General Conditions
The Service is owned and operated by NautilusThink (“we” or “Nautilus” or “us”). By using our Service, you agree to be bound by these Terms of Use and to use the Service in accordance with these Terms of Use (including our Privacy Policy), and any additional terms and conditions that may apply to specific sections of the Service or to products and services available through the Service. Accessing the Service, in any manner, whether automated or otherwise, constitutes use of the Service and your agreement to be bound by these Terms of Use.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Use on the Service. By continuing to use the Service after we post any such changes, you accept the Terms of Use, as modified.
We reserve the right to modify or terminate your account for the Service for any reason, without notice, at any time.
You will use your true name in setting up an account and give only true personal information. You will not set up an account for anyone else without explicit permission from that person. You will not share your password or let others have access to your account, and you will not transfer your account to anyone else.
We reserve the right to refuse use of the Service to anyone for any reason at any time.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Use.
Terms of Use
By using the Service, you are agreeing to be bound by the following terms and conditions.
Basic Terms
Your interactions with organizations and/or individuals, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these organizations or individuals.
You agree that Nautilus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Nautilus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Nautilus, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Violation of any of these agreements will result in the termination of your account with the Service. While we prohibit such conduct and content on the Service, you understand and agree that Nautilus cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials and that you use the Service at your own risk.
Photo Gallery Copyright Information
Our online photo galleries are strictly intended for your original photos. In simple terms, if you didn’t take the photo, don’t post it on the Service. (If you had photos of your work taken by a photographer, it is your responsibility to assure that you have the right to post the photos on our photo gallery.) Uploading any work that you do not have the rights to is a violation of our Terms of Use and grounds for termination.
Commenting Terms
Violating any of the Terms of Use, including without limitation those below, may result in your account being locked. In the event that your account is locked, we may, but are not obligated to, remove posts you have added to the Service.
Children
Locations Outside the United States
Nautilus makes no representation that the contents of the Service, including any transactions offered, are appropriate or authorized in locations other than the United States of America. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. Software from this Service is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.
Ownership
All elements of the Service, including without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations, (but specifically excluding content of yours that you upload to the Service) as between you and Nautilus, are the sole property of Nautilus or its licensors, and protected by United States and international law, including copyright law. The mark “NAUTILUS” and associated logo designs are trademarks of Nautilus. All rights reserved. All other trademarks on the Service are the property of their respective owners. Except for content for which Nautilus gives explicit authorization, or as otherwise permitted under law, no material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAUTILUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
NAUTILUS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR NEEDS AND/OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH NAUTILUS AND/OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. |
YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, 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. |
YOU UNDERSTAND AND AGREE EXPRESSLY THAT NAUTILUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NAUTILUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO SERVICE.
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.
Copyright Agent
Nautilus respects the intellectual property of others and asks its users to do the same. If you believe that any copyrighted work of yours has been used on or in connection with the Service in a way that constitutes copyright infringement, please provide the Copyright Agent of Nautilus the following information:
Nautilus’s Copyright Agent for notice of claims of copyright infringement on its Service is John Steele, who can be reached as follows: 25 Broadway, 9th Floor, New York, NY 10004; email: john.steele@nautil.us. Without limitation of any of its other rights and remedies under the Terms of Use, the policy of Nautilus is to terminate access to the Service by repeat infringers of copyright.