Nessa Publishing Terms of Use

TERMS OF SITE USE

Please read and understand the following carefully.

This Web site www.nessapublishing.com (the “Web site”) is provided by Nessa Publishing for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules for the Web site that may be published from time to time by Nessa Publishing . By visiting or using this Web site, you are deemed to have agreed to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Web Site. Nessa Publishing may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Web site. You should check these Terms and Conditions periodically for changes. By using this Web site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications.

Please note that when you enter any subsite accessible through this Web Site, such subsite may have its own terms and conditions of use which is specific to that subsite.

PURPOSE OF THIS SITE

The purpose of this Web site is to provide users with information about and services concerning Nessa Publishing . Certain areas of the Web site may request you to provide information about yourself. Your provision of information to Nessa Publishing in these areas is subject to our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

As between Nessa Publishing and you, Nessa Publishing is the sole owner or licensee of all content on the Nessa Publishing Web site, including without limitation, all applicable U.S. and non-US. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (“Site Material”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site Material or any portion thereof, for any purpose without the express permission of this site.

Images of people or places displayed on the Site are either the property of, or used with permission by, Nessa Publishing. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered Trademarks of Nessa Publishing. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Nessa Publishing or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Nessa Publishing will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Claims of Copyright Infringement

Nessa Publishing, (“Nessa”) respects the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes infringement on the Nessa Publishing web site, please provide the following information to Nessa’s Copyright Agent:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

AUTOMATIC DATA COLLECTION

The website automatically gathers information such as the date, time, browser type, navigation history, and IP address of all visitors to our site. We use this information for our internal security audit log, trend analysis, and system administration, and to gather broad demographic information about our user base. By visiting our site, you affirmatively consent to our collection, use, and distribution of your data. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address).

RESTRICTIONS ON USE OF MATERIALS

The Site Material is intended for informational purposes only. Except as expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt, sell, package, or in any way exploit the Site Material in any way without the prior express written permission of Nessa Publishing. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Web site.

UNSOLICITED MATERIALS

Nessa Publishing does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web site or Nessa Publishing’ mail and email addresses, or in any other way. Any information or material submitted or sent to Nessa Publishing will be deemed not to be confidential or secret. By submitting or sending information or other material to Nessa Publishing you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Nessa Publishing you grant Nessa Publishing the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You also warrant that any "moral rights" in posted materials have been waived.

LINKED SITES

This Web site provides links to other web sites ("Linked Sites"). Linked Sites are not reviewed, controlled by Nessa Publishing in any way and Nessa Publishing is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Nessa Publishing’ endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Nessa Publishing be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Nessa Publishing reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Nessa Publishing Web site and/or introduce different features or links to different users.

DISCLAIMER OF WARRANTIES

THIS WEB SITE AND THE SITE MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Nessa Publishing SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THIS WEB SITE AND THE SITE MATERIAL; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF OR INABILITY TO USE, THIS WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. Nessa Publishing DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. Nessa Publishing DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT MATERIALS. YOU (AND NOT Nessa Publishing OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Nessa Publishing , ITS OFFICERS, DIRECTORS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF Nessa Publishing SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.

INDEMNIFICATION

By using this Web site, you agree to defend, indemnify and hold Nessa Publishing, its affiliates, officers, and directors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of, or inability to use, the Web site, the uploading, posting, emailing or transmission of any Web site material, or any violation of these Terms and Conditions or law or regulation by you.

APPLICABLE LAWS/JURISDICTION

Nessa Publishing may amend these terms at any time by posting the amended terms and conditions on its website. The rights and obligations of the parties under this agreement shall be governed by the laws of the State of California. The Superior Court of San Bernardino County will have exclusive jurisdiction and venue over all controversies.

We control and operate this Web site from our office in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any inquiries concerning these terms and conditions of use should be directed to:

Legal Counsel
Nessa Publishing
10808 Foothill Blvd. #160-310
Rancho Cucamonga, CA 91730

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