1. Conduct. You shall not (a) copy or distribute any part of this Website (including all of the contents of the website), (b) alter or modify any part of the website, (c) upload, post, email, transmit or otherwise make available on the Website any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, (d) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (e) impersonate any person or entity or misrepresent their affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the website or impersonate another person or organization; (g) upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under a contractual relationship; (h) upload, post, email, transmit or otherwise make available any material that infringes any patent, <st1:policysmarttags.cwspolicytagaction_5 tagtype="4">trademark, trade secret, copyright or other proprietary rights of any party (including privacy and publicity rights); (i) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (j) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the website or that of any users or viewers of the website or that compromises a user’s privacy; (k) interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (l) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (m) collect or store personal data about other users or viewers; or (n) resell the content of the website, the use of the website or access to the website or the content of the website.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
2. Intellectual Property Rights. If You provide nmodes with any suggestions, comments or other feedback ("Feedback") relating to the website, nmodes may use such Feedback in the website or in any other nmodes products or services (collectively, " nmodes Offerings"). Accordingly, You agree that: (a) nmodes is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not <st1:policysmarttags.cwspolicytagaction_6 tagtype="5">confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to nmodes, (c) nmodes (including all of its successors and assigns and any successors and assigns of any of the nmodes Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any nmodes Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from nmodes or any of the other users of the Website.
3. Use of the Website. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users, is the sole responsibility of such viewers or users. This means that the viewer or user, and not nmodes, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the website. nmodes does not control such content posted to the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the website, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will nmodes be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available on the website.
The information and materials on this Website may contain technical inaccuracies or typographical errors. Certain materials on this website may have been submitted by viewers or other participants in the various forums on this website. In no event shall nmodes have any responsibility whatsoever for any information or materials submitted by any viewers or participants in any forums or contests on this Website and such viewers and participants shall be solely responsible for their participation in such forums.
NMODES may alter, suspend, or discontinue this website at any time and for any reason or no reason, without notice. The website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. nmodes may periodically add or update the information and materials on this website without notice.
4. Advertising. You acknowledge and agree that the website may be provided with advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that nmodes shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the website. It is your responsibility to ascertain whether any information or materials downloaded from this website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
5. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, nmodes DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. nmodes SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. nmodes DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND nmodes SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
5.2 NO RESPONSIBILITY FOR CONTENT. You acknowledge and understand that the content of the exchanged by the use of the Website is entirely the responsibility of the person from whom such content originated. Therefore, you may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. nmodes WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE WEBSITE.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL NMODES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF NMODES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6.2 Release.Because NMODES does not supervise or control the interactions among or between members of NMODES and other persons or companies, and because NMODES does not control PayPal, credit card companies or other payment processing companies, and because NMODES cannot guarantee the true identity, age, nationality of Website users, and because NMODES has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website you agree that you bear all risk and you agree to release NMODES (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website, your third party transactions, NMODES ’ resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
8. Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by NMODES . NMODES is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-NMODES websites does not imply that NMODES endorses or accepts any responsibility for the content or use of such websites, and You hereby release NMODES from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While NMODES encourages links to the Website, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of NMODES for which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, <st1:policysmarttags.cwspolicytagaction_5 tagtype="4">trademark or other proprietary rights. NMODES reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of NMODES .
9. No Implied Endorsements. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by NMODES of that third party, third party product or service.
10. No Advice. The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
13. Security. Information sent or received over the Internet is generally unsecure and NMODES cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
15. Copyright and <st1:policysmarttags.cwspolicytagaction_5 tagtype="4">Trademark Information. This Website, and the information and materials that it contains, are the property of NMODES and its licensors, and are protected from unauthorized copying and dissemination by copyright law, <st1:policysmarttags.cwspolicytagaction_5 tagtype="4">trademark law, international conventions and other intellectual property laws. All NMODES product names and logos are trademarks or registered trademarks of NMODES Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any materials displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of NMODES . You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
This website is Copyright © 2011 NMODES Inc. All rights reserved.