ATTENTION: BY USING
THIS WEBSITE ("Meetnepali.com, also referred to as SITE or MeetNepali"),
YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE. IF YOU
DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS SITE.
THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT,
DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT NixBin
LLC ("NixBin") MAY MAKE AVAILABLE THROUGH THE SITE
(COLLECTIVELY, "MATERIALS") AND ANY SERVICES THAT NIXBIN MAY PROVIDE THROUGH
THE SITE (COLLECTIVELY, "SERVICES"). THE SITE, MATERIALS, AND SERVICES ARE
REFERRED TO IN THESE TERMS OF USE COLLECTIVELY AS THE "NIXBIN WEBSITES."
Your use of the NIXBIN
Websites forms a legal agreement between you and NIXBIN and is subject to the
terms of that agreement as stated in these Terms of Use. You acknowledge and
agree that NIXBIN may stop (permanently or temporarily) providing the NIXBIN
Websites to you or to users generally, at NIXBIN's sole discretion, without
prior notice to you. You may stop using the the NIXBIN
Websites at any time. You do not need to specifically inform NIXBIN when you
stop using the NIXBIN Websites. In order to access certain Materials or
Services, you may be required to provide information about yourself (such as
identification or contact details) as part of the registration process for the
Service, or as part of your continued use of the Services. You agree that any
registration information you give to NIXBIN will always be accurate, correct
and up to date.
Content of, and/or
opinions expressed on, the NIXBIN Websites and in any corresponding comments
are the personal opinions of the original authors, not of NIXBIN. The content
is provided for informational purposes only and is not meant to be an
endorsement or representation by NIXBIN or any other party. You understand that
all information (such as data files, written text, computer software, music,
audio files or other sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the NIXBIN Websites are the
sole responsibility of the person from which such content originated. You
understand and acknowledge that the NIXBIN Websites may be protected by intellectual
property rights which are owned by NIXBIN or by other entities. You may not
modify, rent, lease, loan, sell, distribute or create derivative works based on
the NIXBIN Websites, either in whole or in part, unless you have been
specifically told that you may do so by NIXBIN or by the owners of rights to
content of the NIXBIN Websites, in a separate agreement.
Use of NIXBIN Websites
NIXBIN authorizes you
to use the NIXBIN Websites only for your own personal, non-commercial purposes.
Use of the NIXBIN Websites for any public or commercial
purpose (including, without limitation, on another site or through a networked
computer environment) without an express written agreement with NIXBIN is
strictly prohibited. If you make copies of any of the Materials, you
must retain on any such copies all copyright and other proprietary notices
contained in the original Materials. You may not modify, publicly display,
publicly perform, or distribute the Materials. As between you and NIXBIN, NIXBIN
owns the NIXBIN Websites. The NIXBIN Websites are protected under United States
and international copyright laws. Any unauthorized use of the NIXBIN Websites
may violate copyright, trademark, and other laws.
You agree to use the NIXBIN
Websites only for purposes that are permitted by (a) the Terms of Use and (b) any
applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions. You agree not to access (or attempt to access) any of
the NIXBIN Websites by any means other than through the interface that is
provided by NIXBIN, unless you have been specifically allowed to do so in a
separate agreement with NIXBIN. You specifically agree not to access (or
attempt to access) any of the NIXBIN Websites through any automated means
(including use of scripts or web crawlers). You agree that you will not engage
in any activity that interferes with or disrupts the Services (or the servers
and networks which are connected to the Services). Unless you have been
specifically permitted to do so in a separate agreement with NIXBIN, you agree
that you will not reproduce, duplicate, copy, sell, trade or resell the
Materials or Services for any purpose. You agree that you are solely
responsible for (and that NIXBIN has no responsibility to you or to any third
party for) any breach of your obligations under the Terms of Use and for the
consequences (including any loss or damage which NIXBIN may suffer) of any such
breach.
NIXBIN reserves the
right (but shall have no obligation) to pre-screen, review, flag, filter,
modify, refuse or remove any or all content from the NIXBIN Websites.
Access
You are responsible
for obtaining and maintaining all equipment and services needed for access to
and use of the NIXBIN Websites. You are responsible for maintaining the
confidentiality of your NIXBIN Websites password and you are solely responsible
for all activities that occur under your password. You agree to notify NIXBIN
immediately of any unauthorized use of your password or any other breach of
security related to the NIXBIN Websites. NIXBIN reserves the right to require
you to change your password if NIXBIN believes that your password no longer is
secure.
