Terms Of Use

Terms and Conditions
Welcome to NOMADSLAND. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully.
Unless otherwise stated, these Terms of Service apply to all Services. All content and additional or replacement services made available through the NOMADSLAND Site that were not made available as of the “Last Updated” date above shall automatically be deemed to be part of the “Services” when first made available through the NOMADSLAND Site.
If you do not understand and agree to these Terms of Service, please do not use the NOMADSLAND Site or any Services (as defined below), and do not register to be a member of NOMADSLAND. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us here. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Service.
Overview: Membership
The NOMADSLAND website offers a paid membership service which allows our members to place the embed code of third party video services on our website and assign accompanying buttons to drive fundraising and action campaigns. Each authored post contains customizable buttons which are programmed by each member and appear below the video. NOMADSLAND is designed as a both a direct-to-consumer site and a white-label publishing service. Members are encouraged to distribute our transactional video players on their own websites and newsletters as they deem fit. We also provide automatic promotional services by automatically syndicating posted videos from partners to our own Facebook, Twitter and RSS communities.
Overview: Non-Members
Visitors to our site may post comments and reviews about videos appearing on www.nomadsland.com. They may also share these videos on their own third-party social networking and social bookmarking services. No registration is required for casual visitors. Visitors wishing to make comments may do so through Facebook Connect, OpenID, Twitter or an IntenseDebate account.
Overview: NomadsLand Network
Visitors to our site may also join the social network NomadsLand Network (located at community.nomadsland.com) free of charge. NomadsLand Network is a professional community organization of video producers, non-profit staffers and social entrepreneurs. Membership is subject to review by our staff based on the registration requirements listed on the NomadsLand Network registration page. As the NomadsLand Network is powered by Ning, members must also comply with Ning’s Terms of Service.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Trademarks
NOMADSLAND LLC, NomadsLand.com and the NomadsLand Network are trademarks or registered trademarks of NOMADSLAND LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Copyright
The website, its design, graphics, logos, transactional video players and iFrame content delivery mechanism are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
The copyright for individual video content as displayed in the third party video service remains the property of the original author or organization responsible for producing the video, not NOMADSLAND. NOMADSLAND hosts no video files on its own sites. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed in Limited Right to use section, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Limited Right to Use
The viewing, printing or downloading of content from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use. Video publication and distribution is permitted by embedding transactional video players and sharing them on blogs, social networking and social bookmarking services. The embedding or sharing of a video in a transactional video player is permitted without restriction for republication, distribution and sharing on social networks.
Membership Registration
In order to use our authoring privileges, you must become a registered member of the NOMADSLAND Site. You agree that NOMADSLAND Site user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc . Please note that your user name may be viewed by the public, so you we strongly encourage you to select a Nickname in your profile that accurately represents your organization or affiliation with that organization.
If you elect to register to use the Services, utilize the NOMADSLAND Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the NOMADSLAND registration form and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or NOMADSLAND has reasonable grounds to suspect that such is the case, NOMADSLAND has the right to suspend or terminate your account (including paid, membership accounts) and refuse any and all current or future use of the NOMADSLAND Site and/or Services (or any portion thereof).
At any time you may elect to become a paying member of the NOMADSLAND Site by subscribing and paying the associated membership fee(s). Members have are granted publishing privileges and may have access to more areas, functions and types of Services than visitors.
Credit Card Information
If you choose to become a member, you may need to give personal information and payment authorization to use our services. All credit card transactions for membership subscriptions are handled securely through PayPal through a Certified Business Account. We do not keep any member financial details stored in any way on NOMADSLAND’s databases.
You represent and warrant that if you are purchasing a membership subscription from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
For an in depth description of NOMADSLAND’s specific services and benefits, as well as current pricing and subscription offerings, click here. Members may cancel their paid membership subscription at anytime through the “Unsubscribe” link at the bottom of our home page. This link will direct the customer back to PayPal for membership cancellation.
Refund Policy
If you find the recurring monthly membership subscription purchased by you proves to be defective or not to your reasonable satisfaction, you can cancel your membership at any time by clicking on the “Unsubscribe” link at the bottom of our home page. A successful cancellation of a NOMADSLAND subscription through PayPal ceases automatic payments from the time the cancellation is made. This does not entitle the member to any refund for fees incurred prior to cancellation.
Password Security
In addition to any other Registration Data, in order to register on the NOMADSLAND Site you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you “log off”/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Profile Page
When you register for a NOMADSLAND Site account, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, profile image, your organization and organizational bio.
Video Uploads
Videos referred by your video embed code(s) and placed on NomadsLand shall at all times remain your sole and exclusive property. As such, you shall be solely responsible for your videos and the consequences of their posting or publication on or via the Services. Videos, like any Submissions (as defined below), are subject to NOMADSLAND’s COMMUNITY STANDARDS AND CONDUCT policy below.
By submitting your video(s), you hereby grant NOMADSLAND and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license, revocable upon removing the video from NOMADSLAND, to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your videos or any portion thereof, in or through any medium, whether now known or hereafter created.
You also grant each user (or specified users, if a video is designated “private”) of the NOMADSLAND Site or Services a limited, non-exclusive, non-transferable, personal and non-commercial license to access and view your video through the NOMADSLAND Site or any other access point authorized by you and/or NOMADSLAND. This right to access and view your video shall include, solely to the extent necessary, the right to copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your video. Unless designated “private,” all video uploads will be deemed public information.
When you remove or otherwise delete a video from the Services, the licenses granted by you to NOMADSLAND and the NOMADSLAND Site users shall terminate.
