You agree to the terms of service below, and the Terms of Use for Substack, the technology provider.

Terms of Service

Effective Date: FEB 2025
Last Updated: MARCH 2026

Welcome to MDNT MRKT CONT (“MDNT MRKT CONT,” “we,” “us,” or “our”), a publication, media platform, and related creative property operated under Midnight Market Providers LLC (“Company”). These Terms of Service (“Terms”) govern your access to and use of our website, newsletter, Substack publication, emails, podcasts, downloads, archives, comments, memberships, subscriptions, and any related content, products, services, or media distributed under MDNT MRKT CONT.

By accessing, reading, subscribing to, purchasing from, or otherwise using MDNT MRKT CONT, you agree to be bound by these Terms. If you do not agree, do not use the service.

1. Who We Are

MDNT MRKT CONT is an independent publishing and media platform operated by Midnight Market Providers LLC. All rights, claims, obligations, liabilities, and legal process related to MDNT MRKT CONT shall be directed to the Company, not to any individual writer, editor, contributor, host, performer, caricature, public-facing persona, narrator, or affiliated creative identity except where non-waivable law requires otherwise.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase subscriptions, paid content, or products through MDNT MRKT CONT. By using the service, you represent that you have the legal capacity to enter into these Terms.

3. Scope of Service

MDNT MRKT CONT may include, without limitation:

newsletters and publication pages
essays, criticism, literary works, and commentary
podcasts, show notes, and media excerpts
subscriber-only archives and downloads
comments, community features, and discussion threads
links to third-party platforms or payment processors
promotional emails and subscriber communications

We may modify, suspend, discontinue, or update any portion of the service at any time, with or without notice. That is the nature of publishing and software, two fields addicted to instability.

4. Account and Subscription Terms

If you subscribe to paid content, you agree to provide accurate billing and account information. Paid subscriptions may renew automatically through the third-party platform or payment processor handling your transaction, unless canceled in accordance with that platform’s billing rules.

You are responsible for:

maintaining the confidentiality of your account
all activity conducted through your account
updating your information when necessary

We reserve the right to suspend or terminate subscriptions or access where we believe there is fraud, abuse, payment failure, account sharing beyond reasonable personal use, or conduct that harms the platform or its readers.

5. Refunds and Cancellations

Unless otherwise required by law or by the payment platform’s applicable rules, all subscription payments are non-refundable once billed.

You may cancel future renewals at any time through the platform used for purchase. Cancellation stops future billing but does not retroactively refund prior charges.

If we choose, in our sole discretion, to issue a refund, that does not obligate us to issue future refunds in similar circumstances.

6. Intellectual Property

All content published by MDNT MRKT CONT, including but not limited to text, essays, criticism, audio, artwork, graphics, page design, branding, titles, logos, trademarks, service marks, layouts, downloadable materials, and compilations, is owned by or licensed to Midnight Market Providers LLC, unless otherwise stated.

Your subscription or access does not transfer ownership rights to you.

You may not, without prior written permission:

reproduce, republish, scrape, frame, mirror, sell, license, or redistribute our content
remove copyright, attribution, or trademark notices
create derivative works for commercial use based on our content
use our content to train AI systems, language models, synthetic voice systems, or other machine learning tools, unless expressly authorized in writing
reproduce paid subscriber content outside permitted personal use

You may share brief quotations for commentary, criticism, or lawful fair use, provided proper attribution is given and your use does not substitute for the original work.

7. User Conduct

You agree not to use MDNT MRKT CONT to:

violate any law or regulation
harass, threaten, defame, abuse, or intimidate others
post spam, malware, phishing links, or deceptive content
impersonate another person or entity
interfere with site operations or security
attempt unauthorized access to accounts, systems, or data
collect user data without consent
post infringing, obscene, or unlawful material

We reserve the right, in our sole discretion, to remove comments, restrict access, suspend users, or terminate accounts for behavior we consider abusive, unlawful, exploitative, disruptive, or inconsistent with the integrity of the publication.