Prohibited uses
You agree not to use
the NIXBIN Websites (a) in a manner that violates any local, state, national,
foreign, or international statute, regulation, rule, order, treaty, or other
law; (b) to stalk, harass, or harm another individual; (c) to impersonate any
person or entity or otherwise misrepresent your affiliation with a person or
entity; or (d) to interfere with or disrupt the NIXBIN Websites or servers or
networks connected to the NIXBIN Websites. You further agree not to (1) use any
data mining, robots, or similar data gathering or extraction methods in
connection with the NIXBIN Websites; or (2) attempt to gain unauthorized access
to any portion of the NIXBIN Websites or any other accounts, computer systems,
or networks connected to the NIXBIN Websites, whether through hacking, password
mining, or any other means.
Termination
NIXBIN may terminate,
suspend, or modify your registration with, or access to, all or part of the NIXBIN
Websites, without notice, at any time and for any reason. You may discontinue
your participation in and access to the NIXBIN Websites at any time. If you
breach any of these Terms of Use, your authorization to use the NIXBIN Websites
automatically terminates and you agree to immediately destroy any downloaded or
printed content obtained from the NIXBIN Websites (and any copies thereof).
Disclaimers
THE NIXBIN WEBSITES
ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE NIXBIN WEBSITES IS WITH YOU, INCLUDING, WITHOUT
LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE,
AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND
NOT NIXBIN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. NIXBIN
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, WITH RESPECT TO THE NIXBIN WEBSITES (INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NIXBIN MAKES NO
WARRANTY THAT THE NIXBIN WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE NIXBIN
WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS
IN THE NIXBIN WEBSITES WILL BE CORRECTED. NIXBIN MAKES NO WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NIXBIN WEBSITES OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NIXBIN
WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
THROUGH THE NIXBIN WEBSITES OR FROM NIXBIN, ITS PARENTS, SUBSIDIARIES, OR OTHER
AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE NIXBIN
PARTIES") SHALL CREATE ANY WARRANTY. NIXBIN DISCLAIMS ALL EQUITABLE
INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY
OF THE NIXBIN PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE
HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE,
BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN
CONNECTION WITH THE NIXBIN WEBSITES (INCLUDING, WITHOUT LIMITATION, USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THE NIXBIN WEBSITES), WHETHER SUCH
DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL
THEORY AND EVEN IF ANY NIXBIN PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF
THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and
limitations
Some jurisdictions do
not allow the exclusion of certain warranties or the limitation or exclusion of
liability for certain damages. Accordingly, some of the above disclaimers and
limitations of liability may not apply to you. To the extent that any NIXBIN Party
may not, as a matter of applicable law, disclaim any implied warranty or limit
its liabilities, the scope and duration of such warranty and the extent of the NIXBIN
Party's liability shall be the minimum permitted under such applicable law.
Modifications to NIXBIN
Websites
NIXBIN reserves the
right to modify, suspend, or discontinue the NIXBIN Websites at any time
without notice to you.
Mobile
and Other Devices
We currently
provide our mobile services for free, but please be aware that your carrier's
normal rates and fees, such as text messaging and data charges, will still
apply. You provide consent and all rights necessary to enable users to sync
(including through an application) their devices with any information that is
visible to them on Meetnepali.
Advertisements
and Commercial Content
Our goal is to deliver advertising and other
commercial or sponsored content that is valuable to our users and advertisers.
In order to help us do that, you agree to the following:
You give us permission to use your name,
profile picture, content, and information in connection with commercial,
sponsored, or related content (such as a brand you like) served or enhanced by
us. This means, for example, that you permit a business or other entity to pay
us to display your name and/or profile picture with your content or information,
without any compensation to you. If you have selected a specific audience for
your content or information, we will respect your choice when we use it.
We do not give your content or information to
advertisers without your consent.
You understand that we may not always identify
paid services and communications as such.
User submissions
Certain areas of the NIXBIN
Websites may permit you to submit feedback, information, data, text, software,
music, sound, photographs, graphics, video, messages, or other materials (each,
a "User Submission"). By submitting a User Submission; whether blog posts
contributed via RSS, blog posts written directly on the site, or comments, the
contributor agrees to give NIXBIN a perpetual, non-exclusive license to the
content that NIXBIN publishes; you grant to NIXBIN an irrevocable, perpetual,
transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform, and
publicly display your User Submissions (or any modification thereto), in whole
or in part, in any format or medium now known or later developed and (b) use
(and permit others to use) your User Submission in any manner and for any
purpose (including, without limitation, commercial purposes) that NIXBIN deems
appropriate in its sole discretion (including, without limitation, to
incorporate your User Submission or any modification thereto, in whole or in
part, into any technology, product, or service). NIXBIN reserves the right to
display advertisements in connection with User Submissions and to use User
Submissions for advertising and promotional purposes. NIXBIN may, but is not
obligated to, pre-screen User Submissions or monitor any area of the NIXBIN
Websites through which User Submissions may be submitted. You agree that you
are solely responsible for all of your User Submissions. NIXBIN is not required
to host, display, or distribute any User Submissions on or through the NIXBIN
Websites and may remove at any time or refuse any User Submissions for any
reason. NIXBIN is not responsible for any loss, theft, or damage of any kind to
any User Submissions. NIXBIN does not want to receive any User Submission that
is confidential. You understand and agree that any User Submission will be
considered non-confidential and non-proprietary and that NIXBIN will be free to
disclose your User Submission to any third party absent any obligation of
confidence on the part of the recipient. NIXBIN does not guarantee that you
will have any recourse through NIXBIN or any third party to edit or delete any
User Submission you have submitted. By posting you agree to be solely
responsible for the content of all information you contribute, link to, or
otherwise upload to the website and release NixBin
LLC from any liability related to your use of the Website.
By submitting any User
Submission, you represent and warrant that:
1. you are at least 18 years old;
2. you own all rights in your User Submissions
(including, without limitation, all rights to the audio, video, or digital
recording and the performance contained in your User Submissions) or,
alternatively, you have acquired all necessary rights in your User Submissions
to enable you to grant to NIXBIN the rights in your User Submissions described
herein;
3. you have paid and will pay in full all license
fees, clearance fees, and other financial obligations, of any kind, arising
from any use or commercial exploitation of your User Submissions;
4. you are the individual pictured and/or heard
in your User Submissions or, alternatively, you have obtained permission from
each person (including consent from parents or guardians for any individual
under the age of eighteen (18)) who appears and/or is heard in your User
Submissions to grant the rights to NIXBIN described herein;
5. your User Submissions do not infringe the
copyright, trademark, patent, trade secret, or other intellectual property
rights, privacy rights, or any other legal or moral rights of any third party;
6. you voluntarily agree to waive all "moral
rights" that you may have in your User Submission;
7. any information contained in your User
Submission is not known by you to be false, inaccurate, or misleading;
8. your User Submission does not violate any law
(including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination, or false advertising);
9. your User Submission is not, and may not
reasonably be considered to be, defamatory, libelous, hateful, racially,
ethnically, religiously, or otherwise biased or offensive, unlawfully
threatening, or unlawfully harassing to any individual, partnership, or corporation,
vulgar, pornographic, obscene, or invasive of another's privacy;
10. you were not and will not be compensated or
granted any consideration by any third party for submitting your User
Submission;
11. your User Submission does not incorporate
materials from a third party web site, or addresses, email addresses, contact
information, or phone numbers (other than your own);
12. your User Submission does not contain any
viruses, worms, spyware, adware, or other potentially damaging programs or
files;
13. your User Submission does not contain any
information that you consider confidential, proprietary, or personal;
14. your User Submission does not contain or
constitute any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of
solicitation;
15. you are solely responsible for the content of
all information you contribute, link to, or otherwise upload to NIXBIN
Websites; and
16. you release and indemnify NIXBIN and sponsors of NIXBIN
Websites from any claims and/or liability related to your use of those
Websites.
Content Contributors
NIXBIN publishes user
contributed content in the form of blog posts and comments. By providing blog
posts either via RSS feed or directly on the site, comments or other content to
the site, contributors agree to the following:
1. Contributors may
cease contributing new content at any time by emailing the site editorial team
2. NIXBIN reserves the
right to not publish contributed content at NIXBIN's discretion.
3. NIXBIN will
attribute content to the author.
4. NIXBIN reserves the
right to syndicate all contributed content in summary form via RSS to third
parties.
5. All contributed
content may contain the author's byline, a very brief biography of the author,
and, in the case of material provided to us via RSS from the author's own blog,
a link back to the original post in the footer of the full post.
6. Contributing
authors are solely responsible for the originality and accuracy of their
submissions.
7. NIXBIN has a
zero-tolerance policy for plagiarism. NIXBIN recognizes that blogging is a
heavily referential medium and that bloggers frequently cite and quote from
each other's work. Such citations might be protected under the legal doctrine
of fair use. However, NIXBIN will remove any post that crosses the line from
fair use to plagiarism, at NIXBIN's sole discretion. Authors who knowingly
submit plagiarized work may be banned from NIXBIN communities.
8. NIXBIN reserves the
right to remove any sharing links or advertising accompanying contributed
posts.
9. NIXBIN reserves the
right to set fonts and styles, adjust image alignments, and otherwise alter
post layout to insure that posts comply with NIXBIN's global site styling.
10. From time to time,
NIXBIN may need to display summary versions of contributed content. In such
cases, NIXBIN may edit posts in summary form. Such summaries will contain a
link to the full and unaltered post. In such circumstances, NIXBIN will strive
to preserve the original meaning and intent of the content.
11. NIXBIN reserves
the right to edit post headlines for clarity or search engine optimization
(keyword inclusion).
12. NIXBIN reserves
the right to make corrections for spelling and grammar.
13. NIXBIN reserves
the right to reproduce blogger bios and accompanying pictures in NIXBIN's
marketing and promotional materials.
Visitors
NIXBIN's communities
are intended to enable lively but civil interaction. Use of language that is
abusive, off-topic, uses excessive foul language, or includes ad hominem
attacks will not be tolerated. NIXBIN reserves the right to determine what
constitutes inappropriate behavior and to bar offenders at its sole discretion.
Unless expressly permitted, you may not publish or reproduce the content that
appears on any part of this site. NIXBIN reserves the right to block or remove
postings or communications at any time at NIXBIN's sole discretion.
Links to third-party
websites
Some links on NIXBIN
Websites may link to third-party sites. Such links are provided solely as a
convenience to you. If you use these links, you will leave the NIXBIN Websites.
NIXBIN is not obligated to review such third-party websites, does not control
such third-party websites, and is not responsible for any such third-party
websites or their content (or the products, services, or content available
through the same). Thus, NIXBIN does not endorse or make any representations
about such third-party websites, any information, software, products, services,
or materials found there or any results that may be obtained from using them.
If you decide to access any of the third-party websites linked to from the NIXBIN
Network, you do so entirely at your own risk.
Linking to this Site
You may create links
to this Site from other websites, but only in accordance with the following
terms and in compliance with all applicable laws.
Absent NIXBIN's
written authorization otherwise, a website that links to this Site:
1. may link to, but shall not replicate, any
content of the NIXBIN Websites (including any NIXBIN logo);
2. shall not create a browser or border
environment around any content of the NIXBIN Websites;
3. shall not imply that NIXBIN endorses such
website or any products, services, or content available through such website;
4. shall not misrepresent its relationship with NIXBIN;
5. shall not present false or misleading
information about NIXBIN, its products, or its services;
6. shall not contain content that could be
construed as distasteful, offensive, or controversial; and
7. shall contain only content that is appropriate for
all age groups.
Trademarks
NIXBIN and any other
product or service name or slogan or logo contained in the NIXBIN Websites are
trademarks of NIXBIN or its suppliers or licensors and may not be copied, imitated,
or used, in whole or in part, without the prior written permission of NIXBIN or
the applicable trademark holder. Ownership of all such trademarks and the
goodwill associated therewith remains with NIXBIN or the applicable trademark
holder. You may not use any metatags or any other
"hidden text" utilizing any name, trademark, or product or service name of NIXBIN
without NIXBIN's prior written permission. In addition, the look and feel of
the Site (including all page headers, custom graphics, button icons, and scripts)
is the service mark, trademark, and/or trade dress of NIXBIN and may not be
copied, imitated, or used (in whole or in part) without NIXBIN's prior written
permission. Reference to any products, services, processes, or other
information, by trade name, trademark, or otherwise does not constitute or
imply endorsement, sponsorship, or recommendation thereof by NIXBIN.
