Last Updated: July 24th, 2011
LLL1 (“LLL1″) owns the web site NEXUSHUMANUS.COM (the “Site”).
The Site offers users (“Users”) a collection of online resources, including forums, message boards, blogs, quizzes, games, searchable databases, software, specialized audio, video, information, materials and other content (collectively, the “Content”). The Content is provided free of charge to you (unless otherwise indicated).
1. ACKNOWLEDGEMENT AND ACCEPTANCE
These Terms of Use (these “Terms”) set forth the terms and conditions that apply to your use of the Site. Unless explicitly stated otherwise by LLL1, all Content made available through the Site, including without limitation any new feature added from time to time, is automatically subject to these Terms.
Please read these terms AND LLL1’S PRIVACY POLICY carefully. BY REGISTERING TO USE OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN PLEASE DO NOT USE OR REGISTER TO USE THE SITE. LLL1 RECOMMENDS THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
2. MODIFICATIONS TO TERMS
LLL1 may modify these Terms from time to time. When LLL1 posts modifications to these Terms, LLL1 will revise the “Last Updated” date at the top of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any modification, your sole recourse is to terminate your use of the Site. LLL1 recommends that you check the Site from time to time to inform yourself of any changes in these Terms or any of LLL1’s other policies.
3. CHANGES TO THE SITE
LLL1 may modify or discontinue the Site, any portion thereof or any service, tool, digital product, product, event or course related to or contained on the Site without notice to you and without liability to you or any third party, except as otherwise provided in these Terms.
4. REGISTRATION INFORMATION
Certain activities on the Site require registration which require you to provide your name, e-mail address and, in some cases, a physical address. You also may be asked to select a user name and password. In addition to the required registration information, you may be asked (but are not required to provide) your gender, personal interests and other such information. You acknowledge and agree that LLL1 may block your use of the Site if your registration information is not complete and/or terminate your right to use the Site if any of the registration information that you provide is untrue, not current, incomplete or inaccurate, or if LLL1 has reasonable grounds to believe that any of your registration information is untrue, not current, incomplete or inaccurate. You also must maintain and update your registration information to keep it current, complete and accurate.
In addition to all required registration information, for certain uses of the Site, you will need to: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (b) provide your own access to the Internet; and (c) pay any telephone, data, hosting or other service fees associated with such access.
You represent to LLL1 that you have the authority to register with and/or use the Site according to these Terms. You affirm that you are fully able and competent to enter into these Terms and to abide by and comply with these Terms.
5. PRIVACY POLICY
Any personal information provided by you while you are visiting or using of the Site or gathered by LLL1 or third parties during any visit to the Site shall be subject to the terms of LLL1’s Privacy Policy, which are incorporated herein by reference. Click here if you wish to read LLL1’s Privacy Policy.
6. USER PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password(s) and other information. You are entirely responsible for any and all activities that occur under your username and password whether or not authorized by you. You agree to immediately notify LLL1 at ADMIN@NEXUSHUMANUS.COM of any unauthorized use of your username or password.
LLL1 may refuse to grant you, and you may not use, a username (or e-mail address) that: is already being used by someone else; may or does impersonate another person; belongs to another person; violates the intellectual property or other rights of any person; is vulgar or otherwise offensive; and/or LLL1 rejects for any other reason in LLL1’s sole discretion.
Although LLL1 will not be liable for losses caused by any unauthorized use of your username or other information, you may be liable for the losses of LLL1 or others due to such unauthorized use.
7. COMMUNITY GUIDELINES
You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, you specifically agree that:
a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
b. You will not post information on or download information from the Site unless you have all rights and authority necessary to do so.
c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, infringing, harmful, harassing, threatening, illegal or other material or information that LLL1 in its sole discretion views as objectionable to the Site, including but not limited to text, graphics, audio and video files.
d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User or representative of LLL1.
e. You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
f. You will not impersonate another person or entity, including but not limited to a LLL1 representative, or communicate under a false name or a name that you are not entitled or authorized to use.
g. You will not post third party surveys or contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
i. You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site.
j. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to another User’s user name(s) or other information, LLL1 servers, LLL1 software or areas of the Site not intended for your access.
k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by LLL1 for such purposes.
l. You will not harvest without permission, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and User profiles.
m. You will not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the LLL1 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, LLL1 grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LLL1 reserves the right to revoke these exceptions either generally or in specific cases.
n. You agree not to collect or harvest any personally identifiable information, including without limitation usernames, from the Site or to use the communication systems provided by the Site for any commercial solicitation purpose.
o. You agree not to solicit, for commercial purposes, Users of the Site.
