Welcome to NuTangTM. We provide services (the "Service") that allows members (the "Member") to maintain an online journal and other writings, post related messages, chat, play featured games, and post personal profiles. All services on NuTang are subject to the following NuTang Terms of Service ("NuTOS"), which may be updated from time to time without notice to you. NuTang may change, suspend or discontinue any or all aspects of the Service, at any time without prior notice to its Members. NuTang may also impose limits on certain features or services contained in the Service without prior notice.
MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY
PERMANENTLY BE BANNED FROM USING THE SERVICE.
MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY
PERMANENTLY BE BANNED FROM USING THE SERVICE.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service'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. If you provide any information that is untrue, inaccurate, not current or incomplete, or NuTang has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NuTang has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
NuTang is concerned about the safety and privacy of all its users, particularly children. NuTang will prohibit registration by and will not knowingly collect personally identifiable information from anyone under 13.
All membership / personal profile data has been entered or modified solely by the respective member and is true and accurate information.
This membership information may be used by NuTang solely for the purpose of generating aggregate reports and market research.
Communciations utilizing our Service such as e-mails, chat and message boards are not monitored or retained except for possibly when necessary, for example, maintenance reasons or a Memberís abuse of NuTOS.
NuTang will not sell your membership information to any third-parties.
Remember whenever you voluntarily disclose personal information on message boards, through email or in chat areas, that information can be collected and used by others. If you post personal information in public places, others may send you unsolicited email messages. Always use discretion about the information you provide online.
NuTang may disclose Member information when required by law to do so, or when we have reason to believe that someone is causing injury to or interference with our rights or property, other Members, or anyone else that could be harmed by such activities.
We make every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. If you have any concerns about the Service or wish to find out if your child is a member of one of our services, or wish to cancel your child's membership, please contact us at nutang[AT]gmail[DOT]com.
You will select a password and membership identification during the 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 (a) immediately notify NuTang of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NuTang cannot and will not be liable for any loss or damage arising from your failure to comply.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NuTang, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NuTang does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NuTang be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a NuTang official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You will not attempt in any way to commit arbitrage on NuTang's revenue-sharing program. This includes any form of unsolicited traffic generation, with such categorization up to the discretion of NuTang's management.
You acknowledge that NuTang does not pre-screen Content, but that NuTang and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, NuTang and its designees shall have the right to remove any Content that violates the NuTOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NuTang or submitted to NuTang, including without limitation information in NuTang Message Boards, Chat Rooms, Games, and in all other parts of the Service.
You acknowledge and agree that NuTang may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the NuTOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NuTang, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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.
NuTang does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant NuTang the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NuTang removes such Content from the Service.
You agree to indemnify and hold NuTang, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 the Service, your use of the Service, your connection to the Service, your violation of the NuTOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that NuTang may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on NuTang's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that NuTang has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NuTang reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NuTang reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NuTang reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NuTang shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that NuTang, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NuTang believes that you have violated or acted inconsistently with the letter or spirit of the NuTOS. NuTang may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this NuTOS may be effected without prior notice, and acknowledge and agree that NuTang may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NuTang shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NuTang has no control over such sites and resources, you acknowledge and agree that NuTang is not responsible 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 NuTang 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.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NuTang or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
NuTang grants you a personal, non-transferable and non-exclusive right and license to use the object code of the software enabling the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NuTang for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NuTang 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 AND NON-INFRINGEMENT.
b. NuTang MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NuTang OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE NUTOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NuTang SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NuTang HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the NuTOS or other matters by displaying notices or links to notices to you generally on the Service.
NuTang trademarks and service marks, and other NuTang logos, product and service names are trademarks of NuTang; without NuTang's prior permission, you agree not to display or use in any manner, these trademarks and service marks.
NuTang respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NuTang's (nutang[AT]gmail[DOT]com) the following information:
The NuTOS constitute the entire agreement between you and NuTang and govern your use of the Service, superceding any prior agreements between you and NuTang. 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. The NuTOS and the relationship between you and NuTang shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and NuTang agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of NuTang to exercise or enforce any right or provision of the NuTOS shall not constitute a waiver of such right or provision. If any provision of the NuTOS 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 NuTOS remain in full force and effect. 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 the Service or the NuTOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please enjoy the NuTang community and report and problems or compliants to nutang[AT]gmail[DOT]com.
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