July 22, 2014

 

Terms and Conditions of Use

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Legal

By visiting and using the nubuwo.com website (the “site”), you acknowledge you have read and agree to be bound by these Terms and Conditions of Use (collectively, the “Terms”). If you do not wish to agree to the Terms, please close this browser session and refrain from using the nubuwo.com website.

You further agree and warrant that be visiting and using the site, that you are authorized to do so on your own, or your company or entity’s behalf, and are authorized to enter into a legally binding agreement in your jurisdiction. Should you object to any term, any guidelines, or any subsequent modifications or become dissatisfied with the nubuwo.com website in any way, your only recourse is to immediately discontinue use of the site.

The site has the right, but is not obligated, to strictly enforce these Terms and Conditions of Use through self-help on the site, customer service representatives or technical support representatives, active investigation, litigation and prosecution.

Modifications

The site reserves the right to make any changes to the Terms or the Site without prior notification. Visiting and using the Site or Services following any change in services offered, any update to the Terms and Conditions of Use, or updates to the Privacy Policy constitutes both notice of the changes and your acceptance of any changes.

Intellectual Property

The nubuwo.com name, logo, design, copy, graphics, functionality and algorithms used and other information located on or in the Site is the exclusive intellectual property of nubuwo.com or is used with express permission under license of the respective owner. Any transmitting, copying, posting, linking, deep linking, distributing, or other modification of the Site, including, but not limited to pop-over, or pop-under advertisements or redirects without the express written permission of the site is strictly prohibited. Any violation of this policy may result in infringement that may subject you to civil and/or criminal penalties.

Accept as otherwise noted in this agreement or on the site, any and all material on the site is protected by copyright as a collective work under the copyright laws of the United States. You may not modify, publish, transmit, participate in the transfer or sale, or in any way exploit, any of the content or functionality, in whole or in part for anything other than your licensed use. No copying, redistribution, retransmission, or publication of material is permitted without the express written consent of nubuwo.com except as provided by law.

The nubuwo.com trademarks used on the site or used on any website otherwise owned or operated in conjunction with the site shall not be deemed to be in the public domain but rather the exclusive property of the site.

By submitting material to any area of this Site, you warrant that you are the owner of such material and under no obligation, contractual or otherwise, which would prevent you from granting the site a license to use the material in the course of offering you the Services contracted hereunder.

The foregoing provisions of this Section apply equally to and are for the benefit of the site, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

User Responsibilities and Conduct

All activity by you on the Site must be for lawful purposes only. Any use of the Site, of any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the site’s express prior, written approval, contains advertising or any solicitation with respect to products or services, will be deemed a violation of these Terms.

You shall not conduct yourself in such a way as to restrict or inhibit any other user from using the Site. Such conduct includes, but is not limited to, political, religious, commercial, or non-commercial solicitation. Any solicitation of Users of the Site to use other services directly or indirectly competitive or potentially competitive with the site is strictly prohibited.

The provisions in this Section apply equally to and are for the benefit of the site, its subsidiaries, affiliates and its third party content providers and licensors.

Disclaimer of Warranty; Limitation of Liability

USE OF THE SITE, SERVICES AND ANY OTHER SITES OR SERVICES ACCESSED VIA THE SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY PROVIDED BY THE SITE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, FUNCTIONALITY OR SERVICE PROVIDED THROUGH THIS SITE.

THIS SITE AND SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

THE SITE IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED IN VIOLATION OF ANOTHERS RIGHTS OR ANY LAWS MAY BE REMOVED BY THE SITE AT ANY TIME WITH NO NOTICE.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTONS, SOME OF THE FOREGING LIMITATIONS MAY NOT APPLY TO YOU.

User Content, Risk and Monitoring Rights

The site uses Discus to monitor and moderate comments on the nubuwo.com website. The site has the right, but not the obligation, to monitor the content of the Site at all times, including your content, to ensure compliance with these Terms, as well as to satisfy any applicable law, regulation or authorized government request.

Termination

The site may terminate this Agreement at any time at its sole discretion. The site shall not be liable to you or any third-party for any termination of access to the site.

Grant of License

By posting information, data, content, or communicating on or through the Site, you have hereby granted to the site a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology now known or hereafter developed, and to sublicense such rights through any amount of sublicensees.

The site grants you a limited, revocable, nonexclusive license to access the site for your own use. This license does not include: (a) any collection, aggregation, copying, duplication, display or derivative use of the site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the site.

In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or Service or any content made available via the Site or Service for other purposes not stated herein, you must first obtain a license from the site.

Indemnification

You agree to indemnify and hold the site, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of information you submit, post or make available through the site or Service, your use of the site or Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Third Party Content

The site may include the distribution of information supplied by, and hyperlinks to, third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subsidiaries, affiliates or partners of the site are those of the respective entities author(s) or distributors and not of the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the site. Under no circumstances will the site be liable for any loss or damage caused by your reliance on information obtained through the site. You access linked third party sites at your own risk.

Limitations on Service

You acknowledge that the site may establish limits concerning use of the Site, including the maximum number of days that content will be retained by the site, the subscription types, services covered, subscription rates, features, etc. You agree that the site has no responsibility or liability for the deletion or failure to store any data, information, or content maintained or transmitted by the site. You acknowledge that the site reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that the site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.

Miscellaneous

The site’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms constitute the entire agreement between you and nubuwo.com and govern your use of the site, superseding any prior agreements between you and nubuwo.com.

Your use of the site, Services or this Agreement does not create a partnership, affiliate, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

The section headings of the Terms used herein are for convenience only and shall be of no legal force or effect.

If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions and the remaining portions of the Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

This Agreement and any legal issues arising out of, but not exclusive to the use of this Site or other sites accessed via this Site are governed by and in accordance with the laws of the United States without regard to its conflict of law provisions.

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