The http://www.nerdsandbeyond.com website (the “Site”) is comprised of various web pages operated by NerdsandBeyond.com (“Nerds and Beyond”). The site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herin (the “Terms”). This Terms of Service may be updated by us from time to time and without notice. You can review the most current version of the Terms of Service at any time at http://www.nerdsandbeyond.com/tos
Nerds and Beyond is a News and Information Site that provides a fun website dedicated to bringing news, information, videos and more on movies, theme parks, video games and more.
The Terms of Service constitute an agreement between you and Nerds and Beyond and govern your use of Nerds and Beyond, superseding any prior agreements between you and Nerds and Beyond. Additional terms and conditions may apply when you use affiliate services or third-party content, including but not limited to Twitter, Facebook, YouTube, iTunes, Google +, Instagram and more. The Terms of Service and the relationship between you and Nerds and Beyond shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree that should any dispute arise regarding these terms or Nerds and Beyond, it must follow the laws of the State of Florida and any dispute should be submitted to and/or take place in the State of Florida. The parties agree to share equally in the arbitration costs incurred. The failure of Nerds and Beyond to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision, and any waiver of a right or provision with regard to a specific instance shall not constitute a waiver of any other breaches of that right or provision, even with regard to the same user. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Nerds and Beyond or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Visiting the Site or sending emails to Nerds and Beyond constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nerds and Beyond is not responsible for third party access to your account that results from theft or misappropriation of your account. Nerds and Beyond and it’s associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.
Nerds and Beyond does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Any child under thirteen who submits content on, through or to the site in any way will be banned to the extent reasonably possible. Those under the age of thirteen are not permitted to read and download content posted and/or hosted on the Site, nor Like, comment on or post to any of the Nerds and Beyond social media pages, submit content on through or to Nerds and Beyond, in compliance with the United States Federal Trade Commission regulations regarding online privacy and protection issues for children under thirteen. Accordingly, if you submit Content, visit, Like, Comment on, etc. to Nerds and Beyond, you thereby affirm that you are over thirteen years of age.
As a member of the Site, you acknowledge, understand and agree that all information, text, data, photographs, music, video, tags, messages or any other content, whether it is publicly or privately posted is the expressed sole responsibility of the individual from whom the content originated. This means you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Nerds and Beyond as as such, we do not guarantee the accuracy, integrity or quality of such content. It is understood that by using our website, you may be exposed to content including but not limited to any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Nerds and Beyond.
You agree not to use NerdsandBeyond.com’s website for the purpose of:
a) uploading, posting, emailing, transmitting or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or invasive of another’s privacy or which is hateful, and/or racially, ethically or otherwise objectionable;
b) causing harm to anyone, including minors in any manner whatsoever;
c) impersonating any individual or entity, including by not limited to, any Nerds and Beyond staff, guides, hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail”, “spam”, or any other form of solicitation, except in any areas that may have been designated for such purpose;
g) uploading, posting, emailing, transmitting or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware or telecommunication equipment;
h) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines and/or regulations decreed by the U.S Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law;
i) “stalking” or with the intent to otherwise harass another individual; and/or collecting or storing any personal data to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
NerdsandBeyond.com herein reserves the right to pre-screen, refuse and/or delete any content currently available through our website. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would be otherwise considered offensive to other visitors, users and/or members.
NerdsandBeyond.com reserves the right to access, preserve and/or disclose member account information and/or content if it is required to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) protecting the rights, property or the personal safety of NerdsandBeyond.com, it’s visitors, users and members, including the general public.
NerdsandBeyond.com reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Nerds and Beyond or any other content providers supplying content services to NerdsandBeyond.com. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our website. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our website, despite whether done so in whole or in part, is expressly prohibited.
You agree to indemnify and hold Nerds and Beyond, its subsidiaries, affiliates or other partners, and its volunteers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Nerds and Beyond, your use of Nerds and Beyond, your connection to Nerds and Beyond, your use of any third party site linked to or by Nerds and Beyond or its users, your use of the Terms of Service, or your violation of any rights of another.
You agree that Nerds and Beyond shall not be liable to you or any third-party for any termination of or limitation on your access to Nerds and Beyond.
You agree not to repost or redistribute content found on Nerds and Beyond without full credit to and for Nerds and Beyond including a full and complete copyright statement.
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our website, you agree to comply with all applicable export and import laws, statutes and regulations including but not limited to the Export Administration Regulations as well as the sanctions control program of the United States. Furthermore, you state and agree that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report, nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any technical data through the use of our website to any export-prohibited county;
c) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. laws or any other applicable laws.
NerdsandBeyond.com does not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available. Therefore, you hereby grant and allow for NerdsandBeyond.com the below listed worldwide, royalty-free and non-exclusive licenses as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of NerdsandBeyond.com’s sites, the license provided to permit use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our service is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of NerdsandBeyond.com’s sites, and shall terminated at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas on NerdsandBeyond.com’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our service is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of NerdsandBeyond.com’s sites, and shall terminated at such time when you elect to discontinue your membership.
Those areas which may be deemed “publicly accessible” areas of NerdsandBeyond.com’s sites are those areas of our site which are meant to be available to the general public, which would include comments, message boards and groups that are openly available to both visitors and members.
NERDS AND BEYOND AND ALL DOWNLOADABLE OR STREAMED CONTENT ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF NERDS AND BEYOND IS AT YOUR SOLE RISK.
NerdsandBeyond.com provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your Contributions do not contain any type of confidentiality or proprietary information
b) Nerds and Beyond and it’s staff shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, relating to any Contributions;
c) Nerds and Beyond and it’s staff shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Nerds and Beyond; and
e) Nerds and Beyond and it’s staff are under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members agree to insure to and hold NerdsandBeyond.com and it’s staff, our subsidiaries, affiliates, agents, employees, volunteers, and/or partners blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Website, the use of NerdsandBeyond.com or your connection to these services, your violations of the Terms of Service and/or your violation of any such rights of another person.
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of or access to Nerd and Beyond’s sites.
USE AND STORAGE
You acknowledge that NerdsandBeyond.com may set up any such practices and/or limits regarding the use of our site, without limitation of the maximum number of days that any email, message posting, comment or any other uploaded content shall be retained by NerdsandBeyond.com, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Site. In addition, you also agree that NerdsandBeyond.com has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or communications or content maintained or transmitted by our services. You also agree that we reserve the right to delete or remove any account that is no longer active for an extended period of time. NerdsandBeyond.com shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
NerdsandBeyond.com shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily and permanently, our service, or any part thereof with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Website/Services or any part thereof.
As a member of http://www.nerdsandbeyond.com, you may cancel or terminate your account, associated email address and/or access to our website/services by deleting your account through your profile, or sending a cancellation or termination request to: firstname.lastname@example.org
As a member, you agree that NerdsandBeyond.com may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services/Website or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities;
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services/Site.
ADVERTISERS AND LINKS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our services/site which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. You agree that NerdsandBeyond.com and it’s staff shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either NerdsandBeyond.com or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any materials on or available from such third party sites or resources.
Remember, you are solely responsible for any content you post, share, transmit, email, etc. Nerdsandbeyond.com shall be provided on an “as is” and/or “as available” basis.
No advice and/or information, despite whether written or oral, that may be obtained by you from nerdsandbeyond.com or by way of or from our services or software shall create any warranty not expressly stated in the TOS.
NerdsandBeyond.com will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at it’s sole discretion, NerdsandBeyond.com may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, you should provide to us the following information:
a) The electronic or physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
Send that to: email@example.com
Please report all violations of this TOS to: firstname.lastname@example.org