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NOGGIN.COM TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at NOGGIN.COM is fully controlled and operated by Noggin, a business unit of MTV Networks, a division of Viacom International, Inc ("NOGGIN.COM"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of NOGGIN.COM. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on April 7, 2003.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of NOGGIN.COM and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. NOGGIN.COM hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of NOGGIN.COM. Use of NOGGIN.COM and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
POSTINGS
To the extent that portions of this Site provide users an opportunity to submit, post, and exchange ideas, information, photographs, images, creative works, and other material (the "Postings") and their online user names (the "User Names"), please be advised that Postings do not necessarily reflect the views of NOGGIN.COM. In no event shall NOGGIN.COM assume or have any responsibility or liability for any Postings or User Names or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings and User Names you provide and all information they contain and that such Postings and User Names shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant NOGGIN 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.
By submitting a Posting, you hereby authorize NOGGIN.COM to use, and authorize others to use, your Postings and User Names 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, including without limitation commercial use on and advertising and promotion of the Site. Without limiting the foregoing, NOGGIN.COM will have the right to use and change the Postings in any manner, either with or without the User Name, that NOGGIN.COM may determine. Notwithstanding the foregoing, NOGGIN.COM will have no obligation to use the Postings or the User Names. Additionally, NOGGIN.COM may sweep its Postings regularly in its sole discretion. Please be advised that in no event shall NOGGIN.COM 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 NOGGIN.COM, affiliated television program services or elsewhere.
NOGGIN.COM does not allow, and you agree not to provide, any Postings
which contain:
- Private or personal information which might identify a
user
- Profanity or obscenities
- Personal attacks on other individuals
- Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
- Other information that NOGGIN.COM deems in its sole discretion to be inappropriate for this Site.
The activities and message boards may be used by visitors to our site for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although NOGGIN.COM regularly monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, NOGGIN.COM will make every effort to ensure that the activities message boards best serve the interests of all users and, therefore, NOGGIN.COM reserves the right to refuse to post, edit, or delete postings that contain any of the above referenced elements, as well as revoke the privileges of users who do not comply with such rules.
CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES
NOGGIN.COM provides Rules of Participation for certain activities on this Site including, without limitation, contests and sweepstakes conducted by NOGGIN.COM and those in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
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. NOGGIN.COM 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 material rests with you. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOGGIN.COM,
AFFILIATES, 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 NOGGIN.COM OR ANY THIRD PARTY. Notwithstanding
the foregoing, in no event shall NOGGIN.COM'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.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or banners generated by
third parties does not constitute endorsement by NOGGIN.COM, its parent(s),
subsidiaries and/or affiliates, of the opinions or views expressed
by these third party websites NOGGIN.COM does not verify, endorse,
or take responsibility for the accuracy, currency, completeness or
quality of the content contained at these sites. Furthermore, NOGGIN.COM
is not responsible for the quality or delivery of the products or
services offered, accessed, obtained by or advertised at such sites.
As such, neither NOGGIN.COM nor 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. Finally,
NOGGIN.COM 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
third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, NOGGIN.COM, 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. NOGGIN.COM 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 NOGGIN.COM in
asserting any available defenses.
MISCELLANEOUS
NOGGIN.COM operates and controls this Site from its offices at 1633 Broadway, New York, New York 10019, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported 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. 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. 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 New York 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 New York.
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