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IM
& PS Terms of Use
Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree to
be bound by these Terms of Use, and as amended from time to time
with or without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any
rules or guidelines applicable to those services and they shall
be incorporated by reference into these Terms of Use. Please see
our Privacy Policy, which is incorporated into these Terms of Use
by reference.
Our Service
Our web site and services provided to you on and through our web
site on an "AS IS" basis. You agree that the owners of
this web site exclusively reserve the right and may, at any time
and without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide, whether
temporarily or permanently. We shall have no responsibility or liability
for the timeliness, deletion, failure to store, inaccuracy, or improper
delivery of any data or information.
Your Responsibilities and
Registration Obligations
In order to use this web site, you must register on our site, agree
to provide truthful information when requested, and be at least
the age of thirteen (13) or older. When registering, you explicitly
agree to our Terms of Use and as may be modified by us from time
to time and available here.
Privacy
Policy
Registration data and other personally identifiable information
that we may collect is subject to the terms of our Privacy Policy
Registration
and Password
You are responsible to maintain the confidentiality of your password
and shall be responsible for all uses via your registration and/or
login, whether authorized or unauthorized by you. You agree to immediately
notify us of any unauthorized use or your registration, user account
or password.
Your Conduct
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or
other materials ("Content"), publicly or privately provided,
shall be the sole responsibility of the person providing the Content
or the person whose user account is used. You agree that our web
site may expose you to Content that may be objectionable or offensive.
We shall not be responsible to you in any way for the Content that
appears on this web site nor for any error or omission. You explicitly
agree, in using this web site or any service provided, that you
shall not:
a. You agree not to use
the services provided by NAXIS.com website other than for the purpose
of private and personal non-commercial use only, without a prior
written consent from NAXIS.com.
b. provide any Content
or perform any conduct that may be unlawful, illegal, threatening,
harmful, anti-faith, abusive, harassing, stalking, tortuous, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site or limit
the functionality of any computer software or hardware or telecommunications
equipment or any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise to civil
or criminal liability, or which may violate an applicable local,
national or international law;
c. impersonate or
misrepresent your association with any person or entity, or forge
or otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
d. collect or harvest any
data about other users;
e. provide or use this
web site and any Content or service in any commercial manner or
in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising without
our prior written consent;
f. provide
any Content that may give rise to our civil or criminal liability
or which may constitute or be considered a violation of any local,
national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
g. upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation (please read our complete Spam Policy);
h. forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service
Submission
of Content on this Web Site
By providing any Content to our web site:
a. When you add a friend
to your contact list, your friend's ID is stored on our servers
and is linked with your friend list and vice versa. We use this
information to display a list of your online friends when you are
using the program. If you choose to store additional information
about a friend on your contact list, NAXIS.com will store this information.
If you choose to "ignore" certain users through your preference
settings, that user's NAXIS.com ID is stored on our server in order
to fulfill your ignore request.
b. Photos or graphics that
you use to represent yourself through the Logo feature of the Service
(photos, avatars, etc), are transmitted through our servers, and
we retain a copy of the images selected for display through these
features.
c. When you use the
Service, your instant messages ("IMs") may be transmitted
through our servers on their way to the recipient, or, in the case
of a conference, recipients. Any files you transmit through the
Service may also be transmitted through our servers.
d. Your online status will
be visible to other users of the Service who have you on their friends
list. You can turn this off in your preference settings. In addition,
you may choose to appear invisible to some users or groups of users,
but not to others.
e. Other users may also
see your online status on web pages throughout NAXIS.com.
f. NAXIS.com
does not save your messages, but the chat clients do make some functionality,
such as archiving and the ability to save messages, available to
users so that they may retain records of their instant messaging
communications. Please be aware that even if you choose not to save
your message history, users you correspond with may opt to use the
functionality available in their version of Chat client to save
the communications.
g. You agree to grant to
us a worldwide, royalty-free, perpetual, non-exclusive right and
license (including any moral rights or other necessary rights) to
use, display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and
compilations, in whole or in part. Such license will apply with
respect to any form, media, technology known or later developed;
h. you warrant and represent
that you have all legal, moral, and other rights that may be necessary
to grant us with the license set forth in this Section 7;
i. you acknowledge
and agree that we shall have the right (but not obligation), in
our sole discretion, to refuse to publish or to remove or block
access to any Content you provide at any time and for any reason,
with or without notice.
