Terms of Use Agreement
This
website is provided to you by Nick Pierce Media LLC. ("we" or
"us"). This Terms of Use agreement (“agreement”) is a binding legal
agreement between you (the “visitor” or “user”) and us. Please read it
carefully. By using this website, you accept its terms.
The
web is an evolving medium; we may change the terms of this agreement from
time to time. By continuing to use the service after we post any such
changes, you accept this agreement, as modified.
1. GENERAL PROVISIONS
We
reserve the right to deny access to this website, or any service provided via
this website, to anyone who violates this agreement or who, in our judgment,
interferes with the ability of others to enjoy this website, or infringes the
rights of others. We may change, restrict access to, suspend, or discontinue
this website, or any portion of this website, at anytime.
We
invite you to send in your questions or comments about this website, or to
bring to our attention any material you believe to be inaccurate. Please send
such comments, including a copy of any material you wish to discuss to:
Nick
Pierce Media
nickpiercemedia@gmail.com
We
respect the privacy of the users of our website. Please take a moment to
review our privacy policy.
If you are an owner of intellectual
property who believes your intellectual property has been improperly posted
or distributed via our website, please notify us by in writing our
Intellectual Property Guidelines can be found here. A written
notice must contain all information requested in our guidelines. You should
only use the this if you believe that your work has been used or copied in a
manner that infringes your intellectual property rights and such infringement
has occurred on this website. We will not respond to any other inquiries
directed to us through the Intellectual Property Notification. All other
inquiries should be made via email – click here or through our
contact us section of our website.
2. OWNERSHIP AND PERMISSIONS
Our Limited License to You. This
website is made available for your personal, non-commercial use only. The
materials on this website are the property of Nick Pierce Media or its
licensors, and are protected by U.S. copyright laws, other copyright laws,
and international conventions. Except as explicitly provided in this
agreement, you may not distribute, transmit, display, reproduce, modify,
create derivative works from, or otherwise exploit any of the materials on
this site. Except as otherwise indicated and/or technically restricted on our
through this website, you may view and occasionally print a single copy of
any page on the site for your personal, non-commercial use, but you may not
otherwise reproduce any material appearing on this site without the prior
written permission from the owner. Requests for permission to reproduce or
distribute materials found on this website should be sent to nickpiercemedia@gmail.com. All contents
of this site are: Copyright 2010-2011 Nick Pierce Media and/or its licensors.
All rights reserved.
Your License to Us. By submitting material to us, you are representing that
you are the owner of the material, or are making your submission with the
express consent of the owner. By submitting material to any public posting
areas of this website (for example, video, audio, photos, text, etc.), such
as any blogs, message boards, classifieds, forums, or community publishing
areas, you agree that such material is provided to us on a perpetual,
irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive
basis, and that we (including our partners, agents, affiliates and service
providers (each a "Third Party Provider" and collectively,
"Third Party Providers")) may reproduce, modify, archive, publish,
display and otherwise distribute such material as we see fit in any medium
now known or hereafter developed, in any manner we see fit (for example,
online or offline derivative works) and for any purpose. Without limiting the
generality of the previous sentence, you agree that we (as defined above) may
distribute, share or otherwise provide such material under any terms we see
fit to any user(s) of this website, to any Third Party Providers, or to any
users of any Third Party Provider services, without the requirement of
providing you any form of notice and/or compensation. You also agree that we,
including our Third Party Providers, may identify you as the author of any of
your postings by name, email address or screen name as we see appropriate. We
also reserve the right (but assume no obligation) to delete, move, or edit
any postings of material that come to our attention that we consider
unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a
hypertext link to this site so long as the link does not state or imply any
sponsorship of your site by us.
No Framing. Without our prior written permission, you may not frame,
or in-line link, any of the content of this website, or incorporate into
another website or other service any of our intellectual property. Requests
for permission to frame our content or in-line link to our website may be
made by forwarding a message to nickpiercemedia@gmail.com
Trademarks. We don't want anyone to be confused as to which
materials and services are provided by us and which aren't. You may not use
any trademark or service mark appearing on this website without the prior
written consent of the owner of the mark. This website's domain name and the
logo(s) (if any) associated with this website's domain name are trademarks of
Nick Pierce Media. The names of other products and services referred to
on this website may be the trademarks and service marks of their respective
owners. You may not use any trademark or service mark appearing on this
website without the prior written consent of the owner of the mark.
