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| User Agreement |
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Your use of the Nauna, LLC website, having a "home page" located at www.nauna.com (the "Website"), is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the "Agreement"). By using the Website, and/or any of the services offered therein, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
1.WEBSITE OWNERSHIP & YOUR CONTENT.
- A.This Website, and each of its parts, is the copyrighted property of Nauna, LLC (“NAUNA”), and/or its various third party customers and members. Subject to Section 1B below, none of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of NAUNA and/or its third party customers and members. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the “Trademarks”) are registered or common law Trademarks of NAUNA. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of NAUNA or such other party that may own the Trademarks.
- B.The Website comprises many different functionalities, including internet search (portal) services, social networking, video and image sharing, talent showcasing functionality, news sharing, classified advertisement posting, business networking, and other functionalities. As such, with certain services offered within the Website, third parties are allowed to publish text, images, audio clips, video clips, other material or combinations of the foregoing within the Website. You hereby agree and acknowledge that NAUNA does not actively censor any of such material published by third parties within the Website, and you hereby forever waive and release NAUNA from any claims or damages of any kind whatsoever, which you allegedly have incurred (or may incur) by accessing, viewing, listening to, or publishing any of such content within the Website.
- C.You hereby expressly waive any and all rights to privacy attributable to or arising from any text, images, audio clips, video clips, or other material that you publish, transfer, or communicate to NAUNA, within the Website, or to any third party using the Website or NAUNA’s services (“Your Content”). You hereby agree and acknowledge that Your Content may be published within the Website for the public to view. You are hereby advised and warned that Your Content should not contain any confidential, proprietary, personally sensitive, or other secret information in your possession or rightfully owned by others, and shall further comply with all terms and conditions of this Agreement.
- D.You hereby agree and acknowledge that Your Content shall not include any text, images, audio, video, or other types of content which is pornographic, obscene, or includes any type of nudity. You hereby agree and acknowledge that any violation of this Section 1D, or any other term or condition herein, may result in the immediate removal of Your Content from the Website and/or the NAUNA servers, and may further result in the termination of your account with NAUNA.
- E.NAUNA reserves the unfettered right to remove any of Your Content from the Website, and its servers, for any violations of this Agreement or for any other reason whatsoever.
- F.If you publish any classified advertisements (or other solicitations) within the Website, you hereby agree and represent that any such advertisements and solicitations will be bona fide offers to purchase or sell a particular good or service (or otherwise undertake the subject action, such as apply for employment or other actions). You agree not to publish classified advertisements for any other reason.
2.USE OF THIS WEBSITE.
- A.Any unauthorized use of any content or material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content or material on this Website, including its reproduction, modification, distribution, or republication, without prior written permission of NAUNA, or other third party if applicable, is strictly prohibited. The use of such content or material on any other website or in any environment of networked computers is strictly prohibited.
- B.This Website may be used only for lawful purposes. Transmission or communication of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory or constitutes an illegal threat.
- C.NAUNA does not accept responsibility for the content, materials and information published, uploaded or communicated by others within, using, or in connection with this Website, including by any of NAUNA’s customers and members. NAUNA does not accept responsibility for the violation of any laws resulting from such publication, distribution, or communication of any third party material within, using, or in connection with this Website.
- D.If any user of this Website interferes with others’ use and enjoyment of the services provided by NAUNA, such user shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. NAUNA will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
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- • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- • Unauthorized monitoring of data, traffic, or communications on any network or system without express authorization of the owner of the system or network.
- • Interference with service to any user, host or network including, without limitation, message bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- • Distribution of viruses, worms, Trojan horses and other destructive activities.
- • Forging of any TCP-IP packet header or any part of the header information in an email, VIM or a newsgroup posting.
- • Other activities, whether lawful or unlawful, that NAUNA determines to be harmful to its users, customers, members and affiliates, including any activities that restrict or inhibit any other user from using and enjoying the Website or the internet.
- E.Using this Website and/or the information contain therein to send unsolicited, commercial mass e-mail, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
- F.Although NAUNA does not review or censor materials and information which are accessible on the Website, or other websites which may be accessed from the Website, if NAUNA becomes aware that a user of this Website is in violation of this Agreement, NAUNA reserves the right to suspend or terminate such user’s access to this Website without notice.
- G.You are solely and exclusively responsible for all material that you publish, transfer, or communicate within, through or using the Website. In connection with any material that you provide to NAUNA, or which will be displayed, published, or otherwise communicated within, through or using the Website, including material that is communicated to any third party, you represent and warrant as follows: (a) neither your material nor any element thereof infringes the copyright, trademark or patent in any other work or violates any law or regulation; (b) neither your material nor the exploitation thereof will violate the rights to privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person whomsoever; (c) you own all rights to your material free and clear of any liens, encumbrances, and other third party interests, and any claims or litigation, whether pending or threatened; (d) neither your material nor any element thereof is pornographic, obscene, offensive to community standards, discriminatory, promotes violence or contains false advertising, hate speech or viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful programming language; (e) you have full right and power to make and perform this Agreement without the consent of any third party; (f) your material will not harass, insult, defame, plagiarize, or threaten other users of this Website; and (g) you shall defend, indemnify and hold NAUNA and its directors, officers, and agents harmless from all claims, liabilities, damages, costs and reasonable legal fees and expenses arising from any breach or alleged breach by you of any representation, warranty or agreement hereunder and/or your tortious conduct.
- 3.AGE AND RESPONSIBILITY.
If you are accessing or using this Website from within the United States, you represent and warrant that you are at least sixteen (16) years of age. If you are accessing or using this Website from any other country or jurisdiction, you represent and warrant that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using this Website on your behalf.
- 4.USER INFORMATION.
NAUNA reserves the right to collect, maintain, and use information that your web browser provides to NAUNA’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser you are using. NAUNA may use such information in an aggregated form, such as to measure the usefulness and popularity of our Website. You may be required to establish a username and/or password to access certain parts of the Website, and/or use certain services offered by NAUNA. You hereby agree and acknowledge that you shall be responsible for maintaining the secrecy of your own username and password. In addition, NAUNA reserves the right to cancel and/or reassign any username that NAUNA believes, in its sole and exclusive discretion, to be misleading or violate any third party’s trademark rights or rights of likeness, privacy, or publicity.
- 5.PRICING & ADVERTISING DISCLAIMER.
While efforts have been made to make this Website helpful and accurate, due to the open nature of this Website, and the potential for errors in the storage and transmission of digital information, NAUNA does not warrant the accuracy of information obtained from this Website. Please note that actual products and services may differ from any text, picture, slide show, video, audio clip, or other description contained in this Website. NAUNA is not responsible for typographical, pricing, product information, of advertising errors. Advertised prices and other information relating to products and services offered by NAUNA are subject to change without notice.
- 6.EXCLUSION OF WARRANTY.
NAUNA AND ITS THIRD PARTY CUSTOMERS AND MEMBERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NAUNA AND ITS THIRD PARTY CUSTOMERS AND MEMBERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE, OR THE USABILITY, APPOPRIATENESS, OR LEGALITY OF ANY CONTENT TRANSMITTED USING THIS WEBSITE OR NAUNA’S SERVICES, AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
- 7.LIMITATION OF LIABILITY.
NAUNA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE PHONE, SMART PHONE, OR OTHER DEVICE OR PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE, USE OF NAUNA’S SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, SLIDE SHOWS, VIDEO, OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL NAUNA OR ANY THIRD PARTY CUSTOMERS OR MEMBERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST DATA OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY NAUNA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
- 8.LINKS.
While using this Website, you may choose to link to third party websites that are not affiliated with NAUNA. NAUNA is not responsible for the contents of these third party websites, or any subsequent links, and has no control over the contents therein. For this reason, NAUNA does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of NAUNA, and NAUNA does not endorse the contents of such third party websites in any way. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites, you do so at your own risk.
- 9.SYSTEM AVAILABILITY.
NAUNA makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, NAUNA is not responsible for information or communications that are not processed, distributed, or received.
- 10.VIOLATIONS OF THIS AGREEMENT.
In the event you violate or attempt to violate any part of this Agreement, NAUNA reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. NAUNA also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.
- 11.COPYRIGHT POLICY & DMCA COMPLAINTS.
NAUNA endeavors to obey all relevant copyright laws. NAUNA will review all claims of copyright infringement received and remove content that is shown to have been posted or distributed in violation of any such laws. To submit a claim for copyright infringement to NAUNA, please provide us with the following statements and material (at copyright@nauna.com):
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- 1.A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- 2.A description of the copyrighted work claimed to have been infringed;
- 3.A description of the infringing material and information reasonably sufficient to permit NAUNA to locate the material, including without limitation the uniform resource locator (URL) that is associated with the infringing material;
- 4.Your contact information, including your address, telephone number, and email;
- 5.A statement that the information in the notification is accurate, and, under the penalties of perjury, that you are authorized to act on behalf of the copyright owner.
- 6.A statement that the information in the notification is accurate, and, under the penalties of perjury, that you are authorized to act on behalf of the copyright owner.
- 12.CLASSIFIED & OTHER PERSONAL LISTINGS.
In addition to all other terms and conditions of this Agreement, the following terms and conditions shall apply to any personalized advertisements, personalized web pages, product or service offerings, classified listings, and other personalized material that you may publish within the Website (collectively referred to herein as “Your Listing”).
- A.Your Listing must contain only accurate and factual information, and must not otherwise defame or disparage any other person or business entity. Notwithstanding the foregoing, Your Listing may include content that is otherwise legal and authorized under the 1st Amendment of the United States Constitution (and/or similar laws of other foreign jurisdictions).
- B.Your Listing should not contain any confidential, proprietary, personally sensitive, or other secret information in your possession or rightfully owned by others.
- C.Your Listing shall not include any text, images, audio, video, or other types of content which is pornographic, obscene, or includes any type of nudity.
- D.Your Listing, or any element thereof, shall not infringe the copyright, trademark or patent in any other work or violate any law or regulation, nor shall Your Listing solicit, promote, or endorse illegal activity of any kind.
- E.Your Listing, nor the exploitation thereof, will not violate the rights to privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person whomsoever.
- F.Your Listing must only include content for which you own all rights thereto, free and clear of any liens, encumbrances, and other third party interests, and any claims or litigation, whether pending or threatened.
- G.Your Listing must not be offensive to community standards, discriminatory, promote violence or contain false advertising, hate speech or viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful programming language.
- H.Your Listing will not harass, insult, plagiarize, or threaten other users of this Website.
- I.If Your Listing contains any offers to sell, or offers to purchase, any real property, Your Listing shall comply with all terms and conditions of the U.S. Federal Fair Housing Act (and/or any applicable foreign counterparts thereof), as well as any applicable local or state laws, regulations, or ordinances governing the marketing, sale, and/or purchase of real property.
