Terms and Conditions of Use

Terms and Conditions of Use

 

Welcome to YourNuz.  Flashpoint, LLC, a New Mexico limited liability company, owner and operator of this website (“We” and Us”) grants you access and use of this website (the “Services”), including all content, information and software contained hereon (collectively, the “Website”), subject to these terms and conditions of use (these “Terms of Use”).  Please read it carefully.

 

YourNuz is for sharing information in a civil way and we do not tolerate abusive language or behavior.  We may monitor your YourNuz communications, and if you cannot play by these rules we will ask you to leave, or we may lock you out.

 

  • Use of the Website.
    1. Your access of this Website and use of the Services constitutes your agreement to be bound by these Terms of Use. If you are unable or unwilling to abide by these Terms of Use, please immediately discontinue accessing the Website and using the Services. Subject to these Terms of Use, We grant you a nonexclusive, nontransferable, limited, revocable license to access the Website and use the Services.  We may revoke this license at any time for your violation of these Terms of Use.
    2. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

 

  • You agree to provide accurate and complete information and will not provide any false personal information on YourNuz, or create an account for anyone other than yourself without permission. You will only open one PayPal account for yourself, and only register for ONE YourNuz account (multiple accounts are not permitted). By registering, you represent and warrant that you have legal authority to agree to and be legally bound by these Terms of Use. You also agree to notify Us of any changes thereto within 48 hours so that messages intended for you are not received by individuals obtaining your previous number or email address.  We do not, and you should not, allow any other person or group of people to post content under your username.  Do not share your password with another party.  You must promptly notify Us of any suspected unauthorized use.

 

  • Content and Intellectual Property

 

  • Copyright, trademark and other proprietary rights and laws protect the Website and its intellectual property. No part of our materials on the Website (the “Content”), including, but not limited to, graphics, photographs, logos or text, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission. Except as expressly provided, nothing contained in these Terms of Use shall be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark or other intellectual property rights.

 

  • Rules Governing Submitted Content.

 

  1. Certain features of the Website and the Services allow you to post content, (collectively, the “Submitted Content”). Submitted Content must not:
    1. Violate any local community standards or laws in the country or jurisdiction where the user who is posting content is located;
    2. Contain overly suggestive, pornographic or offensive content as determined by the local community standards or laws in the country or jurisdiction where the user who is posting content is located;
  • Contain excessive violence;
  1. Bully, intimidate, or harass any person, group, or entity;
  2. Promote or condone violence or discrimination against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
  3. Be for the primary purpose of inciting hatred on the basis of race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
  • Constitute or promote predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and/or incite others to commit violent acts or to violate the Terms of Use; or
  • Constitute or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

 

  1. We cannot catch every potential violation of every community standard, privacy violation or other infraction. We will make a good faith effort, as a news platform, to remove content that does not comply with our Terms of Use, but the sources who post content are ultimately liable. YourNuz is merely a reporting website and is only a vehicle for individuals and news organizations to use to post their content.

 

  • Submitted Content Does Not Infringe. You represent and warrant that any Submitted Content you post on the Website will not and does not infringe the rights of any third party, including, without limitation, intellectual property and privacy rights, and that you shall defend, indemnify and hold Us harmless from and against any action, claim, judgment, losses, damages, costs, including reasonable attorney’s fees, and other losses which may be imposed by your breach of these Terms of Use.

 

  • License to Use Submitted Content. You grant Us an irrevocable, assignable, sublicensable, perpetual, nonexclusive, worldwide right to use publish, publicly display, copy, electronically transmit and distribute copies of the Submitted Content in any medium now known or hereafter created.

 

  • User Name. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

 

  • Third Party Content and Links. The Website may contain links to third party websites and service providers, which have separate and independent content and terms of use.  Third party websites and providers are not under our control.  We are not responsible for and assume no liability for any statements, representations or any other form of information contained in third party content appearing on or made available through the Website and/or the Services.  Inclusion of a third party and/or its, his, her content on the Website is not an endorsement thereof.  We will not be liable, under any circumstances, for the illegality, inaccuracy or error in any and all third party content and/or your use of third party websites. Access these sites and providers at your own risk.

 

Advertising Terms

  1. When you place an order, you will tell us the type of advertising you want to buy, demographic and geographic information where you want your advertising to appear, the amount you want to spend, and the start and stop dates of your campaign among other variables. If we accept your order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
  2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify. We will determine the size, placement, and positioning of your ads.
  3. We do not guarantee the activity that your ads will receive, such as the number of views or clicks your ads will get.
  4. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
  5. We can use your ads and related content and information for marketing or promotional purposes.
  6. We may reject or remove any ad for any reason.
  7. Advertising for tobacco products is prohibited.
  8. Alcohol: Ads that promote or reference alcohol must:
    • Comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals and;
    • apply age and country targeting criteria consistent with YourNuz’s targeting guidelines and applicable local laws. Note that ads and news articles or videos that promote or reference alcohol are prohibited in the some countries, including but not limited to: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, Turkey, United Arab Emirates, or Yemen.

 

  • Prohibited Uses. You are solely responsible for all your activity in connection with the Website and the Services.   As a condition of your use of the Website, you warrant that you will not use the Website and/or the Services for any purpose that is unlawful, misleading, malicious, discriminatory, or prohibited herein, including, without limitation, you may not attempt to or actually:

 

  • Scrape, spider, crawl or use any other automated device or manual process to harvest data from the Website;
  • Decompile, reverse engineer, disassemble, loan, sell or create derivative works of the Website;
  • Access content or data not intended for you or log onto a server or account that you are not authorized to access;
  • Probe, scan or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures;
  • Interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing;
  • Use information obtained from the Website to solicit other Website users;
  • Use the Website, the Services or both to transmit any false, misleading, fraudulent or illegal communications, including, without limitation, unlawful multi-level marketing or pyramid schemes;
  • 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 other user;
  • Use the Website, the Services or both to send unsolicited promotions and/or advertisements; and
  • Use the Website, the Services or both to in connection with spyware, Trojan horse, worm, keystroke logger, rootkit, phishing, malware or other malicious computer software.

 

  • Removal of Submitted Content and DMCA Policy.

 

  • In our sole discretion, We may monitor and remove any and all Submitted Content for any, or no, reason including, without limitation, any violation of these Terms of Use, and any alleged infringement of another party’s proprietary rights.

 

  • In accordance with the terms of the Digital Millennium Copyright Act of 1998 (the “Act”), We have registered a designated copyright agent with the United States Copyright Office and avail ourselves of the Act’s protection. 

 

(i) Notice. If you are a copyright owner or authorized agent thereof, please report any alleged copyright infringements to Us by preparing a DMCA Notice of Alleged Infringement (the “Notice”) meeting the specifications below and submitting it to our  designated copyright agent (our “Designated Agent”), DMCA Designated Agent, Flashpoint, LLC, 237 Hanbury Rd. E., Suite 17123, Chesapeake, VA 23322, dmca@YourNuz.com.

 

The Notice should meet the following specifications, set forth more specifically in 17 U.S.C. 512(c)(3):

 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by the Notice, a representative list of such works at that site;

 

  • Identification of the Submitted Content material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;

 

  • Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

 

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, for example as a fair use (i.e., “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”);

 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (i.e., “I hereby state that the information in the Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”); and

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(ii) Counter-Notice.  You may send a counter-notice (the “Counter Notice”) meeting the specifications below to our Designated Agent if you believe that your removed Submitted Content is not infringing, or that you have authorization from the copyright owner, an authorized agent or pursuant to law, to post and use the material in your Submitted Content.

 

The Counter Notice should meet the following specifications:

 

  • Identification of the Submitted Content material that has been removed or to which access has been disabled and the location at which the Submitted Content appeared before it was removed or disabled;

 

  • A statement that you have a good faith belief that the Submitted Content was removed or disabled as a result of a mistake or a misidentification of the Submitted Content (i.e., “I hereby state that I have a good faith belief that the Submitted Content was removed or disabled as a result of a mistake or a misidentification of the Submitted Content);

 

  • Your name, address, telephone number, email address, a statement you consent to the jurisdiction of the U.S. Federal Court in Richmond, Virginia, and a statement that you will accept service of process from the complaining party who provided notice of the alleged infringement.

 

  • Your physical or electronic signature.

 

If our Designated Agent receives a counter-notice from You, we will send a copy of the counter-notice to the original complaining party informing that party that We may repost the removed Submitted Content or cease disabling it unless the complaining party (copyright owner) files an action seeking a court order against You within 10 business days after receipt of the counter-notice.  We will repost if an action is not filed within 14 business days.

 

 

  • THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIAL AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE AND VIA THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR THE SERVICES ARE FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

 

  • Limitation of Liability. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $10.00.

 

  • Third Party Information. We take no responsibility and assume no liability for any Submitted Content or any content provided by any third party. You assume all risk and are solely responsible for all injuries or damages you suffer in connection with your use of the Website and the Services. We cannot and will not be responsible or liable in any way for content posted by third parties (which constitutes 100% of the content on YourNuz, including advertising). It is the responsibility and liability of each user and/or advertiser to assure their content does not violate any laws, community standards, privacy of any individual or group, or infringe on any other regulatory or legal concern. YourNuz is hereby NOT responsible for content of which we are unaware but that is posted on our website as “news” or “advertising” unless we are notified via one of our recommended channels for complaints and/or conflict resolution.

 

  • We take no responsibility for any charges or expenses you may incur from your mobile service provider (such as text messaging and data charges) for accessing the Website and the Services through a mobile device.

 

  • Remedies for Violations. We reserve the right to seek all remedies available at law and in equity for violation of these Terms of Use, including, without limitation, the right to terminate your access to the Website and the Services, your Profit Partner account, and to block access to the Website and the Services from a particular Internet address.

 

  • Modification of Terms of Use. We may modify, delete or otherwise alter these Terms of Use in our sole discretion at any time.  Such modifications shall be effective immediately upon being posted.  You are responsible for regularly reviewing these Terms of Use.  Continued access to the Website and/or use of the Services thereafter shall constitute your consent to any modifications hereto.

 

  • These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States, without giving effect to any principles of conflicts of law.  You consent to the sole and exclusive jurisdiction and venue of the United States district courts sitting in the Commonwealth of Virginia and any courts of the Commonwealth of Virginia in which any suit, action or proceeding is brought arising under these Terms of Use and/or your use of the Website, the Services or both.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by Us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Each party acknowledges and agrees that it has fully read and understands these Terms of Use and has had the opportunity to seek legal counsel of its choice.  These Terms of Use contain the entire agreement between the parties regarding the subject matter hereof. These Terms of Use supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by Us.  These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.  You may not transfer or assign these Terms of Use.

 

 

 

©2017 FlashPoint LLC.

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