TERMS AND CONDITIONS OF USE
A. Acceptance of Terms
Nickel Mustard, LLC (“Nickel Mustard”), the owners of NickelMustard.com provides this web site (the “Web Site”) and its service to you, subject to the following Terms and Conditions of Use ( the “Terms”). Your use of this Web Site constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”).
B. Description of Service
Nickel Mustard provides users with access to a rich collection of reviews, resources and information through this Web Site, and allows users to post content on the Web Site (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that Nickel Mustard assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
C. Modifications to Service
Nickel Mustard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nickel Mustard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Nickel Mustard may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web Site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use this Web Site after the notice is posted, you are indicating your acceptance of those changes.
D. Personal Use Allowed; Copyright and Intellectual Property Restrictions
Nickel Mustard gives you permission to access and use the Web Site for the your personal use only. All information and software displayed, transmitted or carried on the Web Site including, but not limited to, menus, articles, opinions, views, text, lists, charts, photographs, images, illustrations, music, audio clips, video clips, message boards, chat rooms, trademarks, service marks and the like (collectively, the “Content”) is protected by copyright and other intellectual property laws. Nickel Mustard, its partners, affiliates, licensors, contractors, advertisers, and/or other 3rd parties own the Content. You may use, copy, distribute and transmit the Content only to the extent that such is done automatically and incidentally through the your browser software as part of your personal use of the Web Site. You agree that you WILL NOT modify, publish, copy, transmit, transfer, sell, participate in the transfer or sale, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content without the express prior permission of Nickel Mustard or the proper owner. Further, you agree to abide by all copyright notices and restrictions attached to any Content accessed through the Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content. You further understand and acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Nickel Mustard, LLC and NickelMustard.com logos and product and service names are trademarks of Nickel Mustard. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Nickel Mustard provides news and information sites and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. The provisions of this paragraph shall survive the termination of this Agreement.
E. Your Conduct
You agree: (I) to conduct yourself in a reasonable manner which does not create a hostile environment for other members, subscribers, participants or users; (II) to use the Web Site for lawful purposes only and in a manner consistent with these Terms; (III) not to use, type, post, upload, distribute or transmit any of the following material in and/or through the Web Site or our services: (a) material which violates or infringes in any way upon the rights of another; material that is protected by copyright, trademark or other proprietary right and the burden of determining that any material is not protected by any such right rests solely with you (NOTE: You shall be solely liable for any damage resulting from any infringement of such rights or any harm resulting from such a submission.); (b) material which is unlawful, vulgar, profane, obscene, or indecent; (c) bigoted or hateful terms, statements, or other material; (d) defamatory material; (e) material which threatens or abuses another person or the Web Site; (f) material which advertises or solicits for any product, service, or company (including, but not limited to, the solicitation of members, subscribers, participants or users to become users of other web sties competitive with Nickel Mustard); (g) materials which promote illegal activity; (h) “spam” or large quantities of unsolicited material; or (i) any material which promotes or encourages conduct that would constitute a criminal offense or give rise to civil liability; (IV) to use Nickel Mustard sites solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity, and (V) not to restrict, prevent or inhibit any other member, subscriber, participant, user or visitor from the use and enjoyment of the Web Site. This paragraph shall survive the termination of this Agreement.
F. Your Submissions to the Web Site or Nickel Mustard
By submitting any review, comment, material, information or content to the Web Site or Nickel Mustard (excluding any identification information submitted by you to subscribe to the Web Site or information sent through the “Contact Us” page that is designated by you as “not for publication”), you automatically grant and/or warrant that that the owner of such review, comment, material, information or content has expressly granted Nickel Mustard a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, copy, alter, modify, adapt, publish, transform, disclose, exhibit, edit, abridge, translate, create derivative works from and/or distribute such review, comment, material, information or content worldwide and/or to incorporate it into other works known or created in the future without limitation or restriction. You also permit any other member, subscriber, or other user to view, access, store or reproduce the material for that individual’s personal use. Furthermore, Nickel Mustard is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Nickel Mustard for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
We reserve the right, but not the obligation, to monitor the content of the Web Site, including any review postings, chat room, message boards and or any other forums to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. We may also, in our sole discretion and for any reason, edit, refuse to post or remove any material submitted or posted on the Web Site. The provisions of this paragraph shall survive the termination of this Agreement.
H. Sponsors, Third Parties and Advertisers
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Nickel Mustard shall not be 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 sponsors, third parties or advertisers on the Service.
Nickel Mustard may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Nickel Mustard has no control over such sites and resources, you acknowledge and agree that Nickel Mustard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nickel Mustard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
J. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NICKEL MUSTARD EXPRESSLY DISCLAIMS 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.
b. NICKEL MUSTARD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NICKEL MUSTARD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY NICKEL MUSTARD OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY NICKEL MUSTARD AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
K. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NICKEL MUSTARD SHALL NOT BE LIABLE 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 NICKEL MUSTARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
L. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS J AND K MAY NOT APPLY TO YOU.
The failure of Nickel Mustard to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
N. Headings for Convenience Only
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please use the Contact Us page to report any violations of the Terms.
You agree to indemnify, defend and hold Nickel Mustard harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
S. Entire Agreement
This Agreement and any other terms and conditions of service on any Nickel Mustard property constitute the entire agreement between you and Nickel Mustard and govern your use of the Service.
T. Refusal or Discontinuance of Service
Nickel Mustard reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
U. Choice of Law and Forum
This Agreement will be governed by the laws of the State of Missouri. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Missouri and you agree to personal jurisdiction by the state and federal courts sitting in the State of Missouri, County of Jackson. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
V. Legal Complaints
Nickel Mustard, LLC respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim below.
If you believe that Content on the Services violates your copyright, please send us a notice of the violation using the following contact information:
Nickel Mustard, LLC
P.O. Box 771842
St.Louis, MO 63177 – USA
Your notice must include:
- 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 a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints below.
Other Legal Complaints
If you have a legal complaint regarding the Services other than copyright matters, or wish to receive further information regarding use of the Services, please contact us. You may also submit comments using the postal address below:
Nickel Mustard, LLC
P.O. Box 771842
St.Louis, MO 63177 – USA
Your complaint must:
• identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;
• explain what rights you have and why you believe the material violates your rights; and
• provide accurate information that we can use to contact you.
W. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.