TERMS AND CONDITIONS

The Nubian Network welcomes you. The Nubian Network provides the NubianNetwork.us referral services (defined below) to you subject to the following Terms and Conditions (“TERMS”) for visitors, registered users and members of The Nubian Network.  You can review the most current version of the TERMS at any time at: https://nubiannetwork.us/terms-conditions/ By accessing and using the NubianNetwork.us referral services or by becoming a member, you accept and agree to be bound by the terms and provision of these TERMS. The Nubian Network may vary these TERMS at any time. If The Nubian Network varies these TERMS, it will provide notice by publishing the varied TERMS on the Site. You accept that as long as The Nubian Network has provided you with sufficient notice of the variation to its TERMS.

These TERMS govern your access to and use of NubianNetwork.us as well as your being listed on NubianNetwork.us. This Site is operated by The Nubian Network. “We” means The Nubian Network, and “our” shall be construed accordingly. “You” means the person, firm, company or organization browsing and/or being listed on the Website, and “your” shall be construed accordingly. The Nubian Network provides NubianNetwork.us, including all information, tools and services available via NubianNetwork.us, to you, the user, conditioned upon your acceptance of these Terms.

These TERMS will remain in full force and effect as long as you are a visitor to the Site, a registered user of the Site or a Member of The Nubian Network and, in the event of termination of any service or feature, you will still be bound by your obligations under these TERMS, and any additional terms and conditions.

MEMBERSHIP TERMS

SIGNING UP FOR MEMBERSHIP OR BECOMING A REGISTERED USER MEANS ADHERENCE TO CERTAIN STANDARDS AND GUIDELINES, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If you use NubianNetwork.us, you shall be responsible for maintaining the confidentiality of your User ID, Personal Identification Number (PIN), Password and any other access credential set as may be required and you shall be responsible for all activities that occur under your access credentials.

UP-TO-DATE AND TRUTHFUL INFORMATION OBLIGATIONS

You agree to only include up-to-date and truthful information relevant to your professional or business profile.  You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that The Nubian Network has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the TERMS, The Nubian Network has the right to indefinitely suspend or terminate or block access of your membership with The Nubian Network and refuse to provide you with access to NubianNetwork.us. 

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to NubianNetwork.us, You agree and understand that You are communicating with NubianNetwork.us through electronic records and You consent to receive communications via electronic records from NubianNetwork.us periodically. NubianNetwork.us may communicate with You by email or by such other mode of communication, electronic or otherwise.

MEMBERSHIP AGE REQUIREMENTS

Membership into and setting up a listing on the The Nubian Network’s Website is available only to persons who can form legally binding contracts under United States governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of NubianNetwork.us and shall not transact or set up a listing on NubianNetwork.us unless granted specific permission by a legal guardian or parent. As a minor, if you wish to become a member or transact on NubianNetwork.us, such use or transaction may be made by your legal guardian or parents who have registered as users of NubianNetwork.us or are active members of The Nubian Network. The Nubian Network reserves the right to terminate your membership and refuse to provide you with access to NubianNetwork.us if it is brought to The Nubian Network’s notice or if it is discovered that you are under the age of 18 years and permission has not been granted.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE NUBIANNETWORK.US REFERRAL LISTING

The Nubian Network does not claim ownership of content you submit or make available for inclusion on the NubianNetwork.us business or professional listings. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the NubianNetwork.us referral services, you grant The Nubian Network worldwide, royalty-free and non-exclusive license(s), as applicable.

CONTRIBUTIONS TO NUBIANNETWORK.US

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to The Nubian Network through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The Nubian Network is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The Nubian Network shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The Nubian Network may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of The Nubian Network without any obligation of The Nubian Network to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The Nubian Network under any circumstances.

MEMBERS’, REGISTERED USERS’ AND VISITORS’ TERMS

ACCESSING, BROWSING OR OTHERWISE USING NUBIANNETWORK.US INDICATES YOUR AGREEMENT TO ALL THE TERMS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

MEMBER’S USE OF THE NUBIANNETWORK.US WEBSITE

You agree, undertake and confirm that your membership of NubianNetwork.us shall be strictly governed by the following binding principles:

1. permission to share images that you upload in our marketing or use your business name in news, posts or marketing
2. you agree to our professional code of conduct at all times
3. You agree to work with us whenever you get a bad review to correct the issue. Failure to reach an agreement may result in your account termination.
4. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
   1. Belongs to another person and to which you do not have any right;
   2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way;
   3. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   4. Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
   5. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   6. Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
   7. Solicits gambling or engages in any gambling activity which NubianNetwork.us, in its sole discretion, believes is or could be construed as being illegal;
   8. Interferes with another user’s use and enjoyment of NubianNetwork.us or any other individual’s user and enjoyment of similar services;
   9. Shall not be false, inaccurate or misleading;
   10. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
5. You agree to not use our emailing listing service for the purpose of marketing your own product and acting contrary may ends in termination of your membership.

FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

By gaining access to some certain services, features and functionality on the Sites, You acknowledge that these TERMS will not apply to your use of any such Third Party Content which may be owned and operated by third parties (collectively, “Third Party Providers”), Notwithstanding anything to the contrary in these TERMS, we may indicate on the Sites that certain Third Party Content is subject to separate terms and conditions.

USE OF CONTENT

NubianNetwork.us includes, without limitation, the selection, content, text, data, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, systems, processes, products, features, and “look and feel” and arrangement of the same together with all trademarks, service marks, and trade names displayed, distributed, or otherwise made available via the Site, are the exclusive property of the The Nubian Network or its licensors. You may use the content solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright or other notices contained on NubianNetwork.us, including notices on any Content you download, transmit, display, print, or reproduce from NubianNetwork.us unless you obtain the prior written consent of the The Nubian Network.

You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of The Nubian Network. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. The The Nubian Network reserves the right, in its sole discretion, to limit or terminate your access to or use of NubianNetwork.us, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the The Nubian Network may be entitled at law or in equity.

PROHIBITED ACTIVITIES

The usage of any of “deep link,” “page-scrape,” “robot,” “spider” and or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites through any means not purposely made available through the Sites is highly prohibited and could lead to your termination of the use of the site. It’s also prohibited to alter transmission data, or attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to a NubianNetwork.us server, or to any of the services offered on or through the Sites, by hacking, password “mining,” or other illegitimate means.

LINKS TO OTHER WEBSITES

Certain links on NubianNetwork.us will let you leave the Site. These linked sites may be operated by the The Nubian Network while some are not under the control of the The Nubian Network, and The Nubian Network is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by The Nubian Network of any such linked site or the products therein. If you decide to access any third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

TRADEMARKS AND COPYRIGHTS

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (collectively, the “Marks”) are the property of the The Nubian Network or its licensors, content providers or other third parties. The Nubian Network retains all intellectual property rights subsisting in any of the Contents and services provided to you by The Nubian Network.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE NUBIANNETWORK.US SERVICES ARE AT YOUR SOLE RISK. THE NUBIANNETWORK.US SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NUBIAN NETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

THE NUBIAN NETWORK AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE THE NUBIAN NETWORK STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, THE NUBIAN NETWORK CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE NUBIAN NETWORK OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE THE NUBIAN NETWORK OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE THE NUBIAN NETWORK NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE NUBIANNETWORK.US IS TO DISCONTINUE YOUR USE OF THE SITES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to defend, indemnify and hold The Nubian Network and its affiliates, service providers, licensors and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials, any User Content you post, store or otherwise transmit on or through this Website, or your use of or inability to use this Website.

If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on the part of the The Nubian Network.

JURISDICTION AND APPLICABLE LAW

The use of NubianNetwork.us and any agreements entered into through NubianNetwork.us are to be governed by and construed in accordance with California USA law. The California courts are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of NubianNetwork.us or any agreement made through NubianNetwork.us.

NO EXPORTING

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on NubianNetwork.us, in violation of any applicable laws or regulations, including without limitation to export laws and regulations.

TERMINATION

We may terminate your membership or your registration and/or deny you access to NubianNetwork.us or any part of it (including any services, goods or information available on or through NubianNetwork.us) at any time in our absolute discretion and without any explanation or notification if we find you in violation of any of these TERMS.

CHANGES TO THESE TERMS

The The Nubian Network reserves the rights to change, modify, add or remove any portion of these TERMS, in whole or in part, at any time. Notice will be provided when we make changes to these TERMS. Revised terms will take effect five days after publication of the notice on the Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.

ENTIRE AGREEMENT

These TERMS and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers, as described in the paragraph entitled “Features and Functionality Provided by Third Parties; Third Party Terms”) constitute the entire agreement and understanding between you and the The Nubian Network. No action of The Nubian Network, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of The Nubian Network is authorized to waive it orally.

WAIVER AND SEVERABILITY

If any provision of these TERMS is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The Nubian Network does not in any way gives waiver under the infringement of any term or condition set forth in these TERMS.

These TERMS shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the The Nubian Network to assert a right or provision under these TERMS shall not constitute a waiver of such right or provision.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

The Nubian Network respects the intellectual property of others, and we ask our registered users or members of The Nubian Network to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Nubian Network’s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• 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;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Nubian Network’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o The Nubian Network
PO Box 352
Red Oak, TX 75154
Electronically: https://nubiannetwork.us/contact-us/
By phone: (214) 740-2757
By email: info@TheNubianNetwork.com

REMEDIES

The laws of California govern these terms in all respects, without giving effect to conflicts of laws principles. Any cause of action brought by you against The Nubian Network must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

At its option, the The Nubian Network may seek all remedies available to it in these TERMS, under law and in equity, including injunctive relief in the form of specific performance to enforce these TERMS and any additional instructions, guidelines or policies issued by the The Nubian Network (including those posted on the Sites).

HOW TO CONTACT US

By mail:
The Nubian Network
PO Box 352
Red Oak, TX 75154
Electronically: https://nubiannetwork.us/contact-us/
By phone: (214) 740-2757
By email: info@TheNubianNetwork.com