8. Editorial Independence and First Amendment Principles

MDNT MRKT CONT is a publication engaged in commentary, criticism, literary expression, satire, creative nonfiction, fiction, and editorial work. Some content may include opinion, interpretation, parody, stylization, composite characters, rhetorical exaggeration, or experimental literary devices.

To the fullest extent permitted by law:

you acknowledge that published material may contain protected expression under the First Amendment and similar principles of free expression
you agree not to treat literary, artistic, satirical, or editorial framing as a factual guarantee or professional advice unless explicitly stated otherwise
any grievances related to published content must be directed to Midnight Market Providers LLC, not to any individual contributor, persona, host, or public-facing creative identity, except where law prohibits such limitation

Nothing in this section limits valid legal claims that cannot be waived by law. It simply prevents people from pretending a publication is a vending machine for emotional certainty.

9. Third-Party Services

MDNT MRKT CONT may rely on or link to third-party platforms and providers, including Substack, payment processors, podcast hosts, social media services, analytics providers, and embedded content tools.

We are not responsible for the acts, omissions, uptime, policies, billing systems, privacy practices, or security of third-party services. Your use of those services is governed by their own terms and policies.

10. Privacy and Data Controls

Your use of MDNT MRKT CONT is also governed by our Privacy practices, whether stated here or in a separate Privacy Policy.

We may collect:

account and subscription information
email address and contact information
payment-related metadata through third-party processors
usage information, browser/device data, and analytics
communications you send us
comment submissions and community interactions

We use data to:

deliver newsletters, subscriptions, and account functions
process transactions
provide support
improve publication performance and user experience
send service messages and optional marketing messages
protect against fraud, abuse, and unauthorized access

Privacy Controls

Where available and applicable, users may:

unsubscribe from marketing emails using the unsubscribe link
manage account settings through the hosting platform
request correction or deletion of personal data, subject to legal and operational limitations
request information about the categories of personal data we hold
disable cookies through browser settings, though some features may break because software is petty like that

We do not sell personal data for cash consideration in the ordinary meaning of that phrase. If applicable law defines certain analytics or advertising disclosures as a “sale” or “sharing,” you may exercise opt-out rights where legally required and technically available.

We retain personal data only as long as reasonably necessary for business, legal, tax, security, archival, or operational purposes.

11. Security

We use reasonable administrative, technical, and organizational measures to protect information, but no method of storage, transmission, or platform operation is completely secure. You use the service at your own risk.

If a security incident occurs, we may provide notice as required by applicable law and platform capability.

12. DMCA / Copyright Complaints

If you believe content on MDNT MRKT CONT infringes your copyright, you may submit a notice containing:

your physical or electronic signature
identification of the copyrighted work claimed to have been infringed
identification of the allegedly infringing material and its location
your contact information
a statement that you have a good faith belief the use is not authorized
a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

Send DMCA notices to:

DMCA Agent
Midnight Market Providers LLC
KRD.00IIV@GMAIL.COM
Subject Line: DMCA Notice

We may remove or disable access to material claimed to be infringing and may terminate repeat infringers where appropriate.

Counter-Notice

If you believe material was removed by mistake or misidentification, you may send a counter-notice containing the information required by applicable law. We may restore the material in accordance with the DMCA and platform procedures.

13. No Professional Advice

Content on MDNT MRKT CONT is provided for informational, editorial, artistic, educational, and entertainment purposes only. It is not legal, medical, tax, therapeutic, financial, or professional advice unless explicitly stated otherwise in a formal professional context.

Do not use essays as a substitute for licensed advice. Literature has many talents. Regulatory compliance is not usually one of them.

14. Disclaimers

The service and all content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted access.

We do not guarantee:

continuous or error-free operation
that content will always be available
that files are free from harmful code
that the service will meet every expectation you brought to it at 2:13 a.m.

15. Limitation of Liability

To the fullest extent permitted by law, Midnight Market Providers LLC, and its officers, managers, members, employees, contractors, contributors, licensors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost goodwill, business interruption, or personal disappointment arising out of or related to your use of MDNT MRKT CONT.

To the fullest extent permitted by law, our total liability for any claim arising from or relating to the service shall not exceed the greater of:

the amount you paid us in the 12 months preceding the event giving rise to the claim, or
$100 USD

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Midnight Market Providers LLC and its affiliates, officers, members, employees, contractors, licensors, and agents from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your misuse of the service
your violation of these Terms
your infringement of another party’s rights
your unlawful or abusive conduct
content you submit or post

17. Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects your rights.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy practices, the DMCA process, your use of MDNT MRKT CONT, your subscription, or any product or service offered by Midnight Market Providers LLC shall be resolved by final and binding individual arbitration, except for claims that may be brought in small claims court or claims for injunctive relief relating to intellectual property or unauthorized access.

Informal Resolution First

Before initiating arbitration, you agree to send written notice of the dispute to:

Legal Notices
Midnight Market Providers LLC
[Insert Mailing Address]
[Insert Email Address]

Your notice must include your name, contact information, a description of the dispute, and the relief sought. The parties agree to attempt good-faith informal resolution for 30 days before filing arbitration.

Arbitration Rules

If the dispute is not resolved informally, arbitration shall be administered by the American Arbitration Association (AAA) under its applicable consumer or commercial arbitration rules, unless the parties agree otherwise. Arbitration may proceed by documents, phone, video, or in-person hearing as permitted by the rules.

Venue and Governing Arbitration Location

Unless otherwise required by law, arbitration shall take place in Michigan, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

You and the Company agree that any claims shall be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding.

Jury Trial Waiver

You and the Company waive any right to a jury trial for claims covered by this arbitration agreement.

Opt-Out

You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms. Your notice must include your name, account email, mailing address, and a clear statement that you wish to opt out of arbitration. Send it to the legal notice address above.

If you do not opt out on time, this arbitration section will apply.

18. Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles, except where federal law or applicable consumer protection law requires otherwise.

19. Changes to These Terms

We may revise these Terms from time to time. Updated Terms become effective when posted, unless otherwise stated. Continued use of the service after changes become effective constitutes acceptance of the revised Terms.

If changes are material, we may provide additional notice where practical.

20. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

21. Entire Agreement

These Terms, together with any posted policies incorporated by reference, constitute the entire agreement between you and Midnight Market Providers LLC concerning MDNT MRKT CONT, unless superseded by a separate written agreement.

22. Contact

For general questions, legal notices, privacy requests, or DMCA submissions, contact:

Midnight Market Providers LLC
MDNT MRKT CONT
KRD.OIIV@GMAIL.COM

Political and Social Non-Affiliation; Protected Expression; Ownership of Caricatures and Creative IP

MDNT MRKT CONT and Midnight Market Providers LLC are not affiliated with, endorsed by, acting on behalf of, or officially connected to any political party, political campaign, lobbying organization, advocacy group, activist organization, social movement, religious institution, or ideological association, unless such affiliation is expressly stated in writing by the Company.

All opinions, commentary, satire, criticism, parody, editorial statements, literary devices, rhetorical exaggerations, speculative remarks, and expressive content published, distributed, performed, displayed, or transmitted through MDNT MRKT CONT are intended as protected expression under the First Amendment to the United States Constitution, together with any other applicable protections for speech, press, artistic expression, and editorial judgment under governing law.

Any caricature, fictionalized persona, narrator, stylized speaker, satirical voice, performance identity, dramatic construct, composite character, symbolic figure, public-facing creative identity, or expressive device appearing in connection with MDNT MRKT CONT shall be deemed, to the fullest extent permitted by law, to be owned, controlled, published, and asserted by Midnight Market Providers LLC as part of its intellectual property portfolio.

This includes, without limitation:

fictional or stylized character voices
satirical or exaggerated depictions
branded personas and narrative devices
signature publication voices
podcast/publication characterizations
recurring named or unnamed creative constructs
any associated scripts, recordings, graphics, texts, performances, likeness stylizations, taglines, and derivative expressions

All such materials are and shall remain the exclusive intellectual property of Midnight Market Providers LLC, including all related copyrights, trademarks, trade dress, brand identity elements, character rights, and other protectable proprietary interests, to the fullest extent permitted by law.

No reader, subscriber, listener, third party, or claimant may construe any such caricature, persona, or expressive construct as the personal legal obligation, personal ownership, or personal liability of any individual writer, editor, host, performer, contributor, or representative apart from Midnight Market Providers LLC, except where non-waivable law requires otherwise.

Any complaint, legal demand, claim, or proceeding arising from or relating to such content must be directed solely to Midnight Market Providers LLC and not to any individual person associated with the publication, except to the extent prohibited by applicable law.

UPDATED: MARCH 2026

Political and Social Non-Affiliation; Protected Expression; Ownership of Caricatures and Creative IP

This includes, without limitation:

fictional or stylized character voices
satirical or exaggerated depictions
branded personas and narrative devices
signature publication voices
podcast/publication characterizations
recurring named or unnamed creative constructs
any associated scripts, recordings, graphics, texts, performances, likeness stylizations, taglines, and derivative expressions

UPDATE FEB 2025

Defamation, Libel, Harassment, and Abusive Conduct

No participant, subscriber, viewer, commenter, listener, user, contributor, or third party may use MDNT MRKT CONT, its related platforms, or any associated communication channel to publish, transmit, encourage, or repeat any statement, allegation, accusation, threat, harassment, defamatory statement, libelous statement, knowingly false factual assertion, false-light portrayal, doxxing material, impersonation, or targeted abuse directed at or concerning Midnight Market LLC, Midnight Market Providers LLC, Midnight Market Content LC3, or Detroit Continuity Project 503(c)(3), or any of their officers, managers, members, employees, contractors, affiliates, programs, projects, branded personas, or representatives.

For purposes of this policy, prohibited conduct includes, without limitation:

false statements presented as fact that may injure reputation, trade, business, operations, or professional standing
written, recorded, posted, or distributed libelous material
coordinated harassment, intimidation, stalking, threats, or repeated abusive communications
knowingly false allegations of unlawful conduct, fraud, misconduct, or criminality
publication of private or identifying information without authorization
impersonation, fabricated affiliation claims, or misleading statements intended to confuse readers, subscribers, donors, sponsors, partners, or the public
use of comments, messages, reviews, posts, uploads, audio, video, or third-party platforms to damage goodwill, interfere with operations, or induce others to engage in abusive or unlawful conduct

We reserve the right, in our sole discretion and to the fullest extent permitted by law, to remove content, suspend or terminate access, preserve evidence, deny participation, issue demands to cease and desist, report conduct to platforms or authorities, and pursue any available legal or equitable remedy, including claims for defamation, libel, false light, tortious interference, harassment, injunctive relief, costs, and attorneys’ fees where permitted. A cease-and-desist letter is commonly used to demand that alleged misconduct stop before further legal action is taken.

Nothing in this clause limits protected opinion, lawful criticism, or other speech protected by the First Amendment or applicable law. At the same time, no user may treat our platforms as a landfill for malicious fiction masquerading as fact. Where third-party content is involved, applicable law may also limit when an online service is treated as the publisher or speaker of information provided by another content provider.

UPDATE FEB 2025

No participant, viewer, commenter, subscriber, or third party may publish, post, transmit, or repeat any defamatory, libelous, harassing, threatening, knowingly false, impersonating, or reputation-damaging statement or material concerning Midnight Market LLC, Midnight Market Providers LLC, Midnight Market Content LC3, or Detroit Continuity Project 503(c)(3), or any affiliated personnel, brands, personas, projects, or representatives. We reserve the right to remove content, suspend access, preserve evidence, issue cease-and-desist demands, and pursue all available legal and equitable remedies, including claims for defamation, libel, false light, harassment, and tortious interference, to the fullest extent permitted by law. Protected opinion and lawful criticism are not prohibited.