Thank you for visiting our site at www.ATL2nite.com ("Website"). Use and access of this Website, and email blast marketing and text blast marketing described below (the "Service"), is subject to these terms and conditions of use (the "Terms”).
** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING ATL2NITE.COM WITH THE "USAGE POLICY" TERMS DESCRIBED BELOW, DO NOT UTILIZE THE SERVICE PROVIDED BY ATL2NITE.COM. THANK YOU. **
The Service consists of one or more of the following: an entertainment, Atlanta-based website, an email and text database of opted-in subscribers, an advertising company, and an email blast provider.
ATL2nite.com only provides that the email advertising you send through the Service are processed correctly and delivered to the applicable network. ATL2nite.com currently uses two different third party vendors which hosts its email and text databases (MyNewsletterBuilder.com for email blasts, and EZTexting.com for text blasts). ATL2nite.com is not responsible for the final delivery of the email blast or text blast, as this is out of our control and is the responsibility of the third-party vendor for each service.
ATL2nite.com guarantees that email blasts purchased will be processed to its entire database, but does not guarantee 100% deliverability, due to the nature of bounce rates and individual email clients’ spam filters and regulations. By using ATL2nite.com’s services, you understand that certain factors effect deliverability including: time of day email blast is sent, subject line wording, certain trigger words in the user’s copy, size and color of words in the user’s copy, embedded file sizes, punctuations and symbols in user’s copy. You also understand that information and content the user provides for the email blast has a large effect on deliverability.
While ATL2nite.com shall use commercially reasonable efforts to deliver your email blasts and/or text blasts to the applicable third-party vendor for final delivery to the designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in processing your email blast or text blast through the third-party vendors system. Typical email blasts and text blasts are fully processed within an hour. However, some email or text messages may take several hours to be successfully processed. But please be aware that during this time, the third-party vendor’s system is cycling through the thousands and thousands of opted-in subscribers we have in our database. ATL2nite.com is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from ATL2nite.com for any such non-deliveries. Furthermore, you agree that email blast and text blast contents are deemed to have zero value.
After email blast or text blast services have been provided, THERE ARE NO REFUNDS whatsoever. This includes if the user cancels their event or if the user changes his/her mind for any reason.
User has the right to request a deliverable report or a % open rate report for any email blast service the user has paid for.
We frequently update, modify and otherwise continually seek to improve the Service and such changes often require an update or revision to these Terms. Accordingly, we reserve the right to change or discontinue any aspect or feature of the Service, as well as modify, change and/or update these Terms, from time to time, as we deem appropriate. Any updates to these Terms shall be posted on this Website, form time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place. If you do not agree with any such changes, your use of the Service may be cancelled in accordance with the procedures for cancellation set forth herein.
ATL2nite.com shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of ATL2nite.com. In addition, ATL2nite.com shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Service.
