Terms and Conditions
1. Your Noggins, INC Account and Website. If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Noggins, INC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Noggins, INC or its clients liability. You must immediately notify Noggins, INC of any unauthorized uses of your account or any other breaches of security. Noggins, INC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate an account, comment on a screenshot, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that: â—¦ the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; â—¦ if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; â—¦ you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; â—¦ the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; â—¦ the Content is not spam, is not machine&8212; or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); â—¦ the Content is not obscene, libelous or defamatory as may be determined by Noggins, INC, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; â—¦ your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; â—¦ your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and â—¦ you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Noggins, INC or otherwise. Noggins, INC reserves the right to remove any screenshot or Content for any reason whatsoever. Noggins, INC reserves the right to ban any member or website from using the service for any reason. By uploading your screenshots to Website you give Noggins, INC permission to use or distribute your screenshots on Website or affiliated sites. All screenshots uploaded are copyright © their respective owners. If you delete Content, Noggins, INC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Noggins, INC has the right (though not the obligation) to, in Noggins, INC’s sole discretion (i) refuse or remove any content that, in Noggins, INC’s reasonable opinion, violates any Noggins, INC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Noggins, INC’s sole discretion. Noggins, INC will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. Noggins, INC may not have reviewed all of the material posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, Noggins, INC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Noggins, INC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. Noggins, INC has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Website links, and that link to Website. Noggins, INC does not have any control over those non-Noggins, INC’s websites and web pages, and is not responsible for their contents or their use. By linking to a non-Noggins, INC website or webpage, Noggins, INC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Noggins, INC disclaims any responsibility for any harm resulting from your use of non-Noggins, INC websites and web pages.
5. Copyright Infringement. As Noggins, INC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to a Noggins, INC website violates your copyright, you are encouraged to notify Noggins, INC. Noggins, INC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Noggins, INC or others, Noggins, INC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Noggins, INC will have no obligation to provide a refund of any amounts previously paid to Noggins, INC.
6. Intellectual Property. This Agreement does not transfer from Noggins, INC to you any Noggins, INC’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Noggins, INC. Noggins, INC, the Local Noggins.com logo, and all other trademarks, service marks, graphics and logos used in connection with Noggins, INC, or the Website are trademarks or registered trademarks of Noggins, INC or Noggins, INC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Noggins, INC or third-party trademarks or any other aspects of Noggins, INC’s websites.
7. Changes. Noggins, INC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Noggins, INC may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Noggins, INC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Noggins, INC account, you may simply discontinue using the Website. You may login to your account to terminate your account or send notice in writing to Noggins, INC of termination. No refunds will be issued and no charges will continue to recur. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. Noggins, INC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Noggins, INC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Noggins, INC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Noggins, INC under this agreement. Noggins, INC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmless Noggins, INC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between Noggins, INC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Noggins, INC, or by the posting by Noggins, INC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, U.S.A.
14. Cancelation Policy. All Business Profiles (subscriptions) are posted on a month-to-month basis unless you have chosen a yearly subscription. If you have a Business Profile, you may cancel your account and stop future credit card debits at any time, and without any financial penalty of any kind, by logging into your account to cancel or to notify Noggins, INC in writing. If you have a monthly subscription there will be no more credit card debits occurring and no pro-rated refunds. If you have a yearly subscription and cancel your account, there will be no more credit card debits occuring and you will not be refunded your yearly fee or prorated fee for any reason. Noggins, INC will accept a cancelation notice through email, if the email is sent from the main contact/constituent directly to [email protected]. You may also provide written notice to Noggins, INC at P.O. Box 721 Holly Springs, NC 27540. Noggins, INC will send a cancelation confirmation email within seventy two (72) hours, or a post dated mail piece within 72 hours.
15. Refund Policy. Once a Business Profile is submitted by a Subscriber, and the Profile is approved and posted by Noggins, INC and Website, the sale is considered final. Members may only cancel the subscription in accordance with the Noggins, INC’s Cancelation Policy.