 
|
|
||||||||||||||||
|
|||||||||||||||||
|
Consumer and User Terms of Service | Nabbr.com Corp. Partners' Terms of Service Consumer and User Terms of Service Nabbr Privacy Policy Statement This site is owned and operated by Nabbr.com Corp (“Nabbr” or “Nabbr.com”). We understand you value your privacy. At Nabbr, we want to make your experience online satisfying and safe. This statement governs information you provide to us or we learn from your use of this web site and tells you how we may collect, use, and in some instances share this information. INFORMATION NABBR COLLECTS Nabbr gathers two types of information about this website’s users: • Personal information that users provide through optional, voluntary submissions, such as email, survey information, and online registration forms to Nabbr. Personal information means any information that may be used to identify an individual, including, but not limited to, your name, home address, company name, telephone number, e-mail address, and credit card information such as the credit card number, card verification value, and the billing address. The types and amount of personal information collected for these activities will vary depending on the activity. • Nabbr also gathers non-personal information through aggregated tracking information derived mainly by tallying page views throughout our sites. This non-personal information collected includes click-throughs, IP addresses, and usage data. This non-personal information allows us to better tailor our content to site users’ needs. Usage Tracking We track product usage data and user traffic patterns throughout our site to improve the content of our Web pages and the quality of our service. In addition, we track click-through information, including IP addresses, to our site from the reports and emails we sent to our customers. This is done to gauge the effectiveness of our marketing campaigns and to discourage fraudulent use. COOKIES A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the Nabbr service. We use cookies to record current session information. Additionally, if you choose the ‘remember me’ option, you are issued a permanent cookie. A permanent cookie is one that remains on the hard drive after the browser application has been closed. Children Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information to Nabbr through this web site represents that they are 13 years of age or older. NABBR’S USE OF INFORMATION We use the personal information about you stored in our member database in various ways. We use the personal information collected to provide you with our products and services. In addition, the personal information collected is used for identification and authentication, billing, and to contact you. Finally, information we gather may be used to otherwise improve our services. NABBR’S TRANSFER AND INFORMATION SHARING POLICY We do not share personal information collected on this web site with third parties for their direct marketing. We provide personal information to trusted businesses or persons for the purpose of processing personal information on our behalf. Nabbr does not otherwise share personal information about site users with third parties unless doing so is appropriate to carry out a user’s request or it reasonably believes that doing so is legally required or is in Nabbr’s interest to protect its property or other legal rights or the rights or property of others. If Nabbr should ever file for bankruptcy or have its assets sold to or merge with another entity, information Nabbr receives from you from this Site is a Nabbr asset and may be transferred. INTERNATIONAL VISITORS AND CUSTOMERS This web site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to: • the use of your personal data for the purposes identified above in accordance with this Privacy Policy; and • the transfer of your personal data to the United States as indicated above. SECURITY No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. If Nabbr learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. Nabbr may post a notice on our web site if a security breach occurs. If this happens, you will need a web browser enabling you to view the Nabbr.com web site. Nabbr may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at support@Nabbr.com. CHANGES AND UPDATES We may occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date on the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this web site constitutes your agreement to this Privacy Statement and any updates. CONTACTING NABBR If you have any questions, comments, or concerns about this Privacy Policy, please email us at contact@nabbr.com Postal Mail Address: 79 Pine Street, #149, New York, NY 10005 Attention: Privacy Officer [Last Updated: August 8th, 2007]
