TERMS OF SERVICE
1. Introduction.
(A) Governing Terms: TheNerdEmporium.com, including the features and services available from the site such as podcasts, embeddable video and all other features is part of an interactive on-line service operated by TheNerdEmporium.com. These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on this website in relation to a specific service or feature apply to your use of TheNerdEmporium.com. By using TheNerdEmporium.com, you agree to abide by all of the terms and conditions set forth. If you do not or cannot agree to these Terms of Service, do not access or use TheNerdEmporium.com.
(B) Changes/Updates to Terms of Service: TheNerdEmporium.com make modifications, make additions and/or make deletions/removals to any and all sections of Terms of Service at any time. Such modifications, additions and/or deletions will become effective immediately. Use of TheNerdEmporium.com after Changes/Updates to the Terms of Service shall be deemed acceptance by you of these modifications, additions and/or deletions. If you do not or cannot agree to these modifications, additions and/or deletions to the Terms of Service, do not access or use TheNerdEmporium.com.
(C) Changes/Updates to the Website: TheNerdEmporium.com may change or discontinue any section, aspect, service or feature of TheNerdEmporium.com at any time. This is not limited to website content, but also includes any hardware of software needed for access and use.
(D) Registration: You will be given the opportunity to register via an online registration form to create a user account that may allow you to receive information from TheNerdEmporium.com and/or to participate in certain features on the website such as certain Community Areas. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you may be required to choose a user name and password. You acknowledge and agree that TheNerdEmporium.com may rely on this user name and password to identify you. You are responsible for all use of your user account, regardless of whether you authorized such access or use, and for ensuring that every aspect of your user account complies fully with the rules set forth in these Terms of Service.
(E) Hardware/Software: You are responsible for obtaining and maintaining all connectivity, computer software, hardware and anything else needed for access to and use of TheNerdEmporium.com.
2. Community Guidelines & User Content.
(A) Community Areas: TheNerdEmporium.com allows for User Content such as comments, discussion forums, bulletin boards, or other interactive features in which you may post or upload comments and/or user-generated content such as video, audio, podcasts, photos, messages, other materials or items. You are solely responsible for your use of any these community areas and you use them at your own risk. By submitting any User Content to a Community Area, you represent that if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate in TheNerdEmporium.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and TheNerdEmporium.com.
(B) Community Guidelines.
If you submit any User Content or participate in an Community Area within or in connection with TheNerdEmporium.com, you agree to abide by the following rules of conduct: TheNerdEmporium.com reserves the right in its sole discretion to remove or edit User Content by you and to terminate your user account for any reason. TheNerdEmporium.com is not responsible for User Content submitted to TheNerdEmporium.com or posted in any and all Community Areas by users of TheNerdEmporium.com. By using TheNerdEmporium.com and participating in its Community Areas, you agree to abide by all of the terms and rules set forth. If you do not or cannot agree to these rules, do not access or use TheNerdEmporium.com or participate in its Community Area.
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates any all forms of pornography, pedophilia or any other material that contains lewd sexual acts.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would be a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on how to conduct illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without TheNerdEmporium.com's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Community Area;
• You agree not to impersonate any person or entity, including, but not limited to, any TheNerdEmporium.com employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about TheNerdEmporium.com users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful, malicious or disruptive component;
• You agree not to interfere with or disrupt TheNerdEmporium.com or the servers or networks connected to the website, or disobey any requirements, procedures, policies, rules or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of TheNerdEmporium.com, use of TheNerdEmporium.com, or access to TheNerdEmporium.com;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by TheNerdEmporium.com, in its sole discretion, to have violated the intellectual property or other rights of others shall be banned from TheNerdEmporium.com;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by TheNerdEmporium.com;
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by TheNerdEmporium.com.
• You agree to refrain from any conduct that in TheNerdEmporium.com’s sole discretion restricts or inhibits anyone else from using or enjoying TheNerdEmporium.com will not be permitted.
TheNerdEmporium.com reserves the right in its sole discretion to remove or edit User Content by you and to terminate your user account for any reason. TheNerdEmporium.com is not responsible for User Content submitted to TheNerdEmporium.com or posted in any and all Community Areas by users of TheNerdEmporium.com.
• You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any or all parts of this website or the content contained herein without our prior expressed written permission from TheNerdEmporium.com. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of TheNerdEmporium.com.
• You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the TheNerdEmporium.com.
• You agree to be solely responsible for your actions and the content of your transmissions through the website.
• You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
• You agree that TheNerdEmporium.com may terminate your password, account, or use of the website in TheNerdEmporium.com's sole discretion for any reason.
• You agree that all access and use of TheNerdEmporium.com and its contents is at your own risk. By using the TheNerdEmporium.com, you acknowledge that we specifically disclaim any liability for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment.
(C) Monitoring: TheNerdEmporium.com shall have the right, but not the obligation, to monitor User Content posted or uploaded to TheNerdEmporium.com to determine compliance with these Terms of Service and any operating rules established by TheNerdEmporium.com and to satisfy any law, regulation or authorized government request. Although TheNerdEmporium.com has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to TheNerdEmporium.com, TheNerdEmporium.com reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to TheNerdEmporium.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) Ownership of User Content: By submitting User Content to TheNerdEmporium.com, you automatically grant TheNerdEmporium.com the royalty-free, perpetual, irrevocable, non-exclusive right and to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant TheNerdEmporium.com the right to pursue at law any person or entity that violates your or TheNerdEmporium.com’s rights in the User Content by a breach of these Terms of Service.
