Nation of Size
Terms of Use
By clicking on the “I ACCEPT” button or visiting and/or using the Nation of Size website (the “Site”), you (“User”) agree that you have read, understood and accepted the Terms of Use below for all use of the Nation of Size Services (the “Services”), the Privacy Policy, and Linking Policy, which are incorporated herein by reference. If you do not agree to these Terms of Use, do not use any of the Services.
1. Eligibility
By clicking on the “I ACCEPT” button you are representing that you are: (1) at least 18 years old; (2) capable of entering into a legally binding agreement; (3) a resident of the United States; (4) will use the Services only for personal use and not for commercial use and (5) will not transfer membership account or username to others.
2. These Terms of Use May Change
The Nation of Size, LLC (“NOS”) reserves the right to update or amend these Terms of Use at any time. The amended Terms of Use shall automatically be effective five (5) days after they are posted on the Site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms of Use as modified by the posted changes. For this reason, we encourage you to review these Terms of Use whenever you use the Services. The last date these Terms of Use were revised is set forth below.
3. Registration Information
To use our Services, you must complete the registration process that is presented upon your acceptance of the Terms of Use. During the registration process, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) notify us immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Services.
4. Passwords
Upon registration for the Services, you will be assigned a password of which you will have the option to reset from time to time. You understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your password. NOS shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password and you agree to indemnify NOS for any violation of this paragraph. If a password is lost or stolen it is the user’s responsibility to notify NOS, so that the missing password can be deactivated and a new one assigned.
5. Site Content and Limited License
Other than the User Content (as defined below), all of the content you see, hear, experience or otherwise download through the Site, including, but not limited to NOS Trademarks (hereinafter discussed), NOS Links (as defined in the Linking Policy) text, graphics, photos, sounds, music, videos interactive features, postings, user communications, comments and the like (“Content”) are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by NOS or by third parties who may own them and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. “NOS Trademarks” shall mean any trademarks, service marks, slogans, logos, designs or other means of distinction used by NOS to designate the source of its goods or services from time to time. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
To the extent that NOS expressly makes available to you such Content for download through the Site for purpose of incorporation of the Content into any User Content, NOS grants to you a nonexclusive, nontransferable and revocable right to use such Content (solely in the format as expressly prescribed by NOS) solely for the purpose of exercising your right to submit User Content with the Content incorporated therein as expressly requested by NOS from time to time through NOS’ s Services. In exercising the foregoing license, you agree that: (i) you will not use the Content in any way that is obscene, defamatory, libelous, slanderous, or that is threatening or otherwise invades the rights of any third party, (ii) you will not use NOS Trademarks in any way that is dilutive or impairing the rights of NOS in the NOS Trademarks or damage the reputation or image of NOS, in its sole opinion, and (iii) you will not use the Content in any manner to make it appear that the owner or licensor of such Content is endorsing, sponsoring or affiliated with you or any third parties. You agree that you will not use the Content to endorse and/or promote the sale of a particular product or service. The foregoing license expires or terminates automatically upon: (i) the expiration, withdrawal or termination of such request for incorporating the Content into any User Content, as indicated on the Site from time to time or (ii) in NOS’s discretion, a breach by you of any terms of this Terms of Use. NOS and/or appropriate third party licensors reserve all rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted herein, including any use, copyright, or distribution of User Content of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copyright of any Content or enforce limitations on use of the Site or the Content therein.
6. User Content
By using the Site, you may submit to the Site content and/or communications, which means, without limitation, video, music, graphics, photos, data, e-mails or comments which you have provided, made available or communicated to NOS under these Terms of Use (collectively, the “User Content”). NOS may now or in the future permit the hosting, sharing and/or publishing of such User Content, other than those deemed as personally identifiable information as set forth in NOS’s Privacy Policy (such as name and e-mail address). You understand that whether or not such User Content are published, NOS does not guarantee any confidentiality with respect to such User Content, other than those deemed as personally identifiable information as set forth in NOS’s Privacy Policy (such as name and e-mail address).
You are entirely responsible for all User Content that is uploaded, posted, transmitted or otherwise made available via the Site by you or through your account, if any. In connection with the User Content, you affirm, represent and/or warrant that: (i) you own or have the necessary licenses, permits, rights and consent to use and authorize NOS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use, (iii) you will make such consent, release, and/or permissions available to NOS upon request and (iv) you agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of NOS . YOU WILL, AT ALL TIMES, REMAIN AS OWNER OF YOUR USER CONTENT.
By submitting the User Content to NOS, you hereby grant to NOS a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and NOS’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats or by any means, methods, or technologies now known or hereafter to be known. NOS will own any derivative works or improvements created under the Terms of Use that are based upon or that incorporate User Content excluding the User Content itself.
You warrant, represent and agree that you will not contribute any User Content that: (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NOS all of the license rights granted herein; (ii) unlawful, false, inaccurate, misleading, libelous, defamatory, obscene, pornographic, abusive, threatening, harassing, hateful, offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) impersonate any other individual, including without limitation another User or an NOS staff member; (iv) copy or post any personal messages sent to you via the Site, (v) post advertisements or solicitations of business or (vi) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of or monitor or persistently reside in or on any computer software or hardware or telecommunications equipment. NOS reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if NOS is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
7. Submissions
While NOS is pleased to hear from users of the Services, company policy prohibits NOS from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy NOS seeks to avoid any potential future misunderstandings that may occur when projects developed by employees, licensors, or contractors of NOS, by and for the sole use of NOS, might seem to others to be similar or identical in nature to their own creative work and/or submission(s).
