For most of you, the following page would be insipid to your liking as it contains much gobbledygook.
This statement covers all of the noweevil.com websites and any associated content including email and RSS. Please read this statement carefully before using proceeding to access any of the noweevil.com websites. Your use of the noweevil.com websites indicates your agreement to abide by the Terms in effect.
Your Use of Material
Your User Submissions and Conduct
- You may submit picture content (“User Pictures”) and textual content (“User Comments”) to noweevil.com via photo upload function on noweevil.com or via email to firstname.lastname@example.org. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, noweevil.com does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize noweevil.com to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service.
- You acknowledge and agree that, to the maximum extent permitted by lax, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold noweevil.com, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising our of or in any way connected with (i) your access to or use the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to noweevil.com, you hereby grant noweevil.com a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant noweevil.com all of the license rights granted herein.
- You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
- noweevil.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and noweevil.com expressly disclaims any and all liability in connection with User Submissions. noweevil.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and noweevil.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. noweevil.com reserves the right to remove Content and User Submissions without prior notice.
- If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
External Link Disclaimer
noweevil.com websites may contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. By providing links to other sites, noweevil.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the noweevil.com website in question.
noweevil.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to noweevil.com websites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:
- If a comment is made using your identity it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not intentionally make, false or misleading statements.
- Do not offer to sell or buy any product or service.
- Do not post material that infringes copyright.
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
- Do not question why a previous comment was removed.
- Keep all comments relevant and ‘on topic’ to the particular noweevil.com website posting open for comments.
- noweevil.com will not accept responsibility for information posted in the Comments.
If noweevil.com receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, noweevil.com may remove that posting and/or any other related postings.
Notification of Changes
noweevil.com has the right to edit and/or alter any submission. noweevil.com reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses. By submitting your videos/photos, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to noweevil.com a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of noweevil.com programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to noweevil.com that you have the full legal right, power and authority to grant to noweevil.com the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless noweevil.com, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to noweevil.com’s exercise of the rights granted herein. This license shall be governed by the laws of the province of Ontario.
Disclaimer of Warranties
YOUR USE OF noweevil.com WEBSITES IS AT YOUR OWN RISK. noweevil.com AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN noweevil.com ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, noweevil.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. noweevil.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN noweevil.com WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT noweevil.com’s WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. noweevil.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN noweevil.com OR ANY SITES LINKED TO noweevil.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. noiweevil.com MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN noweevil.com WILL NOT INFINGE THE RIGHTS OF OTHERS AND noweevil.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF noweevil.com. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
noweevil.com DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, noweevil.com OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON noweevil.com, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF noweevil.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT noweevil.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON noweevil.com WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF noweevil.com OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. noweevil.com DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF noweevil.com. noweevil.com MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Our Use of Content
noweevil.com will consider anything you provide to noweevil.com and/or contribute to noweevil.com websites as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on noweevil.com websites, in which event those Additional Terms will determine how we will treat your Invited Submissions. Subject to the provisions of any Additional Terms, by posting or uploading any content to noweevil.com websites and/or providing any communication or material to noweevil.com (“User Content”), you automatically and irrevocably:
- grant and assign to noweevil.com any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by noweevil.com and/or by any person authorized by noweevil.com, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
- waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
- appoint noweevil.com as your agent with full power to enter into any document and/or do any act noweevil.com may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
- confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that noweevil.com shall not be liable for any use or disclosure of such User Content.
Claims of Infringement
Please use our submit page if you believe any content appearing on an noweevil.com website infringes on your copyrights.
All images on noweevil.com are either submitted to noweevil.com by email or are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.) noweevil.com respects the intellectual property rights of others and expects its users to do the same. It is noweevil.com’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner of a photo that appears on noweevil.com please email us at privacy[at]noweevil[dot]com with a link to the photo and we will remove it immediately.
Notification of Copyright Infringement
Digital Millennium Copyright Act.
noweevil.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). noweevil.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the noweevil.com site by completing the following notice (“Notice”) and delivering it to noweevil.com Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify noweevil.com of particular facts in a document signed under penalty of perjury and delivered to noweevil.com Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist the noweevil.com Agent’s investigation of your claim.
- If the material originates from another website and you believe that noweevil.com has cached that material, then confirm any of the following that apply:
- The material has been removed from the originating site;
- access to the material on the originating site has been disabled;
- a court has ordered that the material be removed from the originating site; and/or
- a court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Deliver this Notice with all items completed to noweevil.com’s Designated Copyright Agent by email at privacy[at]noweevil[dot]com. Upon receipt of a valid claim noweevil.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. noweevil.com will have the disputed material removed from public view. noweevil.com will also notify the user or webmaster who posted the allegedly infringing material that has been removed or disable access to that material.
noweevil.com may launch a mailing list for some or all of the noweevil.com websites. In order to sign up to receive regular emails from a site’s mailing list, users must submit information including a valid email address and demographic information such as location and interests. This information will be used in aggregate form only in order to assess general user interest in various internal and third party products and services, and your personal and contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails from the site, including new articles added to the site as well as emails from third party site sponsors. If you do not wish to receive emails from third party advertisers, do not sign up for the mailing list.
This site makes chat rooms and message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Third Party Cookies
Third Party Advertising
The ads appearing on noweevil.com websites are delivered to users by third party advertisers including Google, among others. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. This site allows third-party companies to serve ads and/or collect certain anonymous information when you and other
Internet users visit. These companies may use non-personally identifiable information (e.g., click stream information,
browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this site and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third-party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org. Like most standard website servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We may use a tracking utility that uses log files to analyze user movement.
Though we make every effort to preserve user privacy, noweevil.com may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on any of the noweevil.com websites.
In the event noweevil.com goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
The noweevil.com websites contain links to other sites. Please be aware that noweevil.com. is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by noweevil.com
Notification of Changes
All images on noweevil.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code). If you believe that any content appearing on noweevil.com infringes on your copyright, please let us know. E-Mail privacy[at]noweevil[dot]com the following information to us and the infringing material will be removed as soon as possible.
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.