General Notice for use of Nem5 Web Site, Design, Graphics, Photography, Artwork & LiteratureAll links leaving this web site will open a new browser window.
Ownership
Nem5 is owned by Maggi Norris, P.O. Box 6526, Bloomington IN 47407, phone (812) 339-4500, email
. Nem5 has the right at any time to change or discontinue any aspect or feature of Nem5, including, without limitation, the content, hours of availability, and equipment needed for access or use of Nem5. Nem5 and Maggi Norris will be considered the same entity for information stated or implied on this or any other source of Nem5 Information Source.
Graphics, photography, artwork and literature displayed on Nem5 websites may not be downloaded and/or used by any website, organization, individual, nonprofit or business entity for any reason in any format whatsoever, hardcopy print or online, without the express written consent of Nem5 (Maggi Norris) and/or the original author/artist of the individual work.
The only exception to this are the images made exclusively for Nem5 Graphics. Nem5 Graphics images are made for personal use only and may be used only as part of individual website designs for personal pages or desktop wallpaper on personal home computers. Permission for corporate or business use of these images in any way is denied. Nem5 Graphics images may not be included as part of a download offering to others in any form or used in any format, including harcopy print, other than exactly stated within this notice. Nem5 Graphics images may not be used to generate profit in any manner. Nem5 Graphics images must be accompanied by a link to http://www.nem5.com, this link must be included as part of the page where the work is used and be easily visible to all viewers.
Bandwidth
All Nem5 Graphics images used by any website other than Nem5 must be downloaded to the site where the image is to be used. Placing a link on another site or page to a graphic on Nem5 Graphics site to have the image show as part of any other site or page's layout is considered bandwidth piracy and is against the law.
(Example: Oti's server only gives Oti 1 meg of space for Oti's web site. Oti wants a graphic from Nem5 Graphics on Oti's site. The files Oti has already used make the site go over Oti's alloted space of one meg with Oti's server. Oti decides to link to the image on Nem5's site instead of downloading it and placing it on Oti's own space. Oti now has a lovely background on Oti's page without taking up any space on Oti's own server. Nem5 is now paying extra server fees because Oti is stealing Nem5's bandwidth without Oti paying for it. Nem5 has two choices... Nem5 Graphics is a free service and can't afford the extra bandwidth charges so Nem5 can either...
1. Shut down Nem5 Graphics so that no one can enjoy this service, or...
2. Oti gets Oti's site shut down for bandwidth piracy and if Oti's offenses
are many, Oti may even get to go to jail.
Instead of all that trouble, Oti could have gone and gotten Oti space for Oti's website for free and linked to the graphic there.)Unless otherwise noted on the page of the work all graphics, photography, artwork and literature are the work of Nem5.
For information about using images and literature covered by copyright laws for any purpose covered/not covered in this notice or to have images/literature made expressly for you or your business, please email Nem5 at:
Privacy Policy
For each visitor to our Web page, our Web server automatically recognizes only the visitor's domain name, but not the e-mail address (whenever possible).
Nem5 respects and endeavors to protect the privacy rights of its readers. We collect no information on visitors who access our Web pages. Any information we do collect is used for internal review and is then discarded, used to improve the content of our Web pages, used to customize the content and/or layout of our pages for each individual visitor, used to notify visitors about updates to our Web site, used by us to contact visitors for quality assurance purposes or sale of Nem5 Merchandise and is not shared with other organizations for any purpose.Only individuals who expressly go to the sign in page and personally input information will receive a Newsletter. The information received from this sign in is used for internal review and is then discarded, used to improve the content of our Web pages, used to customize the content and/or layout of our pages for each individual visitor, used to notify visitors about updates to our Web site, used by us to contact visitors for quality assurance purposes or sale of Nem5 Merchandise and is not shared with other organizations for any purpose.
No personal information taken in any way at Nem5 will be passed on to any third party for any reason. Any information placed into the guestbooks for this site is done so at your own risk. If you do not wish the information to be seen by anyone else, please do not use the guestbook.
If you give personal information and wish that information to be passed on to another, you must do this yourself.
There will be no direct correspondence with minors from this site without parental permission and presence.
Cookies.
