Welcome to nuwe. by browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our Privacy Policy, govern nuwe’s relationship with you in relation to this website.
These Terms of Use are effective immediately and were last updated on 24 September 2014. For further information and questions related to our Terms of Use and Privacy Policy, please complete the contact form found here.
PLEASE READ CAREFULLY
This Terms of Use Agreement (“Agreement”) is a legal agreement between you and nuke, LLC, a Delaware limited liability company (“nuwe”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your access to and use of this website www.nowness.com (the “website”). Please read the Agreement carefully and print a copy for your records.
We may from time to time modify these Terms of Use and will post a copy of the amended Agreement here: www.nowness.com/privacy/terms. If you do not agree to, or cannot comply with this Agreement as amended, you should not use the website. You will be deemed to have accepted this Agreement as amended if you continue to use the website after any amendments are posted on the website.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
Age Requirement; Authority. In order to use the website, you must be at least the age of legal majority and can form a legally binding agreement under applicable law. If you do not qualify you are not permitted to access the website.
You may browse the website without registering, but as a condition to using certain aspects of the website, taking advantage of the website and email communication services, a user of the website must first complete the profile registration page and provide certain personal information (“User Information”). Our information collection and usage policies with respect to such User Information are set forth in the nuwe Privacy Policy. You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password.
3.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
3.2 Restrictions. You agree that you will not: (i) use the website to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the website; or (iii) use the website in any way that violates the terms of this Agreement.
3.3 Termination. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.
We try to ensure that the information posted on the website is correct and up-to-date.We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the website.
By using the Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via the website or (c) attempt to gain unauthorized access to other computer systems through the website; (d) transmit any viruses or any other disabling mechanisms; (e) use the website for any illegal purpose, in violation of any applicable laws or regulations; (f) violate or infringe on any other party’s intellectual property, privacy, publicity, or other legal rights; (g) attempt to penetrate security measures of the website or obtain or bypass others’ passwords; (h) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable or inappropriate; (i) stalk or harass or harm another individual or (j)select or use as a User ID a name of another person with the intent to impersonate that person, select or use as a User ID a name subject to any rights of a person other than you without appropriate authorization, or select or use as a User ID a name that is otherwise offensive, vulgar or obscene. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other parties use and enjoyment of the website. We reserve the right to refuse registration, service and/or terminate access to the website without prior notice for any user who violates these policies.
As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on the website. All title and intellectual property rights in and to the content provided on the website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you use or download any content from the website you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this website (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws.
The trademarks, logos, service marks, graphics and trade names (collectively, the “Trademarks”) displayed on the website are registered and unregistered Trademarks of NOWNESS or other rights holders and may not be used in any manner that is likely to cause confusion, or that disparages or discredits NOWNESS or the applicable rights holder. You do not receive, by implication or otherwise, any right or license to use any Trademark displayed on the website.
Our personal information practices on the website are governed by the NOWNESS Privacy Policy. Click here to see our separate Privacy Policy. Please review the Privacy Policy and print a copy for your records.
If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “Moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and (iii) you grant us the right to publish your name, city, state and country of residence in connection with the posting or use of the Submission, such as in promotions or other publications, whether online or otherwise, including but not limited to the website and its affiliates, Facebook, Google+, Instagram, Pinterest, Tumblr, Twitter, Vimeo and YouTube. In no event are we obligated to use, reproduce, or publish any Submission.
This Agreement will remain effective until terminated by us.
11.1 THE SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS”. ANY USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO.
11.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEAT
