Terms of Use

1.    Summary

The purpose of this section is to set forth the terms of use of the Rock Thoughts™ website. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement, along with any additional rules or conditions referred to on this website, including but not limited to the Privacy Policy (collectively, the “Terms of Use“) as amended, supplemented or otherwise modified from time to time.

2.    Restrictions on Use

This website is owned and operated by NiSoSa (“NiSoSa“). NiSoSa reserves the right, at its own discretion, to update, modify or change any of these terms at any time. Such modifications shall be effective immediately. By accessing, browsing or otherwise using this site, you agree to be bound by and comply with these Terms of Use and all related modifications.

3.    Ownership of Intellectual Property

Unless otherwise indicated, all content appearing on this site is the property of NiSoSa and/or its subsidiaries or affiliates and is protected, without limitation, by United States of America (“US“) and foreign copyright and trademark laws. The information, materials, text, images, audio, video, computer code, software or any other such material on this site is presented for your non-commercial, personal use only. Use of these materials in violation of these terms is a violation of copyright and trademark laws. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any materials available on this website without written permission from NiSoSa. “NiSoSa” and “Rock Thoughts” are legally protected property and misuse of these names or any of the information appearing on this site is a violation of copyright and trademark law. If you are accessing this material outside the US, you are responsible for compliance with US local laws.

4.    License for Submitted Content

You agree that by posting messages or comments, submitting story content, sending e-mails, inputting data, answering questions, uploading data or files, or otherwise communicating with NiSoSa (a “Communication“), you are granting NiSoSa a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication and you release all claims against NiSoSa for use of these Communications. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third party. NiSoSa will not be held responsible for any Communications posted in violation of third party rights and you agree to indemnify NiSoSa for any related damages pursuant to Clause 8 below.

5.    Additional Rules

This website may contain bulletin boards, discussion forums, contests, and other related features whereby third parties post content that is publically available (“Public Forums”). Please note that your postings to any such Public Forums on this site become immediately public and will be accessible to anyone on the internet. NiSoSa is not responsible for any material submitted or posted to any of its sites, including materials posted on any Public Forums here or otherwise. You acknowledge that NiSoSa may or may not pre-screen these materials and NiSoSa or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates the Terms of Use or is otherwise objectionable. NiSoSa reserves the right to disclose information as provided in our Privacy Policy. You shall not upload, transmit, distribute, or otherwise publish through this site any content that: (a) libels, defames, is obscene, pornographic, abusive or threatening, (b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violation anyone’s copyrights or trademarks, (c) violates any law, including but not limited to the Children’s Privacy Protection Act of 1998, (d) advocates illegal activity, (e) advertises or otherwise solicits funds or is a solicitation of goods or services, or (f) contains a virus or other harmful component.

6.    Exclusion of Liability

YOUR USE OF THIS WEBSITE IS “AS IS”, AND NISOSA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. NISOSA DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NISOSA DOES NOT WARRANT THAT ITS WEBSITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NISOSA OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WWW.ROCKTHOUGHTS.COM SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WWW.ROCKTHOUGHTS.COM SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NISOSA RESERVES THE RIGHT TO CHANGE OR DISCONTINUEIN ITS SOLE DISCRETION AND AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEBSITE.

We note that some states do not permit the exclusion or limitation of liability for consequential or incidental damages and therefore, the above limitation may not apply to you.

7.    Links to Other Websites

The Rock Thoughts™ website may provide links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this website. Neither NiSoSa, its owner, subsidiaries or affiliates in any way control the material contained on or the services or products offered through such third party sites and you agree that NiSoSa is not responsible, nor shall it be held liable in any way for the content, services or products provided on these websites, nor for the practices of any third party. The Terms of Use apply solely to the Rock Thoughts™ site and you should always review the terms and conditions and privacy policies of any site that you access through a link from this site.

8.    Indemnity

You agree to defend, indemnify and hold NiSoSa and any affiliated company, agency or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of the Terms of Use by you or your authorized users (including violations of third party rights), or in connection with the use of the Rock Thoughts™ website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users.

9.    Termination

This agreement may be terminated by NiSoSa at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on NiSoSa’ liability and on your use of NiSoSa material shall survive such termination.

The Terms of Use constitute the entire agreement and understanding between you and NiSoSa as to your use of the Rock Thoughts™ website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. By accessing, browsing or otherwise using the Rock Thoughts™ website, you agree to be bound by the Terms of Use and further agree that a printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Rock Thoughts™ website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10.  Jurisdiction

This site is operated in the United States (“US”) and it and the Terms of Use are governed by and operated in accordance with the laws of the US or the State of Illinois, as applicable, without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of Illinois. By using this site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the US or states other than Illinois and you agree to submit to the exclusive jurisdiction of the courts of the State of Illinois.

11.  Enforceability

If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.

12.  Contact NiSoSa

If you have any questions, please contact us at hello [at] nisosa [dot] com. Please include the words “Terms of Use” in the subject line of your e-mail.

Use of this site indicates your consent to the Terms of Use. 
Copyright © 2010-2012 NiSoSa. All rights reserved.

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