Last Modified: May 19, 2010
Welcome to the Web site of Nuru International (“NURU”). Your use of the NURU Web site, including any of its services (collectively, the “Site”) is subject to these Terms (as defined below). By accessing or using the Site, you enter into a legal contract between you, a member or user of at least 18 years of age (“You”), and NURU regarding Your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users”.
1. Eligibility. CHILDREN UNDER THE AGE OF 13 MAY NOT REGISTER WITH NURU OR USE THE SITE.
3. Individual Features and Services. When using the Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. From time to time, NURU may change, remove, add to or otherwise modify the Terms, and reserves the right to do so in its discretion. In such case, we will post the updated Terms and indicate the date of revision. We encourage You to periodically review the Terms. In addition, if our modifications or additions are material, we will make reasonable efforts to notify You electronically. For example, we may send a message to Your email address, if we have one on file, or generate a pop-up or similar notification when You visit the Site for the first time after such material modifications are made. All new and/or amended Terms automatically take effect thirty (30) days after they are initially posted on the Site, except that (i) no modification to the Terms will apply to any dispute between You and NURU that arose prior to the date of such modification, and (ii) if You do not agree with any modification to the Terms, You may terminate the Agreement by ceasing use of the Site. Your continued use of the Site after new and/or revised Terms have been posted indicate that You have read, understood, and agreed to the current version of the Terms.
5. User Postings License Grant; Representations and Warranties.
5.1 User Postings Generally. NURU may now or in the future permit the posting by You and other Users of comments, written works, images, audio works, audio-visual works or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, NURU does not guarantee any confidentiality with respect to any submissions.
5.2 Limited License Grant to NURU. By submitting or distributing User Postings on or through the Site, You hereby grant to NURU a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit Your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You also irrevocably grant the Site’s Users the right to access Your User Postings in connection with their use of the Site.
6. Digital Millennium Copyright Act. It is NURU’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to NURU’s DMCA Notification Guidelines. NURU will promptly terminate without notice any access to the Site if You are determined by NURU to be a “repeat infringer.” A repeat infringer is a User who has been notified by NURU of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the Site more than twice.
7. Prohibited Conduct.
BY USING THE Site YOU AGREE not TO:
7.1 use the Site for any purposes other than to access the Site for the purposes for which it is offered by NURU;
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 10, below);
7.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;
7.4 post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
7.6 delete the copyright or other proprietary rights notices on the Site or User Postings;
7.7 make unsolicited offers, advertisements, proposals, or send any unsolicited communications to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.8 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.9 defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only;
7.10 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Postings, features that prevent or restrict use or copying of any content accessible through the Site, or features that seek to impose or enforce limitations on the use of the Site or User Postings;
7.11 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.12 modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
7.13 intentionally or knowingly interfere with or damage operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Third-Party Sites, Products and Services; Links. The Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). NURU does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites, is solely at your own risk. We ARE NOT responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through ANY REFERENCE SITES.
9.1 NURU. You agree that NURU, in its sole discretion, for any or no reason, and without penalty, may terminate Your use of the Site and remove and discard all or any part of any User Posting, at any time. NURU may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Site may be effected without prior notice, and You agree that NURU will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies NURU may have at law or in equity. As discussed herein, NURU does not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
9.2 You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) Guidelines, (iv) any policy or practice of NURU in operating the Site, or (v) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.
11. Indemnification. You agree to indemnify, save, and hold NURU, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. NURU reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify NURU, and You agree to cooperate with NURU’s defense of these claims. NURU will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers; No Warranties.
12.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NURU, and its affiliates, partners, lICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH RESPECT TO THE SITE AND THE MATERIALS. no PRODUCT, advice or information, whether oral or written, obtained by You from NURU or through the Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 12 the term NURU includes NURU’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
12.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Site is at your sole risk. THE Site AND ANY PRODUCTS, MATERIALS, DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Postings, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Site ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.3 Content. NURU, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Postings, FUNCTIONS, or any other information OFFERED ON or through THE SITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
12.4 Accuracy. NURU, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ITS PRODUCTS, THE SITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE SITE AND any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
13. Limitation of Liability and Damages.
13.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NURU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY direct, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH NURU, EVEN IF NURU OR A NURU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN NURU AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY reference sites.
