TERMS AND CONDITIONS OF USE
Welcome to our website. This
site is maintained as a service to our customers. By using this site, you
agree to comply with and be bound by the following terms and conditions of
use. Please review these terms and conditions carefully. If you do not
agree to these terms and conditions, you should not use this
site.
1. Agreement. This
Agreement (the “Agreement'”) specifies the Terms and Conditions for access
to and use of nomisdice.com (the “Site'”) and describe the terms
and conditions applicable to your access of and use of the Site. This
Agreement may be modified at any time by nomisdice.com upon
posting of the modified agreement. Any such modifications shall be
effective immediately. You can view the most recent version of these terms
at any time at nomisdice Terms of Use. Each use
by you shall constitute and be deemed your unconditional acceptance of
this Agreement.
2. Intellectual
Property Ownership.
(a) Our Content. All
content included on this site is and shall continue to be the property of
nomisdice.com or its content suppliers and is protected under
applicable copyright, patent, trademark, and other proprietary rights. Any
copying, redistribution, use or publication by you of any such content or
any part of the Site is prohibited without express permission by
nomisdice.com. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your use
of this site. nomisdice.com is the trademark or registered
trademark of nomisdice.com. Other product and company names
mentioned on this Site may be trademarks of their respective
owners.
(b) User Supplied Content. By
accessing our forum, bulletin board, chat room, or any other user
interactive area of our site, and placing any information in any of those
areas, you hereby grant us a perpetual, irrevocable, royalty free license
in and to such materials, including but not limited to the right to post,
publish, transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and publicly
perform such materials in any form or media, whether now known or later
discovered. You also grant to others who access the forum, bulletin board,
chat room or any other user interactive area of our site a perpetual,
non-revocable, royalty free license to view, download, store and reproduce
your postings but such license is limited to the personal use and
enjoyment of such other party.
(c) Personal Use. nomisdice.com grants you a limited,
revocable, nonexclusive license to use this site solely for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You agree
not to copy materials on the site, reverse engineer or break into the
site, or use materials, products or services in violation of any law. The
use of this website is at the discretion of nomisdice.com and
nomisdice.com may terminate your use of this website at any
time.
(d) Other Uses. All other use of Content from the Site, including, but not
limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web site,
reproducing the Site (whether by linking, framing or any other method), or
in any other way exploiting any of the Content, in whole or in part, is
strictly prohibited without nomisdice.com prior express written
consent.
3.
Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE
INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
nomisdice.com DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE
OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE,
nomisdice.com DOES NOT WARRANT THAT USE OF THE SITE WILL
BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. nomisdice.com, ITS
SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE
DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR
MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS
OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR
MATERIAL.
(b) LIMITATION OF
LIABILITY. nomisdice.com SHALL NOT BE RESPONSIBLE OR
LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH
nomisdice.com OR THE SITE, OR USE THEREOF, OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY
SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN
IF nomisdice.com HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE OR LOSS.
(c) EARNINGS
DISCLAIMERS. The information presented in this Website is intended to be
for your educational and entertainment purposes only.
We are not
presenting you with a business opportunity.
We are not presenting
you with a distributorship.
We are not making any claims as to
income you may earn.
We are not presenting you with an opportunity
to get rich.
Before embarking on any endeavor, please use caution
and seek the advice your own personal professional advisors, such as your
attorney and your accountant.
Where income figures are mentioned
(if any), those income figures are anecdotal information passed on to us
concerning the results achieved by the individual sharing the information.
We have performed no independent verification of the statements made by
those individuals. Please do not assume that you will make those same
income figures.
Please do not construe any statement in this
website as a claim or representation of average earnings. There are NO
average earnings. Testimonials and statements of individuals are not to be
construed as claims or representations of average earnings. We cannot, do
not, and will not make any claims as to earnings, average, or
otherwise.
Success in any endeavor is based on many factors
individual to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will devote to the
endeavor.
