Nutty Bolts Service (the "Service")
is a free computer online service. It is accessible to you
through a personal computer, or other access device, at Nutty Bolts
using a communications connection (e.g., modem and telephone
line). As part of our service, Nutty Bolts will provide
you information, including but not limited to, editorial content,
chat rooms, links to other Web sites and other computer services
that Nutty Bolts may decide to offer, subject to the
terms hereof. Upon notice published through the Service or
otherwise, Nutty Bolts may modify this Agreement at
any time. You agree and continue to agree to use the Nutty Bolts
Service in a manner consistent with all applicable laws and
regulations and in accordance with the terms and conditions
set out below and in the "Rules of Conduct" that
describe conditions for use of Nutty Bolts chat rooms
(collectively, the "Terms of Service").
1. General Terms: By using the Service, you agree to be
legally bound and to abide by the Terms of Service, just
as if you had signed this Agreement. If you do not comply
and/or continue to comply with the Terms of Service, Nutty Bolts
may terminate your right to access the Public Areas of the
Service. Public Area(s) are those areas of the Service that
are generally accessible to other users, such as chat rooms,
message boards and file uploads.
Nutty Bolts may discontinue or alter any aspect of
the Service, including, but not limited to, (i) restricting
the time of availability, (ii) restricting the availability
and/or scope of the Service for certain platforms (i.e.,
computer types and operating systems), (iii) restricting
the amount of use permitted, and (iv) restricting or terminating
any User's right to use the Service, at Nutty Bolts
sole discretion and without prior notice or liability.
You are responsible for all charges (e.g., telephone) associated
with connecting to the Service through an available access
number. You are also responsible for obtaining or providing
all telephone access lines, telephone and computer equipment
(including modem), or other access device, necessary to access
the Service. You further certify that you are an individual
(e.g., not a corporation).
You acknowledge that the Service contains information, software,
photos, video, graphics, music, sounds or other material
(collectively, "Content") that are protected by
copyrights, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work
under the U.S. copyright laws, and Nutty Bolts owns
a copyright in the selection, coordination, arrangement and
enhancement of such Content. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the Content, in whole
or in part. You may not upload, post, reproduce or distribute
Content protected by copyright, or other proprietary right,
without obtaining permission of the copyright owner. Nutty Bolts
and its logo are trademarks of High Desert-2000 Company.
All other trademarks appearing on the Service are trademarks
of their respective owners.
2. Public Area Rules: You will not engage in any conduct
that in the discretion of Nutty Bolts restricts or
inhibits any other person from using or enjoying the Service.
You agree to use the Service only for lawful purposes. You
certify that you are an individual (e.g., not a corporation)
and at least eighteen (18) years of age or have specific
permission from a parent or legal guardian to use the Service.
You are prohibited from posting on or transmitting through
the Service any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, hateful,
racially, ethnically or otherwise objectionable material
of any kind, including, but not limited to, any material
which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law.
Nutty Bolts may elect to electronically monitor the
Public Areas for adherence to the Terms of Service and may
disclose any Content, records or electronic communication
of any kind (i) to satisfy any law, regulation or authorized
governmental request, (ii) if such disclosure is necessary
to operate the Nutty Bolts Service, or (iii) to protect
the rights or property of Nutty Bolts or its partners.
Nutty Bolts reserves the right to prohibit conduct,
communication or Content which it deems in its discretion
to be harmful to individual users or other third-party rights,
or to violate any applicable law.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU
AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Nutty Bolts's SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY Nutty Bolts SOFTWARE LICENSED TO YOU AND THE RESULTS
OBTAINED THROUGH THE SERVICE. SPECIFICALLY, Nutty Bolts
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY
WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY 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 RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT Nutty Bolts IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
NEITHER Nutty Bolts NOR ANY OF ITS PARTNERS, AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO
OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SERVICE.
You agree to indemnify and hold Nutty Bolts, its
partners, agents, affiliates and content partners harmless
from any dispute which may arise from a breach of terms of
this Agreement. You agree to hold Nutty Bolts harmless
from any claims and expenses, including reasonable attorney's
fees and court costs, related to Customer's violation of
this Agreement, including the Terms of Service or any Content
placed on the Service by you.
4. Miscellaneous: This Agreement shall be construed and
controlled by the laws of the State of Nevada. Further, any
dispute arising from the terms of this agreement or a breach
of this Agreement will be governed by the laws of the State
of Nevada. Customer agrees to personal jurisdiction by the
state and federal courts sitting in the State of Nevada.
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral between Nutty Bolts
representatives and you. Nutty Bolts may amend or
modify this Agreement or impose new conditions at any time
upon notice from Nutty Bolts to Customer as published
through the Service. Any use of the Service by you after
such notice shall be deemed to constitute acceptance by you
of such amendments, modifications or new conditions.