1. Definitions. Nickscipio.com, hereinafter referred to as ‘SITE,’ is the interactive on-line service operated by Nick Scipio (‘OPERATOR’). ‘USER’ means each person who establishes or makes use of a connection for access to and use of the SITE.
2. General. This Agreement, which incorporates by reference other provisions applicable to use of the SITE, including, but not limited to, any supplemental terms and conditions set forth below (‘Supplemental Terms’) governing the use of certain specific material contained in the SITE, sets forth the terms and conditions that apply to use of the SITE by the USER. By using the SITE (other than to read this Agreement for the first time), USER agrees to comply with all of the terms and conditions hereof.
3. Adult Material. This SITE contains and/or links to sites that contain visual, audio, and/or textual depictions of nudity and sexual situations. Persons under eighteen (18) years of age and persons who may be offended by such depictions may not directly or indirectly download, acquire, view, read, listen to, or possess any photograph, video file, sound file, textual material, advertisement, or other communication, message or other content at, in, or through the SITE, nor place any order for any goods or services at, in, or through connection to or from the SITE.
If USER is under the age of eighteen (18) years or is offended by such materials, USER is not authorized to download any materials from the SITE and any and all such downloading shall constitute intentional infringement of the copyright owner’s rights in such materials. All materials, messages, and other communications contained at the SITE are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. All materials, messages, and other communications available at the SITE are for the private use and enjoyment of the SITE’S authorized visitors only; any resale or other use of any kind is strictly forbidden except where explicitly permitted. USER agrees that the files obtained from the SITE are for USER’S own personal use and that the USER will not redistribute them or otherwise make them available to any person under the age of eighteen (18) years.
4. Changed Terms. The OPERATOR of the SITE shall have the right at any time to change or modify the terms and conditions applicable to USER’S use of the SITE, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the SITE, or by electronic mail, or by any other means by which USER obtains notice thereof. Any use of the SITE by USER after such notice shall be deemed to constitute acceptance by USER of such changes, modifications or additions.
5. Limitations of Use. USERS are responsible for reviewing this page from time to time to ensure compliance with any additions or other modifications. USER agrees that USER’S access to any service or page hosted or otherwise provided by, on, or at the SITE may be temporarily or permanently removed at any time for any reason, and such decisions are to be made solely at the discretion of the OPERATOR of the SITE and such decisions are final.
6. Applicable Laws. The SITE originates from and is maintained in the United States of America, and the OPERATOR makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. USERS who access the SITE from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.
(A) USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER THE SITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) 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. USER SPECIFICALLY ACKNOWLEDGES THAT THE SITE OPERATOR 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 USER.
(D) IN NO EVENT WILL THE SITE OPERATOR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE OPERATOR, NOR ANY AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER THE OPERATOR, NOR ANY AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Any claims relating to the materials or the SITE will be governed by Colorado law.
8. Miscellaneous. This Agreement and any operating rules for the SITE established by the OPERATOR constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
9. Indemnification. USER agrees to defend, indemnify and hold harmless the OPERATOR, any affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the SITE by USER, if any.
10. Copyrights and Trademarks. Except where explicitly noted, all material contained on the SITE is © Nick Scipio. All rights reserved. All other copyrights and trademarks appearing on the SITE are the property of their respective owners.