8. LICENSE GRANT AND CONTENT
Subject to these Terms, LLL1 hereby grants you a nonexclusive, nontransferable right to: (a) access the Site; (b) access the Content and the software which includes, but is not limited to files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), made available through the Site; and (c) use one copy of the Content for your personal or internal use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms and is a violation of law.
If you download Software from the Site, the Software is licensed to you by LLL1 pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. LLL1 does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but LLL1 or its licensors retains full and complete title to the Software and all intellectual property rights therein.
No Content, or trademarks, service marks and logos contained in the Content (collectively, “Marks”), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of LLL1 or the applicable owner of such Content and Marks. Modification of the Content or use of the Content for any commercial purpose is a violation of LLL1′s copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other web site or networked computer environment is prohibited.
Except as specifically permitted in these Terms, you may not, directly or indirectly: (i) transfer, sell, sublicense, rent or lease the Content or the Software; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this these Terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Site; and/or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content and/or Software or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide LLL1 with evidence of compliance with this Section. Any special rules for the use of the Content or Software, accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by LLL1 and material owned or controlled by third parties and licensed to LLL1. Except for Content you post to the Site, title to all Content remains with LLL1 or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by LLL1.
9. USER CONTENT
As a User, you may post or submit content to the Site (“User Content”). You understand that whether or not such User Content is published, LLL1 does not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize LLL1 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site and these Terms.
For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant LLL1 a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and LLL1’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms. You understand and agree, however, that LLL1 may retain, but not display, distribute or perform, server copies of User Content that have been removed or deleted.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant LLL1 all of the license rights granted herein; and (b) in connection with User Content, contrary to applicable local, national, and international laws and regulations.
LLL1 does not endorse any User Content or any opinion, recommendation or advice expressed therein, and LLL1 expressly disclaims any and all liability in connection with User Content. LLL1 does not permit copyright infringing activities and infringement of intellectual property rights on its Site. LLL1 will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights.
Any opinions and recommendations expressed on the Site are those of the person expressing such views and not those of LLL1. LLL1 is not responsible for and does not assume any liability for the comments and opinions expressed by Users. You agree to hold LLL1 and its members, affiliates, employees free of responsibility for any potentially damaging User Content posted by you or other Users. You acknowledge that LLL1 does not control the specific content of your messages and personal notes or the messages and personal notes by other Users. Users shall remain solely responsible for their User Content.
10. PUBLIC AND REGISTERED USER AREAS
The Site feature groups, discussions, user profiles, comment areas, blogs and similar areas where Users can share information about themselves and their opinions, as well as post questions (“Public Areas”). Certain areas of the Site contain information intended only for Users who create user names or join or register to use the Site (“Registered Users”) and LLL1 reserves the right to limit these areas to Registered Users.
If you use a Public Area or an area reserved for Registered Users (a “Registered User Area”), you agree that you are solely responsible for your own communications, the consequences of posting those communications and your reliance on communications found in the Public Areas or Registered User Areas. LLL1 is not responsible for the consequences of communications in the Public Areas or Registered User Areas. Although LLL1 may from time to time monitor the Content posted on the Site, LLL1 is under no obligation to do so. LLL1 attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior but LLL1 makes no guarantee with respect to your experience of the Site. Please notify LLL1 at ADMIN@NEXUSHUMANUS.COM immediately if you feel that a posted message or image is objectionable. If you feel threatened or believe someone else is in danger, please contact your local law enforcement agency immediately. If you are dissatisfied with communications posted to the Site, your sole recourse is to terminate your use of the Site.
LLL1 reserves the right (but is not obligated) under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, Section 230(c) to, without limitation and in LLL1’s sole discretion, to: (a) record the communications in Public Areas and Registered User Areas; (b) investigate any allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication; (c) remove communications which are abusive, illegal, or disruptive or that otherwise fail to conform with the guidelines above or otherwise with these Terms; (d) monitor, edit or disclose any communication in the Public Areas and/or Registered User Areas; (e) edit or delete any communication posted on the Site; and/or (f) disclose any communication posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, regardless of whether such communications violates these standards.
11. THIRD PARTY LINKS
These Terms apply only to the Site. The Site may provide links to other web sites and resources, the content and features of which may change over time. Because LLL1 has no control over such third-party sites and resources, you acknowledge and agree that LLL1 is not responsible for the availability of such web site 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 web site or resources.
Separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Site. Please also note that registration and certain other information about you are subject to the privacy policy posted at the web Site on which you are providing your information. Please read that web site’ privacy policy for information on how your data will be handled.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEB SITES AND RESOURCES.
