Terms of Use

© Copyright 2008-2009, nSixty, LLC. All Rights Reserved. No portion of this website may be reproduced, copied or revised without written permission.

Welcome to nSixty.com. nSixty LLC or its affiliates ("nSixty") provides its services to you subject to the following terms and conditions. If you visit or use this website, use any services on this website, or provide any Information (defined below), you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future service you also will be subject to the guidelines and conditions applicable to such service or business.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. NSIXTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.NSIXTY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS WEBSITE AT ANY TIME IN ITS DISCRETION.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,NSIXTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.NSIXTY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM NSIXTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.NSIXTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Applicable Law and Disputes

By visiting this website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and nSixty. By using this website, you agree that nSixty, at its sole discretion, may require you to submit any disputes arising from the use of this website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Otherwise, any dispute relating in any way to your visit to this website or to services offered by or through nSixty in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Cuyahoga County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your visit to this website. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Reviews, Comments, Communications, and Other Content

If you submit or respond with stories, information, feedback, data, questions, comments, suggestions, ideas, reviews, photographs, videos, or the like (collectively, "Information") on this website, you agree that any such Information is not confidential. You grant nSixty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. You grant nSixty and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this website's policies and will not cause injury to any person or entity, and that you will indemnify nSixty for all claims resulting from content you supply. nSixty has the right but not the obligation to monitor and edit or remove any activity or content.

You may post Information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, unauthorized political campaigning, unauthorized commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. nSixty reserves the right (but not the obligation) to remove or edit such Information but does not regularly review posted content or determine whether it violates the Terms and Conditions.

Photograph or Video Submission

Any photograph or video (collectively, "Video") provided by you is assumed to be your copyrighted property and made available to nSixty for nonexclusive use. Your submission of any Video is your guarantee that you are the author and copyright holder of the Video. We accept Video submissions with the understanding that you have acquired permission for its use from any recognizable person in the Video. nSixty is permitted by you to convert the Video to an appropriate file size, crop or otherwise modify at nSixty's discretion, and publish on this website or on any associated website or online database owned or controlled by nSixty. By uploading a Video, you further agree to allow other users and internet "surfers" to view, share, and print, and you therefore agree to allow us to display and store your image and any other persons in the Video.

Submittal of a Video does not guarantee publication on this website or on any associated website or online database owned or controlled by nSixty.

Videos published may be accompanied by a contributor’s credit, although an omission or error in such credit shall not invalidate the usage permission granted by you. nSixty may retain your Video for archival purposes.

Model Release

If you are submitting a Video that includes an adult or child (collectively, "Model"), you agree to give permission to nSixty to use your name, information, and the photographic likeness of you or any other Model on this website or on any associated website or online database owned or controlled by nSixty. If other adult Models appear in the Video, you have obtained their permission to submit for publication. If the Model is under 18 years of age, you are the parent or legal guardian of the individual. You have read this release and approve its terms.

Limited Terms of Use

By using this website, you are agreeing to be bound by the following terms and conditions:
You must be 18 years and older or are a minor with parental consent to use the services provided by this website or by nSixty.
You are personally responsible for any activity that occurs under your screen name or blog name.
You must not abuse, harass, threaten or intimidate other users of this website.
You may not use the this website or any services or features on it for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any Information that you submit, post, and display on this website.
You must not modify, adapt or hack this website or modify another website so as to falsely imply that it is associated with this website.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of this website, violate any laws in your jurisdiction (including but not limited to copyright, trademark, or other laws).
You must not contribute any Information to the forums or any service offered by this website that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party.
nSixty has the right to use any Video (defined below) with its nSixty.com website or affiliated websites for use and viewing by the public.

Copyright and Trademark

All media elements in the nSixty.com domain, including text, audio, video, graphics, HTML, multimedia and other content, are owned and copyrighted or trademarked by nSixty or licensed to nSixty, with the exception of elements provided by attractions, partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark. The content used within website tools including, but not limited to, images, text, attraction descriptions and location data, is protected by U.S. or international copyright or trademark laws. nSixty's trademarks and trade dress may not be used in connection with any product or service that is not nSixty’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits nSixty.

nSixty respects copyright law and expects our readers/viewers to do the same. Unauthorized copying or distribution of content is an infringement of the copyright holder's rights. nSixty may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. nSixty will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit nSixty to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have 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; and
A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

 

Please contact us at info@nSixty.com or 877.755.4390 if you have any questions.