nomee.com Terms of Use Agreement
Last revised March 1, 2009
nomee.com, inc. ("nomee" or "we") operates nomee.com, a social network and a social presence aggregator and management service and solution which allows members to create, control and update social networking information and personal profiles online. The services offered by nomee include any nomee-branded URL (the "nomee Website"), the nomee desktop client, nomee software, and any other features, content, or applications offered from time to time by nomee in connection with nomee’s business (collectively, the "nomee Services"). The nomee Services are hosted in the United States.
This Agreement includes nomee's policy for acceptable use of the nomee Services and Content (as defined in Section 6.1 below) posted on or through the nomee Services and your rights, obligations and restrictions regarding your use of the nomee Services and Content posted on or through the nomee Services. In order to participate in certain nomee Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from nomee. Unless otherwise provided by the additional terms and conditions applicable to the nomee Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
nomee may modify this Agreement from time to time and such modification shall be effective upon posting by nomee on the nomee Website. Your continued use of the nomee Services after nomee posts a revised Agreement signifies your acceptance of the revised Agreement. It is, therefore, important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on or through the nomee Services and that you provide to other Users. Your nomee profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other nomee Users (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and nomee assumes no responsibility or liability for this material. If you become aware of misuse of the nomee Services by any person, please contact us at the address shown on the nomee Website pages.
nomee reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the nomee Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. nomee expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the nomee Services if nomee determines, in its sole discretion, that you have violated this Agreement or pose a threat to nomee and/or its Users.
- Eligibility. Use of the nomee Services and registration to be a Member for the nomee Services ("Membership") is void where prohibited. By using the nomee Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the nomee Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without notice, if we believe that you are under 13 years of age.
- Termination of Membership. You may terminate your Membership at any time and for any reason. nomee may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.
- Fees. There is currently no fee charged for the use of the basic nomee Services. You acknowledge that nomee reserves the right to charge for certain specific types of nomee Services and to change its services and/or fees (if any) from time to time in its discretion (e.g., nomee may offer commercial or enterprise Services at some point in the future, for which fees may be applicable). If you pay a fee for nomee Services and nomee terminates your Membership because you have breached the Agreement, or you terminate your Membership for any reason, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
- Password. When you sign up to become a Member, you may be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify nomee immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Use by Members. The nomee Services are solely for the personal use of Members nomee reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the nomee Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the nomee Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. nomee reserves the right to take appropriate legal action for any illegal or unauthorized use of the nomee Services.
- Proprietary Rights in Content on nomee.
6.1
nomee does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the nomee Services. After posting your Content to the nomee Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the nomee Services, you hereby grant to nomee a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the nomee Services, including without limitation distributing part or all of the nomee Website in any media formats and through any media channels. This limited license does not grant nomee the right to sell or otherwise distribute your Content outside the context of the nomee Services. After you remove your Content from the nomee Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.6.2
The license you grant to nomee is non-exclusive (i.e., you may license your Content to anyone else in addition to nomee), fully-paid and royalty-free (i.e., nomee is not required to pay you for the use of the Content that you post in connection with the nomee Services), sublicensable (e.g., nomee is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the nomee Services), and worldwide (since the nomee Services may be global in reach).6.3
You represent and warrant that: (I) you own the Content posted by you on or through the nomee Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the nomee Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any intellectual property or other proprietary rights of you or any other person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the nomee Services.6.4
The nomee Website and Services contain information, including without limitation all text, graphics, photographs, graphs, sounds, data, images, animation, music, audio, page headers, software, buttons, video, and other icons, and the arrangement and compilation of this information (collectively, the "nomee Content") that is either owned or licensed by nomee. nomee Content is protected by copyright, trademark, patent, trade secret and other laws, and nomee owns and retains all rights in the nomee Content and the nomee Services. Except for the limited use rights referenced below, nomee conveys no right, title or interest to you in the nomee Content, or any of nomee’s intellectual property or other proprietary rights. nomee hereby grants you a limited, revocable, non-assignable, non-transferable right and license to reproduce and display the nomee Content (excluding any software or code) solely for your personal use in connection with viewing the nomee Website and using the nomee Services, provided that you make no modifications to the nomee Content and do not use the nomee Content in a manner that suggests an association or affiliation with nomee. Unless specifically authorized in these Terms of Use, you may not rent, lease, commercially exploit, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works based on, store or time-share the nomee Content, any part thereof. You may not decompile, reverse engineer, or disassemble the nomee Content.6.5
The nomee Services contain Content of Users and other nomee licensors. Except as provided within this Agreement, or as may otherwise be authorized by such nomee licensors (e.g., certain Content may be intended by a User for public use, distribution, etc.), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the nomee Services.6.6
nomee performs technical functions necessary to offer the nomee Services, including but not limited to reformatting Content to allow for its use throughout the nomee Services.
- Content Posted.
7.1
nomee may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of nomee violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. nomee assumes no responsibility for monitoring the nomee Services for inappropriate Content or conduct. If at any time nomee chooses, in its sole discretion, to monitor the nomee Services, nomee nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.7.2
You are solely responsible for the Content that you post on or through any of the nomee Services, and any material or information that you transmit to other Users and for your interactions with other Users.7.3
You agree that your posted Content will be transmitted only to other authorized Users. You have the option, which may be memorialized in a separate agreement with nomee, to designate your Content or Profile Information as "public" information (e.g., the Content may then be used, publicly displayed, reproduced, and distributed in any media formats and through any media channels, by any person, for any reason). nomee assumes no responsibility for the use made of your Content should it be designated as "public" in nature.
- Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the nomee Services. nomee reserves the right to investigate and take appropriate legal action against anyone who, in nomee's sole discretion, violates this provision, including but not limited to removing the offending Content from the nomee Services and terminating the Membership of such violators. Prohibited Content includes but is not limited to Content that in the sole discretion of nomee:
8.1
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;8.2
harasses or advocates harassment of another person;8.3
exploits people in a sexual or violent manner;8.4
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;8.5
solicits personal information from anyone under 13;8.6
publicly posts information that poses or creates a privacy or security risk to any person;8.7
constitutes or promotes information that is known to be false or misleading, or that promotes illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous;8.8
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;8.9
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";8.10
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);8.11
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;8.12
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;8.13
involves commercial activities and/or sales without prior written consent from nomee such as contests, sweepstakes, barter, advertising, or pyramid schemes;8.14
includes a photograph or video of another person that you have posted without that person's consent;8.15
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or8.16
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the nomee Website and through your use of the nomee Services. nomee reserves the right to investigate and take appropriate legal action against anyone who, in nomee's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, infringement of copyright, trademark, patent or any other intellectual property or proprietary right, or theft of trade secrets;8.18
advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the nomee Services. You may not transmit any chain letters or junk email to other Users. In order to protect our Users from such advertising or solicitation, nomee reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which nomee deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the nomee Services, you acknowledge that you will have caused substantial harm to nomee, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay nomee $50 for each such unsolicited email or other unauthorized commercial communication you send through the nomee Services;8.19
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the nomee Services;8.20
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;8.21
covering or obscuring the advertisements on any nomee page via HTML/CSS or any other means;8.22
any automated use of the nomee Services, such as, but not limited to, using scripts to add friends or send comments or messages;8.23
interfering with, disrupting, or creating an undue burden on the nomee Services or the networks or services connected to the nomee Services;8.24
impersonating or attempting to impersonate another User, person or entity;8.25
copying the code for nomee software and embedding it (or directing others to embed it) anywhere other than in connection with your profile on nomee;8.26
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;8.27
selling or otherwise transferring your profile;8.28
using any information obtained from the nomee Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;8.29
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the nomee Services on behalf of that person, such as placing commercial content on your profile, or posting blogs or bulletins with a commercial purpose; or8.30
using the nomee Services in a manner inconsistent with any and all applicable laws and regulations.
- Protecting Copyrights and Other Intellectual Property. nomee respects the intellectual property of others, and requires that all Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other intellectual property or proprietary rights of any person or entity. nomee has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the nomee Services in a way that constitutes copyright infringement, please send nomee's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the nomee Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. nomee's Copyright Agent for notification of claimed infringement can be reached by contacting customerservice@nomee.com.
- Member Disputes. You are solely responsible for your interactions with other nomee Users. nomee reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
- Privacy. Use of the nomee Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Click here to view the nomee Privacy Policy
- Disclaimers. nomee is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the nomee Services, whether caused by Users of the nomee Services or by any of the equipment or programming associated with or utilized in the nomee Services. User Content does not necessarily reflect the opinions or policies of nomee. Profile information and icons posted by Members to the nomee cards may contain links to other websites. nomee is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by nomee. Inclusion of any linked website on the nomee Services does not imply approval or endorsement of the linked website by nomee. When you access these third party sites, you do so at your own risk. nomee takes no responsibility for third party advertisements or third party applications that are posted on or through the nomee Services, nor does it take any responsibility for the goods or services provided by its advertisers. nomee is not responsible for the conduct, whether online or offline, of any User of the nomee Services. nomee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. nomee is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure due to technical problems or traffic congestion on the Internet or on any of the nomee Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the nomee Services. Under no circumstances shall nomee be responsible for any loss or damage, including personal injury or death, resulting from use of the nomee Services, from any User Content posted on or through the nomee Services, or from the conduct of any Users of the nomee Services, whether online or offline. THE NOMEE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND NOMEE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOMEE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE RELIABLE OR ERROR-FREE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT, OR WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICES. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD NOMEE, ITS AFFILIATES AND SUBSIDIARIES HARMLESS), BY WHATEVER MEANS YOU CHOOSE AS MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR HARFUL COMPONENTS.
- Limitation on Liability. IN NO EVENT SHALL NOMEE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE NOMEE SERVICES, EVEN IF NOMEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOMEE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
- U.S. Export Controls. Software may be available in connection with the nomee Services (the "Software"), and is further subject to United States export controls. No Software may be downloaded from the nomee Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and nomee agree to submit to the exclusive jurisdiction of the courts located within the Dallas, Dallas County, Texas, U.S.A. to resolve any dispute arising out of the Agreement or the nomee Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Indemnity. You agree to indemnify and hold nomee, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or in connection with your Contect, your use of the nomee services, your breach of this agreement, breach of your representations and warranties set forth in this agreement, your violation of any law, and/or your violation of the rights of any third party.
- Other. This Agreement is accepted upon your use of the nomee Website or any of the nomee Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and nomee regarding the use of the nomee Services. The failure of nomee to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. "nomee" is a trademark of nomee.com, inc., and all rights in and to such trademark are reserved to nomee.com, inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision shall be modified to the minimum extent necessary to comply with the intent of this Agreement, or shall be deemed severable from this Agreement, and does not affect the validity and enforceability of any remaining provisions.
Please contact us at support@nomee.com with any questions regarding this Agreement.