»Last Updated: April 19th, 2012
Welcome to the NisesomiTM Family of Websites.
Because we reserve the right to change the PPToS at any time, we recommend visiting this page periodically to make sure that the PPToS have not changed since your last visit. By using these Websites, you agree to be bound by all of the current PPToS. If we change these PPToS, the “Last Updated” date at the top of this page will be changed.
»Special Note to non-US visitors:
Visitors to the Websites from outside of the United States are advised that our Policy is intended to meet the laws and requirements of the United States, which may not necessarily be the same as the laws and regulations of your home country. We recommend that you NOT provide Personal Information if you are not a resident of the United States or if you are concerned about your rights outside your home country. Any information that you provide to us online will be treated in accordance with the laws and regulations of the United States.
»Personal Information Collected:
In order to give you the best experience on our Websites, we may collect various types of information about you, including personal, demographic, and aggregate information.
We may ask users to submit personal or demographic information in connection with activities such as registration and log-in, e-mail newsletters, contests, and e-mail correspondence. The types of information requested for each activity and the ways the information may be used are described below. This is not intended to be a complete list of activities.
»Online Registration and Log In:
If you wish to register with us online, you will be required to create a user-name and password as well as submit information such as your email address. We may also ask you for demographic information such as your gender, age, and location. The information submitted to us during this registration process may be used to personalize content or to provide you access to certain members-only areas of our Websites (ex. the ability to post comments).
The ability to log-in is available only to those users that have already registered and created a password during an earlier visit to one of our Websites. To log-in, you must submit your user-name and password. This information is collected so that we can easily retrieve, via a cookie, your preferences.
»Cookies, User Tracking:
Cookies are small text files that a website places on your computer’s hard drive whenever you visit the website. These files identify your computer and record your preferences and other data about your visit so that when you return to the website, the website knows who you are and can personalize your visit.
Cookies may be linked to Personal Information about you and are used to prevent you from having to re-enter your registration data (ex. user-name and password) at each visit to one of our Websites. In addition, we may use the information collected by cookies for other purposes, such as helping us determine how to improve our Websites by seeing which areas, features, and products are most popular; thus personalizing the Websites. Most browsers are automatically set to accept cookies; however, you can disable cookies or set your browser to alert you when cookies are being sent. If you turn off cookies, portions of the Websites may not perform correctly. Please see your browser’s documentation for further information on disabling cookies.
Log Files and IP Addresses…
We maintain log files, which contain Internet Protocol (“IP”) addresses. An IP address is a numeric address that is assigned to your computer, router, gateway device, etc., by your Internet Service Provider (“ISP”) or network administrator. Normally, we do not link IP addresses to Personal Information. In general, we only use log files to monitor traffic on our Websites and to troubleshoot technical problems. In the event of abuse we may block certain IP addresses, and reserve the right to link the IP address to the login information of a specific user, and thus to Personal Information, to protect our Websites. If required for legal purposes, and to abide with the laws of the United States, we may link an IP address with Personal Information.
We use a common Internet technology called “Web beacons” (also called “Web bugs,” “action tags,” “pixel trackers,” or “clear GIFs”) on some of our Websites. Web beacons are small graphic images placed on a web page, web-based document, or in an email message that are designed to allow us or our vendors to collect certain information and monitor user activity on our Websites. Web beacons are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use Web beacons to collect Personal Information about you. We may use Web beacons to collect non-personal information such as the IP address of the computer that the Web beacon is sent to, the URL of the page the Web user comes from, and the time the Web beacon is activated (such as when you view the Web page, advertisement, or email message that contains the Web beacon). We do not link such non-personal information to Personal Information. This allows us to more effectively manage our database of active registered users. We may also use Web beacons to display email messages in the appropriate HTML or text format. From time to time, we may permit vendors to place Web beacons on our Websites or in email messages sent on our behalf. Web beacons used by our vendors collect the same types of information and are treated in the same manner as specified above.
Collecting / Sharing…
Email Correspondence and Other Communication…
We may respond to your email correspondence and communications if such correspondence includes a return email address. Because an email address is Personal Information, we protect the privacy of the sender by limiting access to these email messages. Only staff that have a legitimate business need to access the email messages are allowed to do so. For quality control purposes, email messages may be kept for any period of time. There may be certain cases where hard copies will be kept on file, such as email messages concerning complaints or Website issues. Information from such email messages will not be used for marketing purposes.
Children Under 18…
Our Websites are not intended for use by children under the age of 18 without legal parental or guardian consent. We do not encourage children to be allowed to ‘surf’ the internet alone. Parents need to take an active role in any activities their child is performing on a computer, console, or any other device connected to the internet.
