BY CHECKING THE BOX THAT READS "I AGREE WITH THE TERMS OF SERVICE", YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Terms of Service Agreement ("Agreement") is a legally binding contract between No Mimes Media LLC, a California limited liability company (the "Company," "us," "we," and "our") and you, concerning your use of nomimes.com (the "Site"). Your use of the Site affirms your consent to the terms of this Agreement. You should therefore take the time to read and understand this entire document.
As used in this Agreement, "Content" means, by way of example, text, messages, communications, blogs, graphics, photos, sounds, music, videos, links, audio and video streams, downloads, software, scripts, interactive features and the like that are related to the Site, and all other information and materials you encounter, post (actively or passively) or generate through your use of the Site.
These Terms and Conditions apply to all users of the Site, including users who do not submit (or cause to be submitted) any information to the Site but rather simply view the Site.
Conditions for Use
To access our Site, you must be at least 13 years old (or such older minimum age as may be required by applicable law). By using the Site, you represent and warrant that you meet this age requirement.
We grant you permission to use our Site, provided that you agree to abide by the terms and conditions set forth in this Agreement.
You agree that:
- You will obey the basic obligations of criminal, regulatory and civil law;
- Obscenity is forbidden, and nothing you do and no content you provide will violate obscenity laws or relevant community standards;
- You will not do anything that harms the smooth operation of our site, or exploits our resources for your or third parties commercial gain;
- You will not publish falsehoods or misrepresentations that could damage us or any third party;
- You will not submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate;
- Except as expressly provided in the Site, you will not post advertisements or solicitations of business;
- You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and
- You will not encourage or otherwise depict drug use or violence as acceptable.
If you violate any of these rules we can and may without waiver, terminate your permission to use the Site. We also reserve any and all other rights, including but not limited to seeking legal action, damages and/or injunctive relief.
You acknowledge and agree that we own and retain proprietary rights in every aspect of the Site which contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In particular, we claim trademark, trade dress or similar rights in the names "No Mimes Media" and "No Mimes," as well as the look and feel of the Site, in whole or in part.
In addition, users of the site may post copyrighted information, which has copyright protection whether or not it is so identified. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
We acknowledge and agree that you shall continue to own the copyright, if any, in any material you may submit to the Site ("User Submissions"). You represent and warrant to us that you have not and will not up load any content that infringes the copyrights of any person. You further grant us a non-exclusive, irrevocable license to use in any way any and all of your User Submissions, in perpetuity, for the universe, in any medium now known or hereinafter devised.
Representations and Warranties
You represent and warrant to us that:
- You have the full right, power and authority to enter into this Agreement;
- You have the right to grant us the rights expressly set forth under Copyrights and all other rights hereby expressly or impliedly granted; and
- Your use of the Site will not violate the privacy and/or publication rights of any person
Copyright and Trademark Infringement
- If you believe that your copyrighted content has been infringed by one of our users, notify us as specified here, and we will we will expeditiously remove, or disable access to, the material. Be aware that the person who posted the material will have an opportunity to dispute your contention, which, if done properly, will require us to replace or restore access to the material; at that point, you must file a lawsuit against the person posting the material.
- To report a copyright or trademark infringement by a Site user, please send the following information to firstname.lastname@example.org.
- Your name, address, email address and phone number;
- A detailed description of the allegedly infringing material. Make sure to provide enough detail so we can identify the content in question;
- A statement, saying that you have a good faith belief that there is no legal basis for the use of the materials complained of; and
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.
Third Party Content
The Company reserves the right, but has no obligation, to monitor the materials posted on the Site. The Company shall have the right to remove or refrain from posting any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE for the content you supply, including links.
You understand that when using the Site, you will be exposed to content (including User Submissions) from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such communications.
We do not endorse or approve (or even control) any content, post or links provided by users, or any representation, opinion, recommendation, content, request or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
Modifications To This Agreement And The Service
We have the right, at our sole discretion, to append, modify, or replace this Agreement or the Service at any time. Any updated Terms and Conditions Agreement shall become effective thirty (30) days after posting, and will apply to all use of the site from the effective date onward. Changes in this Agreement will be posted on the Site and/or sent via e-mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, and we are unable to accommodate any modifications you request, you may and should terminate your use of the Site. Continued use of the Site now or following posted notices of changes in this Agreement (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.
Disclaimer of Warranties; Liability Limitations
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON OR AVAILBLE THROUGH THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF), AND THE SITE AND SERVICE THEMSELVES, ARE TO THE EXTENT ALLOWABLE BY LAW PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIM ITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICE IS AT YOUR SOLE RISK.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION, TO THE EXTENT ALLOWABLE BY LAW.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, of the Site. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you, of any of the terms of this Agreement.
Although we contractually require all content providers to obey the law and obey our stringent rules and regulations, we have no actual control over their conduct. You understand and agree that we do not and cannot review all of the content related to our site or supplied by users. Therefore, the only way we can police this site is to rely on users' reports of abuse. Please use this link to tell us about any improper, unfair or illegal conduct related to our Site or Service.
You may not assign any of your rights hereunder.
Jurisdiction and Law
This Agreement is governed by the law of the State of California, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Each of the parties does hereby agree that any action to enforce, or arising out of or related to, this Agreement, will be decided by the state and Federal courts located in Los Angeles county, California, and agrees to submit themselves to the jurisdiction of the courts of that forum.
The ownership and proprietary rights provisions set forth in this agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto. In the event a term, provision, section or subsection of this Agreement is held to be so unenforceable or invalid, that term, provision, section or subsection shall be limited or eliminated only insofar as necessary as to be enforceable or valid, when possible.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
We reserve the right to terminate your permission to access the Site at any time, including deletion of your User Submissions, with cause or without cause, in the event of any breach of this Agreement by you, or any other circumstances which, in our discretion, justify termination. Further, we reserve the right to change the features of the Site at any time, either generally or selectively.
This Agreement embodies the entire agreement and understanding of the parties regarding the use of the Site, and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.
In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
No failure on our part to exercise or enforce any right or provision of this Agreement shall constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You may provide notice to us at the following mailing address or email:
NO MIMES MEDIA LLC
213 40TH ST
MANHATTAN BEACH CA 90266
We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.