Nabbr.com Corp. Partners’ Terms of Service This website (this “Site”) is operated by, or on behalf of, Nabbr.com Corp ("Nabbr”). This Site, and/or the internet domains “*.nabbr.com”, “*breaker.tv”, and all other domains operated by or on behalf of Nabbr (collectively, the “Nabbr Domains”) may provide Widget Media (as defined below), and/or widget-based rich media content, sourced from one or more advertisers or agencies and content owners (the “Suppliers”), including copyright protected music and video entertainment, to owners of websites for display and distribution from their websites . Please read these Nabbr.com Corp. Partners’ Terms of Service (“Terms of Service”) carefully. These Terms of Service, including all documents referenced herein, along with any Nabbr Network Preferred Affiliate Agreement signed by you or any other written Widget Media contract you have entered into with Nabbr, represent the entire understanding between Nabbr and you regarding: (i) your use of this Site, (ii) your acceptance of content served up by this Site and/or any other Nabbr Domains, (ii) the inclusion of Nabbr Widget Media on your websites, and (iii) your use of any Nabbr Intellectual Property, and supersede any prior statements or representations with respect to any of the above. Access to, and/or distribution or use of, this Site and any other Nabbr Domain is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site or of any other Nabbr Domain would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on this Site, and/or by uploading or downloading any widget-type media that are provided by Nabbr (“Widget Media”) through this Site or through any other Nabbr Domain, and/or by allowing any third-parties to use such Widget Media, you are deemed to have accepted these Terms of Service. If you do not agree to abide by these Terms of Service, please do not use this Site or any of the other Nabbr Domains, or upload or download any Widget Media provided by Nabbr. Intellectual Property Except for third-party content, you acknowledge that Nabbr owns all right, title and interest in and to the Widget Media, including without limitation, to: the computer programs, software, online platform technology ("Technology"); the trademarks, trade names, brand names, trade dress, logotypes, symbols, service marks, domain names and the goodwill of the business symbolized thereby, domain names and other distinctive features ("Trademarks"); the methodologies, processes, techniques, ideas, concepts, trade secrets and know-how ("Knowledge"); and the copyrights, patents and other intellectual property rights relating thereto (collectively, the “Nabbr Rights”). You agree not to remove, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or contained within the Widget Media. Nabbr hereby grants to you a non-transferable, non-sublicenseable, non-exclusive license during the Term to display certain of Nabbr's Trademarks as such are provided to you by Nabbr hereunder (the "Nabbr Trademarks"), for the purpose of promoting or advertising that you are using the Widget Media. Any such use of the Nabbr Trademarks is subject to Nabbr’s prior approval and compliance with Nabbr’s Trademarks guidelines. Nabbr may modify the Nabbr Trademarks or the guidelines at any time. Nothing in these Terms of Service will grant or will be deemed to grant you any right, title or interest in or to any Nabbr Trademarks. All use by you of the Nabbr Trademarks (including all goodwill associated therewith) will inure to Nabbr’s benefit. At no time during or after the Term will you challenge or assist others in challenging in any way the Nabbr Trademarks or the registration thereof by Nabbr, nor will you attempt to register any Nabbr Trademarks (including domain names) or any other Trademarks that are substantially similar in any way (including but not limited to, sound, appearance and spelling) to the Nabbr Trademarks. Limitations on Use The services, products, and information on this Site and on the other Nabbr Domains include access to Nabbr’s Widget Media, which can be placed on the personal and public pages of other websites. Widget Media may contain content provided by a third party that requires the end-user to agree to additional terms and conditions before using such Widget Media. You understand that Nabbr will provide Widget Media on a nonexclusive basis, and that Nabbr will continue to customize and provide its services to other parties for use in connection with a variety of applications. You may not use the Widget Media in any manner that either directly or indirectly: violates (1) any federal, state, or local law, (2) any court, regulatory or other order or judgment against you, or (3) any right of any person or entity. To the extent you permit or allow any third party to download or otherwise use any Widget Media, you will impose obligations on such third parties so as to protect Nabbr’s rights in such Widget Media at least to the extent such rights are protected in these Terms of Service. You may not reference or use any Widget Media in any manner that implies a partnership or affiliation with, sponsorship, or endorsement by Nabbr, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Nabbr or Nabbr personnel. Your