Terms of Service

Effective May 17, 2016, 2016

The www.noblenative.com website is owned and operated by Noble Native LLC, a Missouri limited liability company (“Noble Native”). These Terms of Use (“Terms of Use” or “Agreement”) are intended to make you aware of the terms and conditions of your use of the www.noblenative.com website, any Content (as defined herein), or other products or services that are offered or provided by Noble Native (collectively, the “Website”).

 

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Noble Native, including through a registration process or other means. In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

 

Noble Native reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time. BY USING OR OTHERWISE ACCESSING THE WEBSITE, POSTING OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEBSITE, POST OR DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE.

 
GENERAL TERMS OF USE AND RESTRICTIONS ON USE

Noble Native hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms of Use are reserved by us. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website. You may not obscure or remove any proprietary rights notices contained in or on the Content. Noble Native may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at Noble Native’s sole discretion and without prior notice or liability. You further agree that such measures shall be taken in Noble Native’s sole discretion and without liability to you or any third party.

 

Unless otherwise specifically noted in these Terms of Use or on the Website, images, trademarks, service marks, logos and icons displayed on the Website are the property of Noble Native and/or its licensors and may not be used without Noble Native’s prior written consent. Any unauthorized use of any Content, whether owned by Noble Native or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Website or any part thereof or grant any other person or entity the right or access to do so.

 

This Website is offered and made available only to users 18 years of age or older and certain features on this Website (including, but not limited to, user registration) may be subject to other eligibility requirements. if you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.

 
MEMBERSHIP & REGISTRATION

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content. The Website’s practices governing your personal information are disclosed in our privacy policy. The decision to provide this information is purely voluntary and optional. However, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information.

If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Noble Native may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
CONTENT

You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Noble Native or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content posted by users via the Website (“User Content”) is the intellectual property of the specific users of the Website who post such User Content. By posting or delivering User Content, you hereby grant to Noble Native a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

 

Noble Native welcomes your comments, feedback, information, or materials regarding the Website or Content (collectively, “Feedback”). If you submit Feedback to Noble Native, please note that such Feedback shall become the property of Noble Native. By submitting your Feedback to Noble Native, you agree to assign, and hereby irrevocably assign to Noble Native, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Noble Native shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.

Noble Native does not generally monitor or otherwise remove User Content after it is posted on the Website except as required or permitted by law or otherwise in the sole discretion of Noble Native, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. Noble Native does not make any warranties or representations regarding any of the User Content. Noble Native does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. Noble Native is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
LINKS

As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by Noble Native is not intended to be an endorsement, sponsorship or recommendation by Noble Native. Please be aware that when you exit the Website, you are subject to the policies of the new Website. You further acknowledge and agree that Noble Native shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.

 
NOBLE NATIVE’S PRIVACY POLICY

Noble Native collects, stores and uses data collected from you in accordance with Noble Native’s Privacy Policy, located at www.noblenative.com/privacy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use. Noble Native may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Noble Native may transfer information collected from users in connection with a sale or restructuring of Noble Native.
USER REPRESENTATIONS

You hereby represent and warrant to Noble Native that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Noble Native is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Website or any part thereof. For any User Content that you post via the Website, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Noble Native the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.
PROMOTIONS

This Website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
PROHIBITED USES

You agree not to: (a) use of the Website to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website to post content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website or any other computer network; (d) use of the Website to post viruses, trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Website to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (f) use of the Website to engage in any activity that, as determined by Noble Native, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

 
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
EXCLUSION OF WARRANTIES / DISCLAIMER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE OR THE SERVICE, AND ANY NOBLE NATIVE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH NOBLE NATIVE USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE WEBSITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, NOBLE NATIVE GIVES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE OR THE SERVICE AND/OR COMPANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, NOBLE NATIVE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY COMPANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICE OR COMPANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE WEBSITE OR THE SERVICE OR COMPANY CONTENT WILL MEET YOUR EXPECTATIONS. NOBLE NATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE WEBSITE, THE SERVICE OR COMPANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

 

ANY COMPANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH COMPANY CONTENT OR MATERIAL.

 
LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOBLE NATIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOBLE NATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE. IN NO EVENT SHALL NOBLE NATIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR THE SERVICE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASE / INDEMNIFICATION

You agree to release Noble Native, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Website and the Service. If at any time you are not happy with the Website or the Service or object to any material within the Website or the Service, your sole remedy is to cease using them.

 

You agree to defend, indemnify and hold harmless Noble Native, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) any User Content you post via the Website, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Noble Native or third parties by you, or (e) any negligence or willful misconduct by you.

 
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, without regard to its conflicts or choice of laws principles. The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Noble Native which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Noble Native has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Noble Native may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
COPYRIGHT AND COPYRIGHT NOTICES

Noble Native respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Noble Native’s Copyright Agent the following information:

 an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;  a description of the copyrighted work that you claim has been infringed;  a description of where the material that you claim is infringing is located on the Website sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address;  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Please contact Noble Native’s Copyright Agent for Notice of Claims of copyright infringement at: copyright@noblenative.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
CHANGES TO OUR POLICIES

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at info@noblenative.com. Any changes in Noble Native’s policies will be communicated on this page. This Website is operated by Noble Native. All inquiries may be directed to info@noblenative.com.