Welcome to the Nused Website, a site
owned and operated by PlanITROI, Inc.
These Terms of Use, along with policies and guidelines located throughout the
Nused Website identify what users of the Nused Website (";Users";)
can expect from Nused, Nused Providers (as defined below) and the Nused Website
and what we expect from Users. By accessing any areas of the Nused Website,
Users are deemed to have accepted these Terms of Use and other policies and
guidelines identified throughout the Nused Website.
I. ONLINE CONDUCT
User agrees to use the Nused Website only for lawful purposes. User is
prohibited from posting on or transmitting through the Nused Website any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law.
If Nused is notified of any book, information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material on the Nused
Website (collectively ";Content";) provided by User (e.g., through an
author chat or online review) that is allegedly infringing, defamatory,
damaging, illegal, or offensive, Nused may investigate the allegation and determine
in its sole discretion whether to remove or request the removal of such Content
from the Nused Website. Nused may disclose any Content or electronic
communication of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate to operate the Nused
Website; or (iii) to protect the rights or property of Nused and its officers,
directors, employees, agents, third-party content providers, merchants,
sponsors, and licensors (collectively, ";Nused Providers";) and any
other User.
Nused reserves the right to prohibit conduct, communication, or Content that it
deems in its sole discretion to be harmful to individual Users, Nused, the Nused
Website, the communities that make up the Nused Website, or any rights of Nused
or any third party, or to violate any applicable law. Notwithstanding the
foregoing, no Nused Provider can ensure prompt removal of questionable Content
after online posting. Accordingly, no Nused Provider shall assume liability for
any action or inaction with respect to conduct, communication, or Content on
the Nused Website.
II. TRADEMARK
Nused is a trademark or service mark of Nused or its licensor. All rights are
reserved. These and other graphics, logos, service marks, trademarks and trade
dress of Nused and its licensors used on the Nused Website may not be used
without prior written consent of Nused or its licensor, as the case may be.
Without limiting the foregoing, no Nused trademark or trade dress may be used
in connection with any product or service that is not Nused's, in any manner
that is likely to cause confusion among Users, or in any manner that disparages
or discredits Nused.
III. CONTENT
a. Proprietary Rights
User acknowledges that the Nused Website contains Content that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and Nused owns a copyright in
the selection, coordination, arrangement, and enhancement of such Content. User
may not modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions of the Content, provided
that the copies are made only for User's personal use and that User maintains
any notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S.
copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the copyright
or other propriety right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement accompanying such
software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise
distribute on the Nused Website only Content that is not subject to any copyright
or other proprietary rights protection (collectively, ";Public
Content";), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright owner should contain a
phrase such as ";Copyright, owned by [name of owner]; used by
permission."; The unauthorized submission or distribution of copyrighted
or other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User
will be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. No Nused
Provider will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from such User
submission. In compliance with the Digital Millennium Copyright Act, Users and
other persons can report an infringement to Nused at support@planitroi.com. By
submitting Content to any User-submit areas, including, without limitation, any
User book reviews or participation in any author chats, User automatically
grants, or warrants that the owner of such Content has expressly granted Nused
Providers, the royalty-free, perpetual, irrevocable, right and license to use,
reproduce, publish, translate, sublicense, copy, and distribute the Content in
whole or in part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User to
access, store, or reproduce the Content for that User's personal use. Subject
to this grant, the owner of Content placed on the Nused Website retains any and
all rights, which may exist in such Content.
c. Third-Party Content
Nused is a distributor and not a publisher of Content supplied by third parties
and Users. Nused has no more editorial control over such Content than does a
public library or newsstand. Any opinions, advice, statements, services,
offers, or other information that constitutes part of Content expressed or made
available by third parties, including any other User, are those of the
respective authors or distributors and not of Nused or its affiliates or any of
their officers, directors, employees, or agents. No Nused Provider guarantees
the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances, the
Content available through the Nused Website represents the opinions and
judgments of the respective third party providing such Content. Nused neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice, or statement made on the Nused Website by anyone other than Nused.
