Promptly report suspected CSAE, CSAM, grooming, sextortion, trafficking, or other child endangerment through Night Scene’s in-app reporting mechanism.
- Cooperate with lawful safety investigations and preserve relevant information when instructed by Night Scene or a competent authority.
The Club must not download, copy, forward, redistribute, screenshot, or otherwise reproduce suspected CSAM when making a report. The Club should use the in-app reporting mechanism and provide only the information needed to identify the content, activity, or account.
If a child appears to be in immediate danger, the Club or reporting person should contact local emergency services or law-enforcement authorities without delay.
16.3 Night Scene’s Response
When Night Scene obtains actual knowledge of suspected CSAM or other CSAE activity, Night Scene may take immediate action consistent with applicable law and these Terms, including:
- Removing or disabling access to the content.
- Restricting, suspending, or terminating the responsible account.
- Preventing further contact or interaction.
- Preserving relevant account information and records.
- Investigating related accounts, content, messages, or activity.
- Cooperating with law-enforcement or child-protection authorities.
- Reporting confirmed or apparently unlawful CSAM to the National Center for Missing & Exploited Children (“NCMEC”) or another competent regional authority, as required by applicable law.
Night Scene may take these actions without prior notice when necessary to protect a child, preserve evidence, prevent further harm, or comply with legal obligations.
The Club must not interfere with a child-safety investigation, retaliate against a reporting person, or attempt to conceal, alter, or destroy relevant information.
17. Messages, Comments, and User Interactions
The Club and its representatives must communicate with users respectfully and only for legitimate Club, event, promotional, or customer-service purposes.
The Club must not send:
- Abusive, threatening, discriminatory, coercive, or sexually inappropriate messages.
- Deceptive promotions.
- Unsolicited bulk communications.
- Repeated messages after a user has asked the Club to stop.
- Marketing communications that violate applicable consent or disclosure requirements.
- Sexual, romantic, exploitative, manipulative, or otherwise inappropriate messages directed to a minor.
- Messages intended to groom a minor or gain a minor’s trust for sexual contact, sexual content, exploitation, trafficking, or an unsafe in-person meeting.
- Requests for sexual or intimate photographs, videos, messages, services, or conduct involving a minor.
- Threats, coercion, or blackmail involving a minor’s actual or alleged intimate content.
- Messages encouraging a minor to conceal an interaction from a parent, legal guardian, Night Scene, or a competent authority.
The Club is responsible for the conduct of its owners, employees, contractors, promoters, agencies, and other representatives when they use the Club Account.
Night Scene may provide reporting, blocking, privacy, and moderation tools. These tools do not guarantee that every harmful or inappropriate interaction will be identified or prevented.
Suspected CSAE, CSAM, grooming, sextortion, child trafficking, or other child endangerment must be reported through Night Scene’s in-app reporting mechanism. Reports may also be submitted to Night Scene’s designated child-safety contact identified in Section 37. Night Scene will review child-safety reports and may take action in accordance with Section 16 and applicable law.
18. User Information and Privacy
If the Club receives or accesses personal information about a user through Night Scene, it must use that information only for the purpose for which it was provided.
The Club must:
- Comply with applicable Puerto Rico and federal privacy and data-security requirements.
- Maintain reasonable administrative, technical, and physical safeguards.
- Limit access to personnel who need the information.
- Use personal information only for lawful Club or event-related purposes.
- Honor legally valid privacy requests.
- Securely delete personal information when it is no longer required.
- Notify Night Scene promptly if platform-derived personal information is lost, improperly accessed, or unlawfully disclosed.
- Apply appropriate safeguards to any personal information relating to a minor.
- Refrain from using a minor’s personal information to contact, locate, profile, target, or otherwise interact with the minor for an unauthorized, exploitative, or age-inappropriate purpose.
The Club may not sell, rent, disclose, or use user information for an unrelated purpose without a valid legal basis and any required notice or consent.
The Club may not use Night Scene information to conduct unauthorized surveillance, build unrelated personal profiles, make unlawful discriminatory decisions, or send marketing communications that users have not authorized.
