By accessing or using any Site or Content from Nellymoser in any way, including, without limitation, including merely browsing the Site or the downloading of any Content, or you agree to and are bound by the Terms. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and Nellymoser for violations of these Terms. If you do not agree to these terms and conditions, you may not use this site and must leave immediately.
Copyright and Trademark Notice
All Content appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Nellymoser, Copyright © 2000- 2010 Nellymoser, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of Nellymoser.
Nellymoser is a trademark of Nellymoser, Inc. All other marks, names, and logos mentioned herein are the property of their respective owners.
Not Acceptable Use
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the screens and/or Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Nellymoser discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
You agree that you will not use the Site or its Content to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Nellymoser, a supplier of Nellymoser, or someone else, or spoof Nellymoser’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Software and Other Products or Services Ordered through This Website
Any product or service that you order or download through this website is subject to the terms and conditions of the End User License Agreement accompanying such product (the “EULA”) and/or other written agreement between you and Nellymoser. All of your rights and remedies with respect to your order, purchase, possession, and use of the product or service are governed by the EULA or such other agreement. All maintenance, update, warranty, liability, and any other obligations related to the product or service, if any, shall be as provided for in the EULA or other written agreement between you and Nellymoser. No other agreements or warranties are expressed or implied.
Site Content and Information
Our Site and any emails generated due to use of the Site may contain Content, information, advice, text, and other materials that are provided for your convenience and/or enjoyment. You should be aware that the Content may contain errors, omissions, inaccuracies, or outdated information. Nellymoser makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content and shall not be liable for any lack of the foregoing. Nellymoser provides no assurances that any problems may be resolved with the use of any Content that Nellymoser provides. By furnishing Content, Nellymoser does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Nellymoser reserves the right at any time to modify, suspend or terminate the Site (or any Content or part thereof), and/or your use of or access to them, with or without notice. Nellymoser is not obligated to produce or deliver any previous versions of the Site or any part of its Content. Nellymoser may also delete, or bar access to or use of, all related Content and files. Nellymoser will not be liable to you or any third-party for any modification, suspension, or termination of the Site, or loss of related Content. Nellymoser may amend these Terms at any time by posting the amended terms on this Site.
If you request an email to be sent, Nellymoser cannot guarantee delivery of such email and is not responsible for delays or failure of email communications generated as a result of any activity on this Site.
Descriptions of, or references to, third party products or publications do not imply endorsement of that product or publication. We are not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
You agree to indemnify and hold Nellymoser, and its subsidiaries, affiliates, officers, partners, agents, co-branders or other business partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of any Nellymoser website, your violation of this Agreement, or your violation of any rights of another.
Third Party Sites
This website may contain hyperlinks to web sites operated by parties other than Nellymoser. Such hyperlinks are provided for your reference only. Nellymoser does not control such web sites and is not responsible for their contents. Nellymoser inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Explicit Content Notice
There may also be hate mail, adult content, and other content that I might find offensive. I waive any potential legal claims, hold harmless and will not attempt to hold Nellymoser, Inc., or their parents, subsidiaries, employees, agents and assigns liable under any legal theory whatsoever for the content I view.
Notification of copyright infringement
Nellymoser respects the copyrights of all. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Nellymoser ’s Copyright Agent a Notice containing the following elements:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- a description of where the material that you claim is infringing is located on the Nellymoser site;
- information sufficient to permit Nellymoser to contact you, such as your physical address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Only notices containing all of the above information will be considered. Nellymoser’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
11 Water Street
Arlington, MA 02476
Disclaimer and Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING ALL CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Nellymoser SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Nellymoser MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND/OR ITS CONTENT.
Nellymoser MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY INFORMATION FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Nellymoser, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Nellymoser HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
This Site can be accessed from countries around the world and may contain references to Nellymoser products, services, and programs that are not available in your country. These references do not imply that Nellymoser intends to announce such products, services, or programs in your country. Nellymoser complies with the various Export laws of the United States of America. If you are using this information in a prohibited manner or from a country prohibited from use by these laws, you must discontinue use immediately.
The Site is controlled, operated, and administered by Nellymoser from its offices within the United States of America. Nellymoser makes no representation that the Site, or the Content available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Content are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Export control laws; notice to U.S. government users
The export and re-export of Nellymoser Content and software products are controlled by the United States Export Administration Regulations, and such Content and software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading a Nellymoser Content and/or software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All Nellymoser products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law, Jurisdiction and Venue
This Agreement is governed by the laws of the Commonwealth of Massachusetts. If, under any circumstances, any dispute or controversy arising out of or relating to or in any way connected with this Agreement shall, notwithstanding the other provisions in the Agreement, be the subject of any court action at law or in equity, such action shall be filed exclusively in the courts of the Commonwealth of Massachusetts or of the United States of America located in the counties of Middlesex or Suffolk, Massachusetts. You and Nellymoser irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any action, and hereby grants jurisdiction to such courts and to any appellate courts having jurisdiction over appeals from such courts or review of such proceedings. Use this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.