Nuuvy General Terms & Conditions
Nuuvy.com and all affiliated
sub-domains (the "Site") is provided to you subject to the following
Terms and Conditions of Use and any operating rules or policies that may be
published from time to time by Nuuvy.com.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions
were modified on June 1, 2007.
Your Acceptance
BY USING AND/OR VISITING THIS
WEBSITE YOU SIGNIFY YOUR ACCEPTANCE OF THE
TERMS AND CONDITIONS WRITTEN BELOW
(the "Terms of Service") AND THE TERMS
AND CONDITIONS OF
NUUVY'S PRIVACY NOTICE. If you do not agree to any of
these terms, then please do not use
NUUVY.com.
Changes to the Terms and Conditions
Nuuvy.com may, in its sole
discretion, change, add or remove any portion of the Terms and Conditions at
any time by posting new Terms and Conditions on the Site without notice to you.
Your continued use of the Site after such changes are posted will constitute
your agreement to such changes.
The NUUVY.com Website
These Terms of Service apply to all
users of Nuuvy.com, including users who are also producers or contributors of
video content, information, and other materials or services on the Website.
Nuuvy.com may contain links to third party websites that are not owned or
controlled by Nuuvy.com. Nuuvy.com has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, Nuuvy.com will not and cannot censor or edit the
content of any third-party site. By using this Website, you expressly relieve
Nuuvy from any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave Nuuvy.com and
to read the terms and conditions and privacy policies of any other website that
you visit.
Modifications to the Site
Nuuvy.com reserves the right, for
any reason, in its sole discretion, to terminate, suspend or change any aspect
of the Site including but not limited to content, features or hours of
availability without notice to you. Nuuvy.com may impose limits on certain
features of the Site or restrict your access to all or part of the Site without
notice or penalty.
Website Use and Access
A. Nuuvy hereby grants you permission to use Nuuvy.com
free of charge as set forth in this Terms of Service, provided that: (i) your
use of the Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any medium
without Nuuvy's prior written authorization; (iii) you will not alter or modify
any part of
the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you
will have to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify Nuuvy
immediately of any breach of security or unauthorized use of your account.
Although Nuuvy will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Nuuvy or others due to
such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner that
sends more request messages to the Nuuvy servers in a given period of time than
a human can reasonably produce in the same period by using a convention on-line
web browser. Notwithstanding the foregoing, Nuuvy grants the operators of
public search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. Nuuvy reserves the
right to revoke these
exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the communication
systems provided by the Website for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Website with
respect to their User
Submissions.
User Rules of Conduct
A. You warrant and agree that while using the Site, you
shall not upload, post, transmit, distribute or otherwise publish through the
Site any materials which, in Nuuvy.com's sole discretion: (a) are unlawful,
threatening, harassing or profane; (b) restrict or inhibit any other user from
using or enjoying the Site; (c) constitute or encourage conduct that would
constitute a criminal offense or give rise to civil liability; (d) contain a
virus or other harmful component, advertising of any kind, or false of
misleading indications or origin or statements of fact; (e) or are otherwise
harmful to the community.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that: (i) you own
or have the necessary licenses, rights, consents, and permissions to use and
authorize Nuuvy to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and
these Terms of Service; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such
identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the User
Submissions to Nuuvy, you hereby grant Nuuvy a worldwide, non-exclusive,
royalty-free, sublicenseable
and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and perform the
User Submissions in connection with the Nuuvy Website and Nuuvy's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the Nuuvy Website (and derivative works thereof)
in any media formats and through any media
channels. You also hereby grant each user of
the Nuuvy Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The foregoing
license granted by
you terminates once you remove or
delete a User Submission from the Nuuvy Website.
C. In connection with User Submissions, you further
agree that you will not: (i) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant Nuuvy
all of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage Nuuvy or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
Nuuvy does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and Nuuvy expressly disclaims any and all liability
in connection with User Submissions. Nuuvy does not permit copyright infringing
activities and infringement of intellectual property rights on its Website, and
Nuuvy will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual property
rights. Nuuvy reserves the right to remove Content and User Submissions without
prior notice. Nuuvy will also terminate a User's access to its Website, if they
are determined to be a repeat infringer. A repeat infringer is a User who has
been notified of infringing activity more than twice and/or has had a User
Submission removed from the Website more than twice. Nuuvy also reserves the
right to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as, but not
limited to, pornography, obscene or defamatory material, or excessive length.
