Welcome to the websites, applications and services provided by MarketYou, LLC doing business as “NerdOut” which include without limitation www.nerdout.net (the “Site”). These terms govern your access and use of our Site.
By continuing to access our Site after notice of such modifications have been published, you signify your agreement to be bound by them. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing our Site and Account Security
We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Site are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users.
If you choose, or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Site or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights
Our Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by NerdOut, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from our Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Site.
- Reverse-engineer or otherwise attempt to steal the software code of our Site.
“NerdOut” and all related names, logos, product and service names, designs, and slogans are trademarks of NerdOut. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Site are the trademarks of their respective owners.
Linking to Website and Social Media Features
You may link to our homepage or other pages on our Site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part. Our Site may provide certain social media features that enable you to:
- Link to our Site from your own or third-party website
- Send e-mails or communications with our Site’s content or links to our Site’s content
- Cause portions of our Site’s content to display or appear on your own or third-party websites
You may use these features solely as they are provided by our Site, and solely with respect to our Site’s content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Prohibited Uses of our Site
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate NerdOut, a NerdOut employee, another user, or any other person or entity (including, without limitation, by using their e-mail addresses or screen names).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site, or which, as determined by us, may harm NerdOut or users of our Site or expose them to liability.
- To monitor, scrape, index, or otherwise copy any of the material on our Site by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under United States copyright law.
Additionally, you agree not to interfere with or attempt to interfere with the proper working of our Site, including but not limited to:
- Use our Site in a manner that could disable, overburden, damage, or impair our Site or interfere with any other party’s use of our Site;
- Use any device, software or routine that interferes with the proper working of our Site; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of our Site, the server on which our Site are stored, or any server, computer, or database connected to our Site; or
- Attack our Site via a denial-of-service attack or distributed denial-of-service attack.
Engaging in a prohibited use of our Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
Our Site may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through our Site.
Any User Contribution you post to our Site will be considered non-confidential and non-proprietary. By posting any User Contribution on our Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NerdOut, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Site.
Disclosure, Monitoring, and Enforcement Related to User Contributions
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Site. YOU WAIVE AND HOLD HARMLESS LIVE HAPPY EAT WELL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on our Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards for User Contributions
These Content Standards apply to any and all User Contributions. You are responsible for your own User Contributions, and you agree that, to the best of your knowledge, your User Contributions will be truthful and accurate. Do not make User Contributions that involve the following:
- Securities for sale, barter, or exchange
- Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others
- Illegal activities
- Impersonation of any person or entity, or falsely state or misrepresent your affiliation with a person or entity
- Infringement of another’s intellectual property of any type, including, but not limited to, trade secrets, trademarks, and copyrights
- Obscene, vulgar, bigoted, hateful, or racially offensive language or images
- Commercial advertising
- Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes
- Violations of any applicable local, state, national, or international law in connection with your use of our Site, including securities laws and regulations.
- Personally attacking the author of a post or other users
Furthermore, you agree that, if a third party claims that any User Contribution you have contributed to our Site is unlawful, you will bear the full burden of establishing that the User Contribution complies with all applicable laws.
How to Report Violations
Do Not Rely on Information Posted
The content of our Site is offered for general information, discussion, and entertainment purposes only. Some of the content is unmoderated and reflects the personal opinions users. You should be skeptical about any information on our Site because the information may be offensive, harmful, and/or wrong. Neither the content of our Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by NerdOut or any affiliated person or entity.
We do not warrant the accuracy, completeness, or usefulness of the information on our Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Site, or by anyone who may be informed of any of its contents.
Our Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NerdOut, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of NerdOut. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Age and User Contribution Removal
NerdOut allows minors under the age of 18 years old to access, or become Registered Users of, our Site. Notwithstanding this, if you are a minor under the age of 18 years old and a Registered User you may request removal of your User Contributions posted on our Site. To request removal of a User Contribution, you must notify us at [email protected] When you contact NerdOut to request removal of a User Contribution, we require you to authenticate your status as a Registered User and to identify the particular User Contribution to be removed by providing the (1) URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly notify us, authenticate your status as a Registered User, or properly identify the particular User Contribution to be removed, NerdOut is not required to remove your User Contribution and removal will be in our sole discretion.
Removal of User Contributions from our Site does not ensure complete or comprehensive removal of your User Contributions from our Site. NerdOut, in our sole discretion, may retain your User Contributions on our servers in some form. However, removal will render your User Contribution invisible to other users of our Site. We may, in our sole discretion, decide to anonymize your User Contribution such that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of our Site.
NerdOut is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. Likewise, to the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from our Site.
Disclaimer and Limitation on Liability
Our Site and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. NerdOut hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
NerdOut does not warrant that our Site will operate in an uninterrupted or error-free manner or that our Site are free of viruses or other harmful components. Use of our Site or information obtained from or through our Site is at your own risk.
In no event will NerdOut, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to our Site, any content on our Site or such other websites or any services obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Neither NerdOut nor our Site are an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.
Choice of Law and Forum
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to us.
The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider 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 are covered by a single notification, a representative list of such works at our 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party such as an 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.
- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Our designated agent to receive copyright infringement notifications is listed below on the Notice of Infringement form. Please mail a separate Notice of Infringement each time you would like to report an alleged act of infringement.
Waiver and Severability
Notice of Infringement Form
Attn: Copyright Department
7656 Calico Fields St. Las Vegas, NV 89149
Dear Madam or Sir:
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that the information in this Notice of Infringement is accurate, and that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ______________________________ (the “Owner”).
I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner’s rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.
Location of the alleged infringing material:
Description of the infringing material:
Description of the copyrighted work that you claimed is infringed:
You may contact me at:
Street address: ____________________________
City, State: _______________________________