Terms

TRENDINGNUTS SERVICE USER AGREEMENT

Accepting the Terms of Service

The purpose of this website, trendingnuts.com (the “Site”), owned and operated by Henrymarketplace, Inc, is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:

Intellectual Property

By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else’s rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Trendingnuts a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Trendingnuts pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Trendingnuts has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

USE OF TREDINGNUTS CONTENT

By downloading an image or copying other user-generated content (UGC) from Trendingnuts, you agree that you do not claim any rights to it. The following conditions apply:

  • You may use UGC for personal, non-commercial purposes.
  • You may not use UGC for non-journalistic commercial purposes.
  • Your use of UGC is at your own risk. Tredningnuts MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold Trendingnuts harmless from any copyright infringement claims arising out of your use of the UGC. (See our general disclaimers below.)

You may not copy or use any portions of our site that are not UGC except within the limits of fair use.

NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)

If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act (“DMCA”) agent by sending the following information:

  • Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: you must have a registered copyright for the work, or at least have filed with the Copyright Office (http://www.copyright.gov/eco/) an application to register a copyright for the work. DMCA notifications based on unregistered works are not valid.
  • Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
  • A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
  • Your physical or electronic signature, or of someone authorized to act on your behalf.
  • Instructions on how we may contact you: preferably email, but also address and phone.

Because a DMCA takedown notice, to be valid, must be based on a work for which the copyright is registered with the Copyright Office (or for which registration has been applied for), and because a high percentage of DMCA takedown notices are not valid. It will speed our investigation of your DMCA notice if you attach to it a copy of your copyright registration, or registration application, for the work.

Email: trendingnuts@gmail.com

Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise, we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a “repeat infringer,” we will block or remove your images and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won’t count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.

Disclaimer of Warranties, Limitations of Remedies, Indemnity

Although of course, we strive to make Trendingnuts as dependable as possible, Trendingnuts’ services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. Trendingnuts DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER Trendingnuts TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, TRENDINGNUTS HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. TREDINGNUTS DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON TREDINGNUTS.COM THAT IS NOT PRODUCED BY TRENDINGNUTS, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Trendingnuts’ service is to discontinue your use of our service. TREDINGNUTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, TREDINGNUTS’ SERVICES, EVEN IF TREDINGNUTS’ HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF TREDINGNUTS’ SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

YOU WILL INDEMNIFY AND HOLD TREDINGNUTS AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.

Miscellaneous

“Trendingnuts” or “we” refers to Henrymarketplace, Inc., a New York corporation, and its successors and assigns. “You” refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by California law, excluding its conflicts of law principles, and if there is a lawsuit between you and Trendingnuts, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States, or in Santa Clara County, California otherwise. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of Trendingnuts’ services even after you discontinue using them. We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted. Trendingnuts is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Please Don’t Try This

If someone else might own the copyright to it, don’t upload it. Don’t upload gore, “hate speech” (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages violence or crime. Don’t upload illegal content such as child porn or nonconsensual (“revenge”) porn. Don’t hotlink to adult content or to file-sharing, gambling, torrent, warez, or Trendingnuts rip-off sites. Don’t impersonate someone else. Also, don’t use Trendingnuts to host image libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your content delivery network. If you do – and we will be the judge – or if you do anything illegal, in addition to any other legal rights we may have, we will ban you along with the site you’re hotlinking from, delete all your images, report you to the authorities if necessary, and prevent you from viewing any images hosted on Trendingnuts.com.

Say something

Please have tons of fun! That’s what Tredingnuts was made for. If something isn’t fun — if you see anything on our site that shouldn’t be there because it violates our policies, is illegal (e.g. revenge porn or child porn), or for some other reason, please let us know by emailing us at tredningnuts.com.