|
|
|
|
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
This Site is made available to you, subject to the following Terms
of Service ("TOS"), which may be updated or modified from time to
time without notice to you. NebraskaUnexpected.com reserves the
right to change the TOS at any time in its discretion and to
notify users of any such changes solely by changing the TOS. Your
continued use of any portion of the Site after the posting of any
amended TOS shall constitute your agreement to be bound by any
such changes. In addition, when using particular features of the
Site, you shall be subject to any posted guidelines or rules
applicable to such features which may be posted and modified from
time to time. All such guidelines or rules are hereby incorporated
by this reference into the TOS. Any new features later added to
the Site that augment or enhance the current Site shall be subject
to the TOS. References in the TOS to NebraskaUnexpected.com
include subsidiary and affiliate companies. The
"Site" refers to the NebraskaUnexpected.com website, and all such
pages, information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials and
content on the Site.
You understand and agree that the Site is provided "AS-IS" and
that NebraskaUnexpected.com assumes no responsibility for the
timeliness, deletion, misdelivery or failure to store any user
communications or personalization settings.
In order to use the Site, you must obtain access to the World Wide
Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem
or other access device, and you assume the entire cost of all
necessary maintenance or repair relating to such equipment.
2. COPYRIGHT AND COPYRIGHT COMPLAINTS
All information, content, services and software displayed on,
transmitted through, or used in connection with the Site,
including but not limited to news articles, reviews, directories,
guides, text, photographs, images, illustrations, audio clips,
video, html, source and object code, trademarks, logos, and the
like, as well as its selection, layout and arrangement
(collectively, the "Content"), is owned by the NebraskaUnexpected.com,
and its affiliated companies, licensors and
suppliers. NebraskaUnexpected.com, its affiliated companies, licensors and
suppliers, exclusively own all right, title and interest
(including but not limited to all copyright interest) to such
Content, with All Rights Reserved. You may use the Content solely
for your occasional personal, non-commercial use, provided you do
not remove any trademark, copyright or other notice from such
Content. No other use is permitted without prior written
permission of NebraskaUnexpected.com. The permitted use described
in this Paragraph is contingent on your compliance at all times
with the TOS. You must abide by all additional copyright notices,
information, or restrictions contained in any Content accessed
through the Site.
The Site has been specially designed for presentation of Content
in a unique format and appearance to our users. 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. Without limiting the provisions of the above paragraph,
neither you nor any third party shall make use of the Content in
any manner that constitutes an infringement of our rights,
including copyright. You may not, for example, republish any
portion of the Content on any Internet, Intranet or extranet site
or incorporate the Content in, or use the Content to construct,
any database, compilation or archive. You may not modify, sell,
publish, transmit, display or otherwise use in any public or
commercial manner any portion of the Content. You may not frame or
utilize framing techniques that involve any Content or portion of
the Site or suggest any relationship between our Site and you
without our express written consent. You may not scrape our
Content or Site. You agree not to: decompile, reverse engineer or
disassemble any software or other products or processes accessible
through the Site, or insert any code or product or manipulate the
Content or Site in any way that affects the user's experience, or
use any data mining, data gathering, or data mining extraction
method with respect to the Content or Site, or use any cancelbots
or Trojan horse in connection with your use of the Site.
Requests to use Content for any purpose other than as permitted in
the TOS must be directed to NebraskaUnexpected.com Link at Us@NebraskaUnexpected.Com.
If you do not seek and obtain such authorization, you should
assume no third party has the right to allow you to use the
Content.
We have registered an agent with the United States Copyright
Office to receive notice of a claimed copyright infringement in
accordance with the terms of the Digital Millennium Copyright Act
(the "Act"). NebraskaUnexpected.com avails itself of all of the
protections under the Act. If you believe in good faith that your
work has been copied in a way that constitutes copyright
infringement, please provide written notice of all necessary
information relating to the alleged infringement to our designated
Copyright Agent, 1334 Dodge Street, Omaha, NE 68102, fax no. (402)
345-9115, copyrightagent@owh.com. This contact information is only
for good faith suspected copyright infringement. Contact
information for other matters is provided elsewhere on this Site.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Site's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. The decision to provide this information is
purely optional. However, if you elect not to provide such
information, you may not be able to access certain Content or
participate in various areas of the Site. Using a name other than
your own name is prohibited. If you provide any information that
is untrue, inaccurate, not current or incomplete, or
NebraskaUnexpected.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
NebraskaUnexpected.com has the right to suspend or terminate your
account and refuse any and all current or future use of the Site
(or any portion thereof). Please remember that the Site is
designed to appeal to a broad audience. Accordingly, if you are
the legal guardian for any minor children, it is your
responsibility to determine whether the Site and/or Content is
appropriate for your child.
4. NebraskaUnexpected.com PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, please see
our full privacy policy. In the case of a conflict between the TOS
and the terms of any electronic or machine readable statement or
policy (for example, a P3P electronic privacy policy), the TOS
shall control. Similarly, in case of conflict between the TOS and
our Privacy Policy, the TOS control. NebraskaUnexpected.com
reserves the right to send electronic mail to you for the purpose
of informing you of changes or addition to the Site.
NebraskaUnexpected.com may contact you via e-mail regarding your
participation in user surveys, asking for feedback on the Site and
existing products and services. This information will be used to
improve our Site and better understand our users, and any
information obtained in such surveys will not be shared with third
parties, except in aggregate form.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Site's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your
password or account. You agree to immediately notify
NebraskaUnexpected.com of any unauthorized use of your password or
account or any other breach of security, and you agree not to
sell, transfer or assign your account, password or any associated
rights. You are responsible for maintaining the confidentiality of
your password and for restricting access to your computer so that
others may not access the Site using your name in whole or in
part. NebraskaUnexpected.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section.
6. USER SUBMISSION
Should you send any materials, ideas, or content of any nature,
including but not limited to photographs and documents
(collectively, "User Submission") to NebraskaUnexpected.com, you
do so with the understanding no additional consideration of any
sort will be provided to you, and you are hereby waiving any claim
against NebraskaUnexpected.com and its affiliates regarding the
Use (as defined below) of any User Submission.
For any User Submission, you hereby grant NebraskaUnexpected.com,
its affiliates and related entities, a royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, copy, modify,
display, archive, store, distribute, reproduce and create
derivative works from such User Submission (or any part thereof),
in any form, media, software or technology of any kind now
existing or developed in the future (collectively, "Use"). Without
limiting the generality of the previous sentence, you hereby
authorize NebraskaUnexpected.com to share any User Submission in
whole or in part with all affiliated companies and web sites, to
include any User Submission in whole or in part in a searchable
format accessible by users of NebraskaUnexpected.com and other
companies and web sites, and to use in our discretion your name
and any other information in connection with any Use of any User
Submission you provide. You also hereby grant
NebraskaUnexpected.com and its affiliates the right to Use any
material, information, ideas, concepts, know-how or techniques
contained in any User Submission you send to us for any purpose
whatsoever, including but not limited to developing, manufacturing
and marketing products or services. All rights in this paragraph
are granted without the need for additional compensation of any
sort to you.
By providing any User Submission or communicating with
NebraskaUnexpected.com, including, for example, communication on
any bulletin board, forum, message or chat area, posting any
content, placing any advertisement, entering any sweepstakes,
etc., you represent and warrant: (1) you own or otherwise have all
necessary rights to any User Submission you provide and the rights
to Use it and provide it to us as provided in the TOS; (2) all
information you provide is true, accurate, current and complete,
and does not violate the TOS; and, (3) any Use of any User
Submission provided by you will not cause injury to or violate the
rights of any person or entity.
7. FEES AND PAYMENTS
NebraskaUnexpected.com reserves the right at any time to charge
fees for access to any portion of the Site or the Site as a whole.
Such fees, if any, will be posted in appropriate locations on the
Site.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
9. INDEMNITY
You agree to indemnify and hold NebraskaUnexpected.com, its
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including but not
limited to reasonable attorneys' fees, made by any third party due
to or arising out of your access or use of the Site (including but
not limited to any Content obtained through the Site), your
connection to the Site, your violation of the TOS, your violation
of applicable law, or any rights of another, or any User
Submission provided by you to NebraskaUnexpected.com (including
but not limited to any subsequent Use by NebraskaUnexpected.com).
