Terms and Conditions
TERMS AND CONDITIONS OF USE
Welcome to the NoVAJDM.com. The NoVAJDM.com Forum (the “Forum”) is provided to you for your personal entertainment, information, education and communication through our featured content and interactive forums on the World Wide Web.
Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the NoVAJDM.com Forum and content posted on the NoVAJDM.com Forum, your rights, obligations, and restrictions regarding your use of the NoVAJDM.com Forum and the NoVAJDM.com Forum’s Privacy Policy found here.
By accessing the NoVAJDM.com Forum, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use the NoVAJDM.com Forum and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the NoVAJDM.com Forum.
the NoVAJDM.com Forum may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the NoVAJDM.com Forum. You agree to be bound to any changes to these Terms and Conditions when you use the NoVAJDM.com Forum after any such modification is posted. Is it important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the NoVAJDM.com Forum and the services it offers and supersede any such prior terms.
Without limiting any other provisions of this Agreement, you may not use the NoVAJDM.com Forum for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to the NoVAJDM.com Forum may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason. You expressly agree not to:
Use the NoVAJDM.com Forum or its contents for any commercial purpose;
Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and
“frame,” “mirror” or otherwise incorporate any part of the NoVAJDM.com Forum into any other website without our prior written permission.
Content on the NoVAJDM.com Forum
The material on the NoVAJDM.com Forum is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the NoVAJDM.com Forum, including but not limited to text, audio, video, code, and software. During your visit, however, you may download material displayed on the NoVAJDM.com Forum for non-commercial, personal use only (if you also retain all copyright and other proprietary notices contained on the materials). the NoVAJDM.com Forum neither warrant nor represent that your use of materials displayed on the NoVAJDM.com Forum will not infringe rights of third parties not owned by the NoVAJDM.com Forum or affiliated with the NoVAJDM.com Forum.
the NoVAJDM.com Forum may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to the NoVAJDM.com Forum or others (“Post” or “Postings”). Postings do not reflect our views; and the NoVAJDM.com Forum does not have any obligation to monitor, edit, or review any Postings on the NoVAJDM.com Forum. the NoVAJDM.com Forum assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the NoVAJDM.com Forum. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
Strong, vulgar, obscene, or otherwise harmful language,
Racially, ethnically, or otherwise, objectionable language,
Harassing, intimidating, stalking, or threatening other community members,
Libelous, defamatory, or otherwise tortuous language,
Online vandalism,
Impersonation of another person,
Posting, distributing, transmitting, or promoting illegal content,
Invasion of another’s privacy,
Actions that are hurtful to minors,
Posting, providing, transmitting, or otherwise making available any materials or information infringing on the rights of a third party,
Posting, providing, transmitting, or otherwise making available any junk mail or spam, and
Posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the NoVAJDM.com Forum.
Posting affiliate/commercial links anywhere on the forum. You agree not to post, or otherwise make available, content that constitutes or contains “affiliate marketing,” “link referral code,” or “unsolicited commercial advertisement.”
NoVAJDM.com will fully cooperate with any law enforcement authorities or court order requesting or directing the NoVAJDM.com Forum to disclose the identity of anyone posting any such information or materials.
Intellectual Property
You represent and warrant that: (i) you own the content posted by you on or through the NoVAJDM.com Forum or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By displaying or posting content on the NoVAJDM.com Forum, you hereby grant the NoVAJDM.com Forum a nonexclusive global license to publish the content submitted by you to the NoVAJDM.com Forum. You also grant the NoVAJDM.com Forum global nonexclusive adaptation and resale rights over any content and material submitted to the NoVAJDM.com Forum. Aforementioned content can and may be retained by the NoVAJDM.com Forum indefinitely. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within the NoVAJDM.com Forum, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the NoVAJDM.com Forum. Neither the NoVAJDM.com Forum nor the NoVAJDM.com Forum’s staff will be responsible for any misleading, false, or otherwise injurious information and advice communicated on the NoVAJDM.com Forum or for any results obtained from the use of such information or advice. the NoVAJDM.com Forum will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained on the NoVAJDM.com Forum.
All user generated content, posts, and discussions, contained on the NoVAJDM.com Forum are the intellectual property of the NoVAJDM.com Forum. the NoVAJDM.com Forum reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users of the NoVAJDM.com Forum, with our own internal tracking.
Links
the NoVAJDM.com Forum may provide links to other websites or resources. Because the NoVAJDM.com Forum has no control over such sites and resources, you acknowledge and agree that the NoVAJDM.com Forum is not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the NoVAJDM.com Forum shall not be liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, the NoVAJDM.com Forum hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.
Infringement Policy
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the NoVAJDM.com Forum reserves the right, but not the obligation, to terminate your license to use the NoVAJDM.com Forum if the NoVAJDM.com Forum’s staff determine in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. the NoVAJDM.com Forum accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), the NoVAJDM.com Forum has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
the NoVAJDM.com Forum
{physical address}
clubnovajdm@gmail.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the NoVAJDM.com Forum to locate the material.
Information reasonably sufficient to permit the NoVAJDM.com Forum to contact you, such as your address, telephone number, and/ or 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 or other proprietary right owner, its agent, or the law.
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 or on behalf of the person defamed.
Indemnity
By accessing and using the NoVAJDM.com Forum’s services, you agree to indemnify and hold the NoVAJDM.com Forum, and it’s subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the NoVAJDM.com Forum or through the NoVAJDM.com Forum’s services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that the NoVAJDM.com Forum is provided “As-Is” and that the NoVAJDM.com Forum assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the NoVAJDM.com Forum. Nor does the NoVAJDM.com Forum assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the NoVAJDM.com Forum OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL the NoVAJDM.com Forum OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the NoVAJDM.com Forum OR ITS SERVICES EVEN IF the NoVAJDM.com Forum HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion, or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving the NoVAJDM.com Forum or its Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Florida with respect to such matters. the NoVAJDM.com Forum make no representation that materials on the NoVAJDM.com Forum are appropriate or available for use in other locations and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the NoVAJDM.com Forum from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.