Terms Of Service

The following Terms and Conditions govern all use of Nick Murphy Org (“NM”, “Our”, “We”) website and all content, services, and products available at or through the website, (taken together, our Services). Our Services are 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, NM’s Privacy Policy) and procedures that may be published from time to time by NM (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using this website. By accessing or using any part of the website, you agree to become bound by the Terms and Conditions of this agreement. If you do not agree to all the Terms and Conditions of this agreement, then you may not access this website or use the content published. If these Terms and Conditions are considered an offer by NM, acceptance is expressly limited to these Terms.

Visitors who are under the age of 13 must receive consent from a parent or legal guardian before using this website. Any person who logs in as a WordPress user or provides their personal information to our Services represents that they are 13 years of age or older. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

WordPress Account and Comments

If you sign in on NickMurphy.org, you are responsible for maintaining the security of your account and personal information, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with this website. You must immediately notify the site admin of any unauthorized uses of this website or breaches in security. NM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate an account on NickMurphy.org, post material to NickMurphy.org, post links on NickMurphy.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that content or your conduct. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code. By using NickMurphy.org, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. NickMurphy.org has the right (though not the obligation) to, in NM’s sole discretion (i) refuse or remove any content that, in NM’s reasonable opinion, violates any NickMurphy.org policy or is in any way harmful or objectionable or (ii) terminate or deny access to and use of NickMurphy.org to any individual or entity for any reason. When using NickMurphy.org, you agree not to:

  • Engage in activity that is illegal under applicable law.
  • Copy the tracking code to create false hits from another domain.
  • Exploit or disclose the sensitive personal information of others.
  • Interfere with, disrupt, or attack the service or network.
  • Inject code that is or enables malware, spyware, adware, or other malicious wares.

Responsibility of Visitors.

NM has not reviewed, and cannot review, all of the material, including website links, posted to NickMurphy.org, and cannot therefore be responsible for that material’s content, use or effects. By visiting NickMurphy.org, NM 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. NickMurphy.org may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. NickMurphy.org 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. NM disclaims any responsibility for any harm resulting from the use by visitors of NickMurphy.org, 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 NickMurphy.org links, and that link to NickMurphy.org. NM does not have any control over those websites, and is not responsible for their contents or their use. By linking to an external website, NM does not represent or imply that it endorses such website. 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. NM disclaims any responsibility for any harm resulting from your use of non-NickMurphy.org websites and webpages.

Intellectual Property.

This Agreement does not transfer from NM to you any NM or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with NM. The NM logo, and all other trademarks, service marks, graphics and logos used in connection with NickMurphy.org, are trademarks or registered trademarks of NM or NM licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of this website grants you no right or license to reproduce or otherwise use any NM or third-party trademarks.

Changes.

NM reserves the right (at it’s sole discretion) to change or modify these Terms at any time without notice. It is up to you as the user, to regularly review these Terms for changes. If you disagree with our changes, then you should leave this website immediately. Your continued use of NickMurphy.org will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Disclaimer of Warranties.

NickMurphy.org is provided “as is.” NM 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 NM nor it’s suppliers and licensors, makes any warranty that NickMurphy.org will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Limitation of Liability.

In no event will NM, 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 NM under this agreement during the twelve (12) month period prior to the cause of action. NM 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.

Code Samples

All code samples published on NM are under an open source MIT License. Please read this license carefully before using code samples published on NM in your projects.

General Representation and Warranty.

You represent and warrant that (i) your use of NickMurphy.org will be in strict accordance with the NM 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 NickMurphy.org will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless NM, 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 NickMurphy.org, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between NM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NM, or by the posting by NM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of NickMurphy.org will be governed by the laws of the state of Missouri, U.S.A. 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; NM 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.

These Terms were adapted from WordPress’ Terms with changes made for NM. The WordPress Terms are distributed under a Creative Commons Share Alike License.