The lawyers had us put this here. You probably won’t want to read it unless you are a lawyer.
1. Your Acceptance
“SUPER NICE CLUB Site” or “Super Nice Club”).com (the “IS MADE AVAILABLE TO USERS (“Users,” “User,” “You,” or “Your”) BY Tod Brilliant (“SNC”). BY USING AND/OR VISITING THE SITE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Agreement”) AND THE TERMS AND CONDITIONS OF THE SITE’S PRIVACY POLICY (the “Privacy Policy”), WHICH IS AVAILABLE AT SUPERNICECLUB.COM/PRIVACY-POLICY, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THE SITE.
2. Modifications to This Agreement
This Agreement is subject to change by SNC, in its sole discretion, at any time, with or without notice. It is Your responsibility to review the Agreement for any changes. Your continued use of the Site after the posting of revisions to this Agreement will constitute Your acceptance of such revisions. Please consult the end of the Agreement to determine when the Agreement was last revised.
3. Use of the Communication Services
Super Nice Club may offer features or services designed to let You post comments or share Your thoughts. These features may include, but are not limited to, discussion pages, bulletin board services, chat areas, news groups, forums, and communities (collectively, “Communication Services” or “Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to one of the Communication Services. You agree that when using one of the Communication Services, You will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate any of the legal rights of others in any manner;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) Upload files that contain software or other material protected by intellectual property laws, unless You own or control the rights thereto or have received all necessary consents;
(d) Upload files or post comments that infringe on another’s rights of publicity or privacy, unless You own or control such rights or have received all necessary consents;
(e) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the Site;
(f) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages;
(g) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(h) Download any file posted by another User to any of the Communication Services that You know, or reasonably should know, cannot be legally distributed in such a manner;
(i) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(j) Restrict or inhibit any other User from using and enjoying the Communication Services;
(k) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Services;
(l) Harvest or otherwise collect information about others, including, but not limited to, electronic mail addresses, without their consent; and/or
(m) Violate any applicable laws or regulations.
SNC has no obligation to monitor the Communication Services, but SNC reserves the right to review materials posted to any of the Communication Services, and, in SNC’s sole discretion, to remove or edit any materials found thereon. However, SNC’s modification to, or deletion of content found within the Communication Services creates no obligation for SNC to monitor such services. SNC does not control or endorse the content, messages or information found within the Communication Services or within related services. Furthermore, SNC disclaims any liability with regard to the Communication Services and disclaims all actions resulting from Your participation in such Services, including liability to third parties. SNC reserves the right to terminate Your access to any or all Communication Services at any time, without notice, and for any reason whatsoever.
Always use caution when revealing personally identifying information via the Communication Services. SNC, in its sole discretion, reserves the right to remove any information or disclose Your information as is necessary to satisfy any applicable law, regulation, legal process or governmental request.
You acknowledge that Your use of the Communication Services grants SNC a perpetual, non-exclusive license to all rights in the materials that You post and/or upload. This perpetual, non-exclusive license, includes, but is not limited to, the right to use, share, edit, modify, publicly display, or copy such posts, comments, and uploaded materials.
4. Representations and Warranties
You are solely responsible for any comment, view, opinion, information or thought that is posted, shared, or disseminated via the Communication Services—as well as the liability and consequences of such posts. You agree not to hold SNC liable for any damage caused by or incurred from such posts. This applies regardless of whether you personally posted the content or whether a third party made the post through a SNC account You created or control.
In connection with the Communication Services, You affirm, represent and warrant the following:
(a) You have read, understood, agree with, and will abide by the terms of this Agreement, as well as the Privacy Policy, which is set out here;
(b) You are over the age of eighteen (18) years of age and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions, and obligations therein; and
(c) You have obtained all consents, and possess all copyright, patent, trademark, trade secret, and any other proprietary rights, or the necessary licenses thereto.
5. Intellectual and Proprietary Rights
The Site and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Site Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of SNC and its licensors, and are or may be protected under federal and state intellectual property laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Site. Use of the content or materials on the Site for any purpose not expressly permitted by this Agreement is strictly prohibited. Any manipulation of the Site or any portion thereof, or use of any of the Site content constitutes an infringement of SNC’s Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Site Content. Any use of any portion of this Site on any other website or other networked computer environment is prohibited without SNC’s prior written consent, which may be withheld in its sole discretion.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress rights, service mark rights, goodwill, trade secret rights, and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Site, or any contents or materials related thereto.
SNC does not claim any ownership or Intellectual Property Rights in the marks or logos belonging to any third parties, including, but not limited to, Facebook, Twitter, Google, or Amazon.com. SNC may upload its videos using Vimeo and YouTube’s products and/or services, or the products and services of any other online video platform. SNC does not claim any Intellectual Property Rights in the software or code of platforms used to upload videos, nor to the Intellectual Property Rights of any other online video platform used, although SNC may retain any and all Intellectual Property Rights in the videos themselves. Furthermore, the terms of service and privacy policy of any online video platform used may govern the services it provides to SNC, in addition to this Agreement and Privacy Policy. Thus, Users should read such terms of service and privacy policy before using the Site.
6. Disclaimer and Third-Party Websites
The advice, opinions, and statements expressed within any guest writings (“Guest Blogs”), or any other public forums, or which are expressed via the Communication Services, are solely those of the speaker and should not be imputed to SNC. SNC does not endorse any views, opinions, recommendations or advice expressed, shared or disseminated through Guest Blogs, the Communication Services or in any other public forum. SNC does not review, nor is he responsible for, any information shared or posted or the accuracy, usefulness or safety thereof, no matter the source. You may be exposed to information that is inaccurate, offensive, indecent or objectionable.
The Site may contain links to third-party websites that are not owned or controlled by SNC. SNC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, SNC will not and cannot censor or edit the content of any third-party site. You expressly relieve SNC from any and all liability arising from Your use of any third-party website. Accordingly, You are encouraged to read the terms and conditions and the privacy policy of any third-party website that You visit or are directed to while using the Site. The practices, views, opinions and content of any third-party site linked to, referenced or mentioned on the Site are solely those of such site, its users, or affiliates, and do not reflect the views of, nor are endorsed by, SNC.
7. Notice to Copyright Owners
If you are the owner of copyright rights in material appearing on the Site and You believe Your rights are being infringed in any manner by the content’s appearance or use on the Site, You must notify SNC by sending an email to: nicework@superniceclub, and SNC will promptly remove the infringing content. In Your email You must include the specific content You are objecting to and its location on the Site as well as a statement that You are the owner of said material or are authorized by the owner to request that such material be taken down.
8. Indemnity
You agree to defend, indemnify and hold harmless SNC and its agents, managers, and/or other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site, including any data or work transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation, Your breach of any of the representations and warranties above; (iii) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) Your violation of any law, rule or regulation of the United States or any other country; (v) any other party’s access and use of the Site with Your unique Facebook username, password or other appropriate security code.
9. No Warranty
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (“MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE MATERIALS IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SNC AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SITE OR MATERIALS WILL BE PROVIDED WITHOUT INTERRUPTION OR THAT THEY WILL BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SNC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SNC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNC, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability
IN NO EVENT SHALL SNC OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL SNC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT SNC SHALL NOT BE LIABLE FOR UPLOADED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. General
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over SNC, either specific or general, in jurisdictions other than California. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it. If they are unable to resolve the dispute, either party shall commence binding arbitration before the American Arbitration Association under the Rules of Commercial Arbitration, before a panel of three arbitrators in Los Angeles in the State of California. The Agreement shall be governed by the laws of the State of California without regard to its conflicts of laws provisions.
This Agreement, together with the Privacy Policy and any other legal notices or agreements published by SNC on the Site or provided to You directly by SNC, shall constitute the entire agreement between You and SNC concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SNC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
By accessing the Site, You represent that You have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement, and agree to be bound by its terms and conditions.
12. Revision Date
This Agreement was last revised on February 14, 2022.
