USER AGREEMENT
n2backpacking is
an online information, communication, advertising and sales service provided by
N2 Ventures, Inc. Your access and use of
n2backpacking is
subject to your compliance with the terms and conditions set forth below,
including all exhibits listed (I - Terms of Use, II -
Disclaimer, III - Copyright). Please examine this document carefully before
accessing or using n2backpacking.
By accessing or using the website, you agree to be
legally bound by the terms and conditions set forth below. You may not access or
use n2backpacking
should you not want to be bound by these terms and conditions. This
User Agreement
may be modified at any time, and any such modification shall be effective
immediately upon posting at this link. By your access and use of
n2backpacking
you agree to periodically review this User Agreement and shall be conclusively bound
by any future modifications.
I. TERMS OF USE
The legal terms and conditions stated apply to
web pages (htm, html, php, asp, etc), forums, discussion
groups, chat groups, bulletin boards and any other interactive areas of
n2backpacking. Use of,
access to, or participation in any of these or any other interactive areas of
n2backpacking
constitutes acceptance of these legal terms and conditions. Your participation
in on-line communications occurs in real time and is not edited, censored, or
otherwise controlled by N2 Ventures, Inc.
The corporation cannot and does not screen all content
provided by forum users of n2backpacking.
Notwithstanding the foregoing, N2 Ventures, Inc.
reserves the right to monitor content on
n2backpacking and to
remove content which N2 Ventures, Inc. in its sole
discretion, determines to be harmful, offensive, or otherwise in violation of
these policies of operation. In order to maintain an informative and valuable
service that meets the needs of the users of
n2backpacking and
to avoid the harm that can result from the dissemination of statements that are
false, malicious, violate of the rights of others, or otherwise harmful, the following rules
are hereby enacted to protect against abuse:
1.0. Site Restrictions: While using n2backpacking
you may not;
a. transmit any email message anonymously or under a
false name;
b. post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, profane
or otherwise objectionable information of any kind, including without limitation
any transmission constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local,
state, national or international law. It is not the
corporations intent to discourage you from taking controversial positions
or expressing vigorously what may be unpopular views or opinions; N2
Ventures, Inc. does, however, reserve the right to take such action as it
deems appropriate in instances where
n2backpacking is used to disseminate statements which
are deeply and widely offensive and/or harmful in nature;
c. post or transmit any message which discloses private
or personal matters concerning any person;
d. post or transmit any information, file or software
that contains a virus, cancelbolt, worm, Trojan Horse or any other contaminating
or destructive features;
e. post or transmit any message, data, image or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used in an infringing
fashion;
f. post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid schemes;
g. advertise or
offer to sell any goods or services for any commercial purpose, with the
exception of members termed experts or travel providers;
h. post, list or transmit articles, which are off topic
according to the description of the group affected;
i. conduct, display, or forward
surveys, contests, pyramid schemes, "spam" or chain letters;
j. impersonate, or otherwise
misrepresent your affiliation with, any other person or entity;
k. falsify or delete any attributions, legends or other
proprietary designations of the origin or source of software or other Content
appearing on the Web-site or contained in a file that is uploaded;
l. harm minors;
m. stalk or harass another individual;
n. collect or store personal data about other members;
or violate any applicable local, state, federal, or international law or
regulation.
1.1. Trademarks:
n2backpacking
is a service mark of
N2 Ventures, Inc. You agree not to display or use in
any manner any marks of n2backpacking
without the corporation's prior permission. Third party
trademarks, service marks, logos and trade names appearing on the Web-site are
the property of their respective owners. For details on
service marks available for use click to
this
link.
1.2. Privacy: Your privacy
is important to n2backpacking.
All information gathered from you in connection with your use of the
website will be governed by the provisions of the
Privacy Statement.
1.3. Links to Third Party Sites: The links at
n2backpacking
will allow other sites to be accessed via the Internet. These linked sites are not under the
control of N2 Ventures, Inc. and the corporation is not responsible for the
contents of any linked site. N2 Ventures, Inc. provides links only as a
convenience, and such inclusion of any link does not imply endorsement by N2
Ventures, Inc. of the third party site.
II. SITE DISCLAIMER
YOU AGREE THAT YOUR USE OF THIS SERVICE AT
n2backpacking
IS AT YOUR OWN RISK. YOU UNDERSTAND
THAT THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH
ELECTRONIC INFORMATION. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL
AND/OR DATA PROVIDED FROM N2 VENTURES, INC.
n2backpacking
IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.* N2 VENTURES,
INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE. NOR
DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE.
UNDER NO CIRCUMSTANCES SHALL N2 VENTURES, INC. OR THEIR AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF
n2backpacking,
INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, OR SIMILAR DAMAGES, EVEN IF THE CORPORATION IS ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. FOR WEBSITE VISITORS IN STATES WHICH DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF N2 VENTURES, INC. AND
THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF N2 VENTURES, INC.
AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF
LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU
PAID TO THE SERVICE FOR THE USE OF THE SERVICE.
2.1. Waiver, Release and Limitation
of Liability:
YOU AGREE THAT NEITHER N2 VENTURES, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR
INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT,
NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEBSITE,
INCLUDING, BUT NOT LIMITED TO
(A) YOUR USE OR INABILITY TO USE THE WEBSITE,
(B)
YOUR RELIANCE ON CONTENT OF THE WEBSITE, AND
(C) ANY GOODS, SERVICES OR OTHER
WEBSITES ADVERTISED AT n2backpacking,
EVEN IF N2 VENTURES, INC. OR SUCH RELATED PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER
WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST N2 VENTURES, INC., ITS OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT
PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE
NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
2.2. Indemnification: You agree to indemnify, defend and hold harmless
N2 Ventures, Inc. its officers, directors,
shareholders, affiliates, employees, consultants, agents, licensors, content
providers and suppliers from any and all third party claims, liability, damages,
losses, expenses and/or costs (including but not limited to reasonable
attorney's fees) arising from your failure to comply with these terms and
conditions; your
negligent or wrongful conduct, your infringement or violation of any
intellectual property or other right of a third party, Content provided by you
or from your violation of any applicable law.
2.3 Applicable Law:
These terms and conditions shall be governed by and construed in accordance with the laws of the
State of Georgia, without giving effect to any conflict of laws provisions.
III. COPYRIGHT
The entire contents of
n2backpacking
are copyrighted under the United States copyright laws. N2 Ventures, Inc. is the
exclusive owner of the copyright. You may print and download portions of the
materials solely for your non-commercial use. Any other copying, redistribution,
publication or retransmission of any portion of
n2backpacking
material is strictly prohibited without the express
written permission of N2
Ventures, Inc. or any third party information provider to
n2backpacking.
You agree not to change or delete any proprietary notices from any materials
downloaded from n2backpacking.
You further agree to grant to N2 Ventures, Inc. a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to reproduce,
transmit, distribute, create any derivative works of, publicly use or display
any materials or other information (including, but not limited to, ideas,
concepts or techniques for new or improved services and products) you publish to
n2backpacking
by any means or by any media now known or hereafter developed. You further agree
that any such communication you make to n2backpacking (whether information,
feedback, data, questions, comments, suggestions or the like) shall be deemed
not to be confidential. By your acceptance of this User Agreement you
also grant to N2 Ventures, Inc. the right to use your name in connection with
the submitted materials and other information as well as in connection with any
and all advertising, marketing and promotional material related thereto. You
further agree and acknowledge that you shall have no recourse against N2
Ventures, Inc. for any alleged or actual infringement or misappropriation of any
proprietary right in your publications or communications to us.