Whenever possible, Nem5 does not use or set cookies. However, this site uses technologies of third parties that do incorporate the use of cookies for functional and other purposes. Before adopting a third party's technology, we examine their privacy policy for provisions that may not protect our readers' privacy rights adequately. However, we have no control over their use of cookies and cannot monitor or assume responsibility for future chages in their privacy policies.
Children.
No form should be filled out by any child without first getting permission by his or her parent or legal guardian, this includes guestbooks, forums, chats, award applications, forms and any other source taking information from the Nem5 website.. We encourage parents to be with their child(ren) on the Internet and to supervise their child(ren) when submitting any information over the Internet.User Guidelines
Use of Nem5 is restricted to lawful activities only. No material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, may be transferred or used at Nem5, Nem5 Mail, Nem5 Communities (Chats, Message Boards & Forums), Nem5 Forms & Guestbook or any other part of Nem5, its affiliates, third party content providers or licensors. Any illegal activities, spamming or other offensive activity will be cause for denial of membership and use of all Nem5 activities, its affiliates, third party content providers or licensors activities or memberships.
Any conduct by a User, that at Nem5 sole discretion, restricts or inhibits any other user from using or enjoying Nem5 will not be permitted. Without Nem5, Maggi Norris, express written approval, User shall not post or transmit through Nem5 any material which contains advertising or any solicitation with respect to products or Free Stuff
Warranty
User expressly agrees that use of Nem5 is at User's sole risk. Neither Nem5, their affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that Nem5 will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Nem5, or as to the accuracy or reliability of any information, service or merchandise provided through Nem5.
Nem5 is provided on an "as is" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of Nem5.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Nem5 and Nem5 Merchandise, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that Nem5, their affiliates, any of their respective employees, agents, third-party content providers or licensors are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
In no event will Nem5 or any person or entity involved in creating, producing or distributing Nem5, the content included therein or Nem5 Merchandise be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use Nem5 or Nem5 Merchandise. You hereby acknowledge that the provisions of this section shall apply to all use of and content on Nem5. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Nem5 total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing Nem5 or purchasing Nem5 Merchandise.Disclaimer
All content, graphics, designs and photos used on this website are the work of Maggi Norris, except advertisement banners for other websites or products not made by Nem5 or Nem5 or unless otherwise noted on the page the content, graphics, design or photos are used. All content, graphics, photos and designs (except advertisement banners for other sites and products, or unless otherwise noted on the page the content, graphics, designs or photos are used) on this site are copyrighted by Nem5/Nem5 with all rights withheld and may not be downloaded or used for any reason without express written consent from the copyright holder.
All award graphics on Nem5 are copyrighted by the respective Award Program and may not be downloaded or used for any reason without express written consent of the copyright holder.
While it is impossible to stop any real thief from right-clicking and stealing the work off websites, part of the purpose of the statement guidelines of use on this site is to help new-comers to the internet who may not understand that what they do when they take images, literature or other work on a website without permission of the author/artist is considered theft and is punishable by fines and imprisonment. Any site that has permission to use the work on Nem5 will have a link to the site that has permission listed on nem5.com. Any site using the work without a link to nem5.com does so illegally. Any person/website using any work from this website without permission agrees to pay $500.00 for each individual work (ie: 1 image or 1 poem or 1 short story) to Maggi Norris plus $500.00 to the original artist/author of the work, if not Maggi Norris, plus any fees recognized as the fine for copyright infringement. If the work is changed in any way the user agrees to pay $5,000.00 to Maggi Norris plus $5,000.00 to the original artist/author of the work plus any fees recognized as the fine for copyright infringement per individual work taken from this website per instance of change to the work. This payment does not grant any rights of the copyright to the person who took the work without permission. Stated payment will be considered compensation for the illegal temporary use of the copyrighted work. If an agreement for future use is not agreed upon by Maggi Norris/Nem5, the original author/artist of the work and the person who took the work, the time for use ends upon discovery of its unauthorized use. On the date of discovery a notice will be sent to the contact email of the site using/showing the unauthorized Nem5 work. Any use after that date shows agreement to pay charges of $500.00 plus $500.00 to each individual owner of work Nem5 does not hold copyright to per week for each individual work plus any and all fees incurred due to prosecution or other methods of stopping unauthorized use including any and all legal fees and/or court costs incurred due to improper use.
Appreciation
Appreciation for assistance with this page goes to Mic at The Beeline.
Most of this page was created using his work as a guideline.
Thank you, Mic.
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