This site (the "Site") is
operated by Nakea, LLC (Nakea) It is intended for your personal
entertainment, information, education and communication. Access and
use of the Site is subject to the following terms of service ("Terms
of Service") and all applicable laws. By accessing and browsing the
Site, you accept, without limitation or qualification, the Terms of
Service. If you do not agree with all of the following Terms of
Service, please do not use this Site.
Nakea reserves the
right, at its sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Changes and/or modifications
shall become effective immediately upon the posting. Your continued
use of the Site following the posting of changes and/or
modifications will constitute your acceptance of these Terms of
Service.
Use of Materials Contained on this
Site
The Site contains material that is derived in whole or
in part from material supplied by Nakea, its partners and other
sources, and is protected by U.S. and international copyright and
trademark laws. No material (including but not limited to the text,
images, audio and/or video) and no software (including but not
limited to any images or files incorporated in or generated by the
software or data accompanying such software) (individually and
collectively the "Materials") may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way or decompiled, reverse engineered or disassembled, except that
you may download one copy of the Materials on any single computer
for your personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification of
the Materials or use of the Materials for any other purpose is a
violation of Nakea's or such other sources' copyright, trademark and
other proprietary rights. The use of any such Materials on any other
web site or networked computer environment without Nakea's express
written consent is prohibited.
BLOG,
Message Board, Audio/Video Submissions and Postings
The Site
may include blogs, message boards and other areas where users can
post and/or exchange information, ideas, opinions, photographs,
images, videos, creative works or any other materials (User Postings
collectively).
Nakea has no obligation to monitor such User
Postings. The messages do not necessarily reflect the views of Nakea
and its partners. In no event shall Nakea assume or have any
responsibility or liability for any materials posted on Bulletin
Boards or for any claims, damages or losses resulting from their use
and/or appearance on this Site. Nakea reserves the right at all
times to disclose any information (including the identity of the
persons providing information or materials on its User Postings) as
necessary to satisfy any law, regulation or governmental request. In
addition, Nakea reserves the right to edit, refuse to post or to
remove any information or materials, in whole or in part, that in
Nakea’s sole discretion are objectionable or in violation of these
Terms of Service.
By posting messages, uploading files,
inputting data, or engaging in any other form of communication
through this service, you are granting Nakea a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to:
1) Use, copy, sublicense, adapt, transmit, publicly perform
or display any such communication;
2) Sublicense to third
parties the unrestricted right to exercise any of the foregoing
rights granted with respect to the communication.
The
foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights
under copyright, trademark, service mark or patent laws under any
relevant jurisdiction.
Rules of Conduct
It is a
condition of your use of the User Postings and this Site that you do
not:
1. Use any User Postings for any illegal purposes (or to solicit
any illegal act);
2. Restrict or inhibit any other user from using and enjoying the
User Postings;
3. Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including images and language;Post any
message that solicits gambling or engage in any gambling activity;
4. Transmit or upload any information, software or other material
which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
5. Transmit or upload any information, software or other material
which contains viruses, time bombs, trojan horses, cancelbots, worms
or other harmful or deleterious components or devices;
6. Post any defamatory, libelous, hateful, or harassing messages,
information or material;
7. Post, or transmit or in any way exploit any information,
software or other material for commercial purposes or which contains
advertising, promotion or marketing.
8. Use the Services for the purposes of sending junk email, chain
letters, duplicative or unsolicited messages or "spamming" or in
connection with contests, surveys or pyramid schemes.
9. Try to gain unauthorized access to the Services, other users'
accounts, or computers connected to the Services though password
mining or other means.
10. Interfere with another user's use and enjoyment of the
Services or any other individual's user and enjoyment of similar
services.
Contests and Sweepstakes, Auctions, and Other Activities
Nakea provides rules for certain activities on this Site
including, without limitation, e-mail services, contests,
sweepstakes, and auctions by Nakea, its partners and in conjunction
with third parties. These Terms of Service are incorporated by
reference to the specific rules, which appear in connection with
information about a particular activity. To the extent that any
conflict exists between these Terms of Service and specific rules,
the rules for the activity in which you choose to participate shall
govern.
Hyperlinks to Third Party Sites
The
appearance of external hyperlinks does not constitute endorsement by
Nakea, its subsidiaries and affiliates of the opinions or views
expressed by these linked websites and Nakea does not verify,
endorse, or take responsibility for the accuracy, currency,
completeness or quality of the content contained in these sites.
Furthermore, Nakea is not responsible for the quality or delivery of
the products or services offered, accessed, obtained by or
advertised by such sites. As such, neither Nakea nor any of its
subsidiaries and affiliates will be responsible for any errors or
omissions or for the results obtained from the use of such
information contained in these sites. To the extent that these sites
collect personal information or postings from the end user, be
advised that in no event shall Nakea assume or have any
responsibility or liability for the manner in which such information
or postings are exploited or for any claims, damages, or losses
resulting from their use and/or appearance on these sites. Finally,
Nakea will under no circumstances be liable for any direct,
indirect, incidental or special loss or other damage, whether
arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights,
caused by the exhibition, distribution or exploitation of any
information or content contained within these
sites.
Termination of the Service
Nakea may
terminate the Site or any services included on or through the Site
at any time with or without cause or notice. Nakea shall not be
liable to any party for such termination.
If you object to
any of the Terms of Service contained herein, you may discontinue
use of the Site or services. You may cancel any your subscription to
Nakea newsletters by following the directions provided in each
newsletter to which you have subscribed.
Indemnification
You agree to indemnify, defend and
hold harmless, Nakea, its affiliates, and their respective officers,
directors, employees, agents, licensors, representatives, and third
party providers to the Site from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation of these Terms of Service by you. Nakea reserves
the right to assume, at its sole expense, the exclusive defense and
control of any matter subject to indemnification by you, in which
event you will fully cooperate with Nakea in asserting any available
defenses.
Limitation of Liability/Disclaimer
Your
use and browsing of the Site is at your risk. If you are
dissatisfied with any of the Materials contained in the Site, or
with any of these Terms of Service, your sole and exclusive remedy
is to discontinue accessing and using the Site.
TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER NAKEA
NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE
OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE
IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
You specifically acknowledge and agree
that Nakea is not liable for any defamatory, offensive or illegal
conduct of any user.
Nakea also assumes no responsibility,
and shall not be liable for any damages to, or viruses that may
infect, your computer equipment or other property on account of your
access to, use of, or browsing in the Site (including any Bulletin
Board) or your downloading of any Materials from the Site.
Nakea does not warrant or make any representations of any
kind or nature with respect to the Materials. Therefore, you are
responsible for compliance with local laws, if and to the extent
local laws are applicable.
NOTICE AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that
material posted on the Site infringes your copyrights, you should
follow the following procedures, which are set forth in the Digital
Millennium Copyright Act (DCMA).
To be effective, the notification
must be in writing and include the following:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site.
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the
material.
4. Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Upon receipt of a Notification, service provider will take such
action as appropriate under the DMCA.
Miscellaneous
Software from this Site is further
subject to United States export controls. No software from this site
may be downloaded or otherwise exported to reexported (i) into (or
to a national or resident of) Cuba, Iraq, Libya North Korea, Iran,
Syria or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and
supersede all prior understanding of the parties hereto relating to
the subject matter hereof, and cannot be changed or terminated
orally. If any provision of these Terms of Service are found to be
illegal or unenforceable, these Terms of Service will be deemed
curtailed to the extent necessary to make it legal and enforceable
and will remain, as modified, in full force and effect.
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