Under no circumstances shall Nused, or its affiliates, or any of their
officers, directors, employees, or agents be liable for any loss, damage or
harm caused by a User's reliance on information obtained through the Nused
Website. It is the responsibility of User to evaluate the information, opinion,
advice, or other Content available through the Nused Website.
d. Export
The U.S. export control laws regulate the export and re-export of technology
originating in the United States . This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export Control Act and
not to transfer, by electronic transmission or otherwise, any Content derived
from the Nused Website to either a foreign national or a foreign destination in
violation of such laws.
IV. AGE OF USERS
Nused does not intend the Nused Website to be used by minors under the age of
18. Furthermore, Nused does not market the Nused Website for use by minors
under the age of 18. Nused relies upon parents or guardians of Users under the
age of 18 to determine if any content or items available on the Nused Website
are appropriate for view or access by such Users.
V. TERMINATION OF USAGE
Nused may suspend or terminate any User's access to all or any part of the Nused
Website including any account thereon, without notice, for any reason in Nused's
sole discretion, including without limitation Nused's belief that such access
would violate any applicable law or would be harmful to the interests of any Nused
Provider or another User.
VI. DISCLAIMERS AND LIMITATION OF LIABILITY
THE Nused WEBSITE IS PROVIDED BY Nused PROVIDERS ON AN ";AS IS"; AND
";AS AVAILABLE"; BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, EACH Nused PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO Nused PROVIDER MAKES ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Nused
WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON;
(II) THAT THE Nused WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO
THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THE Nused WEBSITE; OR (IV) THAT THE Nused WEBSITE,
ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Nused ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
NO Nused PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
THE Nused WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Nused WEBSITE
MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Nused
PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY Nused PROVIDER BE LIABLE FOR ANY DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE THE Nused WEBSITE, INCLUDING BUT NOT
LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Nused
WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Nused 'S
RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Nused
WEBSITE.
NO Nused PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Nused WEBSITE OR THE PURCHASE
OF ANY PRODUCT THEREFROM, EVEN IF SUCH Nused PROVIDER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER,
AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
VII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such provision shall, as
to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in any
jurisdiction.
VIII. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Nused in the State of New Jersey . As
such, the laws of the State of New Jersey will govern these Terms of Use,
without giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the exclusive
jurisdiction of the courts of the State of New Jersey and of the United States
of America located in the State of New Jersey for any litigation arising out of
or relating to use of or purchase made through the Nused Website (and agrees not
to commence any litigation relating thereto except in such courts), waives any
objection to the laying of venue of any such litigation in the New Jersey
Courts and agrees not to plead or claim in any New Jersey Court that such
litigation brought therein has been brought in an inconvenient forum.
IX. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use
(including any breach thereof), the Nused Website, any Content or any item
purchased from the Nused Website shall be settled by confidential arbitration
in New Jersey, New Jersey administered by the American Arbitration Association
under its Commercial Arbitration Rules (including without limitation the
Supplementary Procedures for Consumer-Related Disputes), and judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Any such controversy or claim shall be arbitrated on an
individual basis and shall not be consolidated with any claim or controversy of
any other party. The foregoing shall not preclude Nused from seeking any
injunctive relief in State or Federal courts located in the State of New Jersey
for protection of Nused 's or Nused licensor's intellectual property rights,
and you consent to exclusive jurisdiction and venue in such courts.
X. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the
entire understanding between User and Nused regarding User's relationship with Nused
and supersedes any prior statements or representations. When using the Nused
Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS
OF USE.
XI. MODIFICATION
Nused reserves the right to make changes to the Nused Website, posted policies
and these Terms of Use at any time without notice. These Terms of Use were last
revised on July 25, 2006.
Nused Copyright Policy
Digital Millennium Copyright Act
(Public Law 105-304)
Corporate Policy and Procedures for Compliance
";Nused will block access to and/or remove any material that it believes
in good faith to be copyrighted material that has been illegally copied and
submitted to our site.";
