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Terms of Service
Please read this Terms of Service agreement (referred to hereafter as "TOS").
Acceptance of Terms
By accessing the website, www.nexuspad.com ("Website"), you indicate your acceptance of the following terms and conditions. By using the Website in any way, you agree to comply with the TOS. Should you object to any term or condition thereto or become dissatisfied with the Website in any way, your only recourse is to immediately cease using the Website and close your account with NexusPad. NexusPad has the right, but is not obligated to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.
The term "Website" includes all services and features available on www.Nexuspad.com and on each of their respective sub-domains, as well as all services and features available through any related mobile application.
We may alter, suspend, or discontinue this Website or support for any mobile application, in whole or in part, at any time and for any reason, with or without notice to you. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Our users are responsible for obtaining all necessary devices or equipment, internet and phone services, that will allow them to access the Website or services online.
Subject to these terms and conditions, by accessing our Website, you agree that:
You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You are responsible for protecting your login and password from unauthorized use.
You agree to immediately notify NexusPad (firstname.lastname@example.org) of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
You may be required to provide current, accurate, identification, contact and other information as part of an on-going verification process to ensure that your account is safe with you. You will be responsible for maintaining the accuracy and completeness of such information.
You are solely responsible for anything uploaded, and/or posted to your account ("Your Content"), including but not limited to text, files, images, videos, and Your Content that you chose to share with others (designated as your "Public Content") through the means of public links, or email transmitted from your account.
You agree that NexusPad reserves the right, and at our sole discretion, can terminate a user's account that is deemed to have violated our TOS, in whole or in part based on the following prohibited conduct.
Our users are prohibited to:
transmit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by NexusPad;
impersonate another person;
promote, solicit, or participate in any multi-level marketing or pyramid schemes;
post Content which infringes another's copyright, trademark or trade secret;
post defamatory statements;
post hateful or racially or ethnically objectionable Content;
post unsolicited advertising or unlawfully promote products or services;
harass, threaten or intentionally embarrass or cause distress to another person or entity;
introduce viruses, and/or harmful code to the Website;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
obtain unauthorized access to any computer system through the Website;
violate any federal, state, local, or international law or regulation;
invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent, for example, another's photograph, address, email, phone number or any other contact information without permission from such other person;
encourage conduct that would constitute a criminal or civil offense;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
collect or store personal data about other users for commercial purposes;
use the Website as a forwarding means to another website;
allow usage by others in such a way as to violate these TOS;
employ tactics to prevent the full and complete display of advertisements within the Website, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Website;
solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Website (unless you have been specifically allowed to do so in a Separate Agreement);
for public links created to share Your Public Content to others, you further agree NOT to upload or display content that:
(i) contains nudity, sexually graphic material, or material that is otherwise deemed explicit by NexusPad; or
(ii) contains threatening, abusive, harassing, defamatory, libelous, invasive, hateful, or racially, ethnically or otherwise objectionable.
If you encounter any of these prohibited uses, you may contact us at email@example.com and follow the instructions as to how to submit the appropriate information to NexusPad.
You understand that, notwithstanding our efforts and these TOS, you may be exposed to offensive, indecent or objectionable Content when using the Website, and, accordingly, you use the Website at your own risk. There are commercially available services and software to limit access to material that you may find objectionable. We may, but shall have no obligation, to provide such services and software, or enable such services or software to work with the Website.
We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Website, without obligation to any person.
NexusPad retains the right, at our sole discretion, to implement limits to the nature or size of storage space available to you, the number of transmissions, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of NexusPad actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that NexusPad has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
Intellectual Property Rights
You will retain all ownership rights to any Content you submit or make publicly available for inclusion in the NexusPad service, and we are not obtaining ownership rights to any of your Content. We do, however, need you to grant us certain rights in your Content, so that we can incorporate such Content in our services. Without such rights we may be violating copyright and other laws by storing, posting, backing up and allowing the download of your Content on our Website or through our mobile applications. The rights that we need from you include the right to reformat and add links to your Content so that we can present it in a user friendly format, and such reformatted or enhanced material is considered a "derivative work" under the copyright laws.
Your Content will be designated as "Private" ("Private Content")or "Public" ("Public Content"), and you have the right to change such designation or remove your Content from our Website at any time. Unless you elect to enable others to view or have access to your Public Content you submit to our Website or through our mobile applications, no one else should see your Private Content without your consent. In order to enable us to store and backup any Content submitted to us through the Website or through our mobile applications and to display such Content on our Website or through our mobile applications (subject to the limitations on access by third parties set forth in this paragraph with respect to Private Content), you grant us a world-wide, royalty-free, non-exclusive license to use and reproduce such Content, and to create derivative works from such Content to enable us to reformat and enhance the presentation of such Content. In addition, in order to enable us to publicly display your Public Content on our Website, you also grant us a world-wide, royalty-free, non-exclusive license to distribute and publicly display on our Website or through our mobile applications the Public Content submitted to us through the Website or our mobile applications. The license to reproduce and create derivative works from, such Content shall remain in effect until you remove or we delete the Content from our systems. The license to distribute and publicly display the Public Content shall remain in effect until you change the designation of such Public Content to Private Content or until you remove or we delete the Content from our systems.
Unless otherwise noted, all Content (other than Your Content) contained on this Website or our mobile applications is the property of NexusPad and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material;
your name, address, telephone number, and email address;
a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your claim is accurate; and
a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website or our mobile applications who are repeat infringers.
Disclaimer of Warranty
Under no circumstances will NexusPad be liable for any loss or damage caused by your reliance on information in any Content on this Website or provided through our mobile applications. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website or one of our mobile applications. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
All text, images, and other information on or accessible from this Website or provided through our mobile applications are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, NexusPad does not warrant that: (i) the information available on this Website or provided through our mobile applications is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this Website or through our mobile applications will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) this Website or the server(s) that makes it available are free of viruses or other harmful components.
Limitation of Liability
In no event shall NexusPad be liable to any user of this Website or of our mobile applications or any other person or entity for any direct, special, incidental, consequential, exemplary or other indirect damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if NexusPad has been advised of the possibility of such damages or losses.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Links to Third-Party Websites
This Website may contain links to non-NexusPad websites that are provided to you as a convenience. Any outside website accessed from our Website is independent from NexusPad , and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-NexusPad websites.
You agree that your Public Content through public links, may be "crawled" and/or "indexed" by search engines such as Google, Yahoo, and others. You agree to have your Public Content that you posted be made available to the public through www.nexuspad.com and you will bear all the risks consequentially.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by NexusPad of that third party or of any product or service provided by a third party. Likewise, a link to any non-NexusPad website does not imply that we endorse or accept any responsibility for the content or use of such a website.
We make no representation that information on this Website or through our mobile applications is appropriate or available for use outside the United States. Those who choose to access this Website or use our mobile applications from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's access to our Website, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate our TOS, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website.
Waiver and Severability of Terms
The failure of NexusPad to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
By using this Website or our mobile applications, you agree to indemnify, hold harmless and defend NexusPad from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Website or our mobile applications.
Notification of Changes
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of this TOS at: