Website Terms of Use

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the websites operated by Noblivity Inc. and certain Noblivity subsidiaries, including this website (“Site”).  Your use of and/or registration on any aspect of this Site will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use this Site.

User Agreement

Please read this User Agreement carefully before using this Site.  BY USING THIS SITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE SITES. The following User Agreement (“Agreement”) govern your  use of this Site including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas as provided by Noblivity Inc., (“NI”, “Service”, “Site”, “We” or “we”). Your electronic acceptance of these Terms of Use and other posted policies through your use of this Site shall have the same force and effect as if you had actually signed an agreement embodying these terms. We reserve the right to change the terms of this User Agreement or to modify any features of this Site at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: Noblivity.com/blog/terms. Your use of this Site constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site, shall be subject to this User Agreement.

In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Site constitutes agreement to its terms and conditions as well.

WEBSITE AND CONTENT

Website Availability

We may change, suspend or discontinue availability, temporarily or permanently, of any aspect of the Site at any time without notice. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Site without notice or liability.  In addition, the Site contains links to other internet sites, resources, and sponsors or advertisers on the Site. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

Links/Advertisements/Search Engines

The Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Site, or by Noblivity or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Site also contains advertisements by third parties. Unless otherwise specifically stated on the Site, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Site.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Site (including deep linking to articles or pages within the Site), provided that (1) the hyperlink text accurately describes the content as it appears on the Site, (2) no scraping of the content by any means (i.e., extracting content from the Site and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server, except as part of an internet service provider’s incidental caching of pages and (4) each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission.  Search engines and indexing agents are required to obey the robots.txt file relating to the Site and its contents.

Copyright

This Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and NI (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. All individual articles, videos, content and other elements comprising this Site are also copyrighted works, and NI (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Site. By posting or submitting content on or to the Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving NI, and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to NI made by you from time to time, you understand and agree that (unless you and we agree otherwise) NI may, or may permit users to, based solely on functionality provided and enabled by the NI Site, compile, re-edit, adapt or modify your video submission, or create derivative works there from, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and NI or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

Submissions

You must be at least 13 years old to contribute content to this Site.

By submitting any material (text, photos, videos or other content) to through the Site, you agree to be bound by these Terms of Use.  You shall be solely responsible for your own submissions and the consequences of posting or publishing them. Through your submission of any materials of any kind (whether text, photos, video or other content), you grant Noblivity and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively) the content submitted by you with no monetary compensation at any time. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NI to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by NI and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by NI and this User Agreement. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you.  Noblivity has no obligation to provide attribution for any content you post.  If you do not agree to these terms, do not submit any content.  In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NI all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage NI or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business.  Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.  NI reserves the right to remove or not publish submissions without prior notice.

Content Submission Rules and Restrictions

You agree not to submit any content that is libelous, defamatory, obscene, pornographic, or otherwise illegal, or is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.); or abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.;  or infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
impersonates another person or misquotes another person;  or violates any applicable law, or violates any party’s rights; or offers or advertises any goods, or services or solicits any funds or consideration.   We are not responsible for the content of any submissions.

Copyright Violations.

Users are prohibited from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.

If you are a copyright owner or agent thereof and believe that User Content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to 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; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; (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.

Our Copyright Agent can be reached as follows:

by mail:    Noblivity.com/Attn: Copyright Agent/PO Box 9382/Naperville, IL 60567
by phone: (630) 717-5408
by fax:     (630) 717-5471
by email:  copyright@noblivity.com

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.

Personal Non-Commercial Use

This Site is for your personal and noncommercial use only.  Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing  you may not distribute any part of this Site over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as NI from time to time excerpts materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials; accordingly, you may from time to time excerpt and use materials set forth on this Site, provided, that you must give the original author credit and such use must be for a non-commercial purpose only and not, for example, for re-sale. We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Site. Neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

Indemnity

You agree at your expense to indemnify and hold harmless Noblivity Inc., and its affiliates, and their respective partners, suppliers, representatives, contractors, members, directors, officers, managers, employees, shareholders, agents, and licensors, from any and against all losses, claims, suits, expenses, liabilities or damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any allegation or violation by you of this Agreement, your use of this Site, Noblivity, the Site or its affiliates use of any content or information you provide, information or material posted or transmitted through your registration account or user ID, even if not posted by you and any violation of these Terms of Use by you (collectively). We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.  NI reserves the right to select counsel and conduct the defense or settlement of any such claim, which shall not relieve you of your obligation to indemnify as provided above.

Commercial Transactions

Certain portions of the Site may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Site is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Site has no control over the quality, safety or legality of the items advertised the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.  Merchandise sold on or through either this Site or its third party service provider’s makes any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site. Transactions for any such item shall be between the user and the third party seller, without any involvement of this Site or its third party service providers. You agree that Noblivity and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site, including illegal, offensive or illicit items, even items that violates this Agreement.

No Representations or Warranties

Noblivity and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Site, including without limitation any content submitted by any user.
THIS SERVICE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SITE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THIS SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

THIS SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, RETAIL DATA, OR OTHER INFORMATION CREATED OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY NI AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SERVICE. BECAUSE WE HAVE NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH SERVICES.

Noblivity and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Site (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Site.

Severability; Waiver

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

This Agreement shall be governed by the laws of the United States and the State of Illinois, applicable to agreements made and to be performed therein without regard to conflict of law principles. BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.