Night Scene’s collection and use of personal information are governed by the Night Scene Privacy Policy.
19. Referrals and Club Rewards
Night Scene may allow users or Clubs to refer other Clubs using a referral link, QR code, or referral code.
A referral reward becomes payable only when all conditions stated in the applicable Referral Program Terms have been satisfied. These conditions may include registration through the correct referral method, account verification, completion of a trial, conversion to a qualifying paid account, expiration of a cancellation period, and continued good standing.
The final Referral Program Terms must specify:
- The qualifying action required to earn a reward.
- The reward amount.
- The applicable trial or verification period.
- The payment method and payment schedule.
- Referral limits.
- Eligibility restrictions.
- Tax responsibilities.
- Circumstances in which a reward may be withheld or reversed.
Night Scene may investigate referrals and withhold, cancel, or reverse rewards arising from:
- Self-referrals.
- Duplicate or fictitious Clubs.
- False information.
- Automated registrations.
- Collusion.
- Misleading solicitation.
- Canceled subscriptions.
- Chargebacks.
- Fraud or manipulation.
- Other violations of the Referral Program Terms.
The Club is responsible for any taxes arising from referral rewards it receives.
20. Subscriptions, Trials, and Fees
Some Club features may require a paid subscription or other fee.
The prices, subscription period, included features, trial conditions, billing frequency, taxes, renewal terms, and cancellation options will be presented before the Club completes a purchase.
By purchasing a paid service, you authorize Night Scene and its payment provider to charge the payment method associated with the Club Account for the disclosed amounts and applicable taxes.
Unless otherwise stated during purchase:
- Subscriptions renew automatically for the disclosed billing period.
- The Club must cancel before the renewal date to avoid the next charge.
- Canceling prevents future renewals but does not retroactively refund the current billing period.
- Access to paid features may continue until the end of the paid period.
- Trial eligibility may be limited to first-time or qualifying Clubs.
- Night Scene may suspend paid features following a failed or disputed payment.
The applicable subscription price, trial duration, cancellation process, refund policy, and billing rules will be displayed during purchase or made available through the platform before the Club subscribes.
Nothing in these Terms limits refund, cancellation, or consumer rights that cannot lawfully be waived under applicable Puerto Rico or federal law.
21. Taxes
The Club is responsible for identifying, reporting, and paying all taxes, license fees, municipal charges, excise taxes, and other governmental assessments arising from:
- Its business.
- Its events.
- Ticket sales.
- Alcohol sales.
- Promotions.
- Referral rewards.
- Products or services sold to users.
Night Scene may collect taxes on its own charges when legally required. Night Scene may also request tax documentation before issuing referral or other payments.
22. Third-Party Services
Night Scene may contain or integrate with third-party services, including:
- Mapping and location providers.
- Payment processors.
- Ticketing services.
- Social networks.
- Websites.
- Advertising services.
- Analytics providers.
- Communication tools.
Third-party services are governed by their own terms and privacy policies.
Night Scene does not control and is not responsible for third-party content, transactions, availability, security, performance, or conduct.
Any transaction or agreement between a Club and a user, performer, promoter, sponsor, ticket provider, vendor, or other third party is solely between those parties.
23. Intellectual Property
Night Scene and its licensors own all rights in the platform and its associated software, interfaces, designs, features, branding, databases, documentation, and other materials, excluding Club Content and content owned by other users.
Subject to these Terms, Night Scene grants the Club a limited, nonexclusive, nontransferable, revocable right to access and use the platform for legitimate Club business purposes.
The Club may not:
- Copy or redistribute the platform.
- Reverse engineer or attempt to extract its source code.
- Sell, rent, sublicense, or commercially exploit platform access.
- Remove proprietary notices.
- Use Night Scene’s trademarks without written permission.
- Create a competing service using Night Scene content or data.
- Interfere with the operation or security of the platform.
24. Copyright Complaints
Night Scene respects intellectual-property rights.
A person who believes that content on the platform infringes a copyright may submit a written notice to:
The notice must contain the information required by applicable United States copyright law.
Night Scene may remove or restrict allegedly infringing content and may suspend or terminate repeat infringers. Night Scene may also provide the affected Club with the complaint and information regarding any available counter-notification procedure.
