Terms of Use

Terms of Use for visiting and using NightmarishWinter | Twitch Affiliate's website.

Table of Contents:

Ownership of Site; Agreement to Terms of Use
Ownership of Content
User Conduct; Use of this Website
Copyrights and Copyright Agents
Copyright and Trademark Guidelines Licence Agreement
Guidelines for linking to NightmarishWinter | Twitch Affiliate
Location
Violations and Additional Policies

1. Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the NightmarishWinter | Twitch Affiliate (“NightmarishWinter | Twitch Affiliate”) website (“Website”) located at https://www.nightmarishwinter.com is the property of NightmarishWinter | Twitch Affiliate. By using this Website, you agree to these Terms of Use. If you do not agree, do not use this Website.

NightmarishWinter | Twitch Affiliate reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes mean that you accept and agree to the changes. As long as you comply with these Terms of Use, NightmarishWinter | Twitch Affiliate grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Website.

2. Ownership of Content

NightmarishWinter | Twitch Affiliate website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, text, graphics, user interfaces, visual interfaces, directories, guides, photographs, illustrations, artwork, images, video and audio clips, sounds, music, and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents, the design, structure, selection, coordination, expression, "look and feel," arrangement of such Content, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) is owned by or licensed to NightmarishWinter | Twitch Affiliate or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.

Unless expressly permitted in writing by NightmarishWinter | Twitch Affiliate, you shall not capture, copy, reproduce, republish, perform, transfer, sell, license, modify, post, encode, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without NightmarishWinter | Twitch Affiliate’s express prior written consent.

Nothing contained in these Terms of Use or on NightmarishWinter | Twitch Affiliate's website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of NightmarishWinter | Twitch Affiliate or such third party that may own the Content or intellectual property displayed on this Website.

Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited. Any use of the Content other than as permitted by these Terms of Use constitutes a violation of these Terms of Use and may constitute copyright and/or patent infringement. You agree not to use the Content for any unlawful purposes and not to violate NightmarishWinter | Twitch Affiliate's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of this Website by other members, including without limitation by attempting to access administrative areas of this Website. You agree to report any violation of these Terms of Use by others that you become aware of. You are advised that NightmarishWinter | Twitch Affiliate aggressively enforces its rights to the fullest extent of the law. NightmarishWinter | Twitch Affiliate may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

You may use information on NightmarishWinter | Twitch Affiliate products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by NightmarishWinter | Twitch Affiliate for downloading from this Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

3. User Conduct; Use of this Website

Users agree that all the information posted or accessed is used only for informational or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this Website. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.

You may not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Website. NightmarishWinter | Twitch Affiliate reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this Website, or any other systems or networks connected to this Website, or to any NightmarishWinter | Twitch Affiliate server, or to any of the services offered on or through this Website, by hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of this Website or any network connected to this Website, nor breach the security or authentication measures on this Website or any network connected to this Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to this Website, to its source, or exploit this Website or any service or information made available or offered by or through this Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this Website.

You agree that you do not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or NightmarishWinter | Twitch Affiliate’s systems or networks, or any systems or networks connected to this Website or to NightmarishWinter | Twitch Affiliate.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any transaction being conducted on this Website, or with any other person’s use of this Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NightmarishWinter | Twitch Affiliate on or through this Website or any service offered on or through this Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use this Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NightmarishWinter | Twitch Affiliate or others.

4. Copyrights and Copyright Agents

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Website are the property of NightmarishWinter | Twitch Affiliate unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without NightmarishWinter | Twitch Affiliate's prior written permission. The use of NightmarishWinter | Twitch Affiliate's Marks on any other website is prohibited.

NightmarishWinter | Twitch Affiliate respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, NightmarishWinter | Twitch Affiliate has designated a Copyright Agent to receive notice of claims of copyright infringement on NightmarishWinter | Twitch Affiliate website. NightmarishWinter | Twitch Affiliate's Copyright Agent may be reached at 6dab60b3 @ opayq [.] com or mailed to The Davenports, Post Office Box 1983, Grass Valley, California 95945 Attention: Copyright Agent.

5. Copyright and Trademark Guidelines License Agreement

These guidelines are for NightmarishWinter | Twitch Affiliate licensees, authorized resellers, developers, customers, and other parties wishing to use NightmarishWinter | Twitch Affiliate's trademarks, service marks, or images in promotional, advertising, instructional, or reference materials, or on their websites. Use of NightmarishWinter | Twitch Affiliate's trademarks are prohibited, unless expressly authorized.

If you are a licensee of a NightmarishWinter | Twitch Affiliate trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If you were not officially given a license agreement, you have no authorization, rights, or permission to use NightmarishWinter | Twitch Affiliate's trademarks.