Procedure for making
claims of infringement
NIXBIN respects the
intellectual property rights of others. Accordingly, NIXBIN has a policy of
removing User Submissions that violate copyright law; suspending access to the NIXBIN
Websites (or any portion thereof) to any user who uses the NIXBIN Websites in
violation of copyright law and/or terminating in appropriate circumstances the
account of any user who uses the NIXBIN Websites in violation of copyright law.
Pursuant to Title 17 of the United States Code, Section 512, NIXBIN has
implemented procedures for receiving written notification of claimed copyright
infringement and for processing such claims in accordance with such law. If you
believe your copyright or other intellectual property right is being infringed
by a user of the NIXBIN Websites, please provide written notice to the
following NIXBIN agent for notice of claims of infringement:
NixBin,
LLC
Email: info@nixbin.com
Your written notice
must: (a) contain your physical or electronic signature; (b) identify the
copyrighted work or other intellectual property alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner
to allow NIXBIN to locate that material; (d) contain adequate information by
which NIXBIN can contact you (including postal address, telephone number, and
e-mail address); (e) contain a statement that you have a good faith belief that
use of the copyrighted material or other intellectual property is not
authorized by the owner, the owner's agent or the law; (f) contain a statement
that the information in the written notice is accurate; and (g) contain a
statement, under penalty of perjury, that you are authorized to act on behalf
of the copyright or other intellectual property right owner.
International and export
issues
NIXBIN makes no
representation that the NIXBIN Websites is appropriate or available for use
outside the United States and access to the NIXBIN Websites from territories
where its contents are illegal or restricted is prohibited. If you choose to
access the NIXBIN Websites from outside the United States, you do so on your own initiative and are responsible for compliance
with applicable Laws.
Indemnification
You agree to
indemnify, defend, and hold harmless the NIXBIN Parties from and against any
and all claims, liabilities, damages, losses, costs, expenses, or fees
(including reasonable attorneys' fees) that such parties may incur as a result
of or arising from your (or anyone using your account's) violation of these
Terms of Use. NIXBIN reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NIXBIN's defense of such
claim.
Electronic communications
When you visit the
Site or send e-mails to NIXBIN, you are communicating with NIXBIN
electronically. NIXBIN may respond to you by e-mail or by posting notices on
the Site. You agree that all such notices, disclosures, and other
communications that NIXBIN provides to you electronically satisfy any legal
requirement that such communications be in writing.
General
These Terms of Use
constitute the entire and exclusive and final statement of the agreement
between you and NIXBIN with respect to the subject matter hereof, superseding
any prior agreements or negotiations between you and NIXBIN with respect to
such subject matter. The law of the State of Arizona shall be used to govern,
construe and enforce all rights and duties of the parties arising from or in
any way relating to the subject matter of these Terms of Use including, without
limitation, the performance, construction interpretation and enforcement
thereof. All lawsuits arising from or relating to these Terms of Use shall be
brought in the Federal or State courts located in Maricopa County, Arizona, and
you hereby irrevocably submit to the exclusive personal jurisdiction of such
courts for such purpose. The failure of NIXBIN to exercise or enforce any right
or provision of these Terms of Use shall not constitute a waiver of such right
or provision. If any provision of these Terms of Use is found by a court of
competent jurisdiction to be invalid, you nevertheless agree that the court
should endeavor to give effect to the intentions of NIXBIN and you as reflected
in the provision, and that the other provisions of these Terms of Use remain in
full force and effect. The section titles in these Terms of Use are for
convenience only and have no legal or contractual effect. These Terms of Use
shall remain in full force and effect notwithstanding any termination of your
use of the NIXBIN Websites. These Terms of Use will be interpreted without
application of any strict construction in favor of or against you or NIXBIN.
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by NIXBIN without
restriction.
Modifications to these
Terms of Use
NIXBIN may, in its
sole and absolute discretion, change these Terms of Use from time to time. NIXBIN
will post notice of such changes on the applicable Site. If you object to any
such changes, your sole recourse shall be to cease using the NIXBIN Websites.
Continued use of the NIXBIN Websites following notice of any such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the
terms and conditions of such changes. Certain provisions of these Terms of Use
may be superseded by expressly-designated legal notices or terms located on
particular pages of the NIXBIN Websites and, in such circumstances, the
expressly-designated legal notice or term shall be deemed to be incorporated
into these Terms of Use and to supersede the provision(s) of these Terms of Use
that are designated as being superseded.