Welcome to the Norry.com website, a website owned and operated by Norry Management Corporation. Norry.com, and any products or services made available through Norry.com, are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Norry.com, and any products or services made available through Norry.com, constitutes your agreement to all such terms, conditions, and notices.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Norry.com, you warrant to us that you will not use Norry.com, or any products or services being made available through Norry.com, for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use Norry.com in any manner that could damage, disable, overburden, or impair Norry.com or interfere with any other party’s use and enjoyment of Norry.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Norry.com. You are prohibited from posting on or transmitting through Norry.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Norry.com reserves the right to prohibit or restrict conduct, communication, or content that Norry.com deems in its sole discretion to be harmful to its users or Norry.com
When you visit Norry.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our suppliers and protected by U.S. and international copyright laws. The compilation of all content on this site is our exclusive property and protected by U.S. and international copyright laws. All software used on this site is our property or the property of our suppliers and protected by U.S. and international copyright laws.
NORRY, NORRY.COM, NORRY MANAGEMENT, and other trademarks or servicemarks displayed or used on or through Norry.com are trademarks or service marks of Norry Management Corporation, its affiliates, subsidiaries, suppliers, and licensors. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Norry.com, its subsidiaries, affiliates, suppliers, and licensors appearing on or through Norry.com may not be used without the prior written consent of Norry.com, its affiliates, subsidiaries, suppliers, and licensors, as the case may be. Without limiting the foregoing, you may not use our trademarks or trade dress in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Norry.com.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our affiliates, suppliers, and licensors without express written consent. You may not use any meta tags or any other "hidden text" utilizing the NORRY name or our other trademarks without our express written consent. Any unauthorized use terminates the permission or license grant herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Norry.com so long as the link does not portray us, Norry.com, or our affiliates, affiliates, suppliers, and licensors in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Norry.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
LINKS TO THIRD PARTY SITES
Norry.com may contain links to other web sites (“Linked sites”). The Linked sites are not under our control and we are not responsible for the contents of any Linked site, including without limitation, any link contained in a Linked site, or any changes or updates to a Linked site. We are not responsible for Webcasting or any other form of transmission received from any Linked site. We may provide these links to you from time to time only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
If, as part of your use of Norry.com, you desire to upload to or otherwise submit to Norry.com for distribution on the site ideas, suggestions, or other information, materials, or content (“Content”), you may do so only if the Content being submitted (i) is not subject to any copyright or other proprietary rights restrictions; (ii) is owned by you or you have a proper license from the licensor to make such submission for distribution on Norry.com; and (iii) does not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Norry.com is entitled to presume that all submitted Content conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to personal liability for damages in a civil suit as well as criminal prosecution. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content. We will not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any submission by you, including without limitation, submission of Harmful Content. In accordance with our copyright policy, you or any other person can report an infringement to us at http://www.norry.com (please follow link at bottom of home page to “copyright policy”). By submitting Content you automatically grant us, or represent and warrant that the owner or authorized licensor of such Content has expressly granted us, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to Norry.com retains any and all rights which may exist in such Content.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from Norry.com to either a foreign national or a foreign destination in violation of such laws and regulations.
TERMINATION OF USAGE
We may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of Norry.com including any account thereon, without notice, for any reason in our sole discretion, including without limitation, our belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, us, our affiliates, suppliers, or licensors, or another user.
You agree to indemnify and hold us, and our affiliates, suppliers, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Use or your violation of any law or the rights of a third party.
DISCLAIMERS AND LIMITATION OF LIABILITY
NORRY.COM IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE, AND OUR affiliates, suppliers, and licensors DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT, AND OUR affiliates, suppliers, and licensors DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF NORRY.COM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED THEREON; (II) THAT NORRY.COM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, OR CONTENT PROVIDED ON OR THROUGH NORRY.COM; OR (IV) THAT NORRY.COM, ITS SERVERS, OR E-MAILS SENT FROM OR ON OUR BEHALF ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO NORRY.COM OR ANY RELATED SERVICES. THE OPERATION OF NORRY.COM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR affiliates, suppliers, and licensors BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE TNORRY.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A YOU ON ANY INFORMATION OBTAINED FROM NORRY.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NORRY.COM'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH NORRY.COM.
WE AND OUR affiliates, suppliers, and licensors WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF NORRY.COM, EVEN IF WE OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH YOU, AND SUCH YOU MAY HAVE ADDITIONAL RIGHTS.
You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of these Terms and Conditions of Use or your use of Norry.com.
Our performance is subject to existing laws and legal process, and nothing contained in these Terms and Conditions of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of Norry.com or information provided to or gathered by us with respect to such use.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
APPLICABLE LAW; JURISDICTION
The laws of the State of New York will govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws.
You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms and Conditions of Use resides in the federal and state courts located in Monroe County, New York. You further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or Norry.com. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right to make changes to these Terms and Conditions of Use at any time without notice.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement at http://www.norry.com (please follow link at bottom of page to “copyright policy.”
These Terms and Conditions of Use were last revised December 10, 2005.