We apologize, but unfortunately we do not currently have the means to support a Parental Consent Form for activities that require registration on our site, and thus Personal Information as described in our PPToS may be collected of any and all visitors to any of our Websites until further notice.
If you no longer want to have an account with us, for us to send you email, regular mail, or other messages about our products and services, you can opt-out at any time by filling out the Email Form with your name and email address, with the subject “REMOVE”. We will remove your account as soon as possible, usually within 30 days. You may still receive communications from us that were sent prior to the removal of your account. Please note that this request will remove your account from all Websites covered by this PPToS.
Third Party Websites…
We maintain reasonable safeguards in an effort to ensure the security, integrity, and privacy of the Personal Information we collect. We limit access to Personal Information to staff performing a legitimate business function. Despite our efforts, no security measure is ever perfect or impenetrable. It is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users. We do not own, nor operate the server(s) that host the Websites mentioned in this PPToS, and thus cannot guarantee the security of any information provided by visitors. For information on the security of our server(s), please visit our hosting company: Downtown Host.
»If you do not agree to our policies, do not continue using our Websites.
II. Terms of Service
Do not forget that you are legally obligated to the Terms of Service noted in this document as well as to any other agreements, terms and rules that we tell you apply to your use of our Websites.
Here are the Terms of Service we expect you to follow:
1. ABILITY TO ACCEPT TERMS of SERVICE
These Terms of Service form a legally binding contract between you and us. By using our Websites, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
2. ACCOUNT AND NON-ACCOUNT USERS
3. USE OF YOUR INFORMATION
If you use our Websites you also agree that through your use of the Websites, you may be provided with information about Nisesomi’s or a third party’s products or services, including promotions, advertisements, product placements or marketing materials within the Websites. You acknowledge that Nisesomi does not endorse any of the products or services advertised, promoted or marketed by third parties.
4. OWNERSHIP OF CONTENT ON WEBSITES
Everything on or used in connection with our Websites, including, but not limited to text, images, graphics, logos, audio and video content and software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by us or our affiliates, subsidiaries, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Websites enable you to download or save) without our express permission.
Here is what permission we do give you to use the Content. First, we give you permission to use the Content to surf and view our Websites, which means displaying or loading the Content on your computer, or other internet connected device, in connection with typical web browsing activity. Second, we give you permission to use the Content for your personal, non-commercial uses. This means, however, that you do not have our permission to distribute the Content, to publicly display the Content, charge any fee for it, use the Content to create your own website, construct a database with the Content or replicate our Websites or any parts of it elsewhere. (We intend these only as examples and are not an exhaustive list of things you cannot do with our Content).
Regardless of the permissions we give you to use the Content, we remain the sole owner of our Content, and you do not acquire any ownership rights in any of the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice, or other legal notices on the Content, removal or alteration any of these is prohibited.
A. USER CONTRIBUTIONS
In legal terms, by submitting your contribution(s) to our Websites, you grant Nisesomi a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your contribution(s), in any form, format or medium of any kind now known or later developed, both on our Websites and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any contribution(s) you provide to us.
5. USER GENERATED CONTENT
Some of the Websites have tools that allow you to communicate with other users and to create, post, upload, share and distribute various forms of Content for and in connection with the Websites, including pictures, photographs, videos and other information or materials (collectively, “User Generated Content”). Keep in mind that User Generated Content does not include your comments, blog and message board postings. If you post your insights, ideas, opinions and comments on our blog site or message boards, you cannot prevent Nisesomi or other members of the community from using them, and you give your consent to Nisesomi and anyone else to use your posts in any manner. Content submitted as contribution(s) to any of our Websites does not fall under User Generated Content, and will be treated in accordance with Section 4 above.
A. YOUR USE OF USER GENERATED CONTENT
Users on our Websites can upload or share content with each other, however we do not authorize you to upload or share on our Websites certain items and content. Do not create, transfer, share, send, submit, post or upload any User Generated Content that:
Is protected by copyright, trademark, patent or trade secret or subject to third-party proprietary rights, including rights of privacy and publicity – unless you are or have permission from the rightful owner;
Contains fraudulent statements or misrepresentations that could damage us or any third party;
Contains any statements or materials that disparage, ridicule or scorn us or any third party;
Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
Is an advertisement, solicitation of business or engages in any commercial activity on the Websites;
Is an impersonation of another person;
Produces SPAM on or throughout the Websites publicizing a product or event; or
B. LICENSE FOR USER GENERATED CONTENT
If you post, upload or make available any User Generated Content on our Websites, you will still own the User Generated Content (assuming you have rights to own it) but you are giving us the right to use your User Generated Content. If you create, transfer, share, send, submit, post or upload any User Generated Content to our Websites, you grant us certain rights to use it (described below) without getting your further permission or having to pay you for it. Content submitted as contribution(s) to any of our Websites does not fall under User Generated Content, and will be treated in accordance with Section 4 above.
In legal terms, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Websites, you grant Nisesomi a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed, both on these Websites and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any User Generated Content you provide to us.
In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Websites, you acknowledge that other users of the Websites may use your User Generated Content. Nisesomi is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user of the Websites, you are responsible for contacting the other user directly; do not contact Nisesomi.
C. SCREENING AND REMOVAL OF USER GENERATED CONTENT
Nisesomi may or may not pre-screen User Generated Content. Nisesomi has the right (but not the obligation) to move, remove, block, edit, or refuse to post any User Generated Content for any reason, including User Generated Content that violates these Terms of Service or other applicable terms, rules or agreements between you and us.
D. RISK FROM USER GENERATED CONTENT
We cannot and do not monitor or manage all User Generated Content. We therefore do not make any promises about the accuracy, integrity or quality of User Generated Content and do not endorse it in any manner. In other words, enjoy what other members post or share, but do it at your own risk.
All User Generated Content made available on the Websites is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Generated Content that you provide.
6. YOUR COPYRIGHTED WORK
Just as Nisesomi requires users of our Websites to respect our copyrights and those of our affiliates, licensors and business partners; we respect the copyrights of others. To that end, we have adopted this Copyright Policy in accordance with the Digital Millennium Copyright Act (“Copyright Act”) (17 U.S.C. 512 et seq.).
If Nisesomi receives proper notification of an alleged copyright infringement, or if Nisesomi comes to believe in good faith that any specific content infringes on the copyright rights of another entity, including User Generated Content; Nisesomi may (1) promptly remove or block access to the content from the Website(s) for further review, or (2) deny access to the Website(s) to users that repeatedly violate copyright or other intellectual property rights. Nisesomi will not be required to notify any user or party of the reason for removal of content from the Website(s). Even if content is determined not to infringe on copyright rights, Nisesomi at its sole discretion, may or may not, place the content back on the Website(s) or allow access to the content.
If you believe in good faith that your copyrighted work has been reproduced on one of our Websites without your authorization in a way that constitutes copyright infringement, you or a person authorized to act on your behalf, may notify Nisesomi by mail at the following address:
6462 Stella Luna Dr.
Colorado Springs, CO 80923-4438
At this time, we do not have any other means of contact for copyright issues. When or if, we have additional means of notification, this document will be updated.
Pursuant to federal law, your notice must include the following information:
A physical signature of a person authorized to act on behalf of the owner of the copyright that you alleged is being infringed;
Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works on the Website are included in a single notification, a representative list of all those works on the Website, with a separate notification for each individual Website the infringement occurs on;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Your contact information, including address, telephone number, and, if available, email address;
A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which Nisesomi is located, and that you will accept service of process from the person who provided notification or an agent of such person. A statement made under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right under the Copyright Act that is allegedly infringed.
Supplying a Counter-Notice Regarding Alleged Copyright Infringement
All Content submitted to the Websites can be removed by Nisesomi at its sole discretion, at any time, for any reason, without any notification to any user or party; thus, no Counter-Notice Regarding Alleged Copyright Infringement shall be accepted as valid. All Content on the Websites will be treated in accordance with Section 4 above. All User Generated Content will be treated in accordance with Section 5 above.
7. CODE OF CONDUCT
To allow the community on our Websites to develop and grow in a healthy and respectful fashion, we have some rules that everyone needs to follow. Unfortunately, anyone who can’t follow these rules may be banned from using the Websites. If you are logged into a Website, please note that these Terms of Service still apply.
You are not allowed to provide anyone with your real name or any other personally identifying information or the name, phone number, address, password or any other personally identifying information of any other person or business through any means on our Websites, including messaging, chat or any other forms of communication available through the Websites.
You are also prohibited from engaging in any of the following:
8. REPORTING ABUSE
To report violations of these Terms of Service, please complete this form with “ABUSE” as the subject. Please include a detailed description of the abuse you witnessed, where on the Website(s) it occurred (the URL(s) or title of the page(s) would help greatly), the time the abuse occurred if by a user, and if known the user-name. Nisesomi takes abuse seriously, and will take all reasonable actions to stop further abuse in accordance to our Terms of Service. Please understand that we may not respond to your report of abuse. If we determine that abuse did not occur, we are not required to contact you regarding our decision. If allegedly abusive content is reported, we may (i) modify the content to remove the abusive portion, or (ii) place a clearly visible notification in or on the content as to why the content was left as-is, or (iii) do nothing if we find the content not to be abusive. We are not required to contact you, or any other party, regarding our decision concerning the allegedly abusive content.