If, despite this request, you submit to NOS any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) are considered, and shall remain, the property of NOS. You further agree and acknowledge that NOS shall not be liable for the use or disclosure of such submission(s), that NOS shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such submission(s), and that NOS shall own exclusively all rights to the submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe.
8. Copyright Infringement Policy
NOS has developed its copyright policy in accordance to the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, (http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws. Responses to a copyright claim may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user account(s). If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected User Content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a written notification to NOS via email or certified mail that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on the Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NOS to locate the material.
Information reasonably sufficient to permit the NOS to contact the complaining party, such as your legal name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit the notification
If by mail to:
The Nation of Size, LLC
Attn: Edward Dintrone
1 Wolfs Lane, Ste 18
Pelham, New York 10803
or
if by e-mail to: legal@nationofsize.com
9. No Commercial Use
The Site is intended for personal use only. NOS does not grant use of the Site to commercial entities to host video content. NOS retains the right to determine the commercial nature of the site in question for the purposes of enforcing the No Commercial Use clause.
10. No Interference and Unauthorized Access
You agree that you will not: (a) attempt to circumvent user authentication or the security of any NOS account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy NOS's web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on NOS's infrastructure, including without limitation "denial of Services attacks."
If you in any way violate any system or interfere with network security you may incur criminal or civil liability. NOS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
11. Advices and Opinions
The Site contains facts, views, opinions and statements of third parties and other organizations. NOS does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that NOS shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site.
NOS does not represent or endorse the accuracy, reliability, integrity or legality of User Content. NOS hereby disclaims any liability for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any User Content posted, emailed or otherwise transmitted via the Services. NOS shall have no obligation to review the User Content. NOS shall have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Services or to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, modify, refuse to post or remove any User Content, in whole or in part, that in NOS’s sole discretion is in violation of these Terms of Use.
References on the Site to any hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or Services by NOS. NOS does not endorse nor make any warranties or representations about any web site you may access through the Site, including the availability or accuracy of such web sites or resources. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. You need to make your own decisions regarding your interactions or communications with any other web site.
14. Third Party Softwares
In order to use the Services, you may be required to have certain software, which are your sole responsibility. NOS may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company's Terms of Use, and the agreement will be between you and the respective company. NOS does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. NOS does not offer any warranty on any third-party software you download using the Services, and all such third-party software shall be subject to the individual company's applicable warranties and support Services, if any.
Click here to read NOS’s Privacy Policy.
16. Linking Policy
Click here to read NOS’s Linking Policy.
17. Termination of Services
You may terminate these Terms of Use at any time and for any reason by providing notice to us in the manner specified on the Site. You agree that NOS, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and remove and discard any User Content within the Services, for any reason, including, without limitation, if NOS believes that you have acted inconsistently with the letter or spirit of the Terms of Use. NOS also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Services and any discontinuation by NOS in providing the Services may be effected without notice to you and that NOS shall be under no obligation to retain any of your User Content, provide any further access to your User Content or return any User Content to you. You should therefore make backups of your User Content prior to uploading, posting, transmitting or otherwise make available via the Site by you or through your account such User Content. Further, you agree that NOS shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services. Further, you agree not to attempt to use the Services after said termination. Termination is without prejudice to all other remedies available to NOS at law and under this agreement.
18. Survival
All provisions of the Terms of Use will survive termination, including, without limitation, Content and User Content provisions, warranty disclaimers, indemnity and limitations of liability.
YOU AGREE THAT USE OF THE NOS SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE NOS SITE AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NOS SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NOS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NOS SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE NOS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NOS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NOS SITE OR SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL NOS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF NOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NOS SITE, CONTENT OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NOS SITE, CONTENT OR SERVICES, FROM INABILITY TO USE THE NOS SITE, CONTENT OR SERVICES, THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NOS SITE, CONTENT OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NOS SITE OR SERVICES OR ANY LINKS ON THE NOS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NOS SITE OR SERVICES OR ANY LINKS ON THE NOS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Site is controlled and offered by NOS from its facilities in the United States of America. NOS makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
21. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NOS without restriction.
You will defend, indemnify and hold harmless NOS, its officers, directors, employees and agents from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings (each a "Claim") made or brought by any third party against any of the indemnitees, including without limitation reasonable legal fees and expenses, in connection with (i) your use of and access to the Site, Services and/or Content (ii) your breach of any representation or warranty in these Terms of Use, or (iii) any claim or allegation that your User Content and intellectual property contained in your User Content contain any material or information that is obscene, defamatory, libelous, slanderous, or that is threatening or otherwise invades the rights of any third party. NOS shall provide you with prompt notice of any indemnifiable Claim. You understand and agree that NOS will not intend, nor will it be required, to edit or review for accuracy, ownership or appropriateness any of your User Content.
23. Governing Law
These Terms of Use shall be interpreted in accordance with the laws of the State of New York without regard to conflict of laws principles. You and NOS agree to submit to the personal and exclusive jurisdiction of the courts located in New York. Either NOS or you may demand that any dispute between NOS and you arising out of these Terms of Use must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) located in New York, New York. YOU AND NOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. NOS’s failure to act with respect to a breach by any User does not waive NOS’s right to act with respect to subsequent or similar breaches. The failure of NOS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use which includes our Privacy Policy and Linking Policy constitutes the entire agreement between NOS and User with respect to the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NOS Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
LAST UPDATED: January 3, 2007
Click here to read our Privacy Policy.
Click here to read our Linking Policy.