Noble Communications +

integrated communications, marketing, advertising, creative solutions



Terms of Service

The www.noble.net web site and any derivative web site on which these Terms of Use are posted are owned and operated by Noble World Communications, LLC, a Missouri company (“Noble”). Noble has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the www.noble.net web site, any derivative web sites on which these Terms of Use are posted and any Content, products or services that are offered or provided via the aforementioned web sites (collectively, the “Web Site”).


Noble reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Web Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes.

BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT (AS DEFINED BELOW) OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, OFFERING FOR SALE OR PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR OFFER FOR SALE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE.


General Terms of Use and Restrictions on Use

Noble hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. If you do not comply with the Terms of Use at any time, Noble reserves the right to revoke the aforementioned license, limit your access to the Web Site or restrict your ability to post or download Content or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion or information from the Web Site. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Web Site.


Noble may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at Noble’s sole discretion and without prior notice or liability. You agree that Noble may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Noble’s sole discretion and without liability to you or any third party.


For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.


Noble Intellectual Property

Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, Noble Communications +™, Noble® and Noble® logos, are the property of Noble and may not be used without Noble’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of Food Channel, and it may not be reproduced, recreated, modified, accessed or used in any manner in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by Noble or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate or modify the intellectual property found in the Web Site or Services or grant any other person or entity the right or access to do so.


Accounts

For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Noble in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Noble may refuse to grant a particular username to you for any reason, including, without limitation, in the event Noble determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.


Content

You acknowledge that the Web Site contains information, software, photos, video, text, graphics, music, sounds or other material provided by Noble or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.


The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. Noble does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to Noble a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.


In the event you would like to remove your User Content from the Web Site, please contact Noble at engagement@noble.net. Please note however, that your User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by Noble or other parties; (b) such User Content has been retained in Noble’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to other persons and such persons retain your User Content.


Noble’s Privacy Policy

Noble collects, stores and uses data collected from you in accordance with Noble’s Privacy Policy, located at . The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.




Links

The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because Noble has no control over such web sites or resources, you acknowledge and agree that Noble is not responsible for the availability of such external web sites or resources, and Noble does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that Noble shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource.


User Representations

You hereby represent and warrant to Noble that: (a) you (i) are over the age of eighteen (18), (ii) are an emancipated minor under the laws of your state of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Food Channel is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Noble or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site; (e) you have provided and will maintain accurate and complete registration information with Noble, including, without limitation, your legal name, address, email address, and any other information Noble may reasonably require; (f) your access to and use of the Web Site and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (g) you will immediately notify Noble in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.


In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to Noble: (1) you are owner of such User Content or otherwise have the right to grant Noble the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.


Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or the User Content that you may sell or purchase via the Web Site, which includes, without limitation, use of the foregoing to: (a) post or store material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) post or store files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) post or store viruses, Trojan horses or any other malicious code or program designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) violate the Noble Rules of User Conduct, and incorporated herein by reference; or (g) engage in any activity that, as determined by Noble, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.


Disclaimer

Noble uses reasonable efforts to maintain the Web Site, but Noble is not responsible for any defects or failures associated with the Web Site or any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Food Channel may undertake from time to time, or (c) causes beyond the control of Noble or which are not foreseeable by Noble. In addition, Noble makes no guarantees as to the web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.


Noble does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, Noble reserve the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Use. Because the User Content offered via the Web Site is provided by other users, and because Noble does not monitor or exercise control over the User Content, Noble does not make any warranties or representations regarding any of the User Content offered via the Web Site or the quality thereof. Noble does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Noble be liable under any theory for such exposure.


Noble is not a backup service for storing User Content, and Noble shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.


PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE WEB SITE, ANY USER CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. Noble EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.


WITHOUT LIMITATION, Noble MAKES NO WARRANTY THAT THE WEB SITE, ANY USER CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY USER CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.


ANY USER CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.




Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Noble SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF Noble HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, THE USER CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, THE USER CONTENT OR THE PURCHASE OF Noble PRODUCTS OR SERVICES. IN NO EVENT SHALL Noble’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, SELLING OR PURCHASING THE USER CONTENT OR PURCHASING Noble’s PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY Noble FOR PROVIDING THE SERVICES.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification

You agree to defend, indemnify and hold harmless Noble, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) any services or products provided by Noble.


The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF Noble, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN GREENE COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.


If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.


If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, telecommunications failure or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.


This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site and products and services sold via the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.


The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.


Noble makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.


Copyright and Copyright Notices

Noble respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Noble’s Copyright Agent the following information:
an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material;
your address, telephone number, and email address;
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; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.




Post a Comment

Your email is kept private. Required fields are marked *

*
*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

OUR LOCATIONS

Chicago

33 W. Monroe St. Suite 200

312.670.2900

Springfield, MO

2215 W. Chesterfield Blvd.

417.875.5000

Get In Touch

Facebook

Twitter

Linkedin

Copyrights © 2013. Noble.net. All rights reserved.