OmniNerd Terms of Use & Copyright Information
Short version
This is a short, ultra-readable version. The full legal mumbo jumbo is below.
You have to agree to these terms to use the site. The terms might change.
Don't do anything illegal or clearly uncouth.
Be honest when you register, and let us know if your account security is compromised.
We can shutdown all or part of the site (including user-posted content) whenever we want and for whatever reason we want. We can also remove users that violate these terms or tick us off. In either case, we might not even tell the user/author about it.
Keep in mind the stuff you post is covered by the Creative Commons Attribution - Share Alike license. It could also get lost if our hard drives were erased or something. So, post at your own risk.
We don't guarantee links on OmniNerd will take you to a site that will respect you or your rights.
Don't abuse the RSS feeds we provide. Also, remember we can shut them down whenever we want and we're not responsible for errors they might contain.
Again, post at your own risk.
Respect the Intellectual Property rights of others.
Long version
General Information
The Terms constitute the entire agreement between each user and OmniNerd and govern each user's use of the OmniNerd sites, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and OmniNerd shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms to an OmniNerd Administrator.
Acceptance of Terms
OmniNerd provides information and services to the user conditioned upon the user's acceptance without modification of the terms and conditions of use ("Terms") contained herein. The use of OmniNerd sites constitutes agreement with such Terms.
OmniNerd reserves the right to modify these Terms. Such changes will be effective immediately upon posting to the site. The user's continued use of OmniNerd sites following the Terms changes implies acceptance of the said changes.
The user warrants to OmniNerd that they will not use OmniNerd sites or any of the content obtained therein for any purpose that is unlawful or prohibited by these Terms. Violation of these terms results in automatic termination of the user's permission to use OmniNerd sites.
The user agrees not to sell, resell or offer for any commercial purposes, any portion of, use of or access to OmniNerd sites.
Registration
When requested, each OmniNerd user must:
- Provide true, accurate, current and complete information on the OmniNerd registration form (collectively, the "Registration Data").
- Maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.
If OmniNerd has reasonably grounds to suspect that any user is not in compliance with the above, OmniNerd may suspend or terminate that user's account and prohibit any and all current or future use of the OmniNerd sites (or any portion thereof) by that user.
Each user will receive a password and account designations upon completing the OmniNerd registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. OmniNerd will not be liable for any loss or damage arising from a user's failure to comply, including any loss or damage arising from any user's failure to:
- Immediately notify OmniNerd of any unauthorized use of his or her password or account or any other breach of security.
- Ensure that he or she exits from his or her account at the end of each session.
OmniNerd handles user Registration Data in accordance with its Privacy Policy.
Content
OmniNerd sites are owned and operated by OmniNerd for the purpose of expanding the appreciation and depth of knowledge through discussion, innovation and expression (the "Purpose").
OmniNerd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, some or all of OmniNerd sites. OmniNerd shall not be liable to any user or other third party for any such modification, suspension or discontinuance.
All information, data, text, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Thus, the user, and not OmniNerd, is entirely responsible for all Content that he or she uploads, posts, emails, or otherwise transmits via OmniNerd sites. No user shall transmit Content or otherwise conduct or participate in any activities on OmniNerd sites that, in the judgment of OmniNerd, are likely to be prohibited by law in any applicable jurisdiction, including but not limited to laws governing the transmission of obscenity or the permissible uses of intellectual property.
OmniNerd reserves the right to refuse or delete any Content it reasonably deems not to fulfill the Purpose, to violate the Terms or be otherwise illegal. OmniNerd may preserve Content and may also disclose Content if required by law or judicial or governmental mandate or as reasonably determined useful by OmniNerd to protect the rights, property, or personal safety of OmniNerd users and the public. OmniNerd does not guarantee the accuracy, integrity or quality of its Content and under no circumstances will be liable in any way for any Content, including but not limited to, liability 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 or otherwise transmitted via OmniNerd sites.
The user may be exposed to Content that is offensive, indecent or objectionable. It is the user's responsibility to evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Licensing and Other Terms Applying to Content Posted on OmniNerd
Text or data entered into and stored by publicly-accessible site features (e.g., articles, comments) is subject to the Creative Commons Attribution - Share Alike copyright license, which is also referenced in the OmniNerd footer.
With respect to Content posted to private areas of OmniNerd (e.g., private development tools or mail), the submitting user may grant to OmniNerd or other users such rights and licenses as the submitting user deems appropriate.
While OmniNerd will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, OmniNerd has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any OmniNerd site.