You shall cooperate as fully as reasonably required in the defense
of any such claim.
10. NO RESALE OF SITE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Site, use
of the Site, or access to the Site.
11. MODIFICATIONS TO SITE
NebraskaUnexpected.com reserves the right at any time and from
time to time to modify, restrict, suspend or discontinue,
temporarily or permanently, the Site (or any part thereof) with or
without notice or liability. You hereby agree that
NebraskaUnexpected.com shall not be liable to you or to any third
party for any modification, restriction, suspension or
discontinuance of the Site (nor any part thereof). In addition,
NebraskaUnexpected.com may at any time transfer rights or
obligations hereunder to any affiliate or business unit, or any of
their affiliated companies or divisions, or any entity that
acquires NebraskaUnexpected.com or any of its assets.
12. TERMINATION
You agree that NebraskaUnexpected.com, in its sole discretion, may
terminate your password, account (or any part thereof) or use of
the Site, and remove and discard any Content within the Site, for
any reason, including, without limitation, for lack of use or if
NebraskaUnexpected.com believes in its sole discretion that you
have violated or acted inconsistently with the letter or spirit of
the TOS. You hereby agree that any termination of your access to
the Site under any provision of the TOS may be effected without
prior notice, and hereby acknowledge and agree that
NebraskaUnexpected.com may immediately deactivate or delete your
account and all related information and/or bar any further access
to the Site. Further, you hereby agree that NebraskaUnexpected.com
shall not be liable to you or any third-party for any termination
of your access to the Site.
13. DEALINGS WITH ADVERTISERS AND PURCHASE TRANSACTIONS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You
hereby agree that NebraskaUnexpected.com shall not be 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
such advertisers on the Site.
During your visit to our Site you may elect to engage in a
transaction involving the purchase of a product such as a
newspaper subscription, a print or online advertisement or other
tangible goods and services. To serve you most efficiently, credit
card transactions and order fulfillment are often handled by a
third party processing agent, bank or distribution institution.
While in most cases transactions are completed without difficulty,
there is no such thing as "perfect security" on the Internet or
offline. If you're concerned about online credit card safety, in
most cases a telephone number will be made available so you can
call us and place your order by phone. NebraskaUnexpected.com is
not responsible or liable for the success or security of
transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time
or the price as it appears in an advertisement. In such event, or
in the event a product is listed at an incorrect price or with
incorrect information due to typographical error, technology
effort, error in the date or length of publication, or error in
pricing or product information received from our advertisers or
suppliers, you hereby agree NebraskaUnexpected.com is not
responsible or liable for such errors or discrepancies.
14. LINKS
The Site may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because NebraskaUnexpected.com
has no control over such sites and resources, you hereby
acknowledge and agree that NebraskaUnexpected.com is not
responsible or liable for the availability of such external sites
or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further
acknowledge and agree that NebraskaUnexpected.com 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 use
of or reliance on any such content, goods or services available on
or through any such site or resource.
15. NebraskaUnexpected.com'S PROPRIETARY RIGHTS
You hereby acknowledge and agree that the Site and any necessary
software used in connection with the Site ("Software") contain
proprietary and confidential information that is protected by
applicable copyright, intellectual property and other laws. You
further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Site or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by NebraskaUnexpected.com or (if applicable) its
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Site or the
Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NebraskaUnexpected.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE OF TRADE OR COURSE
OF DEALING.
b. NebraskaUnexpected.com MAKES NO WARRANTY THAT (i) THE SITE
WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO, OR USE OF, THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OR CONTENT OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL REVIEWED,
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS OR BE SUITABLE FOR YOUR NEEDS, AND (V) ANY ERRORS
IN THE CONTENT, SITE OR SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY
HOLD NebraskaUnexpected.com HARMLESS), BY WHATEVER MEANS YOU
DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND
ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
d. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND
RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS.
