POLICY
This policy is valid from 27 March 2008
This blog is a sponsored blog created or supported by a company, organization or group of organizations. For questions about this blog, please contact info AT ninebyzero.com.
This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
The compensation received will never influence the content, topics or posts made in this blog. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements will be identified as paid advertisements.
The owner(s) of this blog is compensated to provide opinion on products, services, websites and various other topics. Even though the owner(s) of this blog receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers’ own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. This blog does not contain any content which might present a conflict of interest.
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NINE BY ZERO DOT COM TERMS AND CONDITIONS OF USE NBZ Magazine Website and PDF (“NBZ”) has prepared the following Terms and Conditions of Use (”Terms and Conditions”) for use of the ninebyzero.com website (“Site”).PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING THE SITE OR ANY OF THE SERVICES. 1. INTRODUCTION The Site allows users to gain exposure for their work, to recruit others for projects and to be inspired by viewing the work of artists, art directors, copywriters, photographers, illustrators, animators and other creative persons. The Site offers a wide range of services. To access some of the services you will have to become a Member by completing an online registration form. You agree that all information submit by you (”Membership Information”) will be valid, lawful and complete, and that you will update your Membership Information to keep this information true and complete. While the Site is committed to the same quality standards and approach of NBZ Magazine, the Site operates on its own, separately and independently of NBZ Magazine. 2. SITE USE All users of the Site are subject to basic rules of good conduct while using and accessing the services provided on the Site. By using and accessing the Site you agree to: (i) refrain from violating applicable federal, state and international laws; (ii) refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to other users of the Site or any other individual; (iii) refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site; (iv) refrain from using the services provided on the Site to harm minors; (v) refrain from interfering with others’ use of the Site; (vi) refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site; (vii) refrain from using the services to create a false identity or to impersonate another person; (viii) refrain from using the services to advertise Internet sites or services which are competitive to this Site. The foregoing rules set the minimum level of conduct that we expect at the Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive. 3. PRIVACY POLICY Please review our Privacy Policy, available at www.ninebyzero.com which governs the use of personal information on the Site and to which you agree and consent to be bound if you use the Site. 4. POSTED CONTENT As part of your use of the Site, you may upload, post, distribute or disseminate (collectively, “post”) samples of your work, images, videos, animation, files, data, information and other content and material (the “Posted Content”) on the Site. You hereby grant NBZ an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content (i) on the Site, (ii) inside NBZ Magazine and (ii) to promote and advertise the Site and NBZ Magazine. In connection with these activities, you agree that NBZ, has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. You also warrant that if you are not the owner of the Posted Content, the owner of the Posted Content has validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. NBZ allows Members to update Posted Content on their member pages at any time; provided that such Posted Content contains new material. You agree not to misuse the “update” button simply to appear on the Site home page. We may deactivate a Member’s page, delete the page from the Site without refunding the membership fee, or take any other actions we deem appropriate under these Terms and Conditions if a Member misuses the update function. NBZ does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content posted by other users will be at your own risk. NBZ does not confirm that each user is who he or she claims to be. While we exercise a considerable effort to protect Posted Content from being misused, misuse can occur, and, if misuse does occur, you agree to hold NBZ (and its affiliates, directors, officers, employees, representatives, agents and partners (collectively “Related Parties”)) harmless from any claim arising out of or in any way connected with such misuse. Because NBZ is not involved in user-to-user dealings and does not control the behavior of users on the Site, in the event that you have a dispute with one or more users, you agree to hold NBZ and its Related Parties harmless from and against any claim arising out of or in any way connected with such dispute. NBZ acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If NBZ becomes aware of any Posted Content that allegedly may not conform to these Terms and Conditions, NBZ may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms and Conditions. NBZ Magazine has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. NBZ expects that you will use caution and common sense when using the Site. NBZ HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION TO REMOVE OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL OR DELETION AND WAIVE ANY CLAIM AGAINST NBZ AND ITS RELATED PARTIES FOR SUCH REMOVAL OR DELETION.YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE FOR YOUR POSTED CONTENT AND THAT NBZ MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT OR REMOVE OR DELETE YOUR POSTED CONTENT. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU AGREE TO TAKE MEASURES TO PRESERVE COPIES OR OTHERWISE BACKUP YOUR POSTED CONTENT. 5. PASSWORDS AND SECURITY Upon becoming a Member of the NBZ Portfolio or a NBZ contest entrant, you will create a password. You are solely responsible for any use of or action taken under your user name and password on the Site. Your user name and password may be used only to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release NBZ and its Related Parties from any and all liability concerning such transactions or activity. You agree to notify NBZ immediately of any actual or suspected loss, theft or unauthorized use of your account or password. NBZ has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. NBZ will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities. 6. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY All material and content contained on the Site, including, but not limited to graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, the compilation of all content on the Site, are the property of NBZ, its Members or third parties and is protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to NBZ, its Members or third parties. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You agree to (i) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) make no modifications to the materials on the Site, and (iii) not download quantities of materials to a database that can be used to avoid future downloads from the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on the Site. You acknowledge that you do not acquire any ownership rights by downloading material from the Site. In the event you download information from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by NBZ or our third party licensors for your personal, noncommercial use only. We do not transfer title of the Software to you. We or our third party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Except for allowing individuals to use the Site for personal, noncommercial use explained above, users are not granted a license or any other rights from NBZ or its third party licensors. 7. TERMINATION NBZ reserves the right to reject your membership or suspend or terminate your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. These Terms of Use will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to NBZ. 8. NOTICE OF INFRINGEMENT If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:(a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the alleged infringing material is located on the Site; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. 9. MODIFICATION OF TERMS NBZ Magazine may modify these Terms and Conditions, NBZ contest rules or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms and Conditions or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms and Conditions periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms and Conditions in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms and Conditions are reasonable. You may not modify these Terms and Conditions, the NBZ contest rules or any of the policies or guidelines governing the Site without NBZ’s express prior written consent. 10. THIRD PARTY WEBSITES Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links. Third party sites are not within the supervision or control of NBZ. NBZ makes no representations or warranties whatsoever about any third party site that is linked to the Site. A link to a third-party site from the Site, does not constitute an endorsement of the products or services offered on such site. NBZ disclaims all responsibility and liability for content on third party websites. NBZ has not taken any steps to confirm the accuracy or reliability of, any of the information contained
in such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against NBZ and its Related Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 11. INDEMNITY You agree to indemnify, defend and hold harmless NBZ and its Related Parties from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Site or any material or content you submit, download, post or transmit through the Site; (ii) your breach of these Terms and Conditions, the NBZ contest rules or any of the policies or guidelines governing the Site or any representation, warranty or covenant made by you herein or therein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights, including but not limited to, copyright infringement, harm to a third party’s trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of these Terms and Conditions. 12. APPLICABLE LAW Any disputes arising out of or relating to these Terms and Conditions the NBZ contest rules or any of the policies or guidelines governing the Site or the use of the Site shall be resolved in accordance with the laws of the State of California, without regard to its conflict of law rules. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE APPLICABLE FEDERAL AND STATE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA IN ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, THE NBZ CONTEST RULES OR ANY OF THE POLICIES OR GUIDELINES GOVERNING THE SITE OR YOUR ACCESS TO OR USE OF THE SITE. NBZ makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. 13. ENTIRE AGREEMENT These Terms and Conditions, the NBZ contest rules and the policies and guidelines governing the Site, as modified from time to time, constitute the entire agreement between you and NBZ with respect to the subject matter hereof. These Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. 14. JOINT VENTURE Nothing in these Terms and Conditions shall constitute or create a joint venture, partnership, or any other similar arrangement between you and NBZ. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms and Conditions. 15. ASSIGNABILITY These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. NBZ may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations hereunder 16. NOTICES Any notice to NBZ that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to INFO@NINEBYZERO.COM. Any notice to a Member or contest entrant that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when sent by e-mail to the email address provided by such Member or contest entrant or when delivered in person or mailed by first class, registered or certified mail, postage prepaid to the address provided by such Member or contest entrant. 17. DISCLAIMER OF WARRANTIES THIS SITE AND THE MATERIAL PROVIDED THEREIN IS PROVIDED ON AN “AS IS” BASIS. NBZDOES NOT REPRESENT OR WARRANT THAT THE MATERIAL PROVIDED OR THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NBZ IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. NBZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ANY MATERIAL PROVIDED ON THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. TO THE FULLEST EXTENT ALLOWED BY LAW, NBZ DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT NBZ IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (i) USE OF THE SITE; (ii) DOWNLOADING INFORMATION CONTAINED ON THE SITE; OR (iii) E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT NBZ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 18. LIMITATION ON LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER NBZNOR ITS RELATED PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. THE AGGREGATE LIABILITY OF NBZ AND ITS RELATED PARTIES SHALL BE LIMITED TO THE GREATER OF US $300.00 OR THE UNUSED PORTION OF YOUR MEMBERSHIP FEE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. 19. MISCELLANEOUS No failure of NBZ to enforce any of its rights under these Terms and Conditions, any NBZ contest rules or any of the policies or guidelines governing the Site will act as a waiver of such rights. If any portion of any provision of these Terms and Conditions or such other rules policies or guidelines is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions and such other rules policies and guidelines shall remain in full force and effect. Headings used in these Terms and Conditions are for convenience only and have no legal or contractual significance.