Nuuvy may remove such User
Submissions and/or terminate a
User's access for uploading such material in violation of these Terms of
Service at any time, without prior notice and at its sole discretion.
Intellectual Property
The content on the Nuuvy Website,
except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed to
Nuuvy, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. Nuuvy reserves all rights not expressly granted in
and to the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User
Submissions of third parties
obtained through the Website for any commercial purposes. If you download or
print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the Nuuvy
Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Nuuvy Website or the Content therein.
Copyright Complaints
Nuuvy.com may, in appropriate
circumstances and at its discretion, terminate the access of users,
subscribers, and account holders who have been accused of infringing the copyrights
of others. If you believe that your work has been copied and is accessible on
the Site in a way that constitutes copyright infringement, you may notify
Nuuvy.com by sending an e-mail to copyrightnotice@nuuvy.com.
The designated agent to receive notification of claimed infringement under the
Digital Millennium Copyright Act is Thomas J. O’Keefe, Thomas J. O’Keefe Inc., 2717 West Coast Highway, Newport Beach, CA 92663, (949) 646-8746, e-mail: toknkok@aol.com.
Membership Accounts
Upon creating a Membership account
through the Site, you agree to provide Nuuvy.com with a current email address
and to update such information immediately upon any changes. You may not use a
false email address, impersonate any person or entity, or otherwise mislead as
to the origin of any content. You will also need to create a password and will
receive an account designation upon completing the Site's registration process.
You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify Nuuvy.com of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
Nuuvy.com cannot and will not be liable for any loss or damage arising from
your failure to comply with these Terms and Conditions of Use. Nuuvy.com may
terminate a Membership account for any reason in Nuuvy.com's sole discretion.
Members may maintain only one account each; duplicate accounts may be subject
to cancellation in Nuuvy.com's sole discretion.
Privacy Policy
Your privacy is very important to
Nuuvy.com. Users of this Site should refer to our Privacy Policy for
information about how Nuuvy.com collects and uses personal information. By
accepting this Agreement you expressly consent to Nuuvy.com's disclosure and
use of your personal information (including to the use of your email account or
address to communicate with you) as described in the Privacy Policy, which is
incorporated herein by reference.
Written Reviews, Ratings, Comments, and Messages
Apart from the submission of videos
to Nuuvy.com, Nuuvy.com may allow you to post or submit written reviews and/or
ratings of videos, messages, comments, and other content ("content")
on the Site provided that the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." Nuuvy.com reserves
the right to reject any postings and submissions to the Site and/or to remove
postings and submissions to the Site for any reason in Nuuvy.com's sole
discretion. If you do post or submit content to the Site, and unless we
indicate otherwise, you grant Nuuvy.com a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media without any
compensation to you. You grant Nuuvy.com the right to use the name you submit
in connection with such content. You represent and warrant that you own or
otherwise control all of the rights to the content that you post and submit,
that the content is accurate, that you are not employed by the manufacturer or
its competitor of the product featured in a video you review or rate; that use
of the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify Nuuvy.com for all
claims resulting from content you supply. Nuuvy.com is not responsible in any
way for ratings and reviews posted by its users.
Embeddable Player
Nuuvy.com permits you to link to
materials on the Site for personal, non-commercial purposes only. In addition,
Nuuvy.com provides an embedding code for its video player ("Nuuvy.com
Video Player") which you may incorporate into your own personal,
non-commercial websites for use in accessing the materials on the Site,
provided that you include a prominent link back to the Nuuvy.com website on the
pages containing the Nuuvy.com Video Player. Nuuvy.com reserves the right to
preclude you from linking to the Site and embedding the Nuuvy.com Video Player
on your website for any reason in Nuuvy.com's sole discretion. Upon receiving a
notice from Nuuvy.com requesting that you to remove the Nuuvy.com Video Player
from your website, you agree to immediately remove the Nuuvy.com Video Player
from your website.
Monitoring
You agree that Nuuvy.com has the
right, but not the obligation, to monitor, edit, disclose, refuse to publish,
or remove at any time, for any reason in its sole discretion, any material and
content anywhere on the Site, including but not limited to the video reviews.
Notwithstanding this right, Nuuvy.com does not and cannot review all materials
posted on the Site by users and Nuuvy.com takes no responsibility and assumes
no liability for any content posted by you or any third party.
