IMPORTANT NOTICE - READ CAREFULLY: This Terms of Services for USERS of the SERVICES is the agreement which governs use of the SERVICES. By registering or otherwise using the SERVICES - you agree to be bound by the terms of this Terms of Services. If you do not agree to the terms of this Terms of Services do not register or otherwise use the SERVICES.
- LICENSOR. Licensor means including but not limited licensor as Nimi projects including but not limited to its staff and developers.
- SERVICES. Services means including but not limited to services and web sites.
- SERVICES PROVIDER. Services provider means SERVICES provider including but not limited to LICENSOR.
- THIRD PARTY. Third party mean ANY not related directly or indirectly including but not limited to LICENSOR.
- ANY. Any means all kind of including but not limited to possible or impossible, existing or not existing.
- NON-COMMERCIAL USE. Non-commercial use means all means that you are not getting compensated in ANY form for the products and, or services you develop.
- USERS. Users means all including but not limited to those or whom are using the SERVICES.
- ACCESSING SERVICES GATE. Accessing services gate means ANY device, software or ANY other method of accessing SERVICES.
- INFORMATION. Information means ANY knowledge, facts or data including but not limited to binary, voice and visual.
- STORAGE. Storage means ANY including but not limited to devices or SERVICES capable of keeping INFORMATION.
- STORE. Store means including but not limited to keeping INFORMATION on STORAGE.
DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
THE SERVICES ARE PROVIDED by LICENSOR "AS IS" WITH ALL FAULTS and LICENSOR DISCLAIM ALL WARRANTIES, EITHER, WHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Accepting the Terms of Services
- In order to use the SERVICES, you must firstly agree to the Terms. You may not use the SERVICES if you do not accept the Terms.
You accept the Terms of Services by:
- clicking to accept or agree to the Terms of Services, where this option is available in ANY SERVICES interface, or
- by actually using the SERVICES. In this case, you understand and agree that LICENSOR will treat your use of the SERVICES as acceptance of the Terms of Services from that point onwards.
You may not use the SERVICES and may not accept the Terms of Services if
- You are not of legal age to form a binding contract with LICENSOR, or
- You are a person barred from receiving the Services under the laws of all countries including but not limited to the country in which you are resident or from which you use the SERVICES.
Provision of the Services
- You acknowledge and agree that if LICENSOR disables access to your account, you may be prevented from accessing the SERVICES ANY content within SERVICES and your account.
- You acknowledge and agree that while LICENSOR may not currently have set a fixed limit on the number of transmissions you may send or receive through the SERVICES or on the amount of storage space used for the provision of ANY SERVICES, such fixed limits may be set by LICENSOR at ANY time, at LICENSOR discretion.
- You acknowledge and agree that LICENSOR may stop - permanently or temporarily - providing the SERVICES or ANY features within the SERVICES to you or to USERS generally at LICENSOR sole discretion, without prior notice to you.
- You may stop using the SERVICES at ANY time.
- You do not need to specifically inform LICENSOR when you stop using the SERVICES.
Use of the Services by you
- In order to access certain SERVICES, you may be required to provide INFORMATION about yourself like identification or contact details as part of the registration process for the SERVICES, or as part of your continued use of the SERVICES. You agree that ANY registration INFORMATION you give to LICENSOR will always be accurate, correct and up to date.
You agree to use the SERVICES only for purposes that are permitted by
- the Terms of Services
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions - including but not limited to ANY laws regarding the export of data or software to and from ANY country.
- You agree not to access or attempt to access, perform reverse engineering of ANY of the SERVICES by ANY means other than through the interface that is provided by LICENSOR, unless you have been specifically allowed by LICENSOR in separate agreement.
- You agree that you will not engage in ANY activity that disrupts or interferes with the SERVICES or the servers and networks which are connected to the SERVICES.
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the SERVICES for ANY purpose.
