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Terms of Use

Welcome to Noozhawk, a news and information Web site owned and operated by Malamute Ventures LLC in Santa Barbara, Calif.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Use before you may become a Noozhawk Member. By registering as a Member and/or by accessing and using Noozhawk’s Web site, you agree to these Terms of Use.

These Terms of Use may be modified by Noozhawk at any time in our sole discretion. You agree to be bound by any such modifications once we post them on Noozhawk’s Web site, and you agree that we shall not be liable to you or to any third party for any modification, suspension or termination of all or any portion of this Web site.

Cost

At this time, there is no cost for using any part of Noozhawk. From time to time, there may be premium content available via subscription or surcharge, and those areas will be clearly marked.

Registration

Access to the majority of Noozhawk’s content, features and services may require users to register and become Noozhawk Members. Please see our Privacy Policy for information on Noozhawk’s information gathering and how we intend to use and share any information we collect. If you become a Noozhawk Member, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access Noozhawk using your user name or account in whole or in part. Noozhawk reserves the right to terminate Membership and deny access to the Web site to any person who violates these Terms of Use.

Copyrights and Trademarks

Material published on Noozhawk, including articles, photographs, graphics, bulletin-board and calendar postings, audio and video clips, and other content, is copyrighted by Noozhawk, or by other information providers that have licensed their content for use on Noozhawk’s Web site. Additionally, Noozhawk’s entire content is copyrighted as a collective work under U.S. copyright laws, with Noozhawk being the owner of the collective work. Noozhawk and its logos are service marks or trademarks of Malamute Ventures LLC, a California limited liability company, dba Noozhawk. You cannot reproduce, republish or redistribute material from Noozhawk or any other news services and syndicates in any way without the written consent of the copyright owner.

You may, however, electronically store a reasonable portion of Noozhawk content for your personal, noncommercial use by making a single electronic copy on your computer’s hard drive, a single copy on a disk or other media, or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.

These rules also apply:

1. You will not in any way violate the intellectual property laws protecting the content accessible through Noozhawk’s Web site. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, service marks or trademarks, or otherwise violate the proprietary rights of Noozhawk or others.
2. You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of Noozhawk or a third-party copyright holder.
3. You will cooperate promptly and completely with any reasonable request by Noozhawk related to an investigation of infringement or copyright or other proprietary right.

To obtain permission to reuse or republish any material copyrighted by Noozhawk, please contact William M. Macfadyen, publisher and CEO, at wmacfadyen@noozhawk.com. Noozhawk cannot grant permission to reuse or republish material from other information providers; you must contact them directly.

Member Content is any information you provide to Noozhawk or other users in the registration process, in any public message area, including forums areas, or through any e-mail feature. You are solely responsible for Member Content, and we act as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines set forth under Online Conduct below. Noozhawk reserves the right to remove any material that it believes may violate these Terms of Use, or any copyright or third-party rights.

If you believe that Noozhawk or any user of Noozhawk has infringed your copyright in any material way, please notify Noozhawk’s copyright agent, William M. Macfadyen, Noozhawk publisher and CEO, at wmacfadyen@noozhawk.com and provide the following information:

1. An identification of the copyrighted work that you claim has been infringed.
2. An identification of the material on Noozhawk that you claim is infringing or is subject to infringing activity, with enough detail that we can locate the material on Noozhawk.
3. Your name, address, telephone number and e-mail address.
4. 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.
5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
6. Your physical or electronic signature.

Submissions

By submitting any Member Content to Noozhawk, you automatically grant Noozhawk a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers) license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Noozhawk uses such content.

Online Conduct

Noozhawk encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user’s right to use and enjoy Noozhawk is prohibited. Noozhawk reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Use. Without limitation, Noozhawk reserves the right to suspend or terminate your access to and use of our site if, in our view, your conduct fails to meet any of the following guidelines:

1. Members shall not provide any information that is false, misleading or inaccurate.
2. Members shall not use any portion of Noozhawk for any unlawful purpose and will comply with all applicable domestic and international laws, statutes, ordinances and regulations.
3. Members shall not use any portion of Noozhawk for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Only the owner or a representative designated by the owner may upload copyrighted material to Noozhawk.
4. Members shall not use any portion of Noozhawk for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, pornographic, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
5. Members shall not use any portion of Noozhawk for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements or any other form of commercial solicitation.
6. Members shall not attempt to interfere with any other person’s use of Noozhawk.
7. Members shall not misrepresent their identity nor impersonate any person.
8. Members shall not hold themselves out as sponsored by, endorsed by or affiliated with Noozhawk.
9. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse-engineer any software programs used by Noozhawk.

