The Nibbana.net web site is made up of various web pages operated by Charles D. Nibbana. This Terms of Use agreement applies to the Nibbana.net web site and does not apply to the content of third parties. The Nibbana.net web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Nibbana.net constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Nibbana.net web page included within the Nibbana.net site may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Click on the link below for the terms and conditions that govern the use of these additional Nibbana.net areas and/or services:
See our Privacy Statement for disclosures relating to the collection and use of your personal information.
Nibbana.net reserves the right to change the terms, conditions, and notices under which the Nibbana.net site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Nibbana.net. Your continued use of Nibbana.net constitutes your agreement to all such terms, conditions, and notices.
Unless otherwise specified, the Nibbana.net site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Nibbana.net site. Without the advance express written permission of Nibbana.net, you may not “meta-search” the Nibbana.net site, send, or cause to be sent, any automated queries of any sort to the Nibbana.net, or use the Nibbana.net site in any commercial manner.
As a condition of your use of the Nibbana.net site, you will not use the Nibbana.net site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Nibbana.net site in any manner that could damage, disable, overburden, or impair any Nibbana.net site(s) (or the network(s) connected to any Nibbana.net site(s)) or interfere with any other party’s use and enjoyment of the Nibbana.net site. You may not attempt to gain unauthorized access to any Nibbana.net site, other accounts, computer systems or networks connected to any Nibbana.net site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Nibbana.net site.
Nibbana.net does not claim ownership of the materials you provide to Nibbana.net (including feedback and suggestions) or post, upload, input or submit to any Nibbana.net site or its associated services for review by the general public, or by the members of any public or private group, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Nibbana.net necessary sublicenses to use your Submission in connection with Nibbana.net, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to others.
No compensation will be paid with respect to the use of your Submission, as provided herein. Nibbana.net is under no obligation to post or use any Submission you may provide and Nibbana.net may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Nibbana.net makes no warranty that any portion of the Nibbana.net site will be uninterrupted, timely, secure, or error-free.
News, Stock Quotes, and Other Information provided by 3rd Party Content Providers
News content appearing on Nibbana.net is provided by AP, Reuters, and E! Online. Nibbana.net does not warrant the accuracy or content of these news reports.
Stock quotes appearing on Nibbana.net are supplied by Bigcharts.com and Redinews.com. Unless otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated as “real-time quotes” are made available without delay following their receipt from Bigcharts.com and Redinews.com. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes.
Stock quotes are believed to be accurate and timely (subject to the aforementioned delays), but Nibbana.net and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stock broker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions. Nibbana.net and its suppliers do not authorize the use of stock quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
All other 3rd Party content including but not limited to Dictionary, Driving Directions, Horoscopes, Movie Listings, TV Listings, Sports Scores, and Weather are the property of their respective owners and Nibbana.net does not warrant the accuracy or content of any of this 3rd Party information.
All web log postings, materials, photos, and other content posted on the Nibbana.net About Me page is for entertainment purposes only and does not necessarily reflect the views of Charles D. Nibbana. Part or parts of the About Me page may be fictitious and are represented without warranty. This includes but is not limited to the Hobbies pages; cars, computers, mountain biking, music, rollerblading, skiing, target shooting, and travel.
Information found in the Nibbana.net Contact Us page is available only to provide direct communication between the end user and The Nibbana Family. Usage of this information for any other purpose other than lawful communication with The Nibbana Family members is forbidden. This includes but is not limited to distribution of e-mail address(es) and telephone numbers, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Acceptable Use Policy
Considering the real-time nature of the Nibbana.net Chat Room, it is impossible for us to review all messages or confirm the validity of posted information. Through your use of this service, you agree that you will not use the Nibbana.net Chat Room to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law.
The Nibbana.net Chat Room is designed to enable you to communicate with others. You agree to use the Nibbana.net Chat Room only to post, send and receive messages and material that are proper and, when applicable, related to the particular subject area.
Nibbana.net has no obligation to monitor the Chat Room. However, Nibbana.net reserves the right to review materials posted within the Chat Room and to remove any materials in its sole discretion. Nibbana.net reserves the right to terminate your access to the Chat Room at any time, without notice, for any reason whatsoever.
Nibbana.net reserves the right at all times to disclose any information as Nibbana.net deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nibbana.net’s sole discretion.
Always use caution when giving out any personally identifiable information in the Chat Room. Nibbana.net does not control or endorse the content, messages or information found in the Chat Room and, therefore, Nibbana.net specifically disclaims any liability with regard to the Chat Room and any actions resulting from your participation. Managers and hosts are not authorized Nibbana.net spokespersons, and their views do not necessarily reflect those of Nibbana.net.
Member Account, Password, and Security
In order to actively participate in the Nibbana.net Forum, you must open an account and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Nibbana.net Forum Admin immediately of any unauthorized use of your account or any other breach of security. Nibbana.net will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nibbana.net or another party due to someone else using your account or password.
Acceptable Use Policy
By way of example, and not as a limitation, you agree that when using the Nibbana.net Forum, you will not:
Images, Photographs, and Pictures
In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Pictures”), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Nibbana.net site, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a picture, you are granting (a) to all members of your private group (for each such Picture available to members of such private group), (b) to the general public (for each such Picture available anywhere on the Nibbana.net site, other than a private group), and/or (c) to any person with whom you share Pictures through e-mail using the Nibbana.net site, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any Nibbana.net site, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such Nibbana.net site. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the Nibbana.net site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.”
Nibbana.net reserves the right, in its sole discretion, to terminate your access to the Nibbana.net Forum and the related services or any portion thereof at any time, without notice. Nibbana.net may also terminate or suspend your access to the Nibbana.net Forum for inactivity. Nibbana.net shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
The Nibbana.net site may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Nibbana.net and Nibbana.net is 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. Nibbana.net is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Nibbana.net responsible if the Linked Site is not working appropriately. Nibbana.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nibbana.net of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Nibbana.net sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Nibbana.net shall not be responsible or liable for any part of any such dealings or promotions.
Software and Content Available Through Nibbana.net
All content and software that is made available to view and/or download in connection with the Nibbana.net site, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is the property of its respective owner and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Nibbana.net hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Nibbana.net site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecutedto the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
In order to access the Nibbana.net FTP Preferred Access Area you must have a pre-assigned username and password provided to you by the Nibbana.net site owner for your personal usage. Authentication is required to enter the Nibbana.net Preferred Access Area and by entering into these areas you abide by the following terms and conditions:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NIBBANA.NET SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NIBBANA.NET SITE AND TO THE INFORMATION THEREIN. NIBBANA.NET MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NIBBANA.NET SITE AT ANY TIME. ADVICE RECEIVED VIA THE NIBBANA.NET SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE OWNER OF NIBBANA.NET MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE NIBBANA.NET SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NIBBANA.NET HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT NIBBANA.NET SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN NIBBANA.NET SITE. YOU SPECIFICALLY AGREE THAT NIBBANA.NET IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NIBBANA.NET IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A NIBBANA.NET SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL NIBBANA.NET BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NIBBANA.NET SITE, WITH THE DELAY OR INABILITY TO USE THE NIBBANA.NET SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NIBBANA.NET SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NIBBANA.NET SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NIBBANA.NET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NIBBANA.NET SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NIBBANA.NET SITE.