Third-Party Sites, Products and Services
Nuuvy.com attempts to be as accurate
as possible with the information it provides to you on the Site; however,
Nuuvy.com does not warrant that product descriptions or other content of this
Site is accurate, complete, reliable, current, or error-free. Please keep in
mind that some of the content that we make available to you through this
application comes from Amazon Web Services. All such content is provided to you
"as is." This content and your use of it are subject to change and/or
removal at any time. Although Nuuvy.com provides you with information on how to
purchase products, such as providing you with links to the websites where you
can purchase products featured on Nuuvy.com, Nuuvy.com does not sell products
directly. As such, Nuuvy.com is not responsible for examining or evaluating,
and does not warrant the offerings of, any of these businesses or the content
of their websites. Your correspondence or related activities with product
vendors, including payment transactions and goods delivery transactions, are
solely between you and that product vendor. Nuuvy.com does not assume any
responsibility or liability for the actions, product, and content of all these
and any other third parties. You agree that Nuuvy.com will not be responsible
or liable for any loss or damage of any sort incurred as the result of any of
your transactions with these third parties. Any questions, complaints or claims
related to any product or service should be directed to the appropriate product
vendor. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT,
FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS
PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE. NUUVY.COM DOES NOT WARRANT THAT (A) THE SITE OR THE
FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU WERE
EXPOSED TO THROUGH NUUVY.COM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN
USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NUUVY.COM BE
LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE
CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF NUUVY.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL
LIABILITY OF NUUVY.COM TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM
THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN
THE AGGREGATE.
Indemnification
You agree to defend, indemnify and
hold Nuuvy.com and its officers, directors, employees, agents, licensees,
successors and assigns harmless from and against any and all claims, losses,
damages, liabilities, costs and expenses (including reasonable attorneys' fees)
incurred or suffered by them in connection with any claim arising out of or
related to (i) your use of the Site, (ii) your breach or violation of any of
these Terms and Conditions, or (iii) your dispute with another user. Nuuvy.com
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and you shall
not in any event settle or otherwise dispose of any matter without the prior
written consent of Nuuvy.com.
Termination
You agree that Nuuvy.com, in its
sole discretion, may terminate your password, account (or any part thereof) or
use of the Site, and remove and discard any content you may have contributed to
the Site, at any time for any reason or no reason. Nuuvy.com may also in its
sole discretion and at any time discontinue providing the Site, or any part
thereof, with or without notice. You agree that any termination of your access
to the Site under any provision of these Terms and Conditions of Use may be
effected without prior notice, and acknowledge and agree that Nuuvy.com may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files of the Site.
Further, you agree that Nuuvy.com shall not be liable to you or any third-party
for any termination of your access to the Site. Should you object to any terms
or conditions or become dissatisfied with the Site in any way, your only
recourse is to immediately discontinue your use of the Site and/or terminate
your account.
Choice of Law; Forum
This agreement shall be governed by
and in accordance with the laws of the State of California, without regard to conflicts of law
provisions. Any controversy involving Nuuvy.com arising from or in any way
related to the Terms and Conditions of Use or your use of the Site shall be
heard in the appropriate State or Federal court in Orange County, California and you irrevocably consent to the
jurisdiction of such courts.
Notices
Except as explicitly stated
otherwise, any notices shall be given by email to Nuuvy.com at contact@Nuuvy.com or to you at the email address you provide to
Nuuvy.com. Notice shall be deemed given 24 hours after the email is sent,
unless the sending party is notified that the email address is invalid.
General Provisions
Nuuvy.com makes no representations
that the content and materials on the Site are appropriate, available or legal
in any location outside of the United States. Those who choose to access the
Site from outside of the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. If any provision of the Terms and Conditions is held to be invalid
or unenforceable by a court of competent jurisdiction, then such provision
shall be enforced to the maximum extent possible so as to effect
the intent of the Terms and Conditions, and the remainder of the Terms and
Conditions shall continue in full force and effect. The failure by either you
or Nuuvy.com to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision. You agree
that any cause of action arising out of or related to the Site or the Terms and
Conditions must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred. This agreement comprises
the entire agreement between you and Nuuvy.com and supersedes all prior
agreements between the parties, regarding the subject matter contained herein.
All provisions in the Terms and Conditions regarding representations and
warranties, indemnification, disclaimers, and limitation of liability shall
survive the termination of the Terms and Conditions.
Nuuvy.com
23422 Mill Creek Drive, Suite #115
Laguna Hills, CA 92653
NUUVYMAKER PROGRAM TERMS AND CONDITIONS
These NuuvyMaker Program Terms and
Conditions were last updated on June 1, 2007.
By submitting video reviews to
Nuuvy.com or participating in any active promotion or program of Nuuvy.com, you
acknowledge that you have read, understood, and agree to be bound by these NuuvyMaker
Program Terms and Conditions. These terms and conditions are in addition
Nuuvy.com's General Terms and Conditions which are incorporated by reference
herein. If there is any conflict between the Nuuvy.com General Terms and
Conditions and the NuuvyMaker Program Terms and Conditions, the NuuvyMaker
Program Terms and Conditions will govern.
1. Current Promotions and Programs
2007 NuuvyMaker Website Launch Promotion: This promotion is offered between June 1, 2007 (8:00am PST) and December 31, 2007 (11:59pm PST) (the "Promotion Period"). Nuuvy.com will pay any participating members one to five dollars ($1 - $5) per qualifying video submitted for members achieving the “NuuvyGoer” status based on editorial acceptance and the quality level of the video submitted, two to six dollars ($2 -$6) per qualifying video submitted for members achieving the “NuuvyMaker” status, three to eight dollars ($3 -$8) per qualifying video submitted for members achieving the “NuuvyStar” status, and four to ten dollars ($4 - $10) per qualifying video submitted for members achieving the “CameraHead” status during the Promotion Period, for up to 100 qualifying videos per member. All payments will be made in accordance with Section 3 of these NuuvyMaker Program Terms and Conditions. Qualifying videos may feature any product noted as acceptable in these NuuvyMaker Program Terms and Conditions (see Section 2: NuuvyMaker Program Submission Rules for more details). Payments will be issued monthly. Minimum pay-out amount required to trigger payment is $25. Additional restrictions may apply.
Refer-A-Friend Program: Members can
receive five-dollars ($5.00) for referring a new member to Nuuvy.com who
subsequently uploads a qualifying video review to Nuuvy.com. See the
Refer-A-Friend Terms and Conditions below for more details.
Unless otherwise indicated by
Nuuvy.com, all promotions or programs are subject to cancellation at any time
in Nuuvy.com's sole discretion. See Section 3: Payment Details below for more
information.
2. Video Submission Rules
Video reviews ("videos")
may only be submitted by U.S. legal Residents who are 18 years or
older. Submitters cannot be affiliated with a company that sells, distributes
or is otherwise affiliated with the product or service featured and/or reviewed
in a video. Submitters cannot be compensated in any way for creating a video
apart from Nuuvy.com. All videos must reflect the Submitter's true and honest
opinions and beliefs about the product or service reviewed.
Submitters may not submit a video
featuring a product for which the Submitter has already submitted a video
(whether to Nuuvy.com or a third party). Submitters from the same household may
not submit separate videos featuring the same product. Videos must be created
solely and expressly for Nuuvy.com and be the Submitter's original creation.
Employees of Nuuvy.com (and members of their immediate family and/or those
living in the same household) are not eligible for any Nuuvy.com promotions or
programs.
3. Specifications
Videos must be at least 1 minute in
length and must be uploaded to the Nuuvy.com website in one of the following
file formats: WMV, MPG, MP4, MOV or AVI. Videos must not exceed 50MB and must
be encoded to a 320x240 pixel window size. Standard video codecs must be used
and videos must be shot in portrait format. See the How To page for guidelines
on how to make a video. A Submitter must appear in his or her video so that his
or her face is identifiable. No sunglasses, large hats or other attempts to
disguise the Submitter's face. If a video includes one or more persons other
than the Submitter, the Submitter must obtain appropriate consent from such
person(s) authorizing the Submitter to submit the video in accordance with the
NuuvyMaker Program Terms and Conditions, including but not limited to,
Nuuvy.com's use of the video for commercial purposes. All videos must be in the
English language and must be of a satisfactory quality (i.e., brightness,
focus, volume) as determined solely in the discretion of Nuuvy.com.
The product featured in the video
must be visually identifiable (unless the video reviews a movie currently in
theaters). Videos must contain product information and/or a product
demonstration helpful to consumers as determined solely in the discretion of
Nuuvy.com. Videos cannot contain any profanity, offensive language, nudity or
otherwise objectionable material as determined solely in the discretion of
Nuuvy.com. Videos cannot contain music or other material subject to a
copyright. Videos cannot contain any extensive personal information (e.g.,
address, phone number, etc.) of the Submitter or anyone else. All data
requested by Nuuvy.com, including without limitation video data and data about
the Submitter, must be properly and fully completed during the registration and
upload process. Nuuvy.com does not accept mail-in submissions. Submissions by
mail will not be returned.