- j.If Your Listing offers to sell, or offers to purchase, any good or service, you shall further comply with the following terms and conditions:
- 1.If you ever represent yourself as or act in the capacity of a service provider, you hereby agree and acknowledge (a) that any dispute arising between you and any other user of this Website relating to the payment of any amounts arising from a transaction or service must be addressed, litigated, resolved, and/or settled between you and such other user and, furthermore, will not involve or implicate NAUNA in any way, (b) that any dispute arising between you and any other user relating to the workmanship, quality, timeliness, completion, or amendments to any work product arising from a transaction consummated through this Website must be addressed, litigated, resolved, and/or settled between you and such other user and, furthermore, will not involve or implicate NAUNA in any way, (c) that any injury you sustain, whether personally, emotionally, physically, and/or financially, in performing any service shall not involve, implicate, or be recoverable (in whole or in part) against NAUNA, (d) that any offer to sell or sale of any service will not infringe upon the intellectual property rights of any third party, and (e) that any offer to sell or sale of any service will not violate any local, state, or federal laws of the United States or any applicable laws of any foreign jurisdiction;
- 2.If you ever represent yourself as or act in the capacity of a seller of goods, you hereby agree and acknowledge (a) that you have the full right and license to sell such goods, (b) that the offering for sale and selling of such goods shall not infringe upon the intellectual property rights of any third party, (c) that you shall lawfully own and possess such goods at the time of any offer to sell or sale of a good, (d) that any offer to sell or sale of any good will not violate any local, state, or federal laws of the United States or any applicable laws of any foreign jurisdiction, (e) that you have reviewed and believe to comply with any local, state, or federal laws of the United States or any laws of any foreign jurisdiction that apply to the offering for sale and sale of your goods, (f) that any dispute arising between you and any other user of this Website relating to the payment of any amounts arising from a transaction or purchase of a good must be addressed, litigated, resolved, and/or settled between you and such other user and, furthermore, will not involve or implicate NAUNA in any way, and (g) that any goods that you offer for sale or sell using this Website shall not include any of the following goods (or components or equivalents thereof): firearms, weapons, ammunition, martial art weapons or tools, explosives, explosive components or ingredients therefor, fireworks, child pornography or obscenity, illegal drugs or controlled substances, alcohol products, tobacco products, animate or biological objects of any kind, chemicals regulated by any agency of the United States, counterfeit goods (including counterfeit police identifications), false identification cards, any contract or ticket subject to controlled transfer obligations, burglary tools, lottery or raffle tickets, hazardous goods, batteries, stock or other securities regulated by the U.S. Securities and Exchange Commission (or other equivalent foreign agencies), sexual services, bulk email mailing lists, goods subject to any recall of any third party, and/or goods subject to limited export laws promulgated and enforced by the United States.
- 3.If you ever represent yourself as or act in the capacity of a purchaser of services or goods, you hereby agree and acknowledge (a) to timely and fully pay any and all invoices in connection with all transactions consummated through this Website and all amounts owed to any service provider or seller of goods, (b) that any injury you sustain, whether personally, emotionally, physically, and/or financially, in receiving, purchasing, and/or using any service or good of another shall not involve, implicate, or be recoverable (in whole or in part) against NAUNA, and (c) that you purchase all goods and services at your own risk, and that you hereby forever release NAUNA from any claims or damages arising from your purchase, receipt, or use of any good or service purchased from another party within or using the Website.
- 13.INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless NAUNA and its affiliates, officers, directors, employees, representatives and its third party customers and members from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees and expenses) arising from your use of this Website, use of NAUNA’s services, and/or breach of this Agreement, regardless of the nature of the cause of action or claim.
- 14.RESERVATION OF RIGHTS.
Any and all rights not expressly granted to you in this Agreement are hereby reserved by NAUNA.
- 15.GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the State of Georgia, United States of America, without regard to its conflict of laws provisions. In the event that you are accessing and using this Website from outside of the United States, you hereby agree and consent to the governing law of the State of Georgia, United States of America, and agree to resolve all disputes arising under this Agreement within a state or federal court sitting in the State of Georgia.
- 16.ASSIGNMENT.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. NAUNA may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates.
- 17.MODIFICATION.
NAUNA may at any time amend and modify this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. You may not modify this Agreement.
- 18.ADDITIONAL TERMS.
Additional and/or different terms and conditions may apply to purchases of NAUNA’s goods and services and other uses of portions of this Website. If applicable, you agree to abide by such other terms and conditions. You further agree and acknowledge that NAUNA may refuse access to the Website, and refuse to render services, to any person for any reason whatsoever.
- 19.SEVERABILITY.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- 20.ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and NAUNA relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.
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