25. Moderation and Enforcement
Night Scene may, but is not obligated to:
- Review Club profiles and content.
- Request supporting documentation.
- Restrict the visibility or distribution of content.
- Add warnings, labels, or corrections.
- Remove or disable content.
- Restrict Club features.
- Suspend or terminate accounts.
- Preserve information for legal, safety, fraud-prevention, or investigative purposes.
- Cooperate with governmental or law-enforcement authorities when legally required.
- Prioritize and investigate reports involving possible child endangerment, CSAE, or CSAM.
- Immediately disable access to suspected CSAM or other content that may endanger a child.
- Restrict interactions between accounts where necessary to protect a minor.
- Preserve relevant content, account details, communications, and technical records as permitted or required by law.
- Report confirmed or apparently unlawful CSAM to NCMEC or another competent authority as required by applicable law.
- Cooperate with law-enforcement agencies and child-protection organizations.
- Permanently terminate accounts involved in CSAE, CSAM, grooming, sextortion, or child trafficking.
Night Scene may take these actions when it reasonably believes that:
- These Terms have been violated.
- Information is false, misleading, or incomplete.
- The Club lacks required authority or licensing.
- Content infringes another person’s rights.
- Activity presents a safety, legal, financial, or reputational risk.
- The account is involved in fraud, abuse, or unauthorized access.
- Action is necessary to comply with law or legal process.
- A child may be at risk or content or conduct may involve CSAE, CSAM, grooming, sextortion, trafficking, or another form of child endangerment.
Night Scene may take immediate action without advance notice when it reasonably believes that a child may be at risk or that content or conduct may involve CSAE or CSAM. Night Scene may decline to disclose information about an investigation, report, preservation request, or referral when disclosure could endanger a person, compromise an investigation, reveal confidential information, or violate applicable law.
Moderation may involve automated systems, human review, or both. Night Scene does not guarantee that every violation will be identified or that every moderation decision will be error-free.
Except where restricted for legal, investigative, or safety reasons, a Club may appeal an enforcement decision using nightscene@altcircleapps.com.
26. Platform Availability and Changes
Night Scene may modify, update, restrict, suspend, or discontinue any part of the platform.
This may include changes to:
- Features.
- Eligibility requirements.
- Subscriptions and pricing.
- Feed or recommendation systems.
- Search ranking.
- Map visibility.
- Content limits.
- Referral programs.
- Supported devices or locations.
- Safety, reporting, age-control, and moderation features.
Night Scene does not guarantee:
- Uninterrupted platform access.
- A particular feed position or search ranking.
- A minimum audience or geographic reach.
- A particular number of followers, views, messages, or attendees.
- Increased revenue or ticket sales.
- The availability of a feature for any particular period.
The Club should maintain independent copies of important content, event records, customer communications, and business information, except that the Club must not copy, download, store, or reproduce suspected CSAM.
27. Electronic Communications
The Club agrees to conduct transactions with Night Scene electronically.
Night Scene may provide agreements, notices, invoices, receipts, disclosures, and other communications:
- Through the platform.
- By email.
- Through account notifications.
- Using the contact details associated with the Club Account.
The Club is responsible for maintaining current contact information.
To the extent permitted by the Puerto Rico Electronic Transactions Act and applicable United States federal electronic-signature law, electronic agreements, acceptances, signatures, notices, and records have the same legal effect as their paper equivalents.
28. Suspension and Termination
The Club may stop using Night Scene at any time and may request account closure through nightscene@altcircleapps.com.
Night Scene may suspend, restrict, or terminate a Club Account if:
- The Club violates these Terms or another applicable policy.
- The Club fails to pay an amount due.
- Required verification cannot be completed.
- The Club loses a required license or authorization.
- The account creates a legal, safety, security, or reputational risk.
- Night Scene suspects fraud, abuse, or unauthorized activity.
- Night Scene is required to act by law or governmental order.
- Continuing to provide the service is no longer commercially or technically feasible.
- The Club or any of its representatives creates, uploads, distributes, solicits, promotes, facilitates, or links to CSAM.
- The Club or any of its representatives engages in or facilitates CSAE, grooming, sextortion, trafficking, predatory behavior, or another form of child endangerment.
- The Club fails to cooperate with a lawful child-safety investigation or attempts to conceal, alter, destroy, or manipulate relevant evidence.
- Immediate action is reasonably necessary to protect a minor or prevent further harm.
Any account determined to have participated in CSAE or the distribution of CSAM may be permanently terminated and prohibited from creating or managing another Night Scene account.
Termination of a Club Account does not cancel or discharge the Club’s obligations to users, ticket holders, performers, promoters, vendors, governmental authorities, or other parties.
Provisions that should reasonably survive termination will remain in effect, including provisions concerning intellectual property, retained licenses, payment obligations, child safety, investigations, disclaimers, limitations of liability, indemnification, disputes, and general contractual matters.
29. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHT SCENE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
NIGHT SCENE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.
NIGHT SCENE DOES NOT WARRANT, CERTIFY, OR ENDORSE ANY:
- CLUB.
- USER.
- EVENT.
- EVENT LISTING.
- TICKET OR RESERVATION.
- PERFORMER OR PROMOTER.
- PRODUCT OR SERVICE.
- ADVERTISEMENT OR PROMOTION.
- USER-GENERATED CONTENT.
- THIRD-PARTY SERVICE.
NIGHT SCENE IS NOT RESPONSIBLE FOR VENUE CONDITIONS, ADMISSION DECISIONS, EVENT CHANGES, CANCELLATIONS, REFUNDS, PERSONAL INJURY, INTOXICATION, TRANSPORTATION, PROPERTY LOSS, USER CONDUCT, OR TRANSACTIONS OCCURRING OUTSIDE THE PLATFORM.
Night Scene’s provision of reporting, blocking, age-control, or moderation tools does not constitute a guarantee that every harmful interaction, policy violation, or unlawful activity will be identified or prevented.
THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. THEY DO NOT EXCLUDE RIGHTS, DUTIES, OR WARRANTIES THAT CANNOT LAWFULLY BE WAIVED, INCLUDING ANY CHILD-SAFETY DUTY THAT APPLICABLE LAW DOES NOT PERMIT NIGHT SCENE TO EXCLUDE.
30. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHT SCENE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
THIS INCLUDES LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, CUSTOMERS, OR ANTICIPATED SAVINGS ARISING FROM OR RELATED TO NIGHT SCENE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF NIGHT SCENE AND THE PARTIES IDENTIFIED ABOVE ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF:
- The amount the Club paid directly to Night Scene during the 12 months preceding the event giving rise to the claim; or
- One hundred United States dollars (US$100).
This limitation does not apply to liability that cannot legally be limited or excluded under Puerto Rico or applicable federal law.
31. Indemnification
To the maximum extent permitted by law, the Club will defend, indemnify, and hold harmless Night Scene and its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, demands, proceedings, liabilities, losses, damages, judgments, penalties, fines, costs, and reasonable attorneys’ fees arising from or relating to:
- The Club’s venue or business operations.
- Events organized, hosted, or promoted by the Club.
- Admission, security, alcohol service, or guest conduct.
- Club Content.
- The Club’s products, services, promotions, or communications.
- The Club’s use or misuse of user information.
- A breach of these Terms.
- A violation of law.
- A violation of another person’s rights.
- The conduct of the Club’s owners, employees, contractors, promoters, agencies, or representatives.
- The Club’s failure to comply with applicable child-safety, safeguarding, age-verification, supervision, or reporting requirements.
- Any CSAE, CSAM, grooming, sextortion, trafficking, predatory behavior, or other child endangerment caused, facilitated, or permitted by the Club or its representatives.
Night Scene may assume control of the defense of a matter subject to indemnification. The Club must reasonably cooperate with the defense and may not settle a claim in a manner that imposes liability or obligations on Night Scene without Night Scene’s written consent.
32. Governing Law
These Terms and any dispute arising from or relating to Night Scene will be governed by the laws of the Commonwealth of Puerto Rico and applicable United States federal law, without regard to conflict-of-law principles.