Please perform your own due diligence before embarking on
any course of action. Follow the advice of your personal qualified
advisors.
There are risks in any endeavor that are not suitable
for everyone. If you use capital, only "risk" capital should be
used.
There is no guarantee that you will earn any money using any
of the ideas presented in our in materials. Examples in our materials are
not to be interpreted as a promise or guarantee of earnings. Many
factors will be important in determining your actual results and no
guarantees are made that you will achieve results similar to ours or
anybody else’s. No guarantee is made that you will achieve any result at
all from the ideas in our material.
You agree that we will not
share in your success, nor will we be responsible for your failure or for
your actions in any endeavor you may undertake.
Please understand
that past performance cannot be an indication of possible future
results.
Materials in our product and our website may contain
information that includes or is based upon forward-looking statements
within the meaning of the securities litigation reform act of 1995.
Forward-looking statements give our expectations or forecasts of future
events. You can identify these statements by the fact that they do not
relate strictly to historical or current facts. They use words such as
“anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,”
“believe,” and other words and terms of similar meaning in connection with
a description of potential earnings or financial performance. Any and all
forward looking statements in our materials are intended to express our
opinion of earnings potential. They are opinions only and should not be
relied upon as fact.
4.
Terms Relating to User Supplied Site
Content.
(a) Participate at Your Own Risk. You
enter and participate in our forum, bulletin board, chat room, or any
other user interactive area of our site, and gain access to the materials
contained thereon at your own risk.
(b) No Monitoring. We do not monitor or
screen communications on our forum, bulletin board, chat room, or any
other user interactive area of our site and we are not responsible for any
material that any of our forum, bulletin board, chat room, or any other
user interactive area of our site participant posts and we do not assume
the responsibility to do so. In the event that we are notified by any
party that any communications contained in our forum, bulletin board, chat
room, or any other user interactive area of our site is contrary to these
terms, we may, but are not obligated to, investigate the situation and
determine in our own discretion, whether to remove such communication from
our forum, bulletin board, chat room, or any other user interactive area
of our site. We have no liability or responsibility to investigate
or remove any content from our forum, bulletin board, chat room, or any
other user interactive area of our site based upon a complaint or
otherwise.
(c)
Your Reliance at Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made or materials
posted on or through our forum, bulletin board, chat room, or any other
user interactive area of our site. You agree and acknowledge that
you assume the risk of any actions you take in reliance upon the
information that may be contained in our forum, bulletin board, chat room,
or any other user interactive area of our
site.
(d) No Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin board,
chat room, or any other user interactive area of our site. Any opinions or
views expressed by our forum, bulletin board, chat room, or any other user
interactive area of our site participants are their own. We do not
endorse or support or otherwise give any credence or reason for reliance
on any such statements or opinions.
(e)
You are Responsible. You are fully responsible for your own statements and
materials that you post in our forum, bulletin board, chat room, or any
other user interactive area of our site and any consequences, whether or
not foreseen, to any party who may rely upon these statements. You
agree that you will not take any action directed towards attempting to
hold us responsible for any such materials or
statements.
(f)
Removal of Material. As a participant in our forum, bulletin board, chat
room, or any other user interactive area of our site, you agree that we
may remove any materials from our forum, bulletin board, chat room, or any
other user interactive area of our site for any reason, in our sole
discretion, or for no reason at all. This includes material which is
disruptive, abusive, offensive, illegal, vulgar, pornographic, or any
other material. You hold us harmless from and against any damage you
or others may suffer as a result of our removal of any content from our
forum, bulletin board, chat room, or any other user interactive area of
our site or from the discontinuance of our forum, bulletin board, chat
room, or any other user interactive area of our site at any
time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any
party from participation and access to our forum, bulletin board, chat
room, or any other user interactive area of our site for any time and for
any reason, or for no reason whatsoever, in our sole and absolute
discretion. This includes, but is not limited to any violation of
this agreement, disruptive behavior, complaints from other parties, any
allegedly illegal activity, or for any other reason or for no reason at
all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our site
at any time and all users hold us harmless from and against any claims,
damages, suits, threats, demands, liabilities, actions, causes of action,
or injuries that may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and
type.
(i) Prohibitions. You agree that you will not (1) use our forum, bulletin
board, chat room, or any other user interactive area of our site for any
illegal purpose, (2) place any material in our forum, bulletin board, chat
room, or any other user interactive area of our site that violates the
copyrights, trademarks, trade secrets, confidential information or other
rights of any other party, (3) place any material in our forum, bulletin
board, chat room, or any other user interactive area of our site that
contains a false statement about any person, infringes upon the privacy
rights of any other person, or threatens, harasses, abuses or embarrasses
any other person, (4) place any obscene, pornographic, sexually explicit
or violent materials, graphics, photographs, text or otherwise in our
forum, bulletin board, chat room, or any other user interactive area of
our site, (5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our forum, bulletin
board, chat room, or any other user interactive area of our site, (6)
pretend to be another person that you are not, (7) place materials in our
forum, bulletin board, chat room, or any other user interactive area of
our site that are disruptive or
off-topic.
(j) Hold Harmless and Indemnify. You
hold us harmless from, and indemnify us against, any and all claims for
damages from third parties arising from your participation, use or conduct
in our forum, bulletin board, chat room, or any other user interactive
area of our site.
5.
Miscellaneous.
(a) Prohibition
Against Data Mining. You are prohibited from data mining, scraping,
crawling, email harvesting or using any process or processes that send
automated queries to the nomisdice.com Web site. You may not use
the nomisdice.com Web site to compile a collection of listings,
including a competing listing product or service. You may not use the Site
or any Materials for any unsolicited commercial
e-mail.
(b) Intended Audience. This
website is intended for adults only. This website is not intended for any
children under the age of 18.
(c)
Compliance with Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that information
provided by you is truthful and accurate to the best of your
knowledge.
(d) Indemnification. You agree to
indemnify, defend and hold nomisdice.com and our partners,
employees, and affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the
Site.
(e) Privacy. Your visit
to our site is also governed by our Privacy Policy. Please review our
Privacy Policy at nomisdice Privacy Policy.
nomisdice.com reserves the right, and you authorize us, to use
and assign all information regarding site uses by you and all information
provided by you in any manner consistent with our Privacy
Policy.
(f) DMCA Notice. If you believe your
work has been copied in a way that constitutes copyright infringement,
please provide a notice containing all of the following information to our
Copyright Agent:
(1) An
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright
interest;
(2) A description of
the copyrighted work that you claim has been
infringed;
(3) A description of
where the material that you claim is infringing is located on the
Site;
(4) Your address,
telephone number, and e-mail
address;
(5) 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;
and
(6) 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.
Our Copyright Agent for Notice of
claims of copyright infringement on the Site is John T Adams, who can be
reached as follows:
Contact: Send an email
to:support@nomisdice.com
(g)
Applicable Law. You agree that the laws of the United States
of Americia, without regard to conflicts of laws provisions will govern these
Terms and Condition of Use and any dispute that may arise between you and
nomisdice.com or its affiliates. Venue shall be
in Denver, Colorado.
(h) Arbitration. As part of the
consideration that nomisdice.com requires for viewing, using or
interacting with this website, you agree to the use of binding arbitration
for any claim, dispute, or controversy of any kind (whether in contract,
tort or otherwise) arising out of or relating to this website. Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available from the
American Arbitration Association, 335 Madison Avenue, Floor 10, New York,
New York, 10017-4605. Hearing will take place in the city or county
of nomisdice.com. In no case shall you have the right to go to
court or have a jury trial. You will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have the
right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal. The
prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, and travel
expenses.
(i) Severability. If
any provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and
effect.
(j)
Termination. nomisdice.com may terminate this Agreement at
any time, with or without notice, for any
reason.
(k) Contact
Information.
HOW TO CONTACT US:
Send an email to:support@nomisdice.com