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.