NightmarishWinter | Twitch Affiliate's trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a NightmarishWinter | Twitch Affiliate trademark, in whole or in part, you are acknowledging that NightmarishWinter | Twitch Affiliate is the sole owner of the trademark and promising that you do not interfere with NightmarishWinter | Twitch Affiliate’s rights in the trademark, including challenging NightmarishWinter | Twitch Affiliate’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you do not harm, misuse, or bring into disrepute any NightmarishWinter | Twitch Affiliate trademark. The goodwill derived from using any part of an NightmarishWinter | Twitch Affiliate trademark exclusively inures to the benefit of and belongs to NightmarishWinter | Twitch Affiliate. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

6. Guidelines for linking to NightmarishWinter | Twitch Affiliate

If a website would like to link to https://www.nightmarishwinter.com through use of a clickable NightmarishWinter | Twitch Affiliate logo, an Internet Link License Agreement must be signed. The agreement contains the following provisions:

The website linking to https://www.nightmarishwinter.com must use a ^® in conjunction with https://www.nightmarishwinter.com's service marks.
If the link is text based, the linking text must be one of the following:
1. <a href="https://www.nightmarishwinter.com" target="_blank" rel="noopener" title="NightmarishWinter | Twitch Affiliate"> NightmarishWinter | Twitch Affiliate</a>
2. <a href="https://www.nightmarishwinter.com" target="_blank" rel="noopener" title="NightmarishWinter | Twitch Affiliate - NightmarishWinter | Twitch Affiliate">NightmarishWinter | Twitch Affiliate - NightmarishWinter | Twitch Affiliate</a>
The link must be to https://www.nightmarishwinter.com. The link may use either the Link Logo, the words "geralddavenport.com" or the words "NightmarishWinter | Twitch Affiliate^®."
The marks may only be used as part of your Internet website and only in conjunction with an Internet link to https://www.nightmarishwinter.com.
Your website may not contain any content that (a) violates any law, statute, ordinance or regulation, (b) is defamatory, libelous, threatening or unlawfully harassing, or (c) is obscene, pornographic or indecent.
With the exception of the link, no text, data, or other information about any of the subsidiaries of the NightmarishWinter | Twitch Affiliate^® or their respective products or services may be posted on your website without the prior, written authorization of the NightmarishWinter | Twitch Affiliate^®. Any references to any subsidiaries of the NightmarishWinter | Twitch Affiliate^® or their respective products or services on the linking webpages must be accurate. The marks may not be used to disparage any of the subsidiaries of the NightmarishWinter | Twitch Affiliate^® or their respective products or services, or in connection with any products or services.
The Link Logo is a link to the NightmarishWinter | Twitch Affiliate^® website, not an endorsement of the linking website. You may not remove or alter any element of the Link Logo. The size, proportions, or colors of the Link Logo may not be altered, and the logo cannot be animated, morphed, or otherwise distorted.
NightmarishWinter | Twitch Affiliate's Link Logo must stand by itself and must include a minimum amount of 30 pixels of empty space around it so as to avoid associations with any other objects, including type, photography, borders, and edges.
NightmarishWinter | Twitch Affiliate's marks cannot be made more prominent than the linking website's own names and trademarks.
The following notice must be found on any webpage that includes any of the NightmarishWinter | Twitch Affiliate^®:
NightmarishWinter | Twitch Affiliate® logo is registered service mark of NightmarishWinter | Twitch Affiliate. Used by permission.

7. Location

NightmarishWinter | Twitch Affiliate operates this Website in the United States. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of this Website may be illegal is prohibited. If you access this Website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Use shall be construed and enforced in accordance with the laws of the State of California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and specifically is not governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms of Use and/or your use of this Website must be filed in the County of Nevada, City of Grass Valley, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the County of Nevada, City of Nevada City, State of California for any cause of action relating to or arising under these Terms of Use or this Website.

8. Violations and Additional Policies

NightmarishWinter | Twitch Affiliate determines your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of this Website and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of NightmarishWinter | Twitch Affiliate. NightmarishWinter | Twitch Affiliate reserves the right to modify or discontinue this Website, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to this Website, or upon demand by NightmarishWinter | Twitch Affiliate, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that NightmarishWinter | Twitch Affiliate aggressively enforces its rights to the fullest extent of the law. NightmarishWinter | Twitch Affiliate, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of this Website; (ii) acting in violation of these Terms of Use; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass NightmarishWinter | Twitch Affiliate its representatives or any other individual in any manner related to this Website.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of these Terms of Use, which remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.