NAED does not routinely monitor your postings and submissions to the Site but reserves the right to do so. However, in NAED’s efforts to promote good citizenship within the Internet community, if NAED becomes aware of inappropriate use of the Site, NAED will respond in any way that, in its sole discretion, NAED deems appropriate. You acknowledge that NAED will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, NAED will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You are solely responsible for the photos, profiles (including your name, image, and likeness), submissions, messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (hereinafter, “post“) on or through the Site, or transmit to or share with other users (collectively the “User Content“). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that NAED may, but is not obligated to, review the Site and may delete or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of NAED violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store to the Site or provide to NAED. You agree that under no circumstances will NAED be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to NAED.
When you post User Content to the Site, you authorize and direct NAED to make such copies thereof as NAED deems necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to NAED an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. NAED reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the Site, provided, however, in the event NAED desires to use or publish any User Content for a purpose other than in connection with the Site, NAED shall obtain consent from the creator of such User Content.
Closing Your Account: You or NAED may terminate your user license and account at any time and for any reason or no reason. NAED may suspend the license to use the Site at any time, with or without cause. Once terminated, NAED may permanently delete your account and all the data associated with it. If you do not log in to your account for 12 or more months, NAED may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Account Disputes: You are responsible for the protection and management of your account. You are responsible for the User Content you post in relation to your account and the Site. NAED will not arbitrate or otherwise determine disputes over who owns an account. You agree that you will not request access to or information about an account that is not yours and you will resolve any account-related disputes directly with any third parties. NAED determines who owns an account based on the payment of fees, identification of user licenses, and the materials submitted through that account.
Indemnification for Unauthorized Activities: Submissions by users and unauthorized use of any materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your User ID and/or password. As such, you shall indemnify, defend and hold harmless NAED and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your User ID and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
Third Party Interaction and Links to Third Party Websites: In your use of the Site, you may enter into correspondence with or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that NAED has no liability, obligation or responsibility for any such correspondence, purchase, donation or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit cards or other types of payments from you.
The information about third party service providers that is presented on or through the Site is made available solely for general information purposes. The Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by NAED. Such information and links do not constitute an endorsement by NAED of any such third parties or their websites. You acknowledge that NAED is providing such information and links to you only as a convenience, and you agree that NAED is not responsible for the information provided or links displayed on such websites to which you may be linked. NAED does not warrant the accuracy, completeness, or usefulness of the information on sites linked through the Site or the information provided on the Site. NAED does not independently verify any information provided by service providers. Your interactions with organizations and/or individuals found on or through the Site, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals. Any reliance you place on such information is strictly at your own risk. NAED disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. You agree that NAED shall not be responsible or liable for any loss or damage, including without limitation, personal injury, death, or theft, incurred as a result of your dealings with any third parties. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that NAED is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release NAED, its agents, employees, affiliates, licensors, business partners, successors and assigns, from any and all liability associated with such dispute.
The Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NAED, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NAED. NAED is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You agree that your use of the Site is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur from using the Site, including use of third party information on the Site whether such use is by a provider of services or a user of a provider’s services. To the extent permitted by applicable law, NAED disclaims all liability related to any property damage, theft, personal injury, or death that may arise from the use of, or content provided on, the Site, including any claims based on the violation of any applicable law, rule, or regulation or your or any third party’s alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more of the content providers or service providers to the Site, you release NAED (and its agents, employees, affiliates, licensors, and business partners) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Intellectual Property: By posting User Content, you agree to the following terms:
- Except as provided herein or otherwise agreed upon by the parties, NAED will not have any ownership rights over your User Content. However, NAED needs the following license to maintain the Site and on behalf of NAED’s other users and for NAED. You hereby grant to NAED a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, distribute for use on the Site, and otherwise display the User Content and if applicable trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks“) in connection with (a) the User Content, (b) NAED’s (and its affiliates’, successors’, and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Content and Trademarks in connection with the Site; and (iii) if applicable, use and publish, and permit others to use and publish, your submissions, Trademarks, names, likenesses, and personal and biographical materials of you and your posts and submissions, in connection with the Site. The foregoing license grant to NAED does not affect your other ownership or license rights in your User Content and submissions, including the right to grant additional licenses for your User Content.
- You are publishing your User Content, and you may be identified publicly by your name, photo or User ID in association with your User Content.
- You grant to each user a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions solely for personal, professional, but non-commercial use.
- You further agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant NAED all of the license rights granted herein.
- NAED shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your posts, submissions or descriptions thereof.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- NAED will not be liable for any errors or omissions in any User Content.
- NAED cannot guarantee the identity of any other users with whom you may interact while using the Site.
- All content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, NAED has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. NAED also may terminate user accounts even based on a single infringement.
Disclaimer of Warranties: Your use of the Site is at your own risk. The Site may include inaccuracies or errors that may affect the quality of the materials, products, or software offered through the Site. The materials, products and services offered have not been independently verified or authenticated in whole or in part by NAED. NAED has no liability for any faults, errors or omissions in any content or other products offered through the Site, whether provided by NAED or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. NAED, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, SOFTWARE, OR CONTENT TO THIS SITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NAED WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF NAED HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, NAED DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NEITHER NAED, NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN the Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NAED shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or the Site, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.
Inaccuracies or Errors: The descriptions, materials, user submissions, and other representations of products on or made available through the Site may contain inaccuracies and errors. NAED does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the information provided through the Site may change without notice to you at any time in NAED’s or a third party’s sole discretion.
Local Laws; Export Control: NAED controls and operates the Site from its headquarters in the United States of America and makes no representation that its products and materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies, or other entities located in the United States of America. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
Electronic Communications: By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from NAED. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with NAED. You agree that any notices, agreements, disclosures or other communications that NAED sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
WAIVER OF TRIAL BY JURY: TO THE EXTENT ALLOWED BY LAW, YOU AND NAED EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Class Actions: TO THE EXTENT ALLOWED BY LAW, YOU AND NAED EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
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