User Content includes all user, member, employee and other material submitted to the TheNerdEmporium.com. Examples include but are not limited to written materials, video materials and audio materials such as reviews, videos, podcasts, performances, photos, articles, editorials, etc.
By submitting User Content, you agree to release and hold harmless TheNerdEmporium.com and any and all of its affiliated companies, licensees and assigns, and their respective officers, directors, employees, agents and representatives from any claim or liability arising from or related to submission or use of Submissions.
All User Content will become the property of the TheNerdEmporium.com. TheNerdEmporium.com shall become the sole and rightful owner of any and all User Content submitted. Without limitation of the foregoing, TheNerdEmporium.com shall exclusively own all now-known or hereafter existing rights to that User Content of every kind and nature and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
TheNerdEmporium.com reserves the right to delete any User Content at its discretion and without notice. TheNerdEmporium.com, at any time, is not responsible User Content that becomes damaged or corrupted. Please keep a copy of all submitted User Content.
All User Content must meet the quality standards and abide by the rules of the Community Area of TheNerdEmporium.com.
TheNerdEmporium.com reserves the right to change, modify, edit and/or alter any User Content
Furthermore, TheNerdEmporium.com is not required to use, and reserves the right to refuse to publish any User Content it receives, for any reason.
All User Content is subject to these rules and all users, members, employees, and others sending Submissions agree to be bound by these rules. TheNerdEmporium.com reserves the right to change these rules at any time and without prior notice.
You hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by TheNerdEmporium.com or its successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all rights of an author in any of the User Content; and (d) you forever release TheNerdEmporium.com, and its, successors and assigns, from any claims that you could otherwise assert against TheNerdEmporium.com regarding your User Content. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
(E) TheNerdEmporium.com reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. TheNerdEmporium.com is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to TheNerdEmporium.com. TheNerdEmporium.com shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
3. Copyright Ownership.
TheNerdEmporium.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and audio, and the entire contents of TheNerdEmporium.com are copyrighted as a collective work under the United States copyright laws. TheNerdEmporium.com owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TheNerdEmporium.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of TheNerdEmporium.com, are those of the respective author(s) or distributor(s) and not of TheNerdEmporium.com. Neither TheNerdEmporium.com nor any third-party provider of information 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 TheNerdEmporium.com represents the opinions and judgments of the respective user or information provider not under contract with TheNerdEmporium.com. TheNerdEmporium.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on TheNerdEmporium.com by any third party. Under no circumstances will TheNerdEmporium.com be liable for any loss or damage caused by your use or reliance on information obtained through TheNerdEmporium.com. TheNerdEmporium.com is not responsible for any actions or inaction on your part based on the information that is presented on TheNerdEmporium.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through TheNerdEmporium.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions.
TheNerdEmporium.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TheNerdEmporium.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TheNerdEmporium.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) I EXPRESSLY AGREE THAT USE OF TheNerdEmporium.com IS AT MY SOLE RISK. NEITHER TheNerdEmporium.com, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TheNerdEmporium.com SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY GUARANTEE ON THE RESULTS THAT MAY COME FROM USE OF TheNerdEmporium.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH TheNerdEmporium.com.
(B) I UNDERSTAND THAT TheNerdEmporium.com, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) I UNDERSTAND THAT NEITHER TheNerdEmporium.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES. I AGREE THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH ME.
(D) I UNDERSTAND THAT IN NO EVENT WILL TheNerdEmporium.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TheNerdEmporium.com CONTENT OR THE TheNerdEmporium.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TheNerdEmporium.com.
(E) I UNDERSTAND THAT IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TheNerdEmporium.com NOR ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TheNerdEmporium.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION OF ANY AND ALL CONTENT, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER TheNerdEmporium.com, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) I UNDERSTAND THAT TheNerdEmporium.com DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF MY PERSONAL IDENTIFIABLE INFORMATION. BY ACCESSING TheNerdEmporium.com I AGREE TO THIS DISCLAIMER AND WAIVE TheNerdEmporium.com OF ANY LIABILITY. IF I DO NOT OR CANNOT AGREE TO THESE TERMS OF SERVICE, I WILL NOT ACCESS OR USE TheNerdEmporium.com.
7. Indemnification.
You agree to defend, indemnify and hold harmless TheNerdEmporium.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of TheNerdEmporium.com by you or by your user account.
8. Termination.
TheNerdEmporium.com may terminate or suspend these Terms of Service at any time without prior notice. Without limiting the foregoing, TheNerdEmporium.com shall have the right to immediately terminate your account in the event of any conduct by you which TheNerdEmporium.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service.
9. Trademarks.
TheNerdEmporium.com owns all rights to its logos and trademarks used in connection with the website. All other logos and trademarks appearing on TheNerdEmporium.com are the property of their respective owners.
10. Copyrights and Copyright Agent.
TheNerdEmporium.com respects the rights of all copyright holders and in this regard, TheNerdEmporium.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders.