As a User, you will be required to provide us with an Email address and Phone Number as a condition of use of this Site. By providing us with your Email address and Phone Number, you agree that we may contact you from time to time via Email in connection with your use of this Site or Nerd Swagger’s products or services.
You agree that while using this Site and the various services and features offered on or through this Site, you will not:
- use a false Email address or use a false Phone Number or impersonate any person or entity with the intention to mislead, confuse, or deceive others; or misrepresent your affiliation with any other person or entity; or
- insert your own or a third party's advertising, branding or other promotional content into any of this Site's content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
- attempt to gain unauthorized access to other computer systems through this Site.
You further agree that you will not:
- engage in "spidering," "screen scraping," "database scraping," harvesting of Email addresses, Phone Numbers, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through this Site or the services offered on or through this Site, including without limitation any information residing on any server or database connected to this Site or the services offered on or through this Site;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through this Site by any means;
- use this Site or the services made available on or through this Site in any manner with the intent to interrupt, damage, disable, overburden, or impair this Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- use this Site, content or services offered on this Site for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
- use any mechanism, device software or script to affect the proper functioning of this Site including taking any action which may infect this Site with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse this Site or networks connected to this Site;
- use this Site or this Site's services or features in violation of Nerd Swaggers's or any third party's intellectual property or other proprietary or legal rights;
- use this Site or this Site' services in violation of any applicable law; or
- harass, annoy, intimidate or threaten any Nerd Swagger employees or agents engaged in providing any portion of the services to you.
You further agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Site or this Site's services, or any content of this Site or any of its domains, or make any unauthorized use of this Site or this Site' services or any content of this Site or any of the domains of this Site.
You agree that you may not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site or any of its services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through this Site.
OWNERSHIP OF INTELLECTUAL PROPERTY
Other than third party materials that Nerd Swagger uses with permission or in accordance with applicable law, Nerd Swagger owns all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks and trade names (collectively, the "Content"). The Content is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Nerd Swagger grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via your own or a third party website) without Nerd Swagger’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Content. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable federal and state laws. Nerd Swagger neither warrants nor represents that your use of the Content will not infringe rights of third parties.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While Nerd Swagger uses reasonable efforts to include accurate and up to date information in this Site, Nerd Swagger is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NERD SWAGGER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY NERD SWAGGER OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Nerd Swagger’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that you paid to Nerd Swagger in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
COPYRIGHT COMPLIANCE POLICY
You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) Nerd Swagger will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing Nerd Swagger with the following information in writing:
- (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
- (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
- (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
- (f) the physical or electronic signature of the individual or entity who owns the copyright.
Please send all written correspondence of alleged infringements to: Nerd Swagger, Inc., 63 Bovet Rd 301 94402 San Mateo, CA, Attn: Austin Cooley, copyright Agent.
LINKS TO THIRD PARTY SITES
Nerd Swagger has not reviewed the websites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.
LINKS TO THIS SITE
You agree that if you include a link to this Site from any other web site, you will only link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on this Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images or other content hosted on this Site on another web site, for any purpose. You further agree not to include a link to this Site from any other web site such that this Site, or any page of this Site, is "framed", surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to this Site be discontinued, and to revoke your right to link to this Site from any other web site at any time upon written notice to you.
CHATROOM/MESSAGE BOARDS/OTHER POSTINGS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of Nerd Swagger or any of its licensors. In no event shall Nerd Swagger assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Nerd Swagger to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Nerd Swagger will have the right to use and change the Postings in any manner that Nerd Swagger may determine. Additionally, Nerd Swagger may sweep its chat rooms and/or message boards periodically in its sole discretion. Nerd Swagger does not allow Postings which contain:
- private or personal information which might identify a user
- profanity or obscenities
- personal attacks on other individuals
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Nerd Swagger deems in its sole discretion to be inappropriate for this Site
- content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner;
- content that solicits personal information or any information from anyone under the age of 18; or
- content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property.
APPLICABLE LAW, VENUE, JURISDICTION
THIRD PARTY APIS
Quilt uses the foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the foursquare® logos (including all badges) and trademarks displayed on Quilt are the property of Foursquare Labs, Inc
Nerd Swagger operates and controls this Site from its offices located at 63 Bovt Rd 301 94402 San Mateo, CA, United States of America. This Site is intended for residents of the United States and other countries permitted by applicable law. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
Last modified August 13, 2012.
© 2012 Nerd Swagger Inc.