To register a complaint about another user’s conduct, please contact William M. Macfadyen, Noozhawk’s publisher and CEO, at wmacfadyen@noozhawk.com.

Privacy Rights

Noozhawk takes your personal privacy seriously and we have adopted a Privacy Policy that explains our position on information gathering and how we intend to use and share any information we collect. Your use of Noozhawk’s Web site and our services signifies acknowledgment of and consent to the information practices in our Privacy Policy. Noozhawk’s business partners, advertisers and affiliates, and other content providers accessible through our site, may have their own privacy and information policies and practices. You should contact these third parties directly for their policies. Noozhawk is not responsible for the actions or policies of such third parties.

You agree that Noozhawk may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our technology systems and users, to ensure the integrity and operation of our business and systems, or to protect the rights or property of Noozhawk or its affiliates. Such disclosure may include, without limitation, personally identifiable information, your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern any terms of our Privacy Policy.

Child Users

Noozhawk is particularly concerned with providing a safe online environment for children. Children under age 13 who wish to become Noozhawk Members must submit a Parental Consent Form signed by a parent or legal guardian. For more information on how Noozhawk handles children’s privacy, please refer to our Privacy Policy.

Noozhawk’s business partners, advertisers and affiliates, and other content providers accessible through our site, may have their own policies about children’s privacy, and you should contact them directly for their policies. Noozhawk strongly recommends that parents supervise their children’s Internet use. A number of commercial products are available to help limit access to material on the Internet that you may consider harmful or inappropriate for your child.

International Users

You acknowledge and agree that, due to Noozhawk’s international dimension on the World Wide Web, we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties that may be outside your resident jurisdiction. Noozhawk stores and processes your information on computers located in the United States of America that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way, please do not use Noozhawk or our services.

Disclaimer

While Noozhawk strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our Web site. Noozhawk does not guarantee or warrant that any files available for downloading will be free of defects. While Noozhawk takes reasonable steps to ensure that no technologically destructive properties are present, the entire risk as to Noozhawk’s quality and performance and the accuracy and completeness of any information is with the user of our service.

Likewise, Noozhawk does not warrant that our service will be uninterrupted or error-free. Noozhawk makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published by Noozhawk or any products or services sold through Noozhawk’s Web site.

Opinions, advice and all other information expressed on Noozhawk bulletin boards represent the individual’s own views and not necessarily those of Noozhawk. Noozhawk does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Noozhawk spokespersons.

Any investment decisions or other actions that users take based on information available on Noozhawk should first be reviewed by a competent financial adviser or other professional.

Noozhawk is provided on an “as is” and “as available” basis. We make no warranty of any kind, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose or noninfringement, or warranties regarding the accuracy, reliability or completeness of the content or any other service or product on or related to the service, including any link to another Web site or resource.

In no event will Noozhawk be liable for (a) any incidental, consequential or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Noozhawk, or any information or services provided on Noozhawk, even if Noozhawk has been advised of the possibility of such damages, or (b) any claim attributable to errors, omissions or other inaccuracies published on Noozhawk.

Indemnification

You agree to indemnify, defend and hold Noozhawk harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under these Terms of Use. Noozhawk reserves the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Jurisdiction

This agreement between Noozhawk and its users will be governed and interpreted under the laws of the state of California. Santa Barbara County has jurisdiction in any dispute arising from this agreement. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms of Use or Noozhawk shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Barbara County, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Termination

Nothwithstanding any provision of these Terms of Use, Noozhawk reserves the right, without notice and in our sole discretion, to terminate any or all of Noozhawk’s Web site and service and/or your license to use Noozhawk, or to block or prevent future access to and use of Noozhawk.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Offices

Noozhawk’s offices are located at 402 E. Gutierrez St., Santa Barbara, Calif. 93101.

Questions and Comments

We hope you enjoy using Noozhawk. Questions and comments about Noozhawk’s content and our site may be e-mailed to William M. Macfadyen, founder, publisher and CEO, at wmacfadyen@noozhawk.com. We read all comments submitted to us and try to respond to as many as possible.

Technical questions regarding your software, your configuration or your Internet connection should be directed to your Internet access provider. Noozhawk cannot address questions except those specifically about content and services that we provide.

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