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Terms
(Effective as of October 15, 2011)
Welcome to Nara (the "Service"), a product of Nara Logics, Inc. The following Terms of Use apply when you view or use the Service via our website located at www.nara.me (the "Site") or by accessing the Service through clicking on the application (the "Nara App") on your mobile device. By accessing or using the Site, the Nara App, or the Service, you signify your agreement to these Terms of Use.
Privacy Policy
Your privacy is paramount to Nara and we work hard to protect it. Please refer to Nara's Privacy Policy which explains how we collect, use, and protect information that pertains to your privacy. When you access or use the Nara App, the Site or the Service, you signify your agreement to this Privacy Policy.
Registration: Rules For User Conduct And Use Of The Service
You need to be at least 13 years old to register for and use the Service.
You agree to notify us immediately of any unauthorized use of your password and/or account. Nara will not be responsible for any losses arising out of the unauthorized use of your member ID, password, and/or account.
User Expectations
Nara is dedicated to making the Service a positive and fulfilling experience for all our users. Therefore, permission to use the Site is conditioned upon:
- use of the service for lawful purposes only;
- no attempts to harass, abuse or harm another person or group;
- no use of another user's account without permission;
- providing true and accurate information when registering an account;
- no actual or attempted interference with the proper functioning of the Service;
- no action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- abiding by any measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; and no publishing or linking to malicious content intended to damage or disrupt another user's browser or computer.
To the extent that the Service may permit you to post, upload, link to or otherwise make available via the Service or on the Site any information or opinion ("User Content"), then you will be solely responsible for such User Content. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Nara takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Nara does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. You agree that you will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; or submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
We reserve the right, but are not obligated, to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us info@nara.me or via contact information found on www.nara.me.
Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, the Nara App and the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
If ever applicable, by posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Nara a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your anonymous likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Accuracy Of Information; Access to Other Sites and/or Materials
Nara strives to accurately suggest merchants, products or services that may be of interest to you and continuously updates the content we provide to you. However, Nara does not warrant that representations of merchants, products and services and all information delivered via the Service are always 100% current, accurate, complete, in compliance with your preferences, or free from error.
As part of our Service, we may also provide you with convenient access to third party websites or services. This access is provided as a courtesy to our users in an effort to streamline and simplify your experience. Nara has no control over linked or recommended websites or services or the promotions, materials, information, goods or services available on these third party websites. Nara is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked or recommended websites or services or any privacy or other practices of such websites or services. Nara may terminate any link or access at any time or cease to recommend or suggest any product or service at any time.
You are solely responsible for your use of the Service and your use of any of the results provided by the Service. Although we strive to provide you a valuable service, we cannot guarantee that you will be happy with the results of the Service or with any products or services of any third party that may be recommended by the Service. Your sole and exclusive remedy in the event that you are not satisfied with the Service will be to cancel the Service. You may do so at any time by notifying us at info@nara.me.
Email May Not Be Used to Provide Legal Notice to Nara
Communications made through the Site's e-mail and messaging system, or via the Nara App, will not constitute legal notice to Nara or any of its officers, employees, agents or representatives in any situation where notice to Nara is required by contract or any law or regulation.
User Consent to Receive Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from Nara in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Nara provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
With forethought, discretion, and respect for our users, we may use your email address to send you other messages, including information about Nara and special offers. You may opt out of such email by changing your account settings or sending an email to info@nara.me. Opting out may prevent you from receiving messages regarding Nara or special offers.
Warranty Disclaimer
The service, the site, and the Nara app are provided "as is," without warranty of any kind. Without limiting the foregoing, Nara expressly disclaims all warranties, whether express, implied or statutory, regarding the service, the site and the Nara app, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Nara makes no warranty or representation that access to or operation of the service will be uninterrupted or error free.
Limitation of Damages, Release
To the extent permitted by applicable law, in no event shall Nara, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, loss of data, equipment downtime, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) your use or inability to use the service, the site or the Nara app; (b) the service generally or the software or systems that make the service available; (c) the use, disclosure, or display of your user content; or (d) any other interactions with Nara or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Nara has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If you have a dispute with one or more users or a merchant of a product or service recommended by the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Modification of Terms of Use
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Nara's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Nara. No purported waiver or modification of this Agreement by Nara via telephonic or email communications shall be valid.
General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Nara to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Nara must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.
Nara may assign or delegate these Terms of Use and/or the Nara Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Nara's prior written consent, and any unauthorized assignment and delegation by you is void.
You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms of use. You further acknowledge that these terms of use, together with the privacy policy, represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
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