9. HOT-SPOT AND INTERNET SERVICE PROVIDERS
10. LINKING POLICY
If you link to these Websites from another web site: (i) the link must not damage, dilute or tarnish the goodwill associated with any Nisesomi name or entity; (ii) the link must not create the false appearance that the other website is sponsored by, endorsed by, affiliated with or associated with Nisesomi; (iii) the website may not “frame” or alter these Websites in any way; and (iv) the linked website may not be unlawful, abusive, indecent or obscene, promote violence or illegal acts, be libelous, defamatory or otherwise deemed inappropriate, as determined by us in our sole discretion; and (v) the linked website may not display our Content, including any of our logos, to create a link, without our prior written consent.
Our Websites may allow you to link to third-party websites. Just because third-party website links exist on our Websites does not mean that we have thoroughly evaluated the third-party websites. Those third-party websites do not belong to us, and we have no control over and assume no responsibility for the content, accuracy, usefulness, safety, privacy policies or practices of these websites. By using our Websites, you expressly relieve Nisesomi of any and all liability arising from your use of any third-party websites linked to our Websites. Enjoy the links, but do so at your own risk.
11. SWEEPSTAKES, CONTESTS AND PROMOTIONS
From time to time, these Websites may provide information about sweepstakes, contests or promotions that may be governed by a separate set of rules and may also have eligibility requirements. You must read those rules to determine whether or not your participation, registration or entry will be valid and to determine all other applicable requirements.
12. WARRANTY DISCLAIMER
We really hope you enjoy the Websites, and we also hope the Websites will function properly. Your use of the Websites, however, is at your sole risk. To the fullest extent permitted by law, Nisesomi, its officers, members, directors, shareholders, employees representatives, and agents disclaim all warranties, express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, in connection with the Websites and your use of them. Nisesomi makes no warranties or representations about the accuracy or completeness of the Websites, and assumes to the maximum extent permitted by law no liability or responsibility for any (a) errors, mistakes or inaccuracies on the Websites; (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Websites; (c) unauthorized access to or use of our secure servers or any and all Personal Information that is not submitted using a secured transmission; (d) interruption or the cessation of transmission to or from our Websites; (e) bugs, viruses, trojan horses or the like that may be transmitted to or through our Websites by any third-party; or (f) errors or omissions on our Websites or for any loss or damage of any kind incurred as a result of your use of any content available via the Websites. Nisesomi does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through our Websites or any hyperlinked website or feature in any banner or other advertising, and Nisesomi will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
13. LIMITATION OF LIABILITY
We have to throw in some more legal language we need to protect us so that we can provide you the benefits of the Websites. In no event will Nisesomi, its officers, members, directors, employees, shareholders, representatives or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (a) mistakes or inaccuracies of content on the Websites, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Websites, (c) any unauthorized access to or use of our secure servers or any and all non-secured personal information (d) any interruption or the cessation of transmission to or from the Websites, (e) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Websites; or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or made available via the Websites, whether based on warranty, contract, tort or any other legal theory and whether or not the company is advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.
Nisesomi at its sole discretion may modify the provisions of these Terms of Service at any time. You are responsible for reviewing these Terms of Service each time you use these Websites. By using the Websites, you agree to be bound by all current Terms of Service.
16. INDEPENDENT PARTIES
You and Nisesomi are independent parties, and nothing in these Terms of Service constitutes a partnership between or joint venture of you and Nisesomi or to make either party the agent of the other. You are not allowed to hold yourself out contrary to the terms of this paragraph (so please don’t), and Nisesomi is not liable for any representation, act or omission by you contrary to the provisions of these Terms of Service.
Nisesomi has the right to terminate your access to use the Websites for any reason, including for violation of these Terms of Service. If we ever terminate your access to the Websites, sections 3-9, 12, 13, 15 – 19 of these Terms of Service will still apply to you.
18. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Websites or these Terms of Service must be filed within sixty (60) days after the claim or cause of action arose or be forever barred.
19. GOVERNING LAW AND JURISDICTION.
These Terms of Service and all questions relating to the performance, interpretation, breach or enforcement of these Terms of Service, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of Colorado. You agree that all disputes, claims or litigation arising from or related in any way to these Terms of Service and our relationship with you will be litigated only in a court of competent jurisdiction located in El Paso County, State of Colorado. You agree to be subject to personal jurisdiction and venue in that location.
There is just a little bit more left...
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