The NukeWorker Web Site is comprised of various Web sites and Web pages
operated by NukeWorker or its affiliates (collectively, the "NukeWorker Web Sites").
The NukeWorker Web Sites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your use of the NukeWorker Web Sites constitutes your agreement to all
such terms, conditions, and notices. Your use of a particular NukeWorker Web Site included
within the NukeWorker Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the NukeWorker Web Sites may themselves contain additional
terms that govern particular features or offers (for example, chat areas).
In the event that any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms and guidelines contained within any particular NukeWorker Web Site, then these terms shall
control.
MODIFICATION OF THESE TERMS OF USE
NukeWorker reserves the right to change the terms, conditions, and
notices under which the NukeWorker Web Sites are offered, including but not limited to the charges associated with the use of the NukeWorker Web Sites. You
are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the NukeWorker Web Sites are for your personal
and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services obtained from the NukeWorker Web Sites.
LINKS TO THIRD PARTY SITES
The NukeWorker Web Sites may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of NukeWorker and NukeWorker is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NukeWorker is not responsible for
web casting or any other form of transmission received from any Linked Site. NukeWorker is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by NukeWorker of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NukeWorker Web Sites, you warrant to
NukeWorker that you will not use the NukeWorker Web Sites for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not use the NukeWorker Web Sites in any manner which could damage, disable,
overburden, or impair the NukeWorker Web Sites or interfere with any other
party's use and enjoyment of the NukeWorker Web Sites. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made available or provided for through the NukeWorker Web Sites.
USE OF COMMUNICATION SERVICES
The NukeWorker Web Sites may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
NukeWorker has no obligation to monitor the Communication Services.
However, NukeWorker reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. NukeWorker reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any
reason whatsoever.
NukeWorker reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in NukeWorker's sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. NukeWorker does not control or endorse the content, messages or
information found in any Communication Service and, therefore, NukeWorker
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized NukeWorker spokespersons, and their views do not necessarily reflect those of
NukeWorker.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination, you are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO NUKEWORKER OR POSTED AT ANY NUKEWORKER WEB SITE
NukeWorker does not claim ownership of the materials you provide to NukeWorker
(including feedback and suggestions) or post, upload, input or submit to any NukeWorker Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting NukeWorker, its
affiliated companies and necessary sub licensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. NukeWorker is under no obligation to post
or use any Submission you may provide and may remove any Submission at
any time in NukeWorker's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE NUKEWORKER WEB SITES
Software (if any) that is made available to download from the NukeWorker
Web Sites, excluding software that may be made available by end-users
through a Communication Service, ("Software") is the copyrighted work of NukeWorker and/or its suppliers. Your use
of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software
that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms. For any Software not accompanied
by a license agreement, NukeWorker hereby grants to you, the
user, a personal, non-transferable license to use the Software for
viewing and otherwise using the particular NukeWorker Web Site in accordance
with these Terms of Use, and for no other purpose provided that you keep
intact all copyright and other proprietary notices. All Software is
owned by NukeWorker and/or its suppliers and is protected by copyright
laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and
any accompanying documentation and/or technical information, is subject
to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE NUKEWORKER WEB SITES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. NUKEWORKER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE NUKEWORKER WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE
NUKEWORKER WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NUKEWORKER LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE NUKEWORKER WEB SITES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NUKEWORKER
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
IN NO EVENT SHALL NUKEWORKER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE NUKEWORKER WEB SITES, WITH THE DELAY OR
INABILITY TO USE THE NUKEWORKER WEB SITES OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NUKEWORKER WEB
SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE NUKEWORKER WEB SITES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF NUKEWORKER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE NUKEWORKER WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NUKEWORKER WEB SITES.
SERVICE CONTACT:
Click here
for Contact information.
TERMINATION/ACCESS RESTRICTION
NukeWorker reserves the right, in its sole discretion, to terminate
your access to any or all NukeWorker Web Sites and the related services or any
portion thereof at any time, without notice.
GENERAL
This agreement is governed by the laws of the State of
Tennessee,
U.S.A. You hereby consent to the exclusive jurisdiction and venue of
courts in Knox County, Tennessee, U.S.A. in all disputes arising out of
or relating to the use of the NukeWorker Web Sites. Use of the NukeWorker
Web Sites is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and NukeWorker as a
result of this agreement or use of the NukeWorker Web Sites. NukeWorker's
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of NukeWorker's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the NukeWorker Web Sites or
information provided to or gathered by NukeWorker with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and NukeWorker with respect to the
NukeWorker Web Sites and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and NukeWorker with respect to the NukeWorker Web Sites. A
printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES: