|
TERMS & CONDITIONS 1. Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the NomadsLand.com domain name, the "NomadsLand Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF NOMADSLAND’S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the NomadsLand Website.
2. NomadsLand Website These Terms of Service apply to all users of the NomadsLand Website, including users who are also contributors of video content, information, and other materials or services on the Website. The NomadsLand Website may contain links to third party websites that are not owned or controlled by NomadsLand. NomadsLand has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NomadsLand will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve NomadsLand from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the NomadsLand Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access A. NomadsLand hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without NomadsLand's prior consent; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NomadsLand immediately of any breach of security or unauthorized use of your account. Although NomadsLand will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NomadsLand or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the NomadsLand servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, NomadsLand grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NomadsLand reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights The content on the NomadsLand Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NomadsLand, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Exceptions are made for software we use under the GNU GPL or Creative Common licenses. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NomadsLand reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the NomadsLand Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the NomadsLand Website or the Content therein.
5. User Submissions A. The NomadsLand Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, NomadsLand does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NomadsLand to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to NomadsLand, you hereby grant NomadsLand a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the NomadsLand Website and NomadsLand's (and its successor's) business, including without limitation for promoting and redistributing part or all of the NomadsLand Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the NomadsLand Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the NomadsLand Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NomadsLand all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NomadsLand or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. NomadsLand does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and NomadsLand expressly disclaims any and all liability in connection with User Submissions. NomadsLand does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and NomadsLand will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. NomadsLand reserves the right to remove Content and User Submissions without prior notice. NomadsLand will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. NomadsLand also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. NomadsLand may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) 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.
NomadsLand's designated Copyright Agent to receive notifications of claimed infringement is: Davin Hutchins email: info [at] NomadsLand.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NomadsLand customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the NomadsLand Website, you will be exposed to User Submissions from a variety of sources, and that NomadsLand is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NomadsLand with respect thereto, and agree to indemnify and hold NomadsLand, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. NomadsLand permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, NomadsLand provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the NomadsLand website on the pages containing the Embeddable Player. NomadsLand reserves the right to discontinue any aspect of the NomadsLand Website at any time.
7. Payment for User Submissions
A. NomadsLand pays out 50% of its advertising revenues every quarter to filmmakers. Individual earnings are calculated as follows: 50% of NomadsLand collected ad revenue that quarter x (An individual film's total streams during the quarter ÷ Total number of film streams on NomadsLand during the quarter)
B. NomadsLand shall provide an e-mail report to Licensor each quarter with the advertising revenues accrued from the Content. NomadsLand will not be liable for losses that Licensor might suffer through the use of its password by a third party.
C. REGISTERED ACCOUNT/E-MAIL CONSISTENCY: In order to receive payment, the Licensor must use the same e-mail address for registration at NomadsLand.com, registration through the Brightcove upload console and PayPal. Failure to do so will result in non-payment.
D. Following this e-mail notification, NomadsLand will make an electronic payment based on the formula above via PayPal on the first week of each quarter to the End Users e-mail address.
E. The Licensor is solely responsible for the integrity of its PayPal account, timely collect of the funds and the e-mail address associated with that account. Payment is in U.S. Dollars. The User is solely responsible for reporting and paying any applicable tax or tariffs on the payment.
F. Licensor must collect their royalty payment via PayPal from NomadsLand within 30 days of notification of payment through PayPal. After 30 days, the payment is considered unclaimed and permanently reverts back to NomadsLand.
G. Licensor shall have sixty (60) days in which to notify NomadsLand of any dispute of any items reported by NomadsLand. In the event of a dispute, NomadsLand shall have thirty (30) days in which to correct or confirm its report.
8. Warranty Disclaimer
9. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT NomadsLand SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
The Website is controlled and offered by NomadsLand from its facilities in the
10. Indemnity You agree to defend, indemnify and hold harmless NomadsLand, its parent corporation, officers, directors, employees and agents, 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 NomadsLand Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the NomadsLand Website.
11. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the NomadsLand Website is not intended for children under 13. If you are under 13 years of age, then please do not use the NomadsLand Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
12. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NomadsLand without restriction.
13. General You agree that: (i) the NomadsLand Website shall be deemed solely based in Virginia; and (ii) the NomadsLand Website shall be deemed a passive website that does not give rise to personal jurisdiction over NomadsLand, either specific or general, in jurisdictions other than Virginia. These Terms of Service shall be governed by the internal substantive laws of the State of
Updated June 21, 2007
                             |
 | 411 registered |
Get NomadsLand gear!
