Nurnur.net has a number of regulations by which its members are expected to abide. Please familiarize yourself with our Terms of Service policy before you open your Nurnur.net account. Check the checkbox in the "Terms of Service" section by clicking in it only if you understand and agree to observe our rules. If you attempt to submit this form without checking this box, you will be returned to the form and prompted to check it.
Terms of Service
NURNUR.NET, is the owner and operator of NURNUR.NET, an online photo sharing community. Registered members of Nurnur.net can create online galleries and upload graphic files to these galleries.
Modifications
NURNUR.NET, reserves the right to modify any part of this Agreement at any time in its sole discretion, this includes but is not limited to the graphic file storage term, and any Nurnur.net functionality. Any modification is effective immediately upon posting on this page. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services by closing your account. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.
Acceptable Use
Your use of the services provided by Nurnur.net is subject to the following agreement. Violations of this agreement may result in termination of your account with or without notice. Nurnur.net recommends that members maintain their own backups of any 'irreplaceable' content, as Nurnur.net cannot warrant that no loss or corruption of data shall occur.
Age Requirements
Use of Nurnur.net is limited to persons at least 13 years of age. Nobody under the age of 13 is allowed and no information of any person under the age of 13 will be knowingly collected by Nurnur.net. If you become aware of any person under the age of 13 who uses Nurnur.net, please contact us at support@nurnur.net to report such occurrences. Nurnur.net will immediately delete any information of and/or any accounts that we believe to belong to users under the age of 13.
Membership
Membership is available to anyone who provides all required information including your name, and an accurate and legitimate email address.
Prohibited Use
You may not use Nurnur.net (1) in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of Nurnur.net, , its affiliates, or subsidiaries, (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by Nurnur.net.
Prohibited Content
As used herein, "content" shall mean all text, graphics (including avatars), photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with Nurnur.net.
You are prohibited from storing, posting, distributing or transmitting any unlawful content at Nurnur.net. Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, any kind of pornography, and copyrighted, trademarked and other proprietary material used without proper authorization.
As used herein, "pornography" shall mean any explicit depiction or exhibition of sexual activity and/or sexual imagery that is intended to stimulate erotic, rather than PURELY aesthetic or emotional feelings.
Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of Nurnur.net and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you can not upload images for which you don't have copyrights.
Protection of Intellectual Property
Nurnur.net complies with The Digital Millennium Copyright Act (“DMCA”) <http://www.copyright.gov/legislation/dmca.pdf> , respects the intellectual property rights and requires that all users respected DMCA and intellectual property rights of others. By using Nurnur.net services you certify that your use does not infringe upon anybody’s intellectual property. Nurnur.net has been and will continue to vigorously enforce DMCA and to respond quickly to any allegations of intellectual property infringement.
Nurnur.net does not allow any copyright infringement and will, if notified properly and if not satisfied with a response by an accused party, remove or disable access to such content. Nurnur.net reserves the right to remove or disable access to content without prior notice as well as to terminate accounts and/or Nurnur.net membership of users whom Nurnur.net determines to be repeat infringers and/or violators of any other clauses of Nurnur.net Terms of Service.
Nurnur.net may be required to disclose information to individuals asserting rights under the DMCA. By using Nurnur.net you authorize Nurnur.net to release information about you if required by law or subpoena, without any notice to you. By using Nurnur.net, you agree that you, and not Nurnur.net, are responsible for any violations of any intellectual property rights in any content that you upload to Nurnur.net.
If you believe that you are the owner of intellectual property which was copied in such a way by someone on Nurnur.net site that such copying represents violation of your intellectual property rights, please support@nurnur.net with the following information included in your Claim Letter (please note that ALL information listed below is required from you in order for us to act upon your complaint):
1. Your/your company/organization name and contact information and a description of your rights including a signature of the owner of the claimed rights or a party duly authorized to act on behalf of the owner
2. A description of the property in question which you claim to be yours including the URL (location) of the media on Nurnur.net Website and a statement that you have a good faith belief that the use of said material has not been authorized by the copyright owner, its agent, or the Law
3. A statement by you (the owner or representative), made under penalty of perjury, that the above information in your Claim Letter is accurate and that you are either the owner of copyright or intellectual property or authorized to act on behalf of the owner.
Upon receipt of a proper notice as described above, Nurnur.net will confirm the existence of the alleged infringing content on Nurnur.net site, notify the user(-s) who posted the alleged infringing content, and take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from Nurnur.net site if Nurnur.net, at its sole discretion, deems evidence submitted in the claim sufficient and/or infringement obvious. A user who posted an alleged infringing content may respond to Nurnur.net notice by showing that either: (1) the infringing content has been removed or (2) the he/she has a an appropriate trademark registration or an appropriate valid license covering the use of the content or (3) that posting of the content does not, in fact, infringe upon the alleging party’s rights. If Nurnur.net determines, at its own full discretion, that the user who had posted content allegedly violating someone’s intellectual property rights, does not, in fact, infringe upon the alleging party’s rights and does not violate DMCA, then Nurnur.net will not remove, or will restore, the content in question.
Notwithstanding the foregoing, Nurnur.net will promptly comply with the terms of any court order relating to alleged trademark infringement by any user of Nurnur.net.
Arbitration Clause
In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be referred to a United States Arbitration and Mediation (USA&M) office to be designated by USA&M National Headquarters for arbitration in accordance with the applicable USA&M Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Force Majeure
Nurnur.net shall not be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NURNUR.NET AND ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, NEGLIGENCE OR FAILURE TO MONITOR CONTENT OF THE WEBSITE, SHOPPING CART OR ANY OTHER CONTENT, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) ARISING OUT OF YOUR USE OR INABILITY TO USE NURNUR.NET OR INABILITY TO USE NURNUR.NET PROPERLY OR TO YOUR FULL SATISFACTION, ANY OF NURNUR.NET'S CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE, EVEN IF NURNUR.NET OR AN AUTHORIZED NURNUR.NET REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NURNUR.NET'S and 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE NURNUR.NET WEB SITE.
In recognition of the relative risks and benefits of Internet business to Nurnur.net, the risks have been allocated such that you agree, to the fullest extent permitted by law, to limit the liability Nurnur.net for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of Nurnur.net shall not exceed $500, or your total fees and costs, whichever is smaller. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
PROVISIONS OF THIS CHAPTER ("LIMITATION OF LIABILITY") SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE. |
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