Terms of Use
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be
bound by these Terms of Use, and as amended from time to time with or
without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules or
guidelines applicable to those services and they shall be incorporated
by reference into these Terms of Use. Please see our Privacy Policy,
which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web site
on an "AS IS" basis.You agree that the owners of this web site
exclusively reserve the right and may, at any time and without notice
and any liability to you, modify or discontinue this web site and its
services or delete the data you provide, whether temporarily or
permanently. We shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy, or improper delivery
of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree
to provide truthful information when requested, and be at least the age
of thirteen (13) or older. When registering, you explicitly agree to our
Terms of Use and as may be modified by us from time to time and
available here.
4. Privacy Policy.
Registration data and other personally identifiable information that
we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password
and shall be responsible for all uses via your registration and/or
login, whether authorized or unauthorized by you. You agree to
immediately notify us of any unauthorized use or your registration, user
account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or other
materials ("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose
user account is used. You agree that our web site may expose you to
Content that may be objectionable or offensive. We shall not be
responsible to you in any way for the Content that appears on this web
site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b) impersonate or misrepresent your association with any person or
entity, or forge or otherwise seek to conceal or misrepresent the origin
of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may consititue or be considered a violation of any
local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology known or later
developed;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in
this Section 7;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove
or block access to any Content you provide at any time and for any
reason, with or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made
available on or through this web site. Representations made regarding
products and services provided by third parties are governed by the
policies and representations made by these third parties. We shall not
be liable for or responsible in any manner for any of your dealings or
interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and co-branders from any
claim or demand, including reasonable attorney's fees, that may be made
by any third party, that is due to or arising out of your conduct or
connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the rights
of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY
SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND
PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE
WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE,
ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY
PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND
THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN
RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties
and the above disclaimer may not apply to you only as it relates to
implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST
TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and
all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and the
goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial uses
of our web site or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would
be considered copyright infringement or a violation of your
intellectual property rights, you may be contacted at the
webmaster@nplaimhlub.com.
14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your
use of this web site or our products or services shall be governed by
and construed in accordance with local laws where the headquarters of
the owner of this web site is located, without regard to its conflict of
law provisions. By registering or using this web site and service you
consent and submit to the exclusive jurisdiction and venue of the county
or city where the headquarters of the owner of this web site is
located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under
which any provision may be held invalid by a court with jurisdiction
over the parties, such provision will be interpreted to reflect the
original intentions of the parties in accordance with applicable law,
and the remainder of this Terms of Use will remain valid and intact;
(ii)
The failure of either party to assert any right under this Terms of Use
shall not be considered a waiver of any that party's right and that
right will remain in full force and effect;
(iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever
barred;
(iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.