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Terms of Service
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Noozit: Terms of Service (Yes, please DO read them!) 1. Welcome to Noozit! By using Noozit.com's site and tools, you are agreeing to the following terms and conditions ("Terms of Service"). These Terms apply to our Noozit "Members" (all registered account holders who are privileged to rate articles with "Applause"), and Noozit "Authors" (registered account holders who also compose "Articles") . If you're signing up to be a basic Member who only reads and rates articles, these terms will cover more than you might need. If you're signing up to be both a Member and a Reporter, these terms will continue to apply to you and any content that you write or upload to Noozit. This is a collaborative effort between you and Noozit to provide fresh content to the Web so for our mutual protection, we are describing very clear and specific guidelines. Our intention is to treat every Member and Author fairly and with respect. We invite you to let us know how we can do better through this email address: <a href="mailto:feedback@noozit.com">feedback@noozit.com</a>. We may change these Terms occasionally; but you can always check in on the most current version at http://www.noozit.com/TOS. 2. Description of Noozit Services The current Noozit site is a Beta Test version, so changes may be made in its functionality and design without warning in response to your feedback. Noozit provides a collection of resources to registered account holders ("Members" and "Authors"), including tools for writing and posting "Articles" that may include uploaded digital photographs and audio files, and tools for linking to streaming video and other Web links. Noozit also provides a tool for rating articles ("applause"). Noozit Authors are also provided tools for direct input of audio, text messages and photos sent through cell phones. Any Member can post an article or a description of an original "user-created" article found on another Web site, along with a link to that article. Any Member can also search for content on the Noozit site by "tags". In order to use the Service, even in any closed or open beta stages, including new services or functionality that may be made available by Noozit from time to time, Members and Reporters must abide by these Terms of Service. If a Member fails to follow these rules, Noozit can discontinue their ability to use the Service as a Member or Reporter. In addition, we have the right to delete your articles, links and media uploads without notice if we see evidence of abuse or other inappropriate activity. (See more about this in Item 10). Here's what you need to do to get started: 1. Connect. Noozit is a Web site that works on Macs, PCs, and in all Internet browsers. 2. Register as a Member. In order to use the Service, you need to have a valid Member ID. If any information that you provide during registration is not accurate (or if Noozit has reasonable grounds to believe so), then as detailed further below under "Termination," Noozit has the right to suspend or terminate your account and refuse to grant you further access to the Service. You will receive a registration confirmation email at the email account you provide us. Your Noozit account will not be activated until you respond to the email by clicking on the link enclosed. Please check your spam filters if you're not hearing from us! You will be responsible for any activities that take place under your name and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please cancel your account immediately. It is up to you to maintain the confidentiality of your password and account. Noozit is not liable for any loss or damage arising from your failure to comply with the provisions of these Terms. You also understand and agree that as part of the Service, you may receive certain communications from Noozit, such as account creation confirmations, service announcements, administrative messages and an opt-in Noozit newsletter. You will be able to opt out of most of these communications, but not others (such as ones concerning your account). If you don't want to receive ANY messages from us, you will need to cancel your account. Noozit promises to never rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with us, unless you explicity opt in to do so. 3. Noozit's Ground Rules * You are solely responsible for your conduct and any data, text, information, screen names, links, graphics, photos, profiles, audio and video clips, and links ("Content") that you submit, post and display in your Article or via the Service; * You must not abuse, harass, threaten or intimidate other Members or others who use the Service, nor may you upload, post or otherwise include any Content that is defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals or certain vegetables * You must not impersonate another Member or any official of Noozit. * You may not create Articles or use the Service for any illegal or unauthorized purpose, or to promote or make solicitations for any illegal or unauthorized activity. * You may not use the Service to distribute, share or solicit Content belonging to third parties without proper authorization from the owner(s) of that Content. You must respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy) in creating your Articles. * You must not, in the use of Noozit, violate any Federal, state or local laws. If you are submitting an Article from outside of the United States, you must comply with all local laws regarding online conduct and acceptable content * You may not modify, adapt or hack the Noozit website or any Article that is not yours. * You may not create or submit spam to any Members or registered users of Noozit. * You may not transmit or link to any worms or viruses or any code of a destructive nature. * You may not transmit content in breach of a confidentiality or fiduciary obligation you may have. * You may not attempt to automatically redirect surfers to other domains, mislead surfers of the origins of the Content contained in your Articles, or use your Articles as storage for remote loading or to a website outside of the Noozit website. * You may not interfere with or disrupt the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. * You may not collect or store personal data about other users, except that you may encourage surfers to contact you and you may, in return, contact them back. 4. Responsibility for Posted Content As an Author, you will be able to incorporate various forms of Content into your Articles. Noozit does not claim ownership of the Content you place in your Articles. The Content will be owned by you or a third party from whom you got permission to post the content. By placing Content on your Articles, however, you grant Noozit a worldwide, royalty-free, and non-exclusive license, for as long as your Articles are displayed on Noozit, to reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Articles on Noozit. Noozit may preserve and store Content, and may also disclose Content if required to do so by law or if Noozit believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Noozit, its users and the public. The Author, and not Noozit, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the Reporter in his/her Articles . Noozit cannot guarantee the accuracy, integrity or quality of such Content. Noozit does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in an Article for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Noozit also cannot take responsibility for anything that your readers may do in reliance on the Content you post in your Articles. Bottom line: put it on your Articles, under your byline, you're responsible. 5. Links to Other Sites Your Articles may include links to other sites or resources. Noozit has no control over those sites and resources, and therefore you acknowledge and agree that Noozit 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, advertising, products, or other materials on or available from such sites or resources, or for any damages caused or alleged to be caused by or in relation to such Content, goods or services. Noozit provides pre-built modules that make it easy for you to find and add links to various sites. However, just because we provide these modules does not mean we are responsible for their accuracy. The Reporter is still responsible for what links he or she elects to put in his or her Article. 6. Adding New Software Features and Tools Noozit may at any point make additional software and tools available to Members and Reporters in connection with the Service. Members who download or access such additional software may have to agree to additional terms and conditions before using such software. 7. Noozit's Privacy Policy Noozit will not sell your email address. It may provide to third parties some aggregate information contained in your registration data or related data. By "aggregate" we mean your anonymous data combined with data about other unnamed Noozit users. Noozit may make data available about which pages you visit on our site in order to optimize our online advertising placement, but your personal information and identity will never be associated with that data. The only exceptions where your identity may be revealed is where you specifically authorized it or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce these Terms of Service, or under any of the other circumstances set forth in our privacy policy. 8. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your Articles. . 9. Noozit's Rights to Modify or Discontinue Its Service Noozit reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party. 10. Noozit's Rights to Terminate Your Access to Its Services Noozit, in its sole discretion, may terminate your password, account or use of or access to the Service, and remove and discard any Articles, for any reason. Some of the more likely reasons for termination are inaccurate information in the registration form, harassment of other Members, hacking the Service, illegal transactions via Noozit, and otherwise acting in violation of the terms or the spirit of these Terms of Service or other policies. If Noozit terminates your use of the Service, your Articles may be immediately deleted. In this event, Noozit will not be responsible to you or any third party for any termination of your access to the Service. 11. Noozit's Proprietary Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Noozit or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 12. Disclaimer of Warranties The Service (especially during beta) is provided on an "as is" and "as available" basis. You expressly understand and agree that your use of the Service is at your sole risk. Noozit 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. Noozit makes no warranty that the service will be uninterrupted, timely, secure, or error-free, or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected. 13. LIMITATION OF LIABILITY You expressly understand and agree that Noozit will 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 advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. 14. MISCELLANEOUS, BUT IMPORTANT, TERMS These Terms of Service and the relationship between you and Noozit will be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Noozit to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, together with any other agreements incorporated by reference in these Terms of Service or entered into between you and Noozit in connection with your registration as a Member, constitute the entire agreement between you and Noozit and govern your use of the Service, superseding any prior agreements between you and Noozit. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Noozit services (such as CO-OP Services), third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. * Please let us know if you have suggestions for improving these Terms of Service: feedback@noozit.com. Thanks!
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