Account Status
OmniNerd may terminate a user's account for any reason. OmniNerd is especially likely to terminate for reasons that include, but are not limited to, the following:
- violation of these Terms
- abuse of site resources or attempt to gain unauthorized entry to the site or site resources
- use of OmniNerd in a manner inconsistent with the Purpose
- user's request for termination
- as required by law, regulation, court or governing agency order
OmniNerd's termination of any user's access to any or all OmniNerd sites may be effected without notice and, on such termination, OmniNerd may immediately deactivate or delete the user's account and/or ban any further access to such files. OmniNerd shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. OmniNerd reserves the right to delete, or not delete, a user's account as well Content.
OmniNerd reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time.
Links
OmniNerd or a third party may provide links to other websites. OmniNerd exercises no control over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. OmniNerd shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. The user's access and use of linked websites, including information, material, products and services therein, is solely at the user's own risk.
The OmniNerd Privacy Statement is applicable only on an OmniNerd site. The user should read the privacy statement on a linked-to website before disclosing any personal information there.
RSS Feeds
OmniNerd offers an RSS feed as a free service to individuals for private, non-commercial use. All other uses are prohibited, including placing advertising into, around, or targeted towards the OmniNerd.com RSS content. You must use the RSS feeds as provided by OmniNerd.com, and you may not edit or modify the text, content or links supplied by OmniNerd.com.
The OmniNerd RSS service may be used only on platforms that include a functional link such that, when clicked, takes the viewer directly to the display of the full article on OmniNerd.com. You may not display OmniNerd's RSS content in a way that prevents successful linking to, redirection to or delivery of the applicable OmniNerd.com web page. You may not insert any intermediate or other page, or any other content, between the RSS link and the appropriate OmniNerd web page.
OmniNerd retains all ownership and other rights in the RSS content, as well as all OmniNerd logos and trademarks used in connection with OmniNerd's RSS content. You must provide attribution to OmniNerd in connection with your use of OmniNerd's RSS feeds. If you provide this attribution using a graphic, you must use the official OmniNerd logo.
OmniNerd reserves the right to discontinue providing RSS feeds at any time and to require you to cease displaying, distributing or otherwise using the OmniNerd RSS feed for any reason. OmniNerd expressly disclaims all liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
Indemnity
Each user shall indemnify, defend and hold harmless OmniNerd and its respective officers and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorney's fees, made by any third party due to or arising out of that user's acts or missions, including claims arising out of that user's use of OmniNerd, his or her submission, posting or transmission of Content or his or her violation of the Terms.
Disclaimer
Each user's use of OmniNerd is at his or her sole risk. OmniNerd sites are provided on an "as is" and "as available" basis and OmniNerd assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings. Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material. OmniNerd disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, OmniNerd makes no warranty that:
- OmniNerd sites or any service thereon will meet your requirements.
- Any user access will be uninterrupted, timely, secure or error-free.
- The quality of any content, products, services, information or other material obtained by any user will meet his or her expectations.
- Any errors in the software will be corrected.
Excluding only damages arising out of OmniNerd's gross negligence or willful misconduct, OmniNerd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if OmniNerd has been advised of the possibility of such damages), resulting from any user's use or inability to use any OmniNerd sites or services thereon, the cost of procurement of substitute services, unauthorized access to or alteration of the user's transmissions or data, statements or conduct of any third party on OmniNerd sites, or any other matter relating to OmniNerd.
Limitations of Liability
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to every user.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between OmniNerd and any user or other person or entity nor do these terms of service extend rights to any third party.
OmniNerd reserves the right to report any malfeasance that comes to its attention to the appropriate authorities. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortuous behavior, negligence or any other course of action by OmniNerd.
Trademark Information
OmniNerd, the OmniNerd logo and other OmniNerd trademarks, service marks, and product and service names are OmniNerd trademarks (collectively, "OmniNerd Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the OmniNerd Marks only in accordance with OmniNerd Trademark Use Guidelines.
Copyrights
OmniNerd respects the intellectual property rights of others and requires that its users do the same. If a user believes their work has been copied and is accessible on OmniNerd in a way that constitutes copyright infringement, he/she may notify an OmniNerd admin with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf
- identification of the copyrighted work the user claims has been infringed
- identification of the material the user claims to be infringing and information reasonably sufficient to permit OmniNerd to located the material, including the full URL
- the users' name address, telephone number and email address
- a statement by the user that the user has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement, made under penalty of perjury, that the above information in your notice is accurate and that the user is the copyright owner or are authorized to act on the copyright owner's behalf.
If OmniNerd receives such a claim, it reserves the right to refuse or delete Content or to terminate user accounts. OmniNerd will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
