Nipporica Associates provides all information and materials on this Web site (hereinafter the "Site") subject to the following terms and conditions, as well as the specific Cultural Detective License Agreement provided to persons downloading the Cultural Detective materials (collectively the "Terms and Conditions"). By using this Site, you agree to all of the Terms and Conditions.
Ownership and Restriction on Use
All pages within the Site and all information, images, materials, products and services available on or through the Site (the "Content") are the property of Nipporica Associates or used with permission. Except as specifically permitted hereunder, you, or anyone else authorized by you, may not copy, reproduce, republish, upload, post, transmit, or distribute the Content. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of piracy and publicity, and communications regulations and statutes.
Trademarks, Logos, and Service Marks
The trademarks, logos, and service marks (collectively the "trademarks") displayed on this Site are registered trademarks of Nipporica Associates. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without the written permission of Nipporica Associates. Your misuse of the trademarks displayed on this Site is strictly prohibited. You are also advised that Nipporica Associates will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Warranty Disclaimer; Limitation of Liability; Indemnities
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. FURTHER, THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
IN NO EVENT SHALL NIPPORICA ASSOCIATES, DIANNE HOFNER SAPHIERE, THE AUTHORS OF THE CONTENT OR THEIR EMPLOYEES OR REPRESENTATIVES BECOME LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TIME, MONEY OR GOODWILL, ARISING FROM THE USE, OPERATION OR MODIFICATION OF THE CONTENT BY YOU, EVEN IF NIPPORICA ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental and consequential damages, so the above limitation may no apply to you.
You further agree to indemnify, defend and hold harmless Nipporica Associates for any and all liability of any nature arising out of our resulting from the lack of accuracy or correctness of the Content or the use of the Content by you.
Modifications to the Site and the Terms and Conditions
Nipporica Associates may make improvements and/or changes to the Site or Content at any time without notice. As such, changes may, without notice, be periodically added to the Site and Content. Further, Nipporica Associates reserves the right at any time to discontinue on a temporary or permanent basis the operation of this Site, any information, products and/or services available on this Site and/or your access thereto. You agree that Nipporica Associates shall not be liable to you or any third party for any termination of the Site or any Content, or your access thereto.
Nipporica Associates also reserves the right at any time to modify these General Terms and Conditions and any other applicable terms and conditions to your use of the Site. Please review this page and any other notices on the Site on a regular basis to identify any such modifications. Your continued use of the Site serves as your acknowledgement and agreement to observe the applicable terms and conditions.
Links to Other Websites
This Site may provide links to other Web sites. Nipporica Associates has no control over the linked sites and is not responsible or liable for any content, advertising, information, links, products, services or other materials available on such sites. Nipporica Associates is providing these links only as a convenience to you. The inclusion of any such link does not imply any type of endorsement by Nipporica Associates of the linked site, its operators or any of the content, advertising, information, links, products or services available on or through such sites. Nipporica Associates 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 use of or reliance on any such content, advertising, information, links, products or services available on or through any such linked site.
Prohibited Use
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by the applicable terms and conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.
Privacy Statement
Nipporica Associates shall use reasonable precautions to maintain the confidentiality of any information provided by you via this Site, except as set forth in the following section. Because this information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that such information will remain secure. Nipporica Associates may at times disclose such information to its employees, representatives, officers, agents or affiliates, as well as any governmental entity, in the conduct of its business, to comply with applicable rules, orders, subpoenas or other legal processes, in order to provide information to any governmental agency or official requesting such information, or for any other legitimate business purpose. The Site does not collect personally identifying information about individuals except when specifically and knowingly provided by such individuals.
Use of Licensee Information, Questions and Feedback
Any questions, corrections or comments concerning this Site may reported to Nipporica Associates. Please note, however, that any feedback information, such as questions, corrections, comments, suggestions, ideas and the like regarding the Content of this Site shall be deemed to be non-confidential and Nipporica Associates shall have no obligation of any kind with respect to such information. Further, Nipporica Associates shall be free to use, disclose, reproduce and distribute such feedback information to others without limitation, and Nipporica Associates shall be free to use, and shall be the owner of, such ideas, concepts, know-how or techniques contained in such feedback information for any purpose whatsoever without compensation to any other party, including, without limitation, developing, manufacturing and marketing products incorporating such information. Nipporica Associates has no obligation to review, use or respond to such feedback.
General Provisions
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Kansas, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any other provision. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.