- PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE NoizeAddict.COM, WEBSITE (the "Site"). This Site is fully controlled and operated by Noize Pollution, Inc. ("NP" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of NP (the "Agreement"). Please note that this Site and the Services (as defined herein) offered are only open to users 13 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site. By registering for the Site, you will automatically be registered to use NP’s other websites and all of the services offered by each, including by not limited to chart rooms, message boards, email services, instant messaging, auctions, shopping, links, contests, sweepstakes, and customized homepages (collectively, the "Services").
- NP reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms and conditions at any time with or without notice. Such changes and/or modifications shall become effective immediately upon the posting thereof. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and conditions.
- Permitted Use: You are only authorized to view and to retain a copy of pages of this Site for your own personal use. Any reproduction, publication, or further distribution or public exhibition of materials provided at this site in whole or in part is strictly prohibited. The content and software on this Site is the property of NP and/or its suppliers and is protected by United States and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
- User Contributions to the Site: To the extent that portions of this site provides users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, audio, creative works, or any other material (hereafter, the "Posting(s)"), please be advised that Postings do not necessarily reflect the views of NP. In no event shall NP assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. Users can be held liable for any illegal or prohibited User Postings they provide to the Site or to other users, including among other things, infringing, defamatory or offensive materials. By submitting a Posting, you authorize NP to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant NP permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, NP will have the right to use and change the Postings in any manner that NP may determine. Please be advised that at in no event shall NP assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on NP’s websites, affiliated services or elsewhere. Please also understand that your Postings shall not be returned by NP. You agree to defend, indemnify and hold NP, its parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. The NP chatroom/bulletin board/posting area may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activitiy. Although NP periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, NP will make every effort to ensure that the chatroom/bulletin board/posting area best serve the interests of all users and, therefore, NP reserves the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user’s password and username. If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please contact us at
[email protected] and we will investigate your claim and take appropriate action.
Disclaimer and Limitation of Liability: THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NP is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any materials rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NP, ITS AFFLILATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NP OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall NP’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Links and Search Results: The appearance of external hyperlinks does not constitute endorsement of NP, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and NP does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, NP is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither NP, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall NP assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, NP will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
The Site may automatically produce search results that reference or links to third party sites throughout the World Wide Web. NP has no control over these Sites or the Content within them. NP can not guarantee, represent or warrant that the Content contained in the Sites is accurate, legal and/or not offensive. NP does not endorse the Content of any third party Site, nor does NP warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against NP for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at [email protected], and we will investigate the link and take appropriate action.
INDEMNIFICATION: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). You agree to indemnify, defend and hold harmless, NP, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. NP reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with NP in asserting any available defenses.
Prohibited Content: The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
- Is offensive to the community such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
- Harasses or advocates harassment of another person or user;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
- Displays pornographic material of any kind;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone’s privacy; providing or creating computer viruses;
- Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without NP’s prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.
- Involves sending unsolicited and/or unauthorized email to third parties.
- Violation of the Terms: You understand and agree that in NP’s sole discretion, and without prior notice, NP may terminate your access to the Site, to any email services offered on the Site, and remove any unauthorized User Posting(s) and/or User Content, if NP believes that the User Posting(s) and/or User Content you provided has violated or is inconsistent with the Terms or with the intention behind them, or that you have violated the rights of NP, another User or the law. NP may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
- MISCELLANEOUS: NP operates and controls this site from its offices at 4221 Wilshire Boulevard, Los Angeles, CA 90010, United States of America. This Site is intended exclusively for residents of the United States. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Los Angeles, California. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.