Nothing in these Terms excludes the application of a law or legal right that cannot validly be waived.
33. Informal Dispute Resolution
Before filing a legal action, the party raising a dispute must provide the other party with written notice containing:
- The name and contact information of the complaining party.
- A description of the dispute.
- Relevant supporting information.
- The requested resolution.
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.
Notices to Night Scene must be sent to nightscene@altcircleapps.com.
This requirement does not prevent either party from:
- Seeking urgent injunctive or equitable relief when reasonably necessary to prevent immediate harm.
- Reporting suspected unlawful activity to a competent authority.
- Reporting a child-safety concern through Night Scene’s in-app reporting mechanism.
- Contacting emergency services or law-enforcement authorities when a child or another person may be in immediate danger.
34. Jurisdiction and Venue
Any judicial action arising from or relating to these Terms or Night Scene must be filed exclusively in:
- The Commonwealth of Puerto Rico courts located in San Juan, Puerto Rico; or
- The United States District Court for the District of Puerto Rico, where federal subject-matter jurisdiction exists.
The Club and Night Scene consent to the personal jurisdiction of these courts and waive objections based on inconvenient forum or improper venue, to the extent permitted by law.
35. Changes to These Terms
Night Scene may update these Terms to reflect changes to:
- The platform.
- Club features.
- Business practices.
- Legal or regulatory requirements.
- Safety or security considerations.
- Child-safety standards and enforcement procedures.
Night Scene will publish the revised Terms and update the effective date.
When required by law, Night Scene will provide additional notice or request renewed acceptance. Material changes will apply prospectively from the stated effective date unless applicable law permits otherwise.
Continued use of Night Scene after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by law.
36. General Terms
The Club may not assign or transfer these Terms without Night Scene’s prior written consent.
Night Scene may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or operation of law.
The relationship between Night Scene and the Club is that of independent contracting parties. These Terms do not establish an employment relationship, agency, partnership, franchise, fiduciary relationship, or joint venture.
If a provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed. The remaining provisions will remain effective.
Failure to enforce a provision is not a waiver of the right to enforce it later.
Section headings are provided for convenience and do not affect interpretation. The term “including” means “including without limitation.”
These Terms and the policies incorporated into them constitute the complete agreement between Night Scene and the Club concerning the Club’s use of the platform, unless a separate written agreement expressly provides otherwise.
Neither party will be responsible for a delay or failure caused by circumstances beyond its reasonable control, except for obligations to pay amounts already due and obligations that applicable law does not permit the relevant party to exclude.
These Terms may be translated into languages other than English solely for the convenience of users. In the event of any discrepancy, inconsistency, ambiguity, or conflict between the English version and any translated version, the English version shall govern and prevail to the fullest extent permitted by applicable law.
37. Contact Night Scene and Report Safety Concerns
Questions, complaints, notices, reports, and support requests may be sent to:
General Support: nightscene@altcircleapps.com
Legal Notices: nightscene@altcircleapps.com
Privacy: nightscene@altcircleapps.com
Copyright: nightscene@altcircleapps.com
Child-Safety Reports
Users may report suspected CSAE, CSAM, grooming, sextortion, child trafficking, or other child endangerment by using the reporting mechanism available within the Night Scene app.
Child-safety concerns may also be submitted to:
Designated Child-Safety Contact: Asela Neligama
Child-Safety Email: nightscene@altcircleapps.com
The designated child-safety contact is authorized to receive notices from Google Play and other parties, review potential CSAE or CSAM affecting Night Scene, coordinate enforcement action, and communicate with relevant authorities when required.
A child-safety report should, where reasonably possible, identify:
- The relevant account, Club, event, message, comment, or content.
- The nature of the concern.
- When and where the activity was observed.
- Any information that may help Night Scene locate the reported material.
A person submitting a report must not download, copy, forward, attach, screenshot, or redistribute suspected CSAM. Reports should identify where the material appears so that Night Scene can review it safely.
If a child is in immediate danger, contact local emergency services or law-enforcement authorities immediately. The Night Scene reporting mechanism is not a substitute for emergency assistance.