- You agree that you are solely responsible for and that LICENSOR has no responsibility to you or to ANY THIRD PARTY for ANY breach of your obligations under the Terms of the Services and or the consequences including ANY loss or damage which LICENSOR may suffer of ANY such breach.
- You agree that you grant all rights in terms of displaying, reproduction, unlimited usage or ANY other not included in the Terms of Services of ANY submitted or ANY other data through and with SERVICES to SERVICE PROVIDER for ANY possible or impossible reason.
- You understand that all INFORMATION, like but not limited to ANY kind of multimedia which you may have access to as part of, or through your use of, the SERVICES are the sole responsibility of the person from which such content originated.
- All INFORMATION presented to you as part of the SERVICES may be protected by intellectual property rights.
- LICENSOR reserve the right but shall have no obligation to prescreen, review, flag, filter, modify, refuse or remove ANY or all content from ANY of SERVICES.
- You understand that by using the SERVICES you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the SERVICES at your own risk.
- You acknowledge and agree that you will not submit, transmit or perform ANY form of activity with SERVICES usage involving, but not limited to distribution or other forms - of data or other forms that are prohibited or restricted by the laws of all countries including but not limited to the country in which you are resident or from which you use the SERVICES
- You acknowledge and agree that SERVICES may use ANY including but not limited to your or all activity with SERVICES to adjust its material.
- You acknowledge and agree that the SERVICES may STORE ANY INFORMATION including but not limited to cookies on your ACCESSING SERVICES GATE.
- You acknowledge and agree that the SERVICES may register and share including but not limited to all activity with SERVICES.
- You acknowledge and agree that the SERVICES may perform ANY processing of data including but not limited to all activity with SERVICES.
- You acknowledge and agree that the SERVICES may not offer ANY security and privacy for usage, accessing or ANY other including but not limited to the SERVICES and THIRD PARTY SERVICES related activity.
- You acknowledge and agree that the SERVICES may not offer ANY security and privacy for the SERVICES and INFORMATION.
ANY direct or indirect, included or not included, explanations and regulations or other not mentioned within the Terms of Services are to be never used directly or indirectly, or at ANY other form against SERVICES PROVIDER and SERVICES.
- SERVICES PROVIDER is not responsible for ANY content distributed, available or in ANY other related form from THIRD PARTY - including, but not enclosing only to ANY form of its use, STORE or management or other without limitation.
- ANY direct or indirect, included or not included, explanations and regulations or other not mentioned within the Terms of Services are to be never used directly or indirectly, or at ANY other form against SERVICES PROVIDER and SERVICES.
- If ANY provision of the Terms of Services is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. The Terms of Services is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. The Terms of Services may only be modified by LICENSOR.
- The Terms of Services can change without USERS confirmation.
- The Terms of Services can be extended by appendix as a separate agreement.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless SERVICES PROVIDER, its affiliates and their respective staff from and against ANY and all claims, actions, suits or proceedings, as well as ANY and all losses, liabilities, damages, costs and expenses (including ANY fees) arising out of or accruing from (a) your use of the SERVICES, (b) anything, including but not limited to, created by using the SERVICES that infringes ANY copyright, trademark, trade secret, trade dress, patent or other intellectual property right of ANY person or defames ANY person or violates their rights of publicity or privacy, and (c) ANY non-compliance by you with the Terms of Services agreement.
- The Terms of Services will automatically terminate if you fail to comply with ANY of the terms and conditions hereof.
- When this Terms of Services agreement comes to an end, all of the legal rights that LICENSOR have benefited from (or which have accrued over time whilst this Terms of Services agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and continue to apply indefinitely.
- Defensive Suspension. If you commence or participate in ANY legal proceeding against SERVICES PROVIDER then SERVICES PROVIDER may, in its sole discretion, suspend or terminate all Terms of Services grants and ANY other rights provided under THIS THIS Terms of Services during the pendency of such legal proceedings.
The SERVICES are made and provided with and in educational purposes, and good faith. This Terms of Services refers to the SERVICES being provided under this Terms of Services.