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NADRA Terms of Use | |||
1. Your Acceptance
1.1 By using and/or visiting this website (collectively, including all content and functionality available through the nadra.org domain name, the "NADRA Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"); (2) NADRA's privacy notice, found at http://www.nadra.org/privacy_policy.html and incorporated here by reference; (3) and all applicable local, national, and international laws and regulations. Further, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. NADRA reserves the right to discontinue any aspect of the NADRA Website at any time. If you do not agree to any of these terms, and/or the NADRA privacy notice, please do not use the NADRA Website. 1.2 Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.nadra.org/terms_of_use.html). NADRA may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. NADRA Website 2.2 The Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NADRA reserves all rights not expressly granted in and to the Website and the Content. 2.3 You understand that when using the NADRA Website, you will be exposed to Content from a variety of sources, and that NADRA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NADRA with respect thereto, and agree to indemnify and hold NADRA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 2.4 You may access the NADRA Website and its Content only as permitted under this Agreement. You agree not to circumvent, disable or otherwise interfere with security-related features of the NADRA Website or features that prevent or restrict use or copying of any part of the NADRA Website or enforce limitations on use of the NADRA Website or any Content therein. 2.5 The NADRA Website may contain links to third party websites that are not owned or controlled by NADRA. NADRA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NADRA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve NADRA from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the NADRA Website and to read the terms and conditions and privacy policy of each other website that you visit. 2.6 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the NADRA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NADRA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NADRA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to the Members Only section. 2.7 You agree not to distribute (in any medium) any part of the Website without NADRA's prior written authorization. You agree not to alter or modify any part of the Website, except as specifically permitted in any upload area, forums, bulletin boards and/or wiki boards. 2.8 You agree not to use the Website for any commercial use, without the prior written authorization of NADRA. Prohibited commercial uses include any of the following actions taken without NADRA's express approval: sale of access to the Website or its related services on another website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; sale of advertising, on the NADRA website or any third-party website, targeted to the content of the NADRA Website and/or its Members Only section; and use of the Website or its related services that NADRA finds, in its sole discretion, to use NADRA's resources with the effect of competing with or displacing the market for NADRA, NADRA Content, or its Members Only section.
3. Password Protected Areas 3.2 In order to access some features of the Website, such as forums, photo submission areas, bulletin boards, and the like, a user account must be created (hereinafter "Account"). When creating an Account, you must provide accurate and complete information. 3.3 NADRA Members and Account holders must keep their login and password information secure. Members and Account holders are solely responsible for the activity that occurs in the any password protected area of the Website through the use of their login and password. Members and Account holders must notify NADRA immediately of any breach of security or unauthorized use of their login and password. Although NADRA will not be liable for losses caused by any unauthorized use of a Member or Account holder login and password, a Member or Account holder may be liable for the losses to NADRA or others due to such unauthorized use.
4. Submission and Use of Content 4.2 You shall be solely responsible for your own conduct and the consequences of posting or publishing Content. In connection with Content that you submit, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize NADRA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any submitted Content to enable inclusion and use of such Content in the manner contemplated by the Website and these Terms of Use. 4.3 For clarity, you retain all of your ownership rights in and to your submitted Content. However, by submitting Content to NADRA, you hereby grant NADRA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the NADRA Website and NADRA's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the NADRA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the NADRA Website a non-exclusive license to access your submitted Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you regarding your submitted Content are perpetual and irrevocable. 4.4 In connection with submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NADRA all of the license rights granted herein. NADRA does not permit copyright infringing activities and/or infringement of other intellectual property rights on its Website, and NADRA will remove any Content if properly notified that such Content infringes on another's intellectual property rights. You further agree that you will not, submit pornography, obscene or defamatory material, material of excessive length, and/or material that is contrary to applicable local, national, and international laws and regulations. 4.5 NADRA does not endorse any submitted Content or any opinion, recommendation, or advice expressed therein, and NADRA expressly disclaims any and all liability in connection with submitted Content. NADRA reserves the right to decide whether submitted Content is appropriate and complies with these Terms of Use. NADRA may remove any Content and/or terminate a Member's and/or User's access for uploading inappropriate material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
5. Digital Millennium Copyright Act 5.2 NADRA's designated Copyright Agent to receive notifications of claimed infringement is: Michael Beaudry, Executive Vice President, NADRA, P.O. Box 829, Quakertown, PA, 18951; email: copyright@nadra.org, fax: 888.623.7248. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NADRA customer service through info@nadra.org. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid. 5.3 If you believe that Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Burns County, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 5.4 If a counter-notice is received by the Copyright Agent, NADRA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NADRA's sole discretion.
6. Warranty Disclaimer
7. Limitation of Liability 7.2 YOU SPECIFICALLY ACKNOWLEDGE THAT NADRA SHALL NOT BE LIABLE FOR THE MEMBERS ONLY SECTION, ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 7.3 The Website is controlled and offered by NADRA from its facilities in the United States of America. NADRA makes no representations that the NADRA Website is appropriate or available for use in other locations. Those who access or use the NADRA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
9. General |