It is possible that other web site and resources provide links to the Site (whether with or without LLL1’s authorization). LLL1 has no control over other web sites and resources that provide links to the Site and you acknowledge and agree that LLL1 does not endorse such web sites and is not responsible for any links from those web sites or resources to the Site or for any content, advertising, products or other materials available on such other web site. You further acknowledge and agree that LLL1 is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) web site or resources to which LLL1 provides links or that provide links to the Site, or (ii) any content, goods or services available on or through any such web site or resources.
LLL1 has the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
12. DEALINGS WITH THIRD-PARTY PROVIDERS OF GOODS AND SERVICES
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party advertisers or other third party providers of goods or services made available on or through the Site, including payment and delivery of goods or services (and expressly including, without limitation, travel or tours arranged through the Site), and any other term, condition, warranties or representations associated with such dealings, are solely between you and such third-party advertiser or provider and solely at your own risk. You agree that LLL1 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Site.
13. E-COMMERCE
If products and services are made available for purchase through the Site and you wish to purchase such products or services, you may be asked by LLL1 or its designee (or, if such product or service is being made available by a third party provider, by such third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You acknowledge that any such information will be treated by LLL1 in accordance with LLL1’s Privacy Policy. You grant LLL1 the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Site. Verification of information may be required prior to acceptance of any order through the Site. Descriptions or images of, or references to, products or services on the Site do not imply LLL1′s endorsement of such products or services. LLL1 reserves the right, with or without prior notice, to: change descriptions or references to products or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to the Site with any product or service. Price and availability of any product or service offered through the Site is subject to change without notice. Refunds and exchanges shall be subject to LLL1′s refund and exchange policies, as may be made available by LLL1 and updated by LLL1 from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not the responsibility of LLL1.
14. SWEEPSTAKES, CONTESTS AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through the Site or through Facebook or for which LLL1 may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
15. VIRTUAL CURRENCY
You acknowledge that the Site may include a component of fictional badges, credits or currency (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the Site to gain access to virtual items for use exclusively within the Site (“Site Items”). You acknowledge and agree that Virtual Currency has no cash value and that neither LLL1 nor any other person or entity has any obligation to exchange your Virtual Currency for anything of value, including without limitation, real currency. LLL1 reserves the right to charge fees for the right to access or use Virtual Currency, or it may distribute Virtual Currency without charge, in its sole discretion. For example, LLL1 may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency based upon the completion of an activity, such as signing up a certain number of users or by participating in challenges offered on the Site. Virtual Currency and Site Items will not expire and will not incur fees for non-use. Virtual Currency and Site Items are subject to all Terms herein. Virtual Currency and Site Items will be lost, deleted from your account or forfeited when a user account is terminated, suspended or closed for any reason or when LLL1 discontinues the Site or any services provided or offered thereon. All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable, including without limitation, upon termination, suspension or closure of your account, termination of these Terms and/or the discontinuation of the Site or any services offered or provided thereon. Unused Virtual Currency may become subject to stator unclaimed property laws.
Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms and other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Site, you agree that you have no right or title in or to any such Virtual Currency. You agree that LLL1 has the sole right to regulate, oversee, manage, control, modify, terminate, and/or eliminate Virtual Currency from the Site as it sees fit and in its sole discretion, and you agree that LLL1 cannot be liable to you for any reason based on its exercise of any of the foregoing rights.
LLL1 prohibits and does not recognize any purported transfers of Virtual Currency effectuated outside of the Site, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Site, unless otherwise expressly authorized by LLL1 in writing. Accordingly, you may not trade, sell or attempt to sell Site Items or Virtual Currency for “real” money, or exchange those items or currency for value of any kind outside of the Site. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.
Virtual Currency may be offered by LLL1 to be purchased through the Site. You may be required to provide LLL1 or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Site Items. You may also have the option of participating in third party offers to receive Virtual Currency. LLL1 is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Site or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. LLL1 expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store.
You acknowledge and agree: (a) that any credit card transaction-related information will be treated by LLL1 as described in the Privacy Policy and, as applicable, in the privacy policy of the third-party payment processor(s) or stores used by LLL1 on or through the Site, (b) that all credit card and other payment-related information that you provide to LLL1, its designated payment processor or store or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF THE SITE IF, WHEN AND TO THE EXTENT ALLOWED BY LLL1, IN ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ACCESS TO VIRTUAL CURRENCY AND/OR TO SITE ITEMS, AND REGARDLESS OF ANY SIMILARITY BETWEEN SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS AND ACTUAL CURRENCY AND/OR ACTUAL ITEMS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THIS AGREEMENT REGARDING SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO REAL PROPERTY RIGHTS WITH RESPECT TO SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS, ANY VIRTUAL PROPERTY RIGHTS WITH RESPECT TO SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS, ANY RIGHT OF ACCESS TO SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS OR ANY RIGHT TO ANY DATA STORED BY OR ON BEHALF OF LLL1.
