Welcome to The Nerve. You must read, agree with and accept all of the terms and conditions contained in these Terms of Use before you may post or comment on this website. By accessing and/or using The Nerve, you agree to these Terms of Use.
From time to time, we may make changes to these Terms of Use by posting the changes here. Should you object to any such modifications to these Terms of Use or become dissatisfied with The Nerve in any way, your only recourse is to discontinue use of The Nerve. Otherwise, continuing to use the service after that date means that you agree to be bound by the changes.
Copyrights and trademarks
Material published on The Nerve, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by The Nerve, or by other information providers who have licensed their content for use on The Nerve. Additionally, the entire content of The Nerve is also copyrighted as a collective work under the United States copyright laws.. You cannot reproduce, republish or redistribute material from The Nerve in any way without the written consent of the copyright owner.
These rules also apply:
- You will not in any way violate the intellectual property laws protecting the content accessible through The Nerve. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of The Nerve or others.
- You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of The Nerve or a third-party copyright holder.
- You will cooperate promptly and completely with any reasonable request by The Nerve related to an investigation of infringement of copyright or other proprietary right.
To obtain permission to reuse or republish any material copyrighted by The Nerve, please contact info@TheNerve.org. The Nerve cannot grant permission to reuse or republish material from other information providers, such as the Associated Press or New York Times News Service. Please contact them directly.
Submissions
By submitting any content to The Nerve, including photographs, you automatically grant The Nerve and The Nerve a nonexclusive, royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way The Nerve uses such content.
Publishing Guidelines
By accessing and/or using The Nerve in any way, you are consenting to these rules:
- You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party and that you will remove the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, Nerve, national or international law, or that is otherwise inappropriate. You will indemnify The Nerve, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to content you have posted.
- You understand and agree that The Nerve is not responsible for any content posted by third parties. You further understand that The Nerve does not and cannot review all content prior to its posting. Keep in mind that more than likely you will read a post before The Nerve staff. Nevertheless, The Nerve may monitor the discussion forums as it chooses and reserves the right (but assumes no obligations) to remove, edit or otherwise alter content that it deems inappropriate for any reason without obtaining anyone's consent. We further reserve the right, in our sole discretion, to remove a user's privilege to post content in our discussion forums.
- You understand and agree that these discussion forums are to be used only for noncommercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in non-commercial activity in our discussion forums.
- You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk. The Nerve is not in any manner endorsing the content of the discussion groups and cannot and will not vouch for its reliability.
- For any content that you post, you hereby grant to The Nerve the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.
Privacy rights
The Nerve takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the The Nerve Web site or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on The Nerve are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.
You agree that The Nerve may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of The Nerve or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information, and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.
Disclaimer
While The Nerve strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does The Nerve guarantee or warrant that any files available for downloading will be free of defects. Neither The Nerve nor any of its information providers shall be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the material published in The Nerve.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of The Nerve and the accuracy and completeness of any information is with the user of our service.
Likewise, The Nerve does not warrant that our service will be uninterrupted or error-free. The Nerve makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the The Nerve Web site or any products or services sold through the The Nerve Web site.
Opinions, advice and all other information expressed on The Nerve bulletin boards represent the individual's own views and not necessarily those of The Nerve. The Nerve does not endorse and is not responsible for Nervements, advice and opinions made by anyone other than authorized The Nerve spokespersons.
Any investment decisions or other actions that users take based on information available on The Nerve should first be reviewed by a competent financial adviser or other professional.
THE NERVE’S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
In no event will The Nerve be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use The Nerve, or any information or services provided on The Nerve, even if The Nerve has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on The Nerve.
Indemnification
You agree to indemnify, defend and hold The Nerve harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Jurisdiction
This Agreement between The Nerve and its users will be governed and interpreted under the laws of the Nerve of South Carolina without regard to its conflict of laws provisions. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, and filed IN Richland County, South Carolina.
Arbitration
Any legal controversy or legal claim arising out of or relating to these Terms of Use or The Nerve, excluding legal action taken by The Nerve to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Columbia, S.C., pursuant to the rules of the American Arbitration Association, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Termination
Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate any or all of The Nerve service and/or your permission to use The Nerve service, or to block or prevent future access to and use of The Nerve.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.