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NAFELLA LLC TERMS OF CONDITIONS OF SERVICE Nafella LLC (Nafella) is a provider of private web based membership services directly to the individual user. Nafella provides all its services subject to the following Terms and Conditions of Service which can be updated by Nafella frequently without notification to our customers.
The section titles in the Terms and Conditions of Service are for convenience only and have no legal or contractual effect. 1. DESCRIPTION OF NAFELLA MEMBER SERVICE 2. WHEN YOU REGISTER WITH NAFELLA: YOUR OBLIGATIONS 3. NAFELLA LLC PRIVACY POLICY Registration Data and certain other information about you are subject to our Privacy Policy (for more information, see our full Privacy Policy here). You understand that through your use of the Nafella Member Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Nafella and its affiliates 4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive your personalized log in name id and password confirmation to access your membership account space upon successful completion of the Nafella registration process. As a registered Nafella member you are responsible for maintaining the confidentiality of the login name id and password, and are fully responsible for all activities that occur under your password or membership account space (including handles/nicknames and log in names used for Nafella Social Networking Circles and Naflogger™). As a registered Nafella member you will be able to invite others into your Nafella member space and address book. Invited individuals will have access to the parts of the Nafella member spaces you invited them into though their personal Nafella Console generated by Nafella. As a registered Nafella member, you agree that by inviting others into your Nafella member space, you will maintain Nafella community sensibilities (See Section 6) and are responsible for the member conduct of all individuals you invite in to your Nafella member space. You agree to
(a) immediately notify Nafella of any unauthorized use of your login name id and password or account or space and any other breach of security, and b) not forward email received from Nafella and/or Nafella members to others and c) ensure that you exit from your account at the end of each session. Nafella cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. 5. INVITED NAFELLA MEMBER ACCOUNT CONDUCT AND OBLIGATIONS
You understand that when you accept an invitation into Nafella (by clicking the accept link in an email alert sent to you), you are treated with the same consideration as a registered member of the Nafella community and subject to the same terms and conditions, Nafella Privacy and Spam Policy as set down for registered Nafella members. You understand that if you are not a registered Nafella member when you are invited into a Nafella member space, you will be issued a temporary login and password to your own personal and private Nafella member space. You understand and agree that as an invited Nafella member, you are fully responsible for . a) maintaining confidentiality of the temporary login name and password until such time you personalize the login and password on Nafella in your MyAccount b) changing and personalizing your login and password as soon as is possible as directed in your Nafella member space and, c) all activities that occur under your (temporary and/or permanent) password or membership account space (including handles and log in names used for Nafella Social Networking Circles and Nafloggers™) d) immediately notifying Nafella of any unauthorized use of your login name id and password or account or space and any other breach of security. You agree that by inviting others into your Nafella member space, you will a) maintain Nafella community sensibilities (See Section 6) and b) be responsible for the member conduct of all individuals you invite in to your Nafella member space and c) ensure that emails received from Nafella and/or Nafella members are not forwarded to others and d) ensure that you exit from your account at the end of each session. Nafella cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCT AND COMMUNITY SENSIBILITIES This section is applicable to all Nafella Members who have access to their Nafella Console through Registration or by Invitation as described in Sections 4 and 5. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereby known as Content) whether publicly or privately posted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Nafella, are entirely responsible for all Content that you upload, post or otherwise make available via the Nafella Member Services. Nafella does not control the Content posted via the Nafella Member Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Nafella be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Nafella Member Services to: You acknowledge that Nafella may or may not pre-screen Content, but that Nafella and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Nafella Member Services. Without limiting the foregoing, Nafella and its designees shall have the right to remove any Content that violates the Terms and Conditions of Service (including Privacy and Spam Policies) or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Nafella or submitted to Nafella, including without limitation, information in Nafella Social Networking Circles, Nafloggers™, and in all other parts of the Service. You acknowledge, consent and agree that Nafella may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Nafella Member Services; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Nafella, its users and the community sensibilities. You understand that the technical processing and transmission of the Nafella Member Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Nafella Member Services and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Nafella LLC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Nafella Member Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Nafella Member Services, in whole or in part, is strictly prohibited. 7.
INTERNATIONAL USE OF NAFELLA.COM Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE NAFELLA MEMBER SERVICES
Nafella does not claim ownership of Content you submit or make available for inclusion on the Nafella Member Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Nafella Member Services, you grant Nafella the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of Nafella Member Services are those areas of the Nafella.com properties that are intended by Nafella to be available to the Nafella Member community and the general public. Publicly accessible areas of the Service would include, but not limited to, Nafella Social Networking Circles and Naflogger™ that are open to both members and visitors. However, publicly accessible areas of the Nafella Member Services do not include portions of Nafella Private Circles, Nafella Private Circle forums and message boards, chat, email, that are limited to members in their Nafella Private Circles and intended for private communication between Nafella members, or areas of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Nafella. 9. INDEMNITY You agree to indemnify and hold Nafella, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Nafella Member Services, your use of the Nafella Member Services, your connection to the Nafella Member Services, your violation of the Terms and Conditions of Service, or your violation of any rights of another and the community. 10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Nafella login I.D. and password, Nafella Handles/Nicknames), use of the Nafella Member Services, or access to the Nafella Member Services. 11. PRACTICES REGARDING USE AND STORAGE
You acknowledge that Nafella may establish practices and limits concerning use of the Nafella Member Services. These may include (without limitation) a) the maximum number of days that email messages, forum and chat postings or other uploaded Content will be retained, b) the maximum number of email invites, alerts and messages that may be sent from or received by a Nafella account, c) the maximum size of any email alerts and/or message that may be sent from or received by a Nafella account, d) the maximum disk space that will be allotted on Nafella servers on your behalf, e) the maximum number and size of uploads into a Member space f) and the maximum number of times (and the maximum duration for which) you may access the Nafella Member Services in a given period of time. You agree that Nafella has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Nafella Member Services. You acknowledge that Nafella reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Nafella reserves the right to modify these general practices and limits from time to time. 12. MODIFICATIONS TO SERVICE
Nafella reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Nafella Member Services (or any part thereof) with or without notice. You agree that Nafella shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Nafella Member Services. 13. TERMINATION POLICY AND CAUSES FOR TERMINATION You acknowledge and agree that Nafella, under certain circumstances and without prior notice, may terminate your Nafella account and all associated log in handles or nicknames which give you access to any and all Nafella Member Services. Termination of your Nafella account includes (a) removal of access to all offerings within the Nafella Member Services, (b) deletion of your passwords, login handles, nicknames and c) deletion of all related information, files and content associated with or inside your account (or any part thereof) and (d) barring you from further use of the Nafella Member Services. You also acknowledge and agree that all terminations for cause listed, but not limited to, shall be made in Nafella's sole discretion and that Nafella shall not be liable to you or any third-party for any termination of your account, any associated login ids, or access to the Nafella Member Services. Cause for termination include, but not be limited to: (a) a breach or violation of the Terms and Conditions of Service of the Nafella Member Services or other incorporated agreements or guidelines including but not limited to b) the infringement of intellectual property of Nafella LLC or (c) requests by law enforcement or other government agencies, or (d) a request by you (self-initiated account deletions), or (e) discontinuance or material modification to the Nafella Member Services (or any part thereof), or (f) unexpected technical or security issues or problems, or (g) extended periods of inactivity, or(h) you have engaged in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Nafella Member Services. 14. DEALINGS WITH ADVERTISERS: BUYER BEWARE AND INVESTOR BEWARE ADMONITIONS
A) You understand and agree your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Nafella Member Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such advertiser. You acknowledge and agree that you will exercise "Let the buyer beware" in your correspondence, dealings and transactions with advertisers on Nafella Member Services, and You acknowledge and agree that Nafella shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Nafella Member Services. B) You further understand and agree that if you create or join any Nafella member space or service, receive or request any news, messages, alerts, or information via or through or on Nafella Member Services concerning companies, stock quotes, investments or securities, you will exercise "Let the investor beware" in your correspondence or business dealings. You acknowledge and agree that no content included in the Nafella Member Services is endorsed by Nafella or intended for trading or investing purposes. Nafella and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Nafella Member Services, and shall not be responsible or liable for any trading or investment decisions made based on such information. 15.LINKS TO WORLD WIDE WEB SITES OUTSIDE NAFELLA.COM Nafella Member Services, Nafella members or third parties may provide links to other World Wide Web sites or resources. You acknowledge and agree that because Nafella has no control over such sites and resources, Nafella is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nafella shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 16. NAFELLA LLC PROPRIETARY RIGHTS
Nafella respects the intellectual property of others, and we ask our users to do the same. Nafella may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers You acknowledge and agree that the Nafella Member Services and any necessary software used in connection with the Nafella Member Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in any and all advertisements or information presented to you through the Nafella Member Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as and unless expressly authorized by Nafella or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Nafella Member Services or any and all software contained in the Nafella Member Services, in whole or in part. Nafella grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify any and all the software contained in the Nafella Member Services in any manner or form, or to use modified versions of these software, including (without limitation) for the purpose of obtaining unauthorized access to the Nafella Member Services. You agree not to access the Nafella Member Services by any means other than through the interface that is provided by Nafella for use in accessing the Nafella Member Services. 17. DISCLAIMERS
You expressly understand and agree that: 18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Nafella shall not be liable to you for any indirect, direct, incidental, special, consequential or exemplary damages, which includes but not limited to damages for loss of profit, goodwill, use of data, other intangible losses, even if Nafella has been advised of the possibility of such damages, resulting from: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET IN THE PRIOR SECTIONS MAY NOT APPLY TO YOU. 19. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this Terms and Conditions of Service, there shall be no third party beneficiaries to this Agreement. 20. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this
Terms and Conditions,
there shall be no third party beneficiaries to this Agreement. 21. NAFELLA NOTICES
Nafella may provide you with notices, including those regarding changes to the Terms and Conditions of Service, by either email to your primary email id account or postings on the Nafella Member Services. 22. TRADEMARK INFORMATION Nafella, Nafella logo, Nafella Private Circles, Nafloggers, Nafella Social Networking Circles, Memory Keeper, and the Nafella tag line, The Smart Way, are trademarks and service marks of Nafella LLC. Without prior permission from Nafella LLC, you agree not to display or use in any manner, these Nafella trade marks and service marks. 23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Nafella respects the intellectual property of others, and we ask our
users to do the same. Nafella may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may
be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Nafella Copyright Agent the following information: Nafella's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows: 24. GENERAL INFORMATION 25. VIOLATIONS
Nafella Limited Liability Corporation, 295 Princeton Hightstown Road 11-152, Princeton Junction, NJ 08550 Copyright © 2004-2006 Nafella LLC. All Rights Reserved. Privacy Policy |