Terms

 

YOUR ACCEPTANCE OF TERMS

By accessing or using any of our Services, you agree to be bound by these terms and conditions (the “Terms of Service”), and NOOBACK’s privacy policy located here (“Privacy Policy”) which are incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services.

MODIFICATION OF TERMS

NOOBACK reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the NOOBACK website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.

ELIGIBILITY TO USE SERVICES

You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at hello@nooback.com. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

By accessing the Services, you represent and warrant to NOOBACK that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.

 

USER SUBMISSIONS

In the course of using the Services, you and other users may provide information which may be used by NOOBACK in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to NOOBACK or in connection with the Services, you hereby grant to (i)NOOBACK a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services andNOOBACK’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.

The foregoing license grant toNOOBACK does not affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions unless otherwise agreed in writing. You, not NOOBACK, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to NOOBACK and to grant NOOBACK the rights to use such information in connection with the Services and as otherwise provided herein.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that NOOBACK will not be liable for any errors or omissions in any such content. You understand that NOOBACK cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, NOOBACK cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

CONTENT

• Copyrights. All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
• Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by NOOBACK in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.
• Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:

  • Any comment made using your identity or screen name will be deemed to have been posted by you.
  • Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
  • You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
  • You shall not make false or misleading statements.
  • You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from NOOBACK in connection with a feature of the Services.
  • You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
  • You shall not post information that is confidential or sensitive.
  • You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
  • You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.

• Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by NOOBACK in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
• Links. If you link to the Services, NOOBACK may revoke your right to so link at any time, at NOOBACK’s sole discretion.NOOBACK reserves the right to require prior written consent before linking to the Services.
• Company’s Right to Monitor. NOOBACK has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, NOOBACK reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If NOOBACK chooses, in its sole discretion, to monitor the Services, NOOBACK 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.
• Company’s Right to Remove Content. NOOBACK reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
• No Endorsement. You acknowledge that NOOBACK does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
NOOBACK VOICES PROGRAM

• Blogger Content. If you are a member of the NOOBACK writer program, any content you create and submit (“Blogger Content”) must be your original content and never before published by you or any third party. For any editorial Blogger Content that is accepted by the NOOBACK Voices Team, you agree not to publish such Blogger Content on any other website unless we specify to you in writing that you may publish the Blogger Content on your own blog or website. You may, however, link to the Blogger Content on NOOBACK.com from your site or other sites, provided that you comply with all applicable policies, terms and procedures of all applicable social media sites’ and other online/mobile services, including but not limited to those of Facebook, Twitter, and Pinterest as it relates to the promotion of the Blogger Content.
• NOOBACK’s Rights and License. NOOBACK reserves the exclusive right to choose what Blogger Content to publish or not publish in its sole discretion and is not obligated to provide you with a reason for rejecting any submitted Blogger Content and reserves the exclusive right to remove and permanently delete the Blogger Content without notice, in its sole discretion. In submitting your Blogger Content, you grant NOOBACK an exclusive, perpetual, worldwide, royalty-free, irrevocable, sublicensable, transferable, license and right to use and exploit the Blogger Content, so long as we give you writer’s credit, including without limitation to link to or independently re-publish (in whole or in part). You also agree that NOOBACK and any of its sublicensees are free to attribute the Blogger Content to you, your website, or your blog, and use your appearance, name, likeness in connection with the marketing and advertising of the blog materials for all institutional and historical purposes.
• Third Party Clearances. If your Blogger Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit NOOBACK and/or any of its partners to use and display the Blogger Content, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. You must be able to provide all appropriate clearances, permissions, and releases from anyone who assisted in the creation of such images or other content you submit. In the event you cannot provide all required releases upon our request, NOOBACK reserves the right, in our sole discretion, to disqualify the applicable submission or seek to secure the releases and clearances for our own benefit.
• Third Party Product. If you participate in the NOOBACK Voices Program, you may receive a retail product, or other good (“Third Party Product”) from a manufacturer, promoter, or individual or entity representing such product, and not NOOBACK. NOOBACK makes no representations or warranties whatsoever with regard to any Third Party Product provided or offered, and you acknowledge and agree that any reliance on representations and warranties provided by the third party company brand shall be at your own risk. NOOBACK disclaims, and you agree to assume, all responsibility and liability, whether to you or third parties, resulting from your use of the Third Party Product.
• FTC Disclosures and Compliance. If you participate in the NOOBACK Voices Program, you shall only make statements that are true, accurate, and based on your personal experience. You agree that you are solely responsible for, and may be liable for, any false or misleading claims that you make about any products, its manufacturer or promoter. You agree to review and adhere to all applicable FTC guidelines, any particular restrictions or guidelines regarding product reviews, and any applicable content guidelines of NOOBACK and/or NOOBACK’s advertising partners.

 

NOOBACK’S INTELLECTUAL PROPERTY AND LIMITED LICENSES

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of NOOBACK, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to NOOBACK or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of NOOBACK, its affiliates, or any third party.

YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without NOOBACK’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of NOOBACK.

RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any NOOBACK user; (iii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g., links to NOOBACK’s Privacy Policy and Terms of Service) on the Services or any of the features or tools or other Services; (ix) access, display, distribute or otherwise exploit any Content through any technology or means other than the video playback pages of the Services or the Video Player.

Any violation of the above may be grounds for termination of your right to access or use the Services. NOOBACK reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that NOOBACK deems in its sole discretion to be an illegal or unauthorized use of the Services. NOOBACK will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

YOUR OTHER OBLIGATIONS

You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.

You are responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Services.

 

DISCLAIMER OF WARRANTIES

THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE NOOBACK WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF NEW JERSEY OR ANOTHER STATE WHICH DOES NOT ALLOW SUCH LIMITATIONS.

Without limiting the generality of the foregoing, NOOBACK makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from NOOBACK or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.NOOBACK makes no representations concerning any Content contained in or accessed through the Services, and NOOBACK will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will NOOBACK be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.

NOOBACK has no special relationship with or fiduciary duty to you. You acknowledge that NOOBACK has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

NO MEDICAL OR OTHER PROFESSIONAL ADVICE

The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from NOOBACK’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or any Content on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 999 immediately. NOOBACK does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.

PRIVACY

For information regarding NOOBACK’s treatment of personal information, please review our current Privacy Policy at http://www.nooback.com/privacy-policy, which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

INDEMNITY

You agree to indemnify and hold NOOBACK, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL NOOBACK OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND NOOBACK’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, NOOBACK MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.

 

INTERACTION WITH THIRD PARTIES

The Services may contain links to third party websites that are not owned or controlled by NOOBACK, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. NOOBACK has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, NOOBACK will not and cannot monitor, verify, censor or edit the content of any third party site By using the Services, you expressly relieve and hold harmless NOOBACK from any and all liability arising from your use of any third party website.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that NOOBACK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NOOBACK is under no obligation to become involved.

MODIFICATION AND TERMINATION

NOOBACK reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. NOOBACK may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.

WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. NOOBACK shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NOOBACK’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

 

ENTIRE AGREEMENT

You and NOOBACK agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

NO AGENCY; NO ASSIGNMENT

This Agreement is not assignable, transferable or sublicensable by you except with NOOBACK’s prior written consent. NOOBACK may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind NOOBACK in any respect whatsoever.

SURVIVAL

All provisions of this Agreement which by their nature are intended to survive performance hereof by you or NOOBACK, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

FTC DISCLOSURE REQUIREMENTS

NOOBACK aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.