Third Party
Services
Goods and services of third parties may be advertised and/or made
available on or through this web site. Representations made regarding
products and services provided by third parties are governed by
the policies and representations made by these third parties. We
shall not be liable for or responsible in any manner for any of
your dealings or interaction with third parties.
Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim
or demand, including reasonable attorney's fees, that may be made
by any third party, that is due to or arising out of your conduct
or connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the
rights of another person or party.
Termintation
You agree that we may, under certain circumstances and without prior
notice, immediately terminate your account, any associated email
address if any, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b) requests
by law enforcement or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods
of inactivity. Termination of your account includes (a) removal
of access to all offerings within the Service, including but not
limited to NAXIS.com Groups, Messenger, Chat, Domains, Personals,
Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion
of your password and all related information, files and content
associated with or inside your account (or any part thereof), and
(c) barring further use of the Service. Further, you agree that
all terminations for cause shall be made in NAXIS.com’s sole
discretion and that NAXIS.com shall not be liable to you or any
third-party for any termination of your account, any associated
email address, or access to the Service.
Disclaimer
of warranties
Your understand and agree that your use of this web site and any
services or content provided (the "service") is made available
and provided to you at your own risk. It is provided to you "as
is" and we expressly disclaim all warranties of any kind, implied
or express, including but not limited to the warranties of merchantability,
fitness for a particular purpose, and non-infringement. WE MAKE
NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT
IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT
USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN
RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may
not allow disclaimers of implied warranties and the above disclaimer
may not apply to you only as it relates to implied warranties
Limitation
of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II)
THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM
ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE. In some jurisdictions, it is not permitted
to limit liability and therefore such limitations may not apply
to you. 12. Reservation of Rights. We reserve all of our rights,
including but not limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary right that we
may have in our web site, its content, and the goods and services
that may be provided. The use of our rights and property requires
our prior written consent. We are not providing you with any implied
or express licenses or rights by making services available to you
and you will have no rights to make any commercial uses of our web
site or service without our prior written consent.
Notification
of Copyright Infringement
If you believe that your property has been used in any way that
would be considered copyright infringement or a violation of your
intellectual property rights, our copyright agent may be contacted
at the following address:
Applicable
Law
You agree that this Terms of Use and any dispute arising out of
your use of this web site or our products or services shall be governed
by and construed in accordance with local laws where the headquarters
of the owner of this web site is located, without regard to its
conflict of law provisions. By registering or using this web site
and service you consent and submit to the exclusive jurisdiction
and venue of the county or city where the headquarters of the owner
of this web site is located.
Miscellaneous
Information
a. In the event that this
Terms of Use conflicts with any law under which any provision may
be held invalid by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original intentions
of the parties in accordance with applicable law, and the remainder
of this Terms of Use will remain valid and intact;
b. The failure of either
party to assert any right under this Terms of Use shall not be considered
a waiver of any that party's right and that right will remain in
full force and effect;
c. You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within
one (1) year after such claim or cause arose or the claim shall
be forever barred;
d. We may assign our rights
and obligations under this Terms of Use and we shall be relieved
of any further obligation.
Final Disclaimer
Please be
aware that while NAXIS offers a free IMPS service which you are
highly encouraged to use, mobile operators will still charge you
per megabyte transferred over a GPRS connection. NAXIS IMPS cannot
be held liable for the mobile phone charges you may incur while
using our service. Actual operator fees vary, and before using extensively
our service we encourage you to investigate how your operator is
charging for GPRS data transfer. It is also possible that your operator
will charge you a flat fee for the data traffic.
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