Terms of Use

Please Read the following Terms of Use and Disclaimers carefully before using this Web Site

 

Acceptance of Terms
Fools Paradise (Nick Neilson) maintains this Web Site (the "Site") for your personal use. Your access to and use of this Site is subject to the following Terms of Use. We reserve the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

 

Accuracy and Completeness of Information
While we strive to ensure that the information contained in this Site is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

 

Modification of Site
We will periodically revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

 

Your Use of the Site
You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the site in any manner without the written permission.

 

No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

 

Unsolicited Submissions
We will accept or consider creative ideas, suggestions, link exchanges, or materials from the public ("Comments"). If you send us a comment or email, then such comment/email will be considered non-confidential and non-proprietary and shall immediately become the property of Fools Paradise (i.e., Nicholas Neilson) shall exclusively now and hereinafter own all rights, title and interest therein. Fools Paradise will be free to use any Submissions for any purpose whatsoever.

 

Privacy Policy. 

Our use of any personal data you submit to the Site is governed by the Site’s Privacy Policy.  By joining the Fools Paradise Private Mailing List you agree to receive periodic news and updates.  We respect your privacy and will not share your contact information with anyone else.  If you wish to stop receiving emails from Fools Paradise, simple reply with REMOVE in the subject line.

 

Disclaimers
Your use of this site is at your sole risk. The site is provided on an "as is" basis.

We expressly disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non infringement.

If you download any material from this site, you do so at your own discretion and risk. You will be responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

Limitation of Liability
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Fools Paradise (Nick Neilson) be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

 

Indemnification

You agree to defend, indemnify and hold Fools Paradise harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.

 

Copyright Notice

Unless otherwise noted, music sound files, graphic images, buttons and text contained in this Site are the exclusive property of Nicholas Neilson (i.e, Fools Paradise). Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission.

 

Trademarks

This Site features logos, trademarks and service marks (collectively, the "Marks") that are the property of Nicholas Neilson (i.e., Fools Paradise). Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission.

 

Links to Third Party Sites

As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Fools Paradise. Fools Paradise has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Fools Paradise. Fools Paradise is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

 

Jurisdiction

Fools Paradise maintains and operates this Site from California, United States of America. These Terms of Use are governed and interpreted under the laws of the State of California, United States of America. By using this site you consent to the jurisdiction of the courts located in California for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions.  My failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit my rights with respect to such breach or any subsequent breaches.