By visiting NeversinkProductions.com, you are consenting to our Terms and Conditions.
The following terms and conditions govern all use of the NeversinkProductions.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Neversink Productions, LLC (“Neversink Productions”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Neversink Productions’ Privacy Policy) and procedures that may be published from time to time on this site by Neversink Productions (collectively, the “Agreement”).
Overview
All content provided on the Website is for informational purposes only. Neversink Productions makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. Neversink Productions will not be liable for any errors or omissions in this information nor for the availability of this information. Neversink Productions will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at
Responsibility of Contributors
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses
and effects of the materials, whether requested to do so by Neversink Productions or otherwise.
By submitting Content to Neversink Productions for inclusion on your website, you grant Neversink Productions a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Neversink Productions will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Neversink Productions has the right (though not the obligation) to, in Neversink Productions’ sole discretion (i) refuse or remove any content that, in Neversink Productions’ reasonable opinion, violates any Neversink Productions policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Neversink Productions’ sole discretion. Neversink Productions will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Neversink Productions has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Neversink Production does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Neversink Productions disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which NeversinkProductions.com links, and that link to NeversinkProductions.com. Neversink Productions does not have any control over those non-Neversink Productions websites and webpages and is not responsible for their contents or their use. By linking to a non-Neversink Productions website or webpage, Neversink Productions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Neversink Productions disclaims any responsibility for any harm resulting from your use of non-Neversink Productions websites and webpages.
Copyright Infringement and DMCA Policy
As Neversink Productions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NeversinkProductions.com violates your copyright, you are encouraged to notify Neversink Productions in accordance with the Digital Millennium Copyright Act (“DMCA”). Neversink Productions will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Neversink Productions will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Neversink Productions or others. In the case of such termination, Neversink Productions will have no obligation to provide a refund of any amounts previously paid to Neversink Productions.
Intellectual Property. This Agreement does not transfer from Neversink Productions to you any Neversink Productions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Neversink Productions. Neversink Productions, LLC, NeversinkProductions.com, the NeversinkProductions.com logo, and all other trademarks, service marks, graphics and logos used in connection with NeversinkProductions.com, or the Website are trademarks or registered trademarks of Neversink Productions or Neversink Productions’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Neversink Productions or third-party trademarks.
Advertisements
Neversink Productions reserves the right to display advertisements on your content.
Changes
Neversink Productions reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Neversink Productions may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Neversink Productions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your NeversinkProductions.com account (if you have one), you may simply discontinue using the Website.
Disclaimer of Warranties
The Website is provided “as is”. Neversink Productions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Neversink Productions nor its suppliers and licensors
Limitation of Liability
In no event will Neversink Productions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Neversink Productions under this agreement during the twelve (12) month period prior to the cause of action. Neversink Productions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Neversink Productions Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Neversink Productions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Neversink Productions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Neversink Productions, or by the posting by Neversink Productions of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sullivan County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Neversink, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Neversink Productions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Updated: April 2019