|
Terms and Conditions
This is the Nuvaa.com Agreement. Please read the following very
carefully. By signing up as a member with Nuvaa.com, and/or by
using this site, its products, corporate solutions and services
you hereby agree to the following TERMS AND CONDITIONS and all
associated policies. If you do not agree to the terms and
conditions, you must stop using this site, as these are legally
binding and will affect your right regarding information and
articles you post. This agreement may change from time to time
and you can find the latest version in this page.
This web site provides you with access to a rich collection of
resources, including, but not limited to, various communications
tools, forums, blogs and reviews, along with items that may be
bought or sold ( all of which maybe referred to as "service"
and/or "services"). By using the services available from the
domain and sub-domains of www.Nuvaa.com (the "site" or "web
site"), you are agreeing to the following terms, including the
general principles of websites of our subsidiaries. This Web
Site is provided to you under these "Terms and conditions" and
any amendments or supplements to them that may be posted by
Nuvaa.com, (hereafter, maybe referred just as "Nuvaa.com" or
"company") from time to time (collectively referred to as this
"Agreement"). Your use of this Web Site and the services
provided, shall be deemed to constitute your consent to be bound
by the terms and conditions of the Agreement and shall be
enforceable in the same way as if you had signed the Agreement.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by
this Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and
international laws regarding your use of the Web Site,
including, without limitation, laws regarding import/export of
technical data by virtue of your online transmission. Without
exception, under all circumstances, Nuvaa.com cannot be held
responsible for your non-compliance to any of the applicable
laws.
Disclaimer
Nuvaa.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR
BUSINESS MAY SUFFER. Nuvaa.com MAKES NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Nuvaa.com
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY Nuvaa.com AND ITS EMPLOYEES. Nuvaa.com
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE
ELSE. HOWEVER, Nuvaa.com MAY ASSIGN THE MEMBER'S CONTRACT, IN
PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO
THE MEMBER. Nuvaa.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS
UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
You will not hold Nuvaa.com responsible for other users' actions
or inactions, including things they post.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Nuvaa.com SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Nuvaa.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR
THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE
INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST
OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS
WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Indemnification
You agree to indemnify and hold harmless Nuvaa.com, its
directors, officers, employees, agents, co-branders,
subsidiaries, parents, and affiliates, from and against any and
all liability, losses, claims, demands, disputes, damages, and
costs of any kind, including, without limitation, reasonable
attorneys' fees and costs of litigation resulting from or in any
way connected with your use of the Web Site; Content you submit,
post, or transmit through the Web Site; your breach of the
Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon
completing the specific Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify Nuvaa.com of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each
session. Nuvaa.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
USER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Nuvaa.com, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via
this site. Nuvaa.com does not control the Content posted in this
site and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using this site,
you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Nuvaa.com be liable
in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available
in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited
to, a Nuvaa.com official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
4. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
5. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
7. 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, except in those areas (such as
shopping rooms) that are designated for such purpose (please
read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
10. 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 to the
Service;
11. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
12. provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding
contracts, are under the age of 18
16. circumvent or manipulate our payment structure, the billing
process, or in certain cases fees owed to Nuvaa.com
You acknowledge that Nuvaa.com may or may not pre-screen
Content, but that Nuvaa.com and its designees shall have the
right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content that is available in
this site. Without limiting the foregoing, Nuvaa.com and its
designees shall have the right to remove any Content that
violates the Terms of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Nuvaa.com may access,
preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety
of Nuvaa.com, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
Specific rules for Forum posters
As a Nuvaa.com member it's your responsibility to follow all the
rules mentioned under 'USER CONDUCT" section above, as well as
the following specific rules. We may exclude you from further
use of the Nuvaa.com site if you fail to follow any of the
rules. All reasons for being happy or unhappy that you post will
be considered as "content".
As mentioned earlier, you must have all necessary rights to
publish the content you submit to the Nuvaa.com site and YOU are
responsible for making sure you don't violate any copyright,
trademark, trade secret, patent or other rights or the privacy
of others', including the right to transmit the content you
provide to the Nuvaa.com site including complying with all laws,
statues and regulations.
If the content you post is not your own original experience
or work, you must have explicit permission in writing from the
copyright owner.
You accept that Nuvaa.com and any other user of Nuvaa.com
can review and use the content you submitted in accordance with
these terms.
You accept that Nuvaa.com reserves the right to approve or
disapprove any content you post without any explanation.
You must not intentionally or unintentionally violate any
applicable local, state, national, or international law, statute
or regulation.
Payments and Fees
You acknowledge and agree that all the Fees for advertisements
in this site are NON-REFUNDABLE.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and materials
available on the Nuvaa.com site and the software used in
connection with Nuvaa.com contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. Unless expressly authorized by
Nuvaa.com, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Nuvaa.com
site's contents, materials or the software, in whole or in part.
Except as expressly provided in this Agreement, you are NOT
granted any rights or license to any intellectual property with
respect to the Nuvaa.com site or its contents. Nuvaa.com
reserves all rights and the name "Nuvaa.com" and its respective
logos, may be Nuvaa.com trademarks. You are not allowed to use
or display any of these unless you have our prior express
written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that Nuvaa.com may, in its sole discretion, and at any
time, modify, discontinue, or suspend its operation of this Web
Site, or any part thereof, temporarily or permanently, without
notice to you, and you agree that Nuvaa.com will not be liable
for the consequences of doing so. You also agree that Nuvaa.com
may, in its sole discretion, and at any time, completely
terminate your use of the Web Site, and may remove or delete any
or all of your Content within the Web Site, without prior notice
to you for any reason that Nuvaa.com, in its sole discretion,
deems appropriate. You further agree that Nuvaa.com will not be
liable to you or to any third party for the consequences of any
termination of your use of or access to the Website.
|
|