3. USE OF COMMUNICATIONS SERVICES
We
may provide a variety of services on this website through which you can
directly interact with others, such as email services, chat rooms,
communications tools, forums, blogs, classifieds and other user-submitted
advertising, and other public posting areas ("Communications
Services"). We want to encourage an open exchange of information and
ideas, but at the same time we want everyone to be able to enjoy these
Communications Services.
We
will not, in the ordinary course of business, review private electronic
messages that are not addressed to us. However, we maintain the right to do
so and to use any other forms of information available to us by virtue of
your use of our website (including, for example, reverse IP address inquiry)
in order to comply with the law, to enforce our visitor agreement, or to
protect the rights, property or safety of visitors to our website, our
customers, the public or Nick Pierce Media and its employees, agents,
partners and affiliates.
We
reserve the right to deny access to any Communications Service to anyone who
violates this visitor agreement or who, in our judgment, interferes with the
ability of others to enjoy our website or infringes the rights of others. We
also reserve the right (but assume no obligation) to delete, move, or edit
any postings of material that come to our attention that we consider
unacceptable or inappropriate, whether for legal or other reasons. We will
comply with the requirements of the law regarding disclosure of any messages
to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may
immediately terminate your use of any Communications Service if you engage in
any of the following prohibited activities:
· Uploading, posting, emailing, transmitting or otherwise
making available any content that is unlawful, harmful, threatening, abusive,
libelous, or obscene;
· Impersonating any person or entity, or falsely stating or
otherwise misrepresenting your affiliation with a person or entity;
· Forging headers or otherwise manipulating identifiers in a
manner that disguises the origin of any content you transmit through any
Communications Service;
· Uploading, posting, emailing, transmitting or otherwise
making available any content that you do not have a right to make available
under any law or under any contractual or fiduciary relationship (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
· Uploading, posting, emailing, transmitting or otherwise
making available any content that infringes any patent, trademark, trade
secret, copyright or other proprietary right of any party;
· Uploading, posting, emailing, transmitting or otherwise
making available any unsolicited or unauthorized advertising, promotional
materials, or any other form of solicitation, without our express written
approval;
· Gathering for the purpose of "spamming" any
email addresses that users post in our chat rooms, forums and other public
posting areas;
· Uploading, posting, emailing, transmitting or otherwise
making available any content or material that contains software viruses,
worms or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications or other equipment, or to cause a security breach of such
software, hardware or telecommunications or other equipment;
· Uploading or posting any off-topic or irrelevant material
to any blog, chat room, forum or other public posting areas;
· Interfering with or disrupting any servers or networks
used to provide the Communications Services, or disobeying any requirements,
procedures, policies or regulations of the networks we use to provide the
Communications Services;
· Violating any applicable local, state, national or
international law, including, but not limited to (i) all applicable laws
regarding the transmission of technical data exported from the United States
or the country in which you reside.
· "Stalking" or otherwise harassing another;
· Instigating or encouraging others to commit illegal
activities or cause injury or property damage to any person;
· Collecting or storing personal data about other users;
· Gaining unauthorized access to our website, or any
account, computer system, or network connected to this website, by means such
as hacking, password mining or other illicit means; or
· Obtaining or attempting to obtain any materials or
information through any means not intentionally made available through this
website.
Spam. We will immediately terminate any account which we believe is
being used to transmit, or is otherwise connected with, any spam or other unsolicited
bulk email. In addition, because damages are often difficult to quantify, if
actual damages cannot be reasonably calculated, then you agree to pay us
liquidated damages of $5 for each item of spam or unsolicited bulk email
transmitted from, or otherwise connected with, your account. Otherwise you
agree to pay our actual damages, to the extent such actual damages can be
reasonably calculated.
Viruses. Because of the volume of email messages sent by us and users of
this website, we cannot and do not always monitor such email messages and
attachments. You acknowledge and agree that such email messages may contain
viruses, worms or other harmful components. You also acknowledge and agree
that you are solely responsible for screening the email messages and
attachments for viruses, worms and other harmful components. Personal
Advertisements
Any
personal advertisements permitted or otherwise made available on this site
must be appropriate for all ages. Personal advertising participants must be
18 years or older. If available on this site, any personal advertising
section is restricted to individuals seeking personal, monogamous
relationships. All ads must be in good taste and must not solicit for sex or
sexual activities. We reserve the right to edit or reject ads that do not
meet these standards. Use of any available personal advertising section for
any illegal purpose will be subject to prosecution.
