1. ACCEPTANCE OF TERMS
The Daily Nugget (“Site”) provides its service to you subject to the following Terms of Service, which may be updated from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.dailynugget.com/terms/.
USE OF THE SITE SIGNIFIES ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS PLEASE LEAVE THE SITE IMMEDIATELY.
2. DESCRIPTION OF SITE
The Site is a weblog, an online journal, that presents the personal opinions of the Site owner as well as other authors. Although the content in this Site may pertain to factual events, the content on the site also includes opinions, jokes, parody, comments, and heresay and should not be construed as factual. The Site and its Materials are for entertainment purposes only. Additionally, you must be 18 years or older to access and view this Site.
Materials refers to any word, sound, image, file, link, data, or other representation contained in or generated by the Site. These Materials are protected by federal copyright laws. Ownership and copyrights to all Materials on the Site are retained by their respective creators and/or owners.
3. COMMUNICATIONS AND CONTENT
The Site may, but is not obligated to, include the ability to post comments, send e-mail to the site owner or other individuals, participate in forums, or other means of communication. You may not communicate, any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law. Please note that the Site makes reasonable efforts to review all communication prior to posting and may edit communication for clarity or to remove questionable or off-topic material without notice. By submitting your communication, you hereby give the Site the right, but not the obligation, to post, air, edit, exhibit, telecast, cablecast, webcast, re-use, publish, reproduce, use, license, print, distribute or otherwise use your communication(s) via all forms of media now known or hereafter devised, worldwide, royalty free in perpetuity. In short, and in no uncertain terms, all your base are belong to us!
You agree to indemnify and hold the Site and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of communications or other content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Service, or your violation of any rights of another.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
- THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU 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 THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE INCLUDING LOSS OF JOB INCOME (WHETHER REAL OR IMAGINED), EMOTIONAL DISTRESS, HURT FEELINGS, PARANOID DELUSIONS, AND ATTACKING LLAMAS.
7. GOVERNING LAW
All questions concerning the construction, interpretation, and validity of these Terms of Service shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice, conflict of law, provision or rule (whether in the State of California or any other Jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
8. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement regarding this matter, and supersede the provisions of any other agreements or understandings (oral or written) between you and the Site.
Last updated 4/28/2009