NebraskaUnexpected.com DOES NOT REPRESENT OR ENDORSE THE
ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR
DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH
OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NebraskaUnexpected.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF NebraskaUnexpected.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DIRECTLY OR
INDIRECTLY ARISING FROM OR RELATING TO: (i) THE USE OR THE
INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS,
DATA, INFORMATION OR SERVICES REVIEWED, PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
REGARDLESS OF WHETHER ANY REMEDY OR WARRANTY (IF ANY) PROVIDED BY
THE TOS OR BY OPERATION OF LAW FAILS OF ITS ESSENTIAL PURPOSE, THE
CUMULATIVE MAXIMUM RECOVERY AGAINST NebraskaUnexpected.com, ITS
PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, FOR ANY CLAIM OF ANY
NATURE DIRECTLY OR INDIRECTLY RELATING TO THE TOS, THE SITE OR ANY
CONTENT, INCLUDING BUT NOT LIMITED TO ANY USE OF, OR INABILITY TO
USE THE SITE, OR CONTENT, SHALL NOT EXCEED THE FEE (IF ANY)
ACTUALLY PAID BY THE CLAIMANT TO NebraskaUnexpected.com FOR THE
SPECIFIC ONE-TIME USE OF THAT PORTION OF THE SITE OR MATERIAL AT
ISSUE. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE
PROVISIONS CONTAINED IN THIS PARAGRAPH SHALL SURVIVE ANY
TERMINATION OF THE TOS.
18. SPECIAL ADMONITION FOR CONTENT RELATING TO FINANCIAL
MATTERS
If you intend to review or use the Site for information concerning
companies, stock quotes, investments or securities, the phrase
"Let the investor beware" is apt. The Site is provided for
informational purposes only, and no Content included in the Site
is intended for trading or investing purposes.
NebraskaUnexpected.com shall not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted via the Site, and shall not be responsible or liable
for any trading or investment decisions made based on such
information.
19. TRADEMARK INFORMATION
NebraskaUnexpected.com, the
NebraskaUnexpected.com logos, and other
NebraskaUnexpected.com logos and product and service
names (collectively, the "Marks") are tradenames, trademarks
and/or intellectual property of NebraskaUnexpected.com and/or its
subsidiaries. Without prior permission of NebraskaUnexpected.com, you
agree not to display or use in any manner, the Marks.
20. GENERAL INFORMATION
a. The TOS constitute the entire agreement between you and
NebraskaUnexpected.com and govern your use of the Site,
superceding any prior agreements, terms or understandings
between you and NebraskaUnexpected.com, whether written or oral.
You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software.
b. The TOS and the relationship between you and
NebraskaUnexpected.com shall be governed by the laws of the
State of Nebraska without regard to its conflict of law
provisions. With respect to any claim or suit directly or
indirectly relating to your use of the Site or any of the TOS,
you hereby agree to accept service of process and submit to the
personal and exclusive jurisdiction and venue of the courts
located within Douglas County, Nebraska, and you hereby waive
any objections thereto.
c. The failure of NebraskaUnexpected.com to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision.
d. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
e. You hereby agree that regardless of any statute or law to the
contrary, any claim or cause of action directly or indirectly
arising out of or related to use of the Site, Content or the TOS
must be filed in a federal or state court within Douglas County,
Nebraska within three (3) months after the earliest date on
which any event, act or omission giving rise to such claim or
cause of action first began or such claim shall be forever
barred and you hereby agree such claim is forever waived. You
and NebraskaUnexpected.com hereby irrevocably waive any and all
right to trial by jury directly or indirectly arising out of or
relating to matters covered by the TOS or your actual or
attempted use or access of the Site (including but not limited
to any matters relating to Content on the Site).
f. NebraskaUnexpected.com shall be excused from any performance
or obligation to the extent of any delay or interference by
factors beyond its reasonable control, including but not limited
to acts of God, civil or military authority, interruption of
electric or telecommunication services, civil disturbances, acts
of war or terrorists, strikes, fires, floods or other
catastrophes.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to
Us@NebraskaUnExpected.Com.
|
|