13.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT NURU HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NURU, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NURU. NURU would not be able to provide the Site to You on an economically reasonable basis without these limitations.
13.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME OR ALL IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14.2 Waiver. The failure of NURU to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NURU.
14.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
14.4 Arbitration. For Users residing outside the United States of America and using the Site in another territory, Section 14.5 (Jurisdiction) does not apply and this Section 14.4 applies to You. Any dispute or claim arising out of or in connection with these Terms or your use of the NURU Services shall be finally settled by binding arbitration in OAKLAND, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.
14.5 Jurisdiction. For Users residing inside the United States of America and using the Site in the United States, Section 14.4 (Arbitration) does not apply and this Section 14.5 applies to You. You agree that any action at law or in equity arising out of or relating to these Terms or NURU will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
14.6 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
14.8 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5 through 14.
14.9 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
14.11 Claims. YOU AND NURU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14.12 Disclosures. The services hereunder are offered by Nuru International, 71 Manzanita Rd, Atherton, CA 94027, and email: [email protected] If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.
Nuru International, (“NURU”) values the privacy of our users, members, and others who visit and use www.NURU.com and its associated websites and services (collectively, the “NURU Site”) (collectively or individually “Users”). This statement governs information you provide to us or that we learn from your use of the NURU Site and tells you how we may collect, use, and in some instances share this information.
The Information NURU Collects
User Provided Information: You may provide to NURU what is generally called “personally identifiable” information when you register, such as your name, social security number, driver’s license number, bank account number and routing information, postal mailing address, e-mail address, business/mobile telephone number, credit card number, and curriculum vitae.
“Cookies” Information: When you visit the NURU Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer. NURU uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the NURU Site. By using these cookies, we can “remember” what you have done on the NURU Site before and personalize our site for you. These persistent types of cookies can be removed. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the functionality and site offerings available via the NURU Site.
“Automatically Collected” Information: When you visit the NURU Site or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons”. This “automatically collected” information may include your Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the NURU Site, the pages you view on our site, and the dates and times that you visit.
The Way NURU Uses Information
NURU uses the information that we collect to provide to you all of the features and services found on the NURU Site. We will use your email address, without further consent, for non-marketing or administrative purposes such as notifying you of major site updates.
NURU may use all of the information that we collect from our Users to understand the usage trends and preferences, to improve the way the NURU Site works and looks, to improve our marketing and promotional efforts, and to create new features and functionality.
NURU may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the NURU Site; (b) monitor the effectiveness of our marketing campaigns; and (c) monitor aggregate usage metrics such as total number of visitors and pages viewed.
NURU will not use your email address or other personally identifiable information to send promotional or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.
When NURU Discloses Information
NURU may disclose both personally identifiable and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to offer certain features on the NURU Site, to assist us in improving the way the NURU Site works and looks, and to create new features. We use reasonable efforts to: (i) limit their use of such information, and (iii) see that these parties use other appropriate confidentiality and security measures.
We may share automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the NURU Site.
We do not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly collect personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to NURU through the NURU Site represents that they are 13 years of age or older.
Links to Other Sites
Our Commitment to Data Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.
If NURU learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the NURU Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the NURU Site. NURU may post a notice on the NURU Site if a security breach occurs. If this happens, you will need a web browser enabling you to view NURU’s Service. NURU may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at [email protected]
Special Note to International Users
The NURU Site is hosted in the United States. If you are a User accessing the NURU Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you consent to:
• the transfer of your personal data to the United States as indicated above.
In the Event of Merger or Sale
If NURU should ever file for bankruptcy or have its assets sold to or merge with another entity, information NURU receives from you through the NURU Site is a NURU asset and may be transferred.
Last Updated July 1, 2010
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement. This page explains the information that must be included in these notices, as required by the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, NURU will expeditiously remove or disable access to the content that is the subject of the notice.
If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing NURU’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the NURU web site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NURU to locate the material.
4. Information reasonably sufficient to permit NURU to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
Please note that NURU may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which NURU may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
NURU’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
71 Manzanita Rd
Atherton, CA 94027
Email: [email protected]
For clarity, only DMCA notices should go to the NURU Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to NURU customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
In appropriate circumstances, NURU will promptly terminate, without notice, the accounts of those determined in our sole discretion to be “repeat infringers.”