Terms of Use
AGREEMENT BETWEEN USER AND NO GOOD DIGITAL, INC.
The NO GOOD WORLD Web Site is comprised of various Web pages operated by NO GOOD
DIGITAL, INC.
The NO GOOD WORLD Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the NO GOOD WORLD Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
NO GOOD DIGITAL, INC. reserves the right to change the terms, conditions, and notices
under which the NO GOOD WORLD Web Site is offered, including but not limited to
the charges associated with the use of the NO GOOD WORLD Web Site.
LINKS TO THIRD PARTY SITES
The NO GOOD WORLD Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of NO GOOD DIGITAL, INC. and NO GOOD
DIGITAL, INC. 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. NO GOOD DIGITAL, INC. is not responsible for webcasting or any
other form of transmission received from any Linked Site. NO GOOD DIGITAL, INC.
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by NO GOOD DIGITAL, INC. of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NO GOOD WORLD Web Site, you warrant to NO GOOD
DIGITAL, INC. that you will not use the NO GOOD WORLD Web Site for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not use
the NO GOOD WORLD Web Site in any manner which could damage, disable, overburden,
or impair the NO GOOD WORLD Web Site or interfere with any other party's use and
enjoyment of the NO GOOD WORLD Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the NO GOOD WORLD Web Site.
USE OF COMMUNICATION SERVICES
The NO GOOD WORLD Web Site 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.
NO GOOD DIGITAL, INC. has no obligation to monitor the Communication Services. However,
NO GOOD DIGITAL, INC. reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. NO GOOD DIGITAL, INC.
reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
NO GOOD DIGITAL, INC. 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 NO GOOD DIGITAL, INC.'s sole discretion. Always use caution
when giving out any personally identifying information about yourself or your children
in any Communication Service. NO GOOD DIGITAL, INC. does not control or endorse
the content, messages or information found in any Communication Service and, therefore,
NO GOOD DIGITAL, INC. 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 NO GOOD DIGITAL, INC. spokespersons,
and their views do not necessarily reflect those of NO GOOD DIGITAL, INC. 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 NO GOOD DIGITAL, INC. OR POSTED AT ANY NO GOOD WORLD WEB SITE
NO GOOD DIGITAL, INC. does not claim ownership of the materials you provide to NO
GOOD DIGITAL, INC. (including feedback and suggestions) or post, upload, input or
submit to any NO GOOD WORLD Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting NO GOOD DIGITAL, INC., its affiliated companies and necessary sublicenses
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. NO
GOOD DIGITAL, INC. is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in NO GOOD DIGITAL, INC.'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE NO GOOD WORLD WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NO GOOD DIGITAL, INC. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NO GOOD WORLD WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE NO GOOD WORLD WEB SITE 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. NO GOOD DIGITAL, INC.
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE NO GOOD WORLD WEB SITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. NO GOOD DIGITAL, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NO GOOD DIGITAL,
INC. 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 NO GOOD WORLD WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE NO GOOD WORLD WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE NO GOOD WORLD WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE NO GOOD WORLD WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF NO GOOD DIGITAL, INC. 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 NO GOOD WORLD WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NO GOOD WORLD WEB SITE.
SERVICE CONTACT :
customerservice@NOGOODWORLD.com
24078 Greenway Road, Suite 3
Forest Lake, MN 55025
Ph 1-877-277-6351
Fx 1-877-277-9080
TERMINATION/ACCESS RESTRICTION
NO GOOD DIGITAL, INC. reserves the right, in its sole discretion, to terminate your
access to the NO GOOD WORLD Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in Indiana, U.S.A. in
all disputes arising out of or relating to the use of the NO GOOD WORLD Web Site.
Use of the NO GOOD WORLD Web Site 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 NO GOOD DIGITAL, INC. as a result
of this agreement or use of the NO GOOD WORLD Web Site. NO GOOD DIGITAL, INC.'s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of NO GOOD DIGITAL, INC.'s
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the NO GOOD WORLD Web Site or information provided to or
gathered by NO GOOD DIGITAL, INC. 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 NO GOOD DIGITAL, INC. with respect to the NO GOOD WORLD Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and NO GOOD DIGITAL, INC. with respect to the NO GOOD
WORLD Web Site. 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 an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the NO GOOD WORLD Web Site are: © 2009 NO GOOD DIGITAL, INC. and/or
its licensors & suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
Last Updated September 3, 2009