4. Acceptable Products and Services
The product featured in the video
must be verifiably and currently available for sale nationally through one or
more retailer. For videos featuring computers or electronics, the exact model
of the product reviewed must be specified during the upload process and must be
mentioned or displayed in the video. Videos cannot feature products deemed
unsuitable for a broad consumer audience or products for which there lacks a
broad consumer interest ("Unqualified Products") as determined solely
in the discretion of Nuuvy.com. Such Unqualified Products may include, but are
not limited to:
Prescription medicine, firearms,
tobacco, other restricted goods
Collectible or rare goods
Discontinued items
Non-transactional websites
Movies or media in VHS format
Videos submitted to Nuuvy.com's
"Travel" category may feature luggage, carry-ons and travel
accessories, and may also review a tourist destination or attraction,
accommodations, or transportation service. Travel reviews featuring
destinations or locations must include the Submitter's own original on-location
footage.
5. Acknowledgements
Nuuvy.com may reject a video
submission for any reason in its sole discretion. Nuuvy.com, in its sole
discretion, may reject a video which lacks a reasonable level of consumer
information or product demonstration. Decisions of Nuuvy.com are final and
binding. By accepting or allowing you to upload a video to the Site, Nuuvy.com
does not accept any obligation to publish the video on the Site and reserves
the right not to use, display or make available to the public the video for any
reason in Nuuvy.com's sole discretion. Nuuvy.com reserves the right to remove
from the Site any previously published video and/or category of video reviews
for any reason and at any time in its sole discretion. If you have a question
as to why your video did not publish on the Site or was removed from the Site,
please send us an email at contact@nuuvy.com.com. By submitting a video to
Nuuvy.com, Submitters must agree to the NuuvyMaker Program Terms and
Conditions, which is incorporated herein by reference, whereby Submitters
assign and transfer all rights, title, and interest in the video (including, without
limitation, all copyrights, ideas, know-how and techniques in the Video) to
Nuuvy.com as further indicated in that agreement. Any video submitted to
Nuuvy.com may be used for any purpose by Nuuvy.com and may be posted on the
Site for public viewing and rating. Nuuvy.com, in its sole discretion, may
upload submitted videos to third party websites (e.g., YouTube, Yahoo! Video,
etc.) and/or selected to air on cable on Nuuvy.com. Submission of a video
constitutes permission for Nuuvy.com, its agencies or any third party approved
by Nuuvy.com (including product manufacturers or retailers) to use the
Submitter's name, likeness and video, in whole or in part, for advertising and
promotional purposes in any media without additional compensation unless
prohibited by law.
6. Payment Details
Current Promotions: See Section 1
above for more details.
Nuuvy.com only processes credits and
payments via PayPal in U.S. Dollars. Members must have a valid PayPal account
which may be obtained at the PayPal website and which may be subject to its own
restrictions.
The minimum amount required to
process a payment is twenty-five dollars ($25.00). Payments are processed
monthly and may be subject to PayPal's applicable terms and conditions separate
and apart from Nuuvy.com's terms and conditions. Please allow up to four (4)
weeks from the end of the month in which the submission occurred for receipt of
a PayPal payment for qualifying videos. Members will not be entitled to receive
interest on any credits or payments.
Payments earned from the
Refer-A-Friend and any other current promotions will be posted to the Earnings
section of your My Account page. A summary of expected credits can be found on
the Earnings section of the My Profile page on Nuuvy.com. All credits earned by
members are subject to review. Necessary adjustments may be applied to member
accounts at any time by Nuuvy.com in its sole discretion. Members are
responsible for keeping their Nuuvy.com account information current and correct
in order to facilitate payment to PayPal.
Members must provide a valid email
address when creating a Membership account with Nuuvy.com. Nuuvy.com is not
responsible for incomplete or inactive email addresses as submitted by a
Member. Nuuvy.com is not responsible for misdirected or unredeemed PayPal
payments. In the event that a Member's information is outdated or invalid at
the time of payment, the Member forfeits all accrued credits.
Nuuvy.com, in its sole discretion,
may terminate a member's password, account or use of or access to the
Refer-A-Friend program for any reason. If Nuuvy.com terminates a member's
participation in the Refer-A-Friend program, any accrued but unpaid earnings
will immediately be considered null and void. In this event, Nuuvy.com will not
be responsible to the member or any third party for any termination of the
member's access to the Refer-A-Friend program.
