Noobis,
Inc. Terms of Service
Effective Date: January
1, 2008
General
These Terms of Service govern your use of the Noobis, Inc. website (the “Site”)
and any associated online applications and services (the “Apps”). The Site and
Apps are owned and operated by Noobis, Inc. (“we” or “us”). By using the Site
and Apps, you agree to be bound by these Terms of Service and to use the Site
and Apps in accordance with these Terms of Service, our Privacy Policy,
and any additional terms and conditions that may apply to specific sections of
the Site and Apps or to products and services available through the Site and
Apps. Accessing the Site and Apps, in any manner, whether automated or
otherwise, constitutes use of the Site and Apps and your agreement to be bound
by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new
conditions on use of the Site and Apps, from time to time, in which case we
will post the revised Terms of Service on www.noobis.com. By continuing to use
the Site and Apps after we post any such changes, you accept the Terms of
Service, as modified.
Intellectual Property Rights
Noobis, Inc.’s Limited License to You. The Site, the Apps, and
all the materials available on the Site and Apps are the property of us and/or
our affiliates or licensors, and are protected by copyright, trademark, and
other intellectual property laws. The Site and Apps is provided solely for your
personal noncommercial use. You may not use the Site and Apps or the materials
available on the Site and Apps in a manner that constitutes an infringement of
our rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Service or by the owner of the
materials, you may not modify, copy, reproduce, republish, upload, post,
transmit, translate, sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other electronic means) any
material from the Site and Apps.
Your License to Noobis, Inc. By posting
or submitting any material (including, without limitation, photos, videos, and
other information) to us via the Site and Apps, you are representing: (i) that you are the owner of the material, or are making
your posting or submission with the express consent of the owner of the
material; and (ii) that you are thirteen years of age or older. In addition,
when you submit or post any material, you are granting us, and anyone
authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit,
create derivative works from, distribute, and/or publicly perform or display
such material, in whole or in part, in any manner or medium, now known or
hereafter developed, for any purpose. The foregoing grant shall include the
right to exploit any proprietary rights in such
posting or submission, including, but not limited to, rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction. Also,
in connection with the exercise of such rights, you grant us, and anyone
authorized by us, the right to identify you as the author of any of your
postings or submissions by name, email address or screen name, as we deem
appropriate.
Limitations on Linking and Framing. You may
establish a hypertext link to the Site and Apps so long as the link does not
state or imply any sponsorship of your site by Noobis, Inc. However, you may
not, without our prior written permission, frame or inline link any of the
content of the Site or Apps, or incorporate into another website or other
service any of our material, content or intellectual property.
Notice of Copyright Infringement. If you are a
copyright owner who believes your copyrighted material has been reproduced,
posted or distributed via the Site and Apps in a manner that constitutes
copyright infringement, please inform our designated copyright agent by sending
written notice by U.S. Mail to Noobis, Inc.,
Disclaimers
Throughout the Site and Apps, we have provided links and pointers to Internet
sites maintained by third parties. Our linking to such third-party sites does
not imply an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition, neither we
nor our parent or subsidiary companies nor any of our respective affiliates
operate or control in any respect any information, products or services that
third parties may provide on or through the Site and Apps or on websites linked
to by us on the Site and Apps.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, APPS AND
ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE AND APPS OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THE SITE AND APPS, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SITE AND APPS OR MATERIALS ON THIS SITE AND APPS OR ON
THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software
necessary to access the Site and Apps. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
The Site and Apps is provided for informational purposes only, and is not
intended for trading or investing purposes, or for commercial use. The Site and
Apps should not be used in any high risk activities where damage or injury to
persons, property, environment, finances or business may result if an error
occurs. You expressly assume all risk for such use.
Online Commerce
Certain sections of the Site and Apps may allow you to
purchase many different types of products and services online that are provided
by third parties. We are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you make a
purchase from a merchant on the Site, Apps or on a site linked to by the Site
and Apps, the information obtained during your visit to that merchant’s online
store or site, and the information that you give as part of the transaction,
such as your credit card number and contact information, may be collected by
both the merchant and us. A merchant may have privacy and data collection
practices that are different from ours. We have no responsibility or liability
for these independent policies. In addition, when you purchase products or
services on or through the Site and Apps, you may be subject to additional
terms and conditions that specifically apply to your purchase or use of such
products or services. For more information regarding a merchant, its online
store, its privacy policies, and/or any additional terms and conditions that
may apply, visit that merchant’s website and click on its information links or
contact the merchant directly. You release us and our affiliates from any
damages that you incur, and agree not to assert any claims against us or them,
arising from your purchase or use of any products or services made available by
third parties through the Site and Apps.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Site and Apps. You agree to use the
Site and Apps and to purchase services or products through the Site and Apps
for legitimate, non-commercial purposes only. You also agree not to make any
purchases for speculative, false or fraudulent purposes or for the purpose of
anticipating demand for a particular product or service. You agree to only
purchase goods or services for yourself or for another person for whom you are
legally permitted to do so. When making a purchase for a third party that
requires you to submit the third party’s personal information to us or a
merchant, you represent that you have obtained the express consent of such
third party to provide such third party’s personal information.
Use of Company Directories
The information contained in any company directories
that may be provided on the Site and Apps is provided for business lookup
purposes and is not to be used for marketing or telemarketing applications. This
information may not be copied or redistributed and is provided “AS IS” without
warranty of any kind. In no event will we or our suppliers be liable in any way
with regard to such information.
Interactive Features
The Site and Apps may include a variety of features, such as bulletin boards,
web logs, chat rooms, and email services, which allow feedback to us and
real-time interaction between users, and other features, such as personalized
home pages and email services, which allow users to communicate with others.
Responsibility for what is posted on bulletin boards, web logs, chat rooms, and
other public posting areas on the Site and Apps, or sent via any email services
on the Site and Apps, lies with each user – you alone are responsible for the
material you post or send. We do not control the messages, information or files
that you or others may provide through the Site and Apps. It is a condition of
your use of the Site and Apps that you do not:
You understand
that we have no obligation to monitor any bulletin boards, chat rooms, web
logs, or other areas of the Site and Apps through which users can supply information or material.
However, we reserve the right at all times to disclose any information we
believe necessary to satisfy any law, regulation or governmental request, or to
refuse to post or to remove any information or materials, in whole or in part,
that in our sole discretion are objectionable or in violation of these Terms of
Service. We also reserve the right to deny access to the Site, Apps or any features of the Site and Apps to anyone who violates these Terms of Service or who, in
our sole judgment, interferes with the ability of others to enjoy the Site
and Apps or infringes the rights of others.
Registration
To access certain features of the Site and Apps, we may ask you to provide certain demographic information
including your gender, year of birth, zip code and country. If you are obtaining access to the Site and
Apps through a third-party (such as Facebook), in
lieu of registration you agree to allow us to obtain and retain any and all
information you provide to that third-party. In addition, if you elect to
sign-up for a particular feature of the Site and Apps, such as chat rooms, web logs, or bulletin boards, you may
also be asked to register with us on the form provided and such registration
may require you to provide personally identifiable information such as your
name and email address. You agree to provide true, accurate, current and
complete information about yourself as prompted by the registration form. If we
have reasonable grounds to suspect that such information is untrue, inaccurate,
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site and Apps (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration process
and your use of the Site and Apps is governed
by the terms of our Privacy Policy.
Passwords
To use certain features of the Site and Apps,
you may need a username and password, which you will receive through the Site’s
and Apps’ registration process. You are responsible
for maintaining the confidentiality of the password and account, and are
responsible for all activities (whether by you or by others) that occur under
your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of security,
and to ensure that you exit from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from your failure
to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE SITE AND APPS, INCLUDING ITS MATERIALS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE AND APPS, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE OR APPS, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
SITE OR APPS, OR WITH ANY OF THE SITE’S OR APPS’ TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND APPS.
Termination
We may cancel or terminate your right to use the Site and Apps or any part of the Site and Apps at any time without notice. In the event of cancellation
or termination, you are no longer authorized to access the part of the Site
and Apps affected by such cancellation or
termination. The restrictions imposed on you with respect to material
downloaded from the Site and Apps, and the
disclaimers and limitations of liabilities set forth in these Terms of Service,
shall survive.
Other
This agreement constitutes the entire agreement
between us and you with respect to the subject matter contained in this
agreement and supersedes all previous and contemporaneous agreements, proposals
and communications, written or oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services of a
third party that are provided through the Site and Apps. In the event of any conflict between any such third-party
terms and conditions and these Terms of Service, these Terms of Service shall
govern. This agreement shall be governed by and construed in accordance with
the laws of the State of