b. By using the Service, you accept this Agreement and agree to the terms contained herein and consent to have this Agreement and all notices provided to you electronically. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at [email protected]
c. The Company may modify this Agreement from time to time, such modifications to be effective upon posting by the Company in the Service. Please check the Service periodically for changes made to this Agreement. Your continued use of Nubko after the posting of changes constitutes your binding acceptance of such changes. Notwithstanding the previous sentences of this Section 1(c), no revisions to this Agreement will be effective with respect to any dispute that arose between you and the Company prior to the date of such revision.
a. No part of Nubko Services is directed to persons under the age of 13. You must be at least 13 years of age to access and use the Service. Also, Nubko is not available to any Users previously suspended or removed from Nubko by the Company. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms of this Agreement.
b. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
c. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
You are bound by any submission guidelines or additional guidelines or rules applicable to specific services and features on Nubko that may be posted or presented to you from time to time through the Service by the Company (collectively, “Guidelines”). Please read all Guidelines carefully as all such Guidelines also are hereby incorporated by reference into this Agreement. In the event of any conflict or inconsistency between this Agreement and any Guidelines, the Guidelines will govern solely to the extent of the conflict or inconsistency.
a. When you use Nubko to post and/or download or edit information on Nubko, you will have to create an account by providing an e-mail address, user name and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device used to access Nubko, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company on registration and at all other times will be true, accurate, current, and complete. You also agree to keep this information accurate and up-to-date at all times until you voluntarily choose to terminate your use of Nubko or your right to use Nubko is terminated by the Company.
b. If the Company determines that your e-mail address is no longer valid, then the Company may, in its sole discretion, suspend your right to use Nubko until you provide a current e-mail address or terminate your account. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit or debit card number, if applicable), then you agree to immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account on Nubko prior to your notification to the Company of the loss, theft or unauthorized disclosure or use of your account ID or password.
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. NUBKO CURRENTLY DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY STATEMENTS MADE BY ITS USERS. NUBKO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE
CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO SEND MONEY TO ANOTHER USER. THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR SEND MONEY TO OTHER USERS.
Nubko includes features that allow you to send messages to other Users. Each conversation is separate. Only you and the people you are messaging can view the conversation and history of your conversation. Conversations can be forwarded, much like traditional email, so you should carefully consider what you include in messages sent to other Users through any messaging features offered in Nubko. You represent and warrant that you will indemnify and hold the Company harmless from any and all claims arising out of your sending such messages.
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
a. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”).
b. You may not post as part of the Service, or transmit to the Company or any other User (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
c. You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Instagram account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
d. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
e. By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub- licensable, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
f. In addition to the types of Content described in Section 8(b) above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
(i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) advocates harassment or intimidation of another person; (iii) requests money from, or is intended to otherwise defraud, other Users; (iv) involves the transmission of “junk mail”, “chain letters,” unsolicited mass mailing, “trolling” or similar activities; (v) promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; (vi) promotes an illegal or unauthorized copy of another person’s copyrighted work (such as providing pirated images, audio or video, or links to pirated images, audio or video files); (vii) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; (x) provides instructional information about illegal activities (such as violating someone’s privacy, or providing, disseminating, or creating computer viruses); (xi) contains viruses or other harmful, or disruptive codes, components or devices; (xii) impersonates, or otherwise misrepresents affiliation or association with any person or entity; (xiii) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships; (xiv) disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; (xv) solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; (xvi) publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, and advertising; and (xvii) facilitates or encourage any violations of this Agreement or Nubko policies.
g. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, in order to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
h. You agree that any Content you place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Service.
Nubko may include links or references to other web sites or services (“Third Party Sites”) in the Service. The Company does not guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or adopt, endorse or accept responsibility for the accuracy or reliability of any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Nubko are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through third party sites, is solely at your own risk. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service, or transmitted to or by any Users.
a. Termination by the Company. You agree that the Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company or your use of Nubko and remove and discard all or any part of your account, user profile, and any Content, at any time for any violation of this Agreement. The Company may also in its sole discretion and at any time discontinue providing access to Nubko, or any part thereof, with or without notice. You agree that any termination of your access to Nubko or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company will not be liable to you or any third-party for any such termination. You should therefore make sure that you maintain backup copies of any Content you Post to Nubko. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed herein, the Company does not permit infringing activities on Nubko, and will remove all Content that is found to be infringing.
b. Termination by You. Your only remedy with respect to any dissatisfaction with (i) Nubko; (ii) any term of the Agreement; (iii) any policy or practice of the Company in operating Nubko; or (iv) any Content or information transmitted through Nubko, is to terminate this Agreement and your account. You may terminate this Agreement at any time by deleting your account with Nubko and discontinuing use of the Service. To delete your account or request that the Company remove any of your Content from Nubko, send an e-mail to [email protected] The Company will use reasonable efforts to respond promptly to your request for termination or Content removal, and will process your request no later than ninety (90) days following receipt of your e- mail. Your account will be deemed terminated upon the Company’s confirmation to you that your account has been deleted.
a. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not: (i) impersonate any person or entity; (ii) solicit money from any users;
(iii) post any Content that is prohibited by Section 8 above; (iv) “stalk” or otherwise harass any person; (v) express or imply that any statements you make are endorsed by the Company without our specific prior written consent; (vi) use the Service in an illegal manner or to commit an illegal act; (vii) access the Service in a jurisdiction in which it is illegal or unauthorized; (viii) ask or use Users to conceal the identity, source, or destination of any illegally gained money or products; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (x) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service; (xi) interfere with or disrupt the Service or the servers or networks connected to the Service; (xii) email or otherwise transmit 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; (xiii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software); (xiv) “frame” or “mirror” any part of the Service, without the Company's prior written authorization; (xv) use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose; (xvi) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so; (xvii) post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url); (iv) your address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b. Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at [email protected] or the following mailing address: Copyright Agent Nubko, Inc. 16192 Coastal Highway Lewes, Delaware 19958
c. The accounts of repeat infringers will be terminated by the Company.
You agree to indemnify, defend, and hold the Company, its affiliates, and its third party partners (each, a “Company Party,” and collectively, the “Company Parties”) harmless from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Nubko, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you in this Agreement. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Company Party if the Company has a good faith belief that you are unable or unwilling to adequately defend the Company Parties, and you agree to cooperate with the defense of these claims. The applicable Company Party will use reasonable efforts to notify you of any claim, action, or proceeding for which it is entitled to indemnification upon becoming aware of it. Notification to you via e-mail will be sufficient for notice pursuant to this paragraph and it is your responsibility to maintain a current e-mail address on file with the Company at all times. A Company Party’s inability to contact you via e-mail for any reason will not nullify your indemnification obligations under this Agreement.
a. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by Users or any of the equipment or programming associated with or used in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any User or User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
b. To the maximum extent allowed by applicable law, the Company provides the Service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that the Service will be uninterrupted or error free, secure or that any defects or errors in the Service will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to obtain any material through the Service.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
b. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. IN THE EVENT THAT THIS ARBITRATION AGREEMENT IS FOR ANY REASON HELD TO BE UNENFORCEABLE, ANY LITIGATION AGAINST THE COMPANY (EXCEPT FOR SMALL-CLAIMS COURT ACTIONS) MAY BE COMMENCED ONLY IN THE FEDERAL OR STATE COURTS LOCATED IN SAN FRANCISCO,
CALIFORNIA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. THIS AGREEMENT, AND ANY DISPUTE BETWEEN YOU AND THE COMPANY, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW, PROVIDED THAT THIS ARBITRATION AGREEMENT SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
a. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
b. This Agreement is subject to change by the Company at any time.