16. TERMINATION
If LLL1 determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site, LLL1 reserves the right to: (a) delete any or all content provided by you or your agent(s) to the Site; (b) discontinue your registration with the Site; (c) discontinue your subscription to any digital product, product, event, content, tool or service used or purchased through the Site; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which LLL1 deems to be appropriate.
If your ability to access the Site and/or any other service, product, content, event, tool or digital product provided to you by LLL1 is discontinued by LLL1 due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site and/or any other digital product, course content or service provided by LLL1, through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, events or content and services to which your access has been terminated. If you violate the immediately preceding sentence, LLL1 reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) – (e) of this Section without any notice or warning to you.
A Registered User may delete his/her registration information at any time by sending an email (including username and password) to ADMIN@NEXUSHUMANUS.COM. LLL1 may, in its sole discretion, terminate a Registered User if he/she has been inactive for a period of twelve (12) months. A Registered User will be defined as inactive if she/he has not logged into the Site with her/his user name and password.
17. SYSTEM OUTAGES
LLL1 periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. LLL1 has no liability whatsoever for: (a) the resulting unavailability of the Site; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.
18. DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, CONTENT, SERVICES, DIGITAL PRODUCTS, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LLL1 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LLL1 DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. LLL1 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT LLL1) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
LLL1 IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.
LLL1 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF LLL1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
You agree to defend, indemnify and hold each of LLL1 and its parent corporations, subsidiaries and affiliated entities and their respective members, shareholders, officers, directors, employees and agents, harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) due to or arising out of: (a) your use of and access to the Site; (b) your violation of any provision of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any of your User Content caused damage to a third party.
21. TRADEMARKS
LL1 and LLL1’s logo and other product and service names of LLL1 are trademarks of LLL1 (collectively the “LLL1 Marks”). You agree not to display, reproduce or otherwise use in any manner the LLL1 Marks without LLL1’s prior written permission.
22. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by LLL1 infringe your copyright, you (or your agent) may send LLL1’s designated copyright agent a notice requesting that the material be removed or access to it blocked by providing LLL1’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the LLL1 to locate the material;
- Information reasonably sufficient to permit a LLL1 representative to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you (or your agent) to send LLL1’s copyright agent a counter-notice with the following information in writing (see 17 U.S.C 512(g)(3) for further detail):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which LLL1 may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by our copyright agent, LLL1 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 or the 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 LLL1’s sole discretion.
Notices and counter-notices with respect to these Site should be sent to LLL1′s copyright agent:
DMCA Agent
LLL1
222 Merchandise Mart Plaza, 20th Fl, Suite 2050, Chicago, IL 60654
Tel: (312) 235-2206
Email: COPYRIGHT@NEXUSHUMANUS.COM
LLL1 suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. LLL1 will terminate a Registered User and a Registered User’s access to the Site or the Services if, under appropriate circumstances, the Registered User is determined to be a repeat infringer.
For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to LLL1 online customer service or you can reach LLL1 by telephone at (312) 235-2206. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
23. USER DISPUTES
You are solely responsible for any interaction with other Users of the Site. LLL1 reserves the right but shall have no obligation to monitor disputes between you and any other Users of the Site.
24. PARENTAL CONTROLS
Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be considered harmful to minors.
25. USERS FROM OUTSIDE THE UNITED STATES
By visiting the Site, submitting information or using any of LLL1’s products or services, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Site.
The Site is controlled and operated by LLL1 from the United States. LLL1 does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. LLL1 may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that LLL1 chooses, at any time and in LLL1’s sole discretion.
26. MISCELLANEOUS
Notices: Any notice or other communication required or permitted to be made under these Terms may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or by electronic means.
Governing Law: These Terms are governed and interpreted in accordance with the laws of the State of New York and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws. Any disputes arising under these Terms shall be subject exclusively to the jurisdiction of the state and/or federal courts having jurisdiction over New York County, New York. Both parties agree to accept the jurisdiction of such courts in connection with any such dispute.
No Rights of Third Parties: These Terms do not create rights enforceable by third parties.
Other: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without LLL1′s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms will remain binding upon the parties. These Terms, together with all policies referred to herein, constitute the entire agreement between you and LLL1 with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and LLL1 regarding such subject matter. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. CONTACTING LLL1
If you have any questions about LLL1 generally, these Terms or the Site, please feel free to contact LLL1 at: LLL1, 222 Merchandise Mart Plaza, 20th Fl, Suite 2050, Chicago, IL 60654. Email: ADMIN@NEXUSHUMANUS.COM
28. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Site is LLL1, 222 Merchandise Mart Plaza, 20th Fl, Suite 2050, Chicago, IL 60654.
To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address, contact LLL1 via e-mail or telephone LLL1 at (312) 235-2206. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
