The following terms and conditions govern all use of the services and products available at or through the nrelate.com website, including, but not limited to, the hosted nrelate widget. The nrelate widget is owned and operated by nrelate Source, Inc. ("nrelate"). The service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, nrelate's Privacy Policy) and procedures that may be published from time to time on this Site by nrelate (collectively, the "Agreement").
Please read this Agreement carefully before accessing or adding the nrelate widget on your site. By accessing or adding the nrelate widget on your site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not add the nrelate widget to your site. If these terms and conditions are considered an offer by nrelate, acceptance is expressly limited to these terms.
Your nrelate widget. If you add the nrelate widget to your site, you are responsible for maintaining the service, and you are fully responsible for describing the service according to our below guidelines. nrelate may change or remove any nrelate widget that it considers inappropriate or unlawful, or otherwise likely to cause nrelate liability.
Service User Interface Display. When using the nRelate widget, a section of your site will be served by nRelate with associated related content. The look and feel of that unit can be configured completely by the site owner.
nrelate maintains the right to modify the widget user interface as it feels appropriate but will do so only on version upgrades.
If site owner enrolls in advertising, nrelate will choose content sources or sponsors content dynamically and therefore those sources can change over time.
Responsibility of Contributors. The nrelate widget operates on the content on your site's pages (together, "the Content"). The nrelate widget is only available to legitimate sites. By making the nrelate widget available on your site, you represent and warrant that: The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by nrelate or otherwise; and You must immediately notify nrelate of any unauthorized uses of your site, your account or any other breaches of security. nrelate will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Sponsorship. There is significant cost for nrelate to make the nrelate widget available to partner sites. In order to support the service, nrelate will offer Advertising space to sponsors. nrelate has sole discretion in it's choice of sponsors. nrelate is committed to including only high quality brands/ services. nrelate is also committed to it's partner-site needs to run a high quality service and generous sponsorship is what enables nrelate to offer and maintain the service. If your site is generating 5+ million monthly page-views, you are eligible to join nrelate Related Content custom Services irrespective of deploying the above described standard widget or a customized interface. As a member, nrelate will share a portion of the sponsorship dollars with you. Please email us at sales at nrelate dot com for more information.
Service Removal. Without limiting any of the above representations or warranties, nrelate has the right (though not the obligation) to, in nrelate's sole discretion (i) refuse or remove the nrelate widget on your site if your site, in nrelate's reasonable opinion, violates any nrelate policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the nrelate widget to any individual or entity for any reason, in nrelate's sole discretion. nrelate will have no obligation to provide a refund of any amounts previously paid. Fees and Payment. Optional premium paid services, such as customizing the look & feel, content sources or crawling your site's content, are available. Please contact sales and a different terms of service will apply. This terms of service applies to the free widget available through our website.
Responsibility of Website Visitors. nrelate has not reviewed, and cannot review, all of the material, displayed in the nrelate widget, and cannot therefore be responsible for that material's content, use or effects. By operating the nrelate widget, nrelate does not represent or imply that it endorses the material there displayed, or that it believes such material to be accurate, useful or non-harmful. The nrelate widget may display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The nrelate widget may also contain material from websites that violate the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. nrelate disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web-pages to which nrelate.com links, or that link to nrelate.com. nrelate does not have any control over those websites and web-pages, and is not responsible for their contents or their use. By linking to a website or webpage, nrelate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. nrelate disclaims any responsibility for any harm resulting from your linking to websites and web-pages via the nrelate widget.
Copyright Infringement and DMCA Policy. As nrelate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the nrelate widget violates your copyright, you are encouraged to notify nrelate in accordance with nrelate's Digital Millennium Copyright Act ("DMCA") Policy. nrelate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of nrelate or others, nrelate may, in its discretion, terminate or deny access to and use of the nrelate widget. In the case of such termination, nrelate will have no obligation to provide a refund of any amounts previously paid to nrelate.
Intellectual Property. This Agreement does not transfer from nrelate to you any nrelate or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with nrelate. nrelate, nrelate.com, the nrelate.com logo, and all other trademarks, service marks, graphics and logos used in connection with the nrelate widget, or the Website are trademarks or registered trademarks of nrelate or nrelate's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any nrelate or third-party trademarks.
Changes. nrelate reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the nrelate widget following the posting of any changes to this Agreement constitutes acceptance of those changes. nrelate may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. nrelate may terminate your access to all or any part of the nrelate widget at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your subscription to the nrelate widget (if you have one), you may simply remove the service from your site. Notwithstanding the foregoing, if you have a custom Services account, such account can only be terminated by nrelate if you materially breach this Agreement and fail to cure such breach within thirty (30) days from nrelate's notice to you thereof; provided that, nrelate can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The nrelate widget is provided "as is." nrelate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither nrelate nor its suppliers and licensors makes any warranty that the nrelate widget will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat.
Limitation of Liability. In no event will nrelate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to nrelate under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. nrelate shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the nrelate widget will be in strict accordance with the nrelate Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside) and (ii) your use of the nrelate widget will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless nrelate, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the nrelate widget, including but not limited to out of your violation this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between nrelate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of nrelate, or by the posting by nrelate of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the nrelate widget will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; nrelate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.