We
are not liable for the content of the personal advertisements or the
responses to such advertisements. We encourage users to take appropriate
safeguards when responding to personal ads and arranging meetings. Screen all
respondents carefully. Meetings with new companions should occur in public
places and participants should not divulge their addresses. Be smart, not
sorry.
4. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND
INDEMNIFICATION
We
work hard to make this website an interesting and enjoyable place. We cannot
guarantee, however, that our users will always find everything to their
liking; nor could we provide a free service if we were exposed to substantial
liability. Please read these Disclaimers carefully before using this website.
Use at Your Own Risk. We provide the material available through this website
for informational purposes only. You may only use the material and the
services available through this website for your personal and non-commercial
use. We try to ensure that information we post to this site is both timely
and accurate, and that the services offered are reliable. Yet despite our
efforts, errors may occur from time to time. Before you act on any
information you've found on our site, you should confirm any facts that are
important to your decision. Nick Pierce is not an attorney nor is he
affiliated with or endorsed by any product or business discussed in his
broadcasts. Nick Pierce Media and Nick Pierce makes no warranties as to the
performance of advertises either. IF YOU RELY ON ANY INFORMATION OR
SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND
THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT
RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED
FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We cannot and do not review
every posting made in our blogs, forums, and other areas available for public
postings. You may well read any given posting before anyone on our staff
does. Take what you find with a grain of salt. You can expect these areas to
include information and opinions from a variety of individuals and
organizations other than us. We do not endorse or guarantee the accuracy of
any posting, regardless of whether the posting comes from a user, from a
celebrity or "expert" guest, or from a member of our staff. There
is no substitute for healthy skepticism and your own good judgment.
No Endorsements. We are not responsible for, and cannot guarantee the
performance of, goods and services provided by our advertisers or others to
whose sites we link. An advertisement or a link to another website does not
constitute our endorsement of that ad or the linked site (nor of any product,
service or other material promoted in the ad or offered on such site).
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND
SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS,"
"WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR
AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE
THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR
SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL
WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE
OR ANY PRODUCT, SERVICE, ADVERTISEMENT OR PROMOTION AVAILABLE ON OR THROUGH
THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR DAMAGES OF ANY KIND (INCLUDING
LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS DATA), EVEN IF WE ARE
ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY AND THE LIABILITY
OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY UNDER THE LAWS OF SUCH STATES/JURISDICTIONS.) YOU AGREE THAT OUR
LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY,
ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO YOUR USE OF
THIS WEBSITE OR THE PRODUCTS, SERVICES, ADVERTISEMENTS OR PROMOTIONS
AVAILABLE THROUGH THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE
USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD NICK PIERCE MEDIA,
ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSEES, LICENSORS, AND EACH OF THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSEES AND LICENSORS
HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE
BY ANY THIRD PARTY ARISING OUT OF INFORMATION OR MATERIAL YOU SUBMIT, POST,
TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR USE OF THIS
WEBSITE, YOUR CONNECTION TO THIS WEBSITE, YOUR VIOLATION OF THIS TERMS OF USE
AGREEMENT, OR YOUR BREACH OF THE RIGHTS OF ANY THIRD PARTY.
5. MISCELLANEOUS
Registration. To obtain access to certain services on our site,
you may be given an opportunity to register with us. You agree that the
information you supply during that registration process will be accurate and
complete and that you will not register under the name of, nor attempt to
enter the service under the name of, another person. We reserve the right to
reject or terminate any user name that, in our judgment, we deem offensive.
You will be responsible for preserving the confidentiality of your password
and for all actions of any person that accesses this website through any
username/password assigned to you. You will notify us here of any known or suspected
unauthorized use of your account.
Jurisdiction. This Terms of Use Agreement has been made in, and
will be construed in accordance with the laws of, the Commonwealth of
Kentucky. By using this website, you consent to the exclusive jurisdiction
and venue of the state and federal courts in Warren County, Kentucky in all
disputes arising out of or relating to this agreement or use of this website.