No substitution or transfer of a
PayPal payment is permitted without the written authorization of Nuuvy.com.
Nuuvy.com reserves the right to substitute PayPal payment for items of equal or
greater value in the event that the PayPal payment is unavailable.
All federal, state and local taxes
for any payments received by a Member, if any, are the sole responsibility of
the Member. Void where prohibited. Members should be aware that Nuuvy.com is
required to issue Form 1099s to Members who receive compensation in an amount
of $600 or greater in value in any given year. Nuuvy.com hereby, specifically,
declines to offer any tax advice to Members. If a member has not provided Nuuvy
the appropriate tax identification information, no payments above $599 will be
issued. Any undistributed amounts, accrued credits, or monies owed to members
that do not reach the $25 minimum threshold within any given year will be voided.
7. NuuvyMaker Program Terms of
Service
Nuuvy.com reserves the right to
modify, terminate or change the NuuvyMaker Program Terms and Conditions and any
promotion in its entirety, at any time, and for any reason. Nuuvy.com is not
responsible for the failed submission of videos to Nuuvy.com for any reason,
including technical failure by Nuuvy.com (e.g., browser time-out, server
failure, etc.). Nuuvy.com is not responsible for technical failure of any kind
to a Submitter or anyone else's computer due to participation in an Nuuvy.com
promotion or program. Any Submitter who uploads a video without complying with
these NuuvyMaker Terms and Conditions or who submits a video under fraudulent
or harmful circumstances may be disqualified from this and any future promotion
or program as well as be pursued for other legal remedies.
REFER-A-FRIEND TERMS AND CONDITIONS
These Refer-A-Friend Terms and
Conditions were last updated on June 1, 2007.
By participating in the NuuvyMaker
Refer-A-Friend Program ("Referral Program"), you acknowledge that you
have read, understood, and agree to be bound by these Refer-A-Friend Terms and
Conditions. These terms and conditions are in addition to the NuuvyMaker
Program Tems and Conditions you execute upon submitting a video to Nuuvy.com
and the Nuuvy.com General Terms and Conditions, each of which is incorporated
by reference herein.
Nuuvy.com will pay you five dollars
($5.00) for referring a new member to Nuuvy.com who subsequently submits a
qualifying video review within thirty (30) days to Nuuvy.com. All payments will
be made in accordance with Section 3 of the NuuvyMaker Program Terms and
Conditions. Additional restrictions may apply.
To be eligible to participate in the
Referral Program, you must have an active Nuuvy.com membership account and must
have already uploaded a video to Nuuvy.com pursuant to the NuuvyMaker Program
Terms and Conditions.
To receive a payment under the
Referral Program, at least one of your videos must have already published on
Nuuvy.com before the newly referred member's first video submission. The newly
referred member must have never previously submitted a qualifying video review
to Nuuvy.com. Referrals cannot be applied retroactively. Credits are only
available for referrals resulting in the first qualifying video review
submitted by a new member of Nuuvy.com who click on the registration link from
the referral email that you send to him or her. Existing members cannot refer
themselves under another username. The referred member must be an individual
with whom you have a pre-existing relationship. You may not obtain names for
referrals from group email addresses, third party bulk mailing lists, customer
lists, or other similar sources. If you send spam as determined in Nuuvy.com's
sole discretion, Nuuvy.com may immediately terminate your account and/or
participation in the Referral Program. Nuuvy.com reserves the right to
disqualify any member from the Refer-A-Friend program for any reason at any
time in Nuuvy.com's sole discretion. Members may be disqualified for failure to
comply with the Refer-A-Friend Terms and Conditions, the NuuvyMaker Program
Terms and Conditions, and/or Nuuvy.com's General Terms and Conditions. Members
may be disqualified for fraud or abuse relating to the accrual or redemption of
credits, for the misrepresentation of information furnished to Nuuvy.com or its
affiliates, or for any harmful or illegal activities as determined in the
discretion of Nuuvy.com. Members may be disqualified if Nuuvy.com suspects or
obtains evidence of electronic or non-electronic tampering with any portion of
the Referral-A-Friend Program or credits from Nuuvy.com, or the member causes a
computer virus, bugs, unauthorized interventions, or technical difficulties or
failures compromising, corrupting or affecting the administration, integrity,
security, fairness, or proper conduct of the Referral Program. The Referral
Program is subject to cancellation or change at any time in Nuuvy.com's sole
discretion without prior notice to you.
