PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE SITE NUPRISMA.COM BY USING THIS SITE, AND ITS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND THE PRIVACY POLICY FOR THIS SITE, IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DISCONTINUE ACCESS OR USE OF THE SITE.
NuPrisma is an Online Information Services company that grants “You” the User limited, revocable, non-exclusive license to access the website and it’s services for personal use. A list of restrictions are listed under the section “Restrictions of Use” in this document. You acknowledge that by accessing and/or using this Site you (hereinafter referred to “You” or “Your” or “Yourself”) are contractually agreeing to the following terms and conditions, including those available by hyperlinks (collectively, the “Terms of Use”). We reserve the right to modify the Terms of Use at any time without giving “You” any prior notice. You must review this agreement on a regular basis to keep yourself apprised of any changes. Should you object to any term or condition of the Term of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, you are to immediately discontinue the use of the Service.
REGISTRATION
Browsing any of the services offered through the Site do not require user registration. However, certain sections of this Site require “You” to register with the Site. Such sections include posting of comments, events, directory listings, articles and classifieds on the Site. If registration is requested, You agree to provide us with accurate and complete registration information. It shall be Your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You as the user are responsible for maintaining the confidentiality of “Your” information and password. “You” shall be responsible for all uses of “Your” registration, whether or not authorized by “You”. You agree to immediately notify us of any unauthorized use of “Your” registration or password. When You register with the Site, You will be asked to provide us with certain information including, without limitation, your name, valid email address, profile information(optional), etc. In addition to these Terms of Use, You understand and agree to our Privacy Terms. Please visit our Privacy Policy Page for full details.
You agree to use the Site only for lawful purposes and not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or to the Content in any manner whatsoever. You agree not to add to, subtract from, or otherwise modify or delete the Content, or access or make an attempt to access any Content that is not intended for You, except as provided in this Terms of Use. You agree not to use the Site in any manner that might interfere with the rights of third parties. You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for Your personal purpose.
RESTRICTIONS ON USE
Any information or material sent by visitors through such services, including advice and opinions, represents the views and is the responsibility of those visitors and does not necessarily represent the views of NuPrisma. In addition, You agree that you will not (and will not allow or encourage others to):
1. Use the Site with any offensive language, including any type bullying, threats, harassment of another person, promoting violance, bigotry or discrimation or otherwise interfere with a User’s enjoyment of the Site;
2. Use the Site to transmit any illegal material, incuding any pornography or obscene material, any solicititation of personal information from minors, to post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. Any modification, appropriation, reproduction, distribution, translation, or any derivative work of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than your own content), except as expressly authorized by publisher;
4. Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content including any downloads unless authorized by the author;
5. Use any device, process or means to access, retrieve,reformat or frame any portion of the Site or index any Site Content or information from the Site including and not limited to record information about users;
6. Any activity of impersonating, posting information, pictures on behalf of the user without their authorization, and/or any attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
7. Any use the Site or any of it’s content to transmit any hacking attack including any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or hardware that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
8. Any use the Site to interefere and/or violate the security of any computer network, passwords hack or security encryption codes;
9. Use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
10. Use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
CONTENT
You understand that all content including and not limited to event listings, directory listings, classified listings, articles postings, reviews, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or information you post through our service and share through social media. Likewise. If you request the assistance of NuPrisma to post content, review and edit your content or if you imply consent that may post content on your behalf, either by written or oral means, or you fail to inform NuPrisma that content should be removed, you are equally responsible for the content. You waive any and all claims against NuPrisma of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on our Site. NuPrisma, Inc. reserves the right in Our sole discretion and without any obligation to monitor any and all information transmitted or received through the Site for operational purposes as needed, as well as to make improvements to, or correct any error or omissions in, any portion of the Site and/or to refuse, delete or move any Content that is available via the Services of the Site, for violating the Terms of Use or for any other reason. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. NuPrisma is not responsible for personal Content made available through the Site and any other post information that you may disagree with or differs from your point of view. In addition the content available through NuPrisma may contain links to other websites, which are completely independent of NuPrisma and we make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Any navigation to external links to any other websites is at your own risk.
You agree that NuPrisma, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that NuPrisma is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release NuPrisma, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
If you believe that any of your work has been copied or has any copyright infringement, and/or your intellectual property rights have been otherwise violated, please sends an email to info@nuprisma.com with subject “Copyright Abuse Notice” and specify the URL with details of the data that has been copied and provide your contact information (Name, Address, Phone number and email) and we will contact you for more information.
PRIVACY AND INFORMATION DISCLOSURE
NuPrisma.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by NuPrisma’s Privacy Policy.
PAID POSTINGS
You acknowledge that NuPrisma reserves the right to charge a fee to post Content in some areas of the Site. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of Service. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
LIMITATIONS
You acknowledge that NuPrisma.com reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that NuPrisma.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. In addition, NuPrisma may establish limits concerning use of the Site, including the a maximum number of days that Content will be retained by any of our Listings, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored, and the frequency with which you may access the Website. You agree that NuPrisma.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
TERMINATION OF SERVICE
You agree that NuPrisma.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if NuPrisma.com believes that you have acted inconsistently with the Terms of Use. Further, you agree that NuPrisma.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of NuPrisma.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of NuPrisma.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. NuPrisma.com, as well as certain other of the names, logos, and materials displayed on NuPrisma.com, constitute trademarks, trade names, service marks or logos (“Marks”) of NuPrisma.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with NuPrisma.com or those other entities.
Although NuPrisma.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to NuPrisma.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant NuPrisma.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF NUPRISMA.COM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. NUPRISMA.COM AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NUPRISMA.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF NUPRISMA.COM AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NUPRISMA.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON NUPRISMA.COM OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON NUPRISMA.COM OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, NUPRISMA.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH NUPRISMA.COM OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUPRISMA.COM, NUPRISMA.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
INDENMITY
You agree to defend, indemnify and hold harmless NuPrisma, its officers, directors, employees, affiliates, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) any breach by you of any of these Terms and Conditions; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by NuPrisma); or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
GOVERNING LAW
The laws of the State of New York, U.S.A., excluding New York’s conflict of laws rules, shall govern these Terms and Conditions, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in Suffolk County NY, U.S.A., for all matters or disputes arising out of or relating to these Terms and Conditions or your access or use of the Website.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
SEVERABILITY;WAIVER
If any term or provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be ineffective but shall not affect any other terms or provisions of these Terms and Conditions, and these Terms and Conditions will be deemed amended to the extent necessary to make these Terms and Conditions enforceable, valid and, to the extent permitted by law, consistent with the original intentions of the parties (and the remaining terms and provisions will remain in full force and effect).
The failure of NuPrisma to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by NuPrisma or be deemed a waiver by NuPrisma of any subsequent breach by you of the same or any other term of these Terms and Conditions. NuPrisma’s rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit NuPrisma’s right to exercise any other right or remedy.
SUCCESSORS AND ASSIGNS; THIRD PARTY BENEFICIARIES
These Terms and Conditions are non-assignable and non-transferrable by you without the prior written consent of NuPrisma. Subject to the foregoing, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. Except as expressly provided otherwise herein, there shall be no third party beneficiaries to these Terms and Conditions.