NOMADSLAND Community Standards and Conduct Policy
You agree that you are entirely responsible for any Submission that you post, email or otherwise transmit to or via the NOMADSLAND Site or Services, whether publicly posted or privately transmitted.
You agree to not use the NOMADSLAND Services (including, without limitation, the NOMADSLAND Site and the Forums) to:
• Upload, post, e-mail or otherwise transmit any Submission that is not designed to promote the work of a registered nonprofit or incorporated social enterprise;
• upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, an NOMADSLAND official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit other users of the NOMADSLAND Site to join or become members of any online or other service;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• collect or store personal data about other users, or members.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any video, posting documents, information or other content appearing on the Site. Likewise, you have the right to edit or delete any individual video or cancel your subscription membership at any time.
Indemnification.
ou agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Editorial Review
NOMADSLAND editorial team reviews all Video Submissions posted to or created by Members accessing the Services. We do so to ensure the videos represent the interests and missions of bonafide non-profits, social enterprises and social issue filmmakers and video producers.
NOMADSLAND reserves the right to (i) monitor some, all, or no areas of the video postings, profiles, comments and Forums for adherence to these or other rules that may be published from time to time; and (ii) block or remove videos, comments, forum postings, submissions or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to NOMADSLAND, in its sole discretion.
Waiver; Representations & Warranties
By submitting a video or Submission, you waive the right to make any claim against NOMADSLAND, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the video or Submission, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called “droits morales” and any right of attribution you may have in any materials uploaded or sent to us by you.
You represent and warrant that your video or Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for NOMADSLAND, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your video or Submission by means of the Services in order to keep that information true, accurate, current and complete, as necessary.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. Links on transactional video players by members are reviewed by our staff prior to publication.
Disclaimer
NOMADSLAND and its service providers utilize diligent efforts to maintain the Services, but NOMADSLAND and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
Disclaimers Of Warranties:
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. NOMADSLAND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
WITHOUT LIMITATION, NOMADSLAND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING EMAILS, SUBMISSIONS, CONTENT OR OTHER MATERIALS OR COMMUNICATIONS SENT VIA THE SERVICES, 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 OR USE OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM NOMADSLAND PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOMADSLAND 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 NOMADSLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE NOMADSLAND SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE NOMADSLAND SITE. IN NO EVENT SHALL NOMADSLAND’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 NOMADSLAND SITE.
You acknowledge and agree that NOMADSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by NOMADSLAND. You acknowledge and agree that NOMADSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the NOMADSLAND Site or any third party licensors or suppliers of NOMADSLAND.
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. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NOMADSLAND, LLC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE NOMADSLAND SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY NOMADSLAND OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination And Modification
In addition to any other rights or remedies available to it, NOMADSLAND reserves the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when NOMADSLAND believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages or Forum posts, or with any fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay NOMADSLAND liquidated damages of $5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay NOMADSLAND’s actual damages, to the extent such actual damages can be reasonably calculated.
You agree that NOMADSLAND, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Submission(s) or other content within the Services, for any reason, including, without limitation, for lack of use or if NOMADSLAND believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. NOMADSLAND may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that NOMADSLAND may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that NOMADSLAND shall not be liable to you or any third-party for any termination of your access to the Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
Intellectual Property
You acknowledge that the NOMADSLAND Site and Services contain information, software, photos, video, text, graphics, music, sounds or other material (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. All NOMADSLAND-generated Content and Content provided to NOMADSLAND by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, NOMADSLAND owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the NOMADSLAND Site as a whole. Subject to your compliance with the TOS, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Service. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by the NOMADSLAND Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Services, including the NOMADSLAND Site, the Content or the Software.
The NOMADSLAND name and logo(s) are the exclusive property of NOMADSLAND, LLC. or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Third Party Intellectual Property; Copyright Notifications
NOMADSLAND asks its users to respect the intellectual property of others. NOMADSLAND may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. NOMADSLAND will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. Our DMCA Notifications and Counter-Notifications process is available here, and is hereby incorporated by reference into these Terms of Service.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) 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
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
be reached as follows: info@nomadsland.com
Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide the NOMADSLAND’s Copyright Agent with a written counter-notification containing all of the requisite information.
NOMADSLAND respects the intellectual property of others, and we ask our users to do the same. NOMADSLAND may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. NOMADSLAND will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. Our DMCA Notifications and Counter-Notifications process is available here, and is hereby incorporated by reference into these Terms of Service.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NOMADSLAND’s Copyright Agent with a written notification containing all of the requisite information.
Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide the NOMADSLAND’s Copyright Agent with a written counter-notification containing all of the requisite information
Information and Press Releases.
The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed inthe state of Virginia, and shall be governed by and construed in accordance with the laws of the State of Virginia without regard to conflict of law principles. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Fairfax, Virginia. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Revised: December 8, 2009

Terms and Conditions

Welcome to NOMADSLAND. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully.

Unless otherwise stated, these Terms of Service apply to all Services. All content and additional or replacement services made available through the NOMADSLAND Site that were not made available as of the “Last Updated” date above shall automatically be deemed to be part of the “Services” when first made available through the NOMADSLAND Site.

If you do not understand and agree to these Terms of Service, please do not use the NOMADSLAND Site or any Services (as defined below), and do not register to be a member of NOMADSLAND. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us here. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Service.

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Overview: Membership

The NOMADSLAND website offers a paid membership service which allows our members to place the embed code of third party video services on our website and assign accompanying buttons to drive fundraising and action campaigns. Each authored post contains customizable buttons which are programmed by each member and appear below the video. NOMADSLAND is designed as a both a direct-to-consumer site and a white-label publishing service. Members are encouraged to distribute our transactional video players on their own websites and newsletters as they deem fit. We also provide automatic promotional services by automatically syndicating posted videos from partners to our own Facebook, Twitter and RSS communities.

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Overview: Non-Members

Visitors to our site may post comments and reviews about videos appearing on www.nomadsland.com. They may also share these videos on their own third-party social networking and social bookmarking services. No registration is required for casual visitors. Visitors wishing to make comments may do so through Facebook Connect, OpenID, Twitter or an IntenseDebate account.

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Overview: NomadsLand Network

Visitors to our site may also join the social network NomadsLand Network (located at community.nomadsland.com) free of charge. NomadsLand Network is a professional community organization of video producers, non-profit staffers and social entrepreneurs. Membership is subject to review by our staff based on the registration requirements listed on the NomadsLand Network registration page. As the NomadsLand Network is powered by Ning, members must also comply with Ning’s Terms of Service.

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Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

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Trademarks

NOMADSLAND LLC, NomadsLand.com and the NomadsLand Network are trademarks or registered trademarks of NOMADSLAND LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.

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Copyright

The website, its design, graphics, logos, transactional video players and iFrame content delivery mechanism are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.

The copyright for individual video content as displayed in the third party video service remains the property of the original author or organization responsible for producing the video, not NOMADSLAND. NOMADSLAND hosts no video files on its own sites. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed in Limited Right to use section, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

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Limited Right to Use

The viewing, printing or downloading of content from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use. Video publication and distribution is permitted by embedding transactional video players and sharing them on blogs, social networking and social bookmarking services. The embedding or sharing of a video in a transactional video player is permitted without restriction for republication, distribution and sharing on social networks.

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Membership Registration

In order to use our authoring privileges, you must become a registered member of the NOMADSLAND Site. We approve members if the e-mail contains the domain name of a URL affiliated with a nonprofit or social enterprise URL. E-mail addresses from Gmail, Hotmail, Yahoo and other services may be rejected. You agree that NOMADSLAND Site user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc . Please note that your user name may be viewed by the public, so you we strongly encourage you to select a Nickname in your profile that accurately represents your organization or affiliation with that organization.

If you elect to register to use the Services, utilize the NOMADSLAND Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the NOMADSLAND registration form and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or NOMADSLAND has reasonable grounds to suspect that such is the case, NOMADSLAND has the right to suspend or terminate your account (including paid, membership accounts) and refuse any and all current or future use of the NOMADSLAND Site and/or Services (or any portion thereof).

At any time you may elect to become a paying member of the NOMADSLAND Site by subscribing and paying the associated membership fee(s). Members have are granted publishing privileges and may have access to more areas, functions and types of Services than visitors.

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Credit Card Information

If you choose to become a member, you may need to give personal information and payment authorization to use our services. All credit card transactions for membership subscriptions are handled securely through PayPal through a Certified Business Account. We do not keep any member financial details stored in any way on NOMADSLAND’s databases.

You represent and warrant that if you are purchasing a membership subscription from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

For an in depth description of NOMADSLAND’s specific services and benefits, as well as current pricing and subscription offerings, click here. Members may cancel their paid membership subscription at anytime through the “Unsubscribe” link at the bottom of our home page. This link will direct the customer back to PayPal for membership cancellation.

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Refund Policy

If you find the recurring monthly membership subscription purchased by you proves to be defective or not to your reasonable satisfaction, you can cancel your membership at any time by clicking on the “Unsubscribe” link at the bottom of our home page. A successful cancellation of a NOMADSLAND subscription through PayPal ceases automatic payments from the time the cancellation is made. This does not entitle the member to any refund for fees incurred prior to cancellation.

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Password Security

In addition to any other Registration Data, in order to register on the NOMADSLAND Site you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you “log off”/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

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Profile Page

When you register for a NOMADSLAND Site account, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, profile image, your organization and organizational bio.

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Video Submissions

Videos referred by your video embed code(s) and placed on NomadsLand shall at all times remain your sole and exclusive property. As such, you shall be solely responsible for your videos and the consequences of their posting or publication on or via the Services. Videos, like any Submissions (as defined below), are subject to NOMADSLAND’s COMMUNITY STANDARDS AND CONDUCT policy below.

By submitting your video(s), you hereby grant NOMADSLAND and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license, revocable upon removing the video from NOMADSLAND, to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your videos or any portion thereof, in or through any medium, whether now known or hereafter created.

You also grant each user (or specified users, if a video is designated “private”) of the NOMADSLAND Site or Services a limited, non-exclusive, non-transferable, personal and non-commercial license to access and view your video through the NOMADSLAND Site or any other access point authorized by you and/or NOMADSLAND. This right to access and view your video shall include, solely to the extent necessary, the right to copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your video. Unless designated “private,” all video uploads will be deemed public information.

When you remove or otherwise delete a video from the Services, the licenses granted by you to NOMADSLAND and the NOMADSLAND Site users shall terminate.

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NOMADSLAND Community Standards and Conduct Policy

You agree that you are entirely responsible for any Submission that you post, email or otherwise transmit to or via the NOMADSLAND Site or Services, whether publicly posted or privately transmitted.

You agree to not use the NOMADSLAND Services (including, without limitation, the NOMADSLAND Site and the Forums) to:

• Upload, post, e-mail or otherwise transmit any Submission that is not designed to promote the work of a registered nonprofit or incorporated social enterprise;

• upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

• harm minors in any way;

• impersonate any person or entity, including, but not limited to, an NOMADSLAND official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• solicit other users of the NOMADSLAND Site to join or become members of any online or other service;

• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;

• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services;

• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

• collect or store personal data about other users, or members.

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Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit or delete any video, posting documents, information or other content appearing on the Site. Likewise, you have the right to edit or delete any individual video or cancel your subscription membership at any time.

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Indemnification.

ou agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

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Nontransferable.

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

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Editorial Review

NOMADSLAND editorial team reviews all Video Submissions posted to or created by Members accessing the Services. We do so to ensure the videos represent the interests and missions of bonafide non-profits, social enterprises and social issue filmmakers and video producers.

NOMADSLAND reserves the right to (i) monitor some, all, or no areas of the video postings, profiles, comments and Forums for adherence to these or other rules that may be published from time to time; and (ii) block or remove videos, comments, forum postings, submissions or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to NOMADSLAND, in its sole discretion.

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Waiver; Representations & Warranties

By submitting a video or Submission, you waive the right to make any claim against NOMADSLAND, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the video or Submission, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called “droits morales” and any right of attribution you may have in any materials uploaded or sent to us by you.

You represent and warrant that your video or Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for NOMADSLAND, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your video or Submission by means of the Services in order to keep that information true, accurate, current and complete, as necessary.

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Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

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Securities Laws

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.

When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

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Links to other Web Sites.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.

Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. Links on transactional video players by members are reviewed by our staff prior to publication.

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Disclaimer

NOMADSLAND and its service providers utilize diligent efforts to maintain the Services, but NOMADSLAND and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

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Disclaimers Of Warranties:

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. NOMADSLAND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.

WITHOUT LIMITATION, NOMADSLAND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING EMAILS, SUBMISSIONS, CONTENT OR OTHER MATERIALS OR COMMUNICATIONS SENT VIA THE SERVICES, 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 OR USE OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM NOMADSLAND PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

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Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOMADSLAND 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 NOMADSLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE NOMADSLAND SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE NOMADSLAND SITE. IN NO EVENT SHALL NOMADSLAND’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 NOMADSLAND SITE.

You acknowledge and agree that NOMADSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by NOMADSLAND. You acknowledge and agree that NOMADSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the NOMADSLAND Site or any third party licensors or suppliers of NOMADSLAND.

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. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

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Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NOMADSLAND, LLC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE NOMADSLAND SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY NOMADSLAND OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

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Termination And Modification

In addition to any other rights or remedies available to it, NOMADSLAND reserves the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when NOMADSLAND believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages or Forum posts, or with any fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay NOMADSLAND liquidated damages of $5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay NOMADSLAND’s actual damages, to the extent such actual damages can be reasonably calculated.

You agree that NOMADSLAND, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Submission(s) or other content within the Services, for any reason, including, without limitation, for lack of use or if NOMADSLAND believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. NOMADSLAND may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that NOMADSLAND may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that NOMADSLAND shall not be liable to you or any third-party for any termination of your access to the Services.

The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

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Intellectual Property

You acknowledge that the NOMADSLAND Site and Services contain information, software, photos, video, text, graphics, music, sounds or other material (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. All NOMADSLAND-generated Content and Content provided to NOMADSLAND by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, NOMADSLAND owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the NOMADSLAND Site as a whole. Subject to your compliance with the TOS, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Service. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by the NOMADSLAND Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Services, including the NOMADSLAND Site, the Content or the Software.

The NOMADSLAND name and logo(s) are the exclusive property of NOMADSLAND, LLC. or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

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Third Party Intellectual Property; Copyright Notifications

NOMADSLAND asks its users to respect the intellectual property of others. NOMADSLAND may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. NOMADSLAND will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. Our DMCA Notifications and Counter-Notifications process is available here, and is hereby incorporated by reference into these Terms of Service.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and email address;

(e) 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

(f) 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site

be reached as follows: info@nomadsland.com

Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide the NOMADSLAND’s Copyright Agent with a written counter-notification containing all of the requisite information.

NOMADSLAND respects the intellectual property of others, and we ask our users to do the same. NOMADSLAND may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. NOMADSLAND will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. Our DMCA Notifications and Counter-Notifications process is available here, and is hereby incorporated by reference into these Terms of Service.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NOMADSLAND’s Copyright Agent with a written notification containing all of the requisite information.

Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide the NOMADSLAND’s Copyright Agent with a written counter-notification containing all of the requisite information

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Miscellaneous

This Agreement shall be treated as though it were executed and performed inthe state of Virginia, and shall be governed by and construed in accordance with the laws of the State of Virginia without regard to conflict of law principles. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Fairfax, Virginia. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process.

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Revised: December 8, 2009

SERVICES:

GENERAL: