Nuzzel Terms of Service
Welcome to Nuzzel.com, a website owned and operated by Nuzzel, Inc., a corporation doing business in California. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "Nuzzel," "Nuzzel.com," "Nuzzel, Inc.," "us," "we," and "our," refer to us, Nuzzel, Inc., or our website, Nuzzel.com, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement. Also, although we use quotation marks a lot, it's because we're defining terms for you – not because we're being sarcastic or sneaky and making little quotation marks with our fingers while we say these things.
2. What stuff means
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
"Agreement" means these Terms of Service;
"Nuzzel" refers to the business which owns this website (Nuzzel, Inc.), our Site, or our Service, depending on the context of the usage;
"Service" refers to the services that we provide through our Site, including but not limited to our social news reader service;
"Site" refers to our website, Nuzzel.com;
"User" refers to you and any other person who uses our Service, or visits our Site, whether they are a registered accountholder or not;
"You" refers to you, the person who is entering into this Agreement with Nuzzel. Please, if we have to explain this one, consult an attorney before you agree to anything here.
3. Nuzzel? What's a Nuzzel?
Nuzzel is a social news reader. Using our Service, you can discover news stories shared by your friends, friends of friends, people you follow, or other people. We really don't care how you use our Service or what you use it for as long as it's legal, safe, and doesn't breach this Agreement.
4. What we'll know about you
When using our website, you will use Facebook and/or Twitter to log in to your account. This means that you will need to give us certain information, such as your name, username, and e-mail address, so that you can log in using those other websites. Please, keep in mind that we don't own Facebook or Twitter, so any information that you share with them is their responsibility, not ours. Additionally, because you use your Facebook and/or Twitter accounts to use our Service, we may have access to certain information in your accounts based on your privacy settings at those websites.
In addition to the above, you must be at least thirteen years of age, not because the movie ratings industry now controls the Internet, too, but because the Children's Online Privacy Protection Act requires us to not collect info from people younger than thirteen. If you're under thirteen, we're impressed that you care about reading the news, but unfortunately we cannot let you use our Service.
5. Disclaimer (Don't say we didn't warn you)
We don't make the news – we don't even publish it. In fact, we're so lazy that we just kind of sit back while other people share news stories on Twitter and Facebook, which you can discover with Nuzzel. Because of this, we can hardly be expected to be responsible for the reliability of the news linked to from our Site. As such, you release us from any liability for injury, financial loss, spitting out your coffee in anger while shaking your fist at your computer screen, or any other harm which may arise from reading the news on our Site.
6. Rules of Conduct
If you express even the slightest bit of dissent on our Site, Nuzzel will crack down with an iron fist. Just kidding – we're actually all about people sharing with each other, because without that, Nuzzel would be boring. We must, however, have a few reasonable rules governing the use of our Service. So, you agree that you will not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country. The exception is that we probably don't care if you violate foreign laws that would blatantly infringe on the U.S. Constitution.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable.
- Engage in fraud or other deceptive practices.
- Infringe on anyone's intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Nuzzel Site, Service, or its Users' computers.
Although the news stories aggregated on our Site are actually posted on some other website, we may have original content on our Site. You therefore agree to not copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, copying the arrangement of links that we have on our Site.
We base much of our Service on user-contributed content. Because of this, we have to ensure that Users who use our Site know that they're letting us use their content, and that we can't just remove it whenever they want or else we'd go bankrupt paying for all of the people it takes to browse through pages and removes stuff. You therefore agree to grant us a universal, perpetual, irrevocable, commercial and non-commercial, sublicensable right to use any content which you contribute to us. You also warrant to us that you have the right to grant such a right to us when contributing content, and that you will indemnify us for any loss as a result of a breach of this warranty.
"Nuzzel" is a trademark used by us, Nuzzel, Inc., to uniquely identify our Site and our Service. You agree to not use this phrase anywhere without our prior written consent, or that of two thirds of the Congress. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.
9. DMCA Notices
Once upon a time, Congressmen battled an evil army of ISPs and P2P file sharers. Eventually, the two sides compromised, and formed a peace treaty known as the Digital Millennium Copyright Act. This Act, commonly referred to as the "DMCA" by Internet folk, protects us from being sued for copyright infringement unless you first give us a chance to take down infringing content. If you believe that your copyright has been infringed, please stop complaining and instead send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Nuzzel.com Copyright Agent
665 3rd St., Suite 150
San Francisco, CA 94107
If sending the notification by e-mail, an electronic signature is acceptable. If sending a physical letter, we'd be really impressed if you signed in your own blood or gold or something, but ink is fine, too.
Additionally, although no similar procedure exists under American law for trademark infringement, we recommend following a similar procedure as that described above to notify us of alleged trademark infringement, so that we can take prompt action to correct the infringement.
10. Representations & Warranties
LISTEN UP BECAUSE WE'RE BEING TOTALLY SERIOUS RIGHT NOW – SO SERIOUS THAT WE HAVE TO YELL.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR OR OUR GOODS OR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, REALLY BORING NEWS, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, BECAUSE SOME POLITICIAN DECIDED YOU COULDN'T BE TRUSTED TO READ YOUR OWN CONTRACTS, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Sometimes our Users may do stupid things which could result in a class action lawyer chasing after us with a giant money vacuum. It's therefore necessary that anybody who uses our Service agrees to compensate us for any dumb stuff they do that could get us into trouble. You hereby agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements.
In the event of a claim such as one described in the above paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
12. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
13. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against Nuzzel, you agree that any dispute naming Nuzzel or a party acting for or on behalf of Nuzzel arising from or relating to this Agreement will be heard solely by the California small claims system ("Small Claims Court"). You agree that even if you may be entitled to a monetary, equitable, or other remedy exceeding the jurisdiction of the Small Claims Court, you will waive your right to that remedy and still bring your action within the Small Claims Court.
If the subject matter of a dispute includes multiple claims, at least one of which is eligible to be heard in the Small Claims Court, you will release us from liability for the ineligible subject matter and will instead proceed with the eligible subject matter within the Small Claims Court.
If, after the application of these Forum of Dispute provisions, your claim is still ineligible to be heard in the Small Claims Court, you agree that the dispute shall be heard in the next most summary manner available in a court of competent jurisdiction.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that in a case brought within the Small Claims Court, the awarding of costs, attorneys' fees, and other expenses shall be governed by the rules of the Small Claims Court.
You agree that in a case brought outside of the Small Claims Court, the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party's reasonable attorneys' fees, costs, and disbursements in relation to the dispute.
14. Force Majeure (Someone else's fault)
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), slow news days, embargoes, postal disruption, communication disruption, disappearance of the Interwebs, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Sometimes, a judge or a legislature may decide that even though you and Nuzzel entered into a voluntary agreement, they're gonna rain on our parade and tell us that we can't do something in our contract. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Nuzzel shall have the sole right to elect which provision remains in force.
In the event of a breach of this Agreement by you, or other actionable conduct, we may not take action against you, either knowingly or unknowingly. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.
17. Termination & Cancellation
We may terminate your account or our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases, unless we did it because you didn't play by the rules and breached our Rules of Conduct or something, in which case we might just block you and ignore you.
No, you don't have to do any homework before you can use our Service. This section is here to tell you that you may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website.
20. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Nuzzel.com must be addressed to our agent for notice and sent via certified mail to: Nuzzel, Inc., 665 3rd St. Suite 150, San Francisco, California, 94107, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: January 14, 2013