NoLuckNeeded.com's Terms and Conditions
PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to Noluckneeded.com (the "Site"), provided by Noluckneeded.com. ("Company").
These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms so please check the site for changes or supplements to the Terms and Conditions. These terms and conditions apply exclusively to your access to and your use of this Site and do not alter in any way the terms or conditions of any other agreement(s) you may have with Company.
All Web site materials, including, but not limited to, the Noluckneeded.com or other company logos, designs, text or other content, graphics, other files, and the selection and arrangement of these items are undergoing Copyright© 2004 Noluckneeded.com. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, disseminated, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Company or the respective copyright owner.
Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Company or the respective copyright owner, (1) copy, publish or post any materials on any computer network or broadcast or publications media, (2) modify the materials in any way whatsoever, or (3) remove or alter any copyright or other proprietary notices contained in the materials.
Noluckneeded.com, and the Noluckneeded.com logo and the products and services described in this Site are undergoing trademarking/ becoming registered trademarks of Noluckneeded.com and its suppliers and licensors. They may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. All custom graphics, page headers, mastheards, button icons, product or service logos, and scripts are service marks, trademarks and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Company grants you a limited license to make personal use only of the Site. Granting this license to you does not include, without limitation: (1) any resale or commercial use of the Site or content therein in any way; (2) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (4) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
You may not use, frame or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Company's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Company name, trademark or product name without Company's express written consent.
Modification of our Website
Noluckneeded.com may modify or discontinue Noluckneeded.com with or without notice to you and without liability to you or any third party.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and that such link is not placed on any website that is of an immoral, unethical or illegal nature. You may not use a Company logo or other proprietary graphic or trademark of Company to link to this Site without the express written permission of Company. This limited right to link to us may be revoked at any time for any reason at Company's sole discretion.
Company accepts no responsibility for and makes no claim or representation regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. Linked sites are not under the control of Company and Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Noluckneeded.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Noluckneeded.com of the site or any information contained therein. You should be aware that when you leave Noluckneeded.com's website, Noluckneeded.com's terms and policies no longer govern. Therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of other sites that you use.
In using this Site, you agree:
Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites.
Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files.
Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
Not to engage in the use of profanity, expressions or hatred or other objectionable conduct.
Not to use or attempt to use another's account, service or system without authorization from Noluckneeded.com, or create or use a false identity on this Site.
Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
Additionally, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. It is Noluckneeded.com’s policy to cooperate fully with law enforcement agencies.
Bulletin Boards, Chat Rooms and other Interactive Areas
This Site may include discussion forums, bulletin
boards, chat rooms or other interactive areas. Forums and
interactive areas shall be used only for noncommercial purposes.
By using any interactive areas you agree to the following:
Not to upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
Not to upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, but not limited to, the regulations of the United States Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the Nasdaq.
Not to upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
Not to impersonate any person or entity, alive or dead, or otherwise misrepresent your affiliation with a person or entity in any way.
Not to, without Noluckneeded.com's written permission, distribute or publish unsolicited advertising, promotions, or solicitations for funds, goods or services, including junk mail and spam.
Noluckneeded.com takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Noluckneeded.com reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Noluckneeded.com and its affiliates and parties with whom Noluckneeded.com has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
You shall remain solely liable for the Content of any messages, statements, claims or other information you upload or transmit to Noluckneeded.com, including such information chat rooms, bulletin boards or other interactive areas of this Site. You agree to indemnify and hold harmless Noluckneeded.com from any claim, action, demand, loss or damages (including reasonable attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of any person or entity.
You agree that any materials, including but not limited to emails, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or or other submission to Noluckneeded.com, or postings on this Site, are nonconfidential and shall become the sole property of Noluckneeded.com. Noluckneeded.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Noluckneeded.com, including the posting of materials to bulletin board, chat room or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Notification of Any Possible Copyright Infringement
It is Noluckneeded.com's policy to respect the copyright and intellectual property rights of others. Noluckneeded.com may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Noluckneeded.com may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that Noluckneeded.com or any user of our site has infringed your copyright in any material way, please notify Noluckneeded.com.
Third Party Services
Users may order services or merchandise through Noluckneeded.com from other persons not affiliated with Company ("Seller"). All matters concerning the merchandise and services desired from the Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Company makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Noluckneeded.com nor will Noluckneeded.com be construed as a party to such transactions, whether or not Company may have received some form or revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Noluckneeded.com AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY Noluckneeded.com OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Noluckneeded.com DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, Noluckneeded.com AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
Noluckneeded.com DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Noluckneeded.com DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY Noluckneeded.com VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES Noluckneeded.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Noluckneeded.com OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
Noluckneeded.com ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Noluckneeded.com, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
Noluckneeded.com DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL Noluckneeded.com OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Noluckneeded.com OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE Noluckneeded.com OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Noluckneeded.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Noluckneeded.com reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days’ prior notice.
13. Additional Terms.
Each of these policies may be changed from time to time and are effective immediately
after we post the changes on the Site. In addition, when using particular services
on the Site, you agree that you are subject to any posted policies or rules
applicable to services you use through the Site, which may be posted from time
to time. All such posted policies or rules are hereby incorporated by reference
into this Agreement.
Disputes between members and Noluckneeded.com regarding our services may be reported to Customer Support by clicking here. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.