site will not, in any way, copy or resemble the look and feel of any part of this Site or of any other Nabbr Domain, or of Nabbr’s Widget Media, nor will you create the impression that your site is a Nabbr website or is a part of this Site or hosted on a Nabbr Domain. You acknowledge and agree that we may use date capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from the use of Widget Media. To the extent that any such data or information is collected by us, Nabbr shall exclusively own such data or information and may use such data or information for any lawful purpose. The provisions of this paragraph are in addition to, and not intended to limit or modify, the rights of Nabbr as set forth in the Intellectual Property paragraph contained herein. Nabbr reserves the right, in its sole discretion, to terminate or modify your permission to display the Widget Media at any time and to take action against any use that does not conform to these Terms of Service. Appropriate Conduct You will not, and will not allow any third party to: (a) remove, distort, deface, obscure or alter any element of the Widget Media (including the html and JavaScript code or any proprietary rights notice affixed to or provided as a part of any Widget or to any Nabbr technology, software, materials and documentation); (b) change the size or appearance of the Widget Media in any way; (c) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Widget Media or any other Nabbr technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and/or documentation; (d) create or attempt to create a substitute or similar service or product through use of or access to the Site or to any other Nabbr Domain, the Widget Media or any proprietary information related thereto; and/or (e) engage in any action or practice that reflects poorly on Nabbr or otherwise disparages or devalues Nabbr's reputation or goodwill. Copyright Infringement Policy
Electronic Mail Address: _________________
Disclaimer NABBR IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSS RELATED TO THE USE OF THIS SITE AND/OR ANY OTHER NABBR DOMAIN OR THE USE OF THE WIDGET MEDIA. THIS SITE, ALL OTHER NABBR DOMAINS, ALL MATERIAL CONTAINED ON THIS SITE AND ON THE OTHER NABBR DOMAINS (INCLUDING BUT NOT LIMITED TO ALL WIDGET MEDIA) AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THIS SITE OR THE OTHER NABBR DOMAINS, THE WIDGET MEDIA, OR ANY OF THEIR FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THIS SITE OR ANY OTHER NABBR DOMAIN OR ANY OF THE MATERIALS CONTAINED THEREON, INCLUDING BUT NOT LIMITED TO THE WIDGET MEDIA. ANY INFORMATION CONTAINED WITHIN THIS SITE OR ANY OTHER NABBR DOMAIN, OR WITHIN THE NABBR WIDGET MEDIA IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. NABBR RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE OR TO ANY OTHER NABBR DOMAIN, AND/OR TO THE WIDGET MEDIA WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR ANY SUCH PAGES OR THE WIDGET MEDIA NOT BEING AVAILABLE AT ALL TIMES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO TH Limitation of Liability YOU AGREE THAT NABBR SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NABBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM: (1) USE OR MISUSE OF AND/OR RELIANCE ON THE WIDGET MEDIA (2) ANY THIRD-PARTY CONTENT IN A WIDGET, (3) INABILITY TO USE THE WIDGET MEDIA, (4) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGET MEDIA (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); (5) USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY OTHER NABBR DOMAIN, OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE; OR (6) ANY OTHER MATTER RELATED TO THE WIDGET MEDIA OR TO THIS SITE OR TO ANY OTHER NABBR DOMAIN. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW. Indemnification You hereby agree to indemnify, defend and hold Nabbr and its affiliates, and their respective directors, officers, agents, employees, representatives, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all losses, liability suits, claims, damages, expenses and costs (including reasonable attorneys' fees and expenses) incurred by any Indemnified Parties in connection with any claim arising out of, or relating directly or indirectly to, or resulting from: (i) the uploading or use of any Widget Media or any content related thereto, or the serving of Widget Media from the Nabbr Domains; (ii) any action or inaction that would constitute a breach of any obligation, warranty, representation or covenant made by you under these Terms of Service or under any Nabbr Network Preferred Affiliate Agreement or any other Widget Media contract you have entered into with Nabbr, or (iii) any third party lawsuit or proceeding brought against Nabbr based upon a claim that any action of yours, your access to or use of the Site or of any other Nabbr Domain, or of any Widget Media, or any of the content on your website or your Trademarks infringe any copyright, trade secret or Trademark of a third party or otherwise violate the rights of any third party. You will not enter into any settlement or compromise of any indemnified claim without Nabbr's prior consent. You shall cooperate as fully as reasonably required in the defense of any such claim. Nabbr reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Publicity You may indicate that your website uses Widget Media provided that you are in compliance with all of your obligations under these Terms of Service and under any Nabbr Network Preferred Affiliate Agreement or other Widget Media contract you have entered into with Nabbr, and further provided that your website does not, in Nabbr's reasonable opinion: (1) tarnish, infringe, or dilute Nabbr's Trademarks; (2) violate any applicable law; (3) infringe or violate any third-party rights; or (4) subject Nabbr to an undue risk of liability. If you wish to use Nabbr Trademarks and/or logo in any manner, you must first obtain Nabbr's written consent. Modification Nabbr may amend, modify or terminate these Terms of Service, either with respect to your use of the Widget Media or generally for all users, at any time, with or without warning or cause. Any new features that augments or enhances the Widget Media will be owned by Nabbr and subject to the Terms of Service Term Unless otherwise provided for in any Nabbr Network Preferred Affiliate Agreement or other Widget Media contract you have entered into with Nabbr, the term of the Terms of Service will commence on the date upon which you add Widget Media to your Site and will continue in force thereafter, unless terminated as provided in these Terms of Service or in any Nabbr Network Preferred Affiliate Agreement or other Widget Media contract you have entered into with Nabbr. Termination Nabbr may change, suspend or discontinue all or any aspect of the Widget Media, including their availability, at any time, and may terminate your use of the Widget Media at any time. In addition, Nabbr may elect to cease providing Widget Media to your site at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on Nabbr or otherwise disparage or devalue the Nabbr Trademarks or Nabbr's reputation or goodwill. In the event Nabbr elects to cease providing Widget Media to your Site for any reason (i) all license rights granted in these Terms of Service will terminate and (ii) you will immediately delete any and all Nabbr Trademarks, Widget Media and Widget code from such Site Remedies You acknowledge that your breach of any of the service/license restrictions as contained in these Terms of Service may cause irreparable harm to Nabbr, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Nabbr may be legally entitled, Nabbr will have the right to seek immediate injunctive relief in the event of a breach or threatened breach of such sections by you or any of your officers, employees, consultants or other agents without the need to post a bond. Notices Any notice to Nabbr required for or permitted by the Terms of Service will be in writing and will be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. All notices to Nabbr must be sent to the attention of the Nabbr Management at: Nabbr.com Corp.
General Provisions You may not assign your rights or delegate your obligations under the Terms of Service without Nabbr's prior written consent. The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. Use of this site, of the other Nabbr Domains, and of the Widget Media, along with these Terms of Service, shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute concerning your use of this Site or of any other Nabbr Domain, or of any Widget Media shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions. Notwithstanding anything to the contrary set forth in these Terms and Conditions, Nabbr may at any time seek injunctive or other appropriate legal or equitable relief against you and/or against others, in any state or federal court in the state of New York, in the event that Nabbr believes that you have violated or threatened to violate any of Nabbr’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts and agree to waive any right to a jury trial. If any portion of these Terms of Service are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms of Service will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms of Service. No waiver by Nabbr of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or of any other term, and Nabbr’s failure to assert any right or demand compliance with any provision of these Terms of Service shall not be deemed to constitute a waiver of any such right or provision. These Terms of Service, along with any Nabbr Network Preferred Affiliate Agreement signed by you or any other written Widget Media contract you have entered into with Nabbr constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Nabbr. TM and Copyright 2007 Nabbr.com Corp. All rights reserved.
|
| Contact Us | Privacy Policy | TOS | Investor Relations | Copyright 2007, Nabbr™ Inc. All Rights Reserved. | * widgets served reflects verfied, real time, campaign data |