The “terms of use” constitutes a legal agreement between you, the potential user of this website ("you", yes, we mean you) and Tom Nob, and where applicable, Tom Nob's principals ("Tom Nob"). Your use of this website ("Site") or any of the products and services offered on this Site (collectively, the "Services") is conditioned on your acceptance without modification of these Terms of Use ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services.
Tom Nob may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms will always be available via the "Terms" link at the bottom of the Site. You agree to review these Terms periodically (put it in your calendar right now while you’re thinking about it), and your continued use of the Site and Services after the posting of modifications constitutes your affirmative agreement to abide and be bound by the Terms, as modified.
That wasn’t too bad, was it?Oh, wait…there’s more.
Eligibility to Establish an Account.
Use of the Site and Services is for personal, non-commercial use and is void where prohibited. (Please let us know if you live somewhere where this is prohibited so that we can be sure to never go there.)You shall comply with all applicable local, state, federal and national laws, statutes, ordinances and regulations regarding the use of the Site and Services. You represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. All you hip hop fans already know what it means to represent but for the rest of you it means that you swear on your mother’s life that you are who you say you are and what you say is true.You must be at least 13 years of age, have a valid e-mail address, and access to the World Wide Web to register for the Site and Services.If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these Terms.If you’re under 13, no dice.Quit yer crying and grow up.
Establishing an Account.
In order to use the Site and Services, you must register as a member of the Site.Once you have completed the registration process, you agree to maintain your account with accurate, up-to-date information, to be responsible for maintaining the confidentiality and security of your account, to be entirely responsible for all activities that occur through your account, to immediately report any unauthorized use of your account to Tom Nob, as well as any other breach of security; to not share your password with any other person, and to not assign, sell or transfer your account to any other person.
Privacy Policy.
Tom Nob's personal information practices on the Site and Services are governed by Tom Nob's Privacy Policy.Please review the Privacy Policy by clicking on the Privacy link at the bottom of the page.
Consent to Receive E-Mail.
By using the Site and Services, you consent to receiving e-mail from Tom Nob. These e-mailings will include notices about your account and information concerning or related to the Site or Services, such as recommendations or notifications of posted reviews. These e-mailings are part of your relationship with Tom Nob.This way you can never complain that we never write.
Information Submitted.
By contributing any ratings, reviews, lists, comments, feedback, suggestions, pictures and other materials (collectively, the "Content") on the Site, you hereby grant to Tom Nob an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content. Tom Nob does not regularly review the content posted on the Site; however, Tom Nob reserves the right to remove or edit any Content from the Site at any time without notice. You warrant, represent and agree that you will not contribute any Content that infringes or violates the rights of any other party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct, or is obscene or in poor taste. You agree that use of the Site and Services is subject to all applicable national, federal, state, and local laws and regulations, and that you are solely responsible for the contents of your communications through the Site and Services.
Objectionable Material.
You understand that by using the Services you may encounter content that may be deemed objectionable, obscene or in poor taste, which content may or may not be identified as having explicit language. You agree to use the Services at your own risk and that Tom Nob shall have no liability to you for content that you may find objectionable, obscene or in poor taste.This applies to lame humor as well.
Canceling an Account.
Tom Nob reserves the right to terminate or suspend your access to the Services or Site, with or without cause, at any time and effective immediately. Reasons Tom Nob may terminate or suspend your account shall include, but are not limited to, the violation of any of these Terms.
You may cancel your Tom Nob account at anytime, and cancellation will be effective immediately.To cancel your account, please contact us.
Intellectual Property.
You agree that the Site and Services, including but not limited to graphics, audio, video and editorial content, contain proprietary information and material that is owned by Tom Nob and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site and Services in compliance with these Terms. Except as expressly provided under these Terms, no portion of the Site or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services in any unauthorized way whatsoever.
The trademarks, logos and service marks (collectively, the "trademarks") displayed on the Site or Services, unless otherwise specified, are the registered and unregistered trademarks of Tom Nob or their respective owners. Nothing contained on the Site or Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site or Services without the express written permission of the trademark owner.
Changes to the Site.
Tom Nob reserves the right to modify or discontinue any of the Services and material displayed on or offered through the Site, with or without notice to you, and is not obligated to support or update the Site or Services.It’s good to be the King.
Cookies.
Tom Nob may place a cookie or other small text file on any computer from which you access the Site or Services and you consent to that placement.
You may want to protect your ears.The lawyers insist that the following be shouted…
Disclaimers of Warranties.
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. TOM NOB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, TOM NOB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitations on Liability.
IN NO EVENT SHALL TOM NOB, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, PRINCIPAL, CONTRACTOR OR EMPLOYEE OF TOM NOB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS), ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT TOM NOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
User Disputes.
You are solely responsible for your interactions with other Tom Nob users. Tom Nob reserves the right, but has no obligation, to monitor disputes between you and other users.
Butthead Clause.
You shall not use the Site and Services to engage in any illegal, inappropriate, or prohibited activities including, but not limited to:harassment of another user or any other person; transmitting junk mail, spam, chain letters, or any form of unsolicited mass mailing; disseminating information that is known, or should be known, to be false, misleading, libelous, defamatory, threatening or abusive; posting pornographic or sexually explicit material; posting any content that promotes hatred, racism, or bigotry; engaging in unapproved commercial activities such as contests, sweepstakes, advertising, and pyramid schemes.Tom Nob can not and will not monitor all the activities of the users of its Site and Services so don’t be a butthead.
Governing Law.
The laws of the State of Minnesota, excluding its conflicts of law rules, govern these Terms and your use of the Site and Services. Your use of the Site and Services may also be subject to other local, state or federal laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Tom Nob relating in any way to your use of the Site or Services resides in the courts of the State of Minnesota.Keep on using that aerosol hairspray.Minnesota is on its way to becoming a tropical paradise.
Miscellaneous.
These Terms constitute the entire agreement between you and Tom Nob and govern your use of the Site and Services, superseding any prior agreements between you and Tom Nob. You may also be subject to additional terms and conditions that may apply when you use third-party content or third party-software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Tom Nob's failure to enforce any right or provision in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Tom Nob will not be responsible for failures to fulfill any obligations due to causes beyond its control. No agency, partnership, joint venture or employment is created as a result of these Terms. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
