1. Acceptance of the Terms of Service
The following terms and conditions
(collectively, these "Terms of
Service") apply to your use of this website (the "Website") owned and operated by NextGen
Tech LLC and its affiliates (“Company”, "We" or "Us"),
including any content, functionality and services offered on or via such
Website. The Terms of Service also include our Privacy Policy.
Please read the Terms of Service
carefully before you start using the Website. By using the Website you accept and agree to be bound and abide by
these Terms of Service.
If you have any questions
please contact us at [email protected].
2. Changes to the Terms of Service and the Website
We reserve the right to update the
Website and these Terms of Service from time to time, at our discretion. We
will make sure to announce any major change in a prominent way. Your continued use of the Website following
the publishing of updated Terms of Service means that you accept and agree to
the changes.
3. Accessing the Website, Security and Privacy
We are working hard on improving the
Website, but we can't guarantee that the Website will be up and running at all
times. We also reserve the right to suspend or restrict access to some features
to users. In any case, we will not be liable if for any reason all or any part
of the Website are unavailable at any time or for any period, nor for any data
loss (see also section 7 below).
To access certain features of the
Website you may have to register by entering a unique username and choosing a
password as part of our security procedures. Alternatively, you may be able to login
with a number of social media accounts. You must treat
such information as confidential, not disclosing it to any third party and only
using the Website in person. As an anti-spam precaution, a small number of
features on the website may be limited to accounts that are verified as human.
It is a condition of your use of the
Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to
provide certain registration details or other information. As custom for
internet websites, we reserve the right to disable any user account, at any
time in our sole discretion for any or no reason, including, if in our opinion
you have failed to comply with any provision of these Terms of Service.
We may use SSL encrypted browsing
for all users, but we cannot guarantee that all use will be secure. We also do
not guarantee that the Website or any content provided on the Website is error
free. We manage your personal data according to our Privacy Policy.
4. Intellectual Property Rights and Use Guidelines.
The Website and its original
content, features and functionality, are owned by Company and are protected by
US, Canadian, and European international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws. You agree to
not copy, modify, create derivative works of, publicly display, publicly
perform, republish, any of our copyrighted material, except to the extent
permitted by the Website itself. If you have doubts about whether and how to
use of material on the Website, please address your concerns to: [email protected].
For purposes of these Terms of
Service, the term “Content”
includes, without limitation, information, data, text, photographs, videos, audio
clips, written posts and comments, software, scripts, graphics, and interactive
features generated, provided, or otherwise made accessible on or through the
Website. For the purposes of these Terms of Service, Content also includes all
User Content (as defined below).
All Content added, created,
uploaded, submitted, distributed, or posted to the Website by users
(collectively “User Content”),
whether publicly posted or privately transmitted, is the sole responsibility of
the person who originated such User Content. You represent that all User
Content provided by you is accurate, complete, up-to-date, and in compliance
with all applicable laws, rules and regulations. You further represent that you
have all rights associated with any Content you upload. You acknowledge that
all Content, including User Content, accessed by you using the Website is at
your own risk and you will be solely responsible for any damage or loss to you
or any other party resulting therefrom. We do not guarantee that any Content you
access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall
grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid,
sublicensable and transferable license to use, edit, modify, reproduce,
distribute, prepare derivative works of, display, perform, and otherwise fully
exploit the User Content in connection with the Website and our (and our
successors’ and assigns’) businesses, including without limitation for
promoting and redistributing part or all of the Website (and derivative works
thereof) in any media formats and through any media channels (including,
without limitation, third party websites and feeds). You also hereby do and
shall grant each user of the Website a non-exclusive, perpetual license to
access your User Content through the Website, and to use, edit, modify,
reproduce, distribute, prepare derivative works of, display and perform such
User Content. For clarity, the foregoing
license grants to us and our users does not affect your other ownership or
license rights in your User Content, including the right to grant
additional licenses to your User Content, unless otherwise agreed in writing.
You represent and warrant that you have all rights to grant such licenses to us
without infringement or violation of any third party rights, including without
limitation, any privacy rights, publicity rights, copyrights, trademarks,
contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content
will be made available on the Website. We reserve the right to, but do not have
any obligation to, (i) remove, edit or modify any
Content in our sole discretion, at any time, without notice to you and for any
reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such Content or if we are
concerned that you may have violated these Terms of Service), or for no reason
at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website
for your personal, non-commercial use, or legitimate business purposes,
provided that your activities are lawful and in accordance with these Terms of
Service. Prohibited uses include violation of laws and regulations, hacking the
Website in any manner, or violating the Content
Standards set below. No right, title or interest
in or to the Website or any content on the site is transferred to you, and all
rights not expressly granted are reserved. Any use of the Website not expressly
permitted by these Terms of Service is a breach of these Terms of Service and
can lead to account termination.
We encourage your feedback, in the
form of reviews, comments, and suggestions or recommendations for modifications,
improvements or changes to the Services or the Website that you may choose in
your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all
right, title and interest in and to the Feedback, a non-exclusive,
royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual
license to use that Feedback or to incorporate it into the Website or other
products or services.
The Website may contain Content
specifically provided by us, our partners or our users and such Content is
protected by copyrights, trademarks, service marks, patents, trade secrets or
other proprietary rights and laws. You shall abide by and maintain all
copyright notices, information, and restrictions contained in any Content
accessed through the Website.
5. User Contributions and Content Standards. Special
Disclaimer for legal content.
The Website contain user generated
content, and also may contain message boards, personal
web pages, forums or other interactive features that allow you to upload, post,
submit, publish, display or transmit to other Users Content on or through the
Website. All User Content must be lawful, non-spam, and clear of virus or other
malware. More specifically, but without limiting the foregoing, it must comply
with the following Content Standards:
● Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
● Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
● Not be likely to deceive any person.
● Not promote any illegal activity, or advocate, promote or assist any unlawful act.
● Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
● Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising.
● Not give the impression that they emanate from us or any other person or entity, if this is not the case.
6. Online Purchases and Other Terms and Conditions
Additional
terms and conditions may also apply to specific portions, services, or features
of the Website. All such additional terms and conditions are hereby
incorporated by this reference into these Terms of Service.
7. Law and Copyright Infringement
It is the responsibility of the
uploading user to ensure all User Content uploaded to the Website complies with
the terms set forth in this Terms of Service. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or
content provided by any user or third party. In the unlikely event we receive a
disclosure request from an authorized party, we reserve the right to disclose
user identities when required to do so by the law, including in response to a
law enforcement request supported by a valid court order. You waive and hold
harmless Company and its affiliates from any claims resulting from any action
taken by the Company during or as a result of its
investigations and from any actions taken as a consequence of investigations by
either the Company or law enforcement authorities.
If you believe that any User Content
violate your copyright, please follow the procedure set forth by article 512(c)
of the DMCA and provide us a written takedown notice including the following
information:
The notice should be addressed to [email protected].
8. Disclaimer of Warranties, Limitations of Liability and
Indemnification.
Your
use of the Website is at your sole risk. The service is provided "as
is" and "as available". We disclaim all warranties of any
kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. We are
not liable for damages, direct or consequential, resulting from your use of the
Website, and you agree to defend, indemnify and hold
us harmless from any claims, losses, liability costs and expenses (including
but not limited to attorney's fees) arising from your violation of any
third-party's rights. You acknowledge that you have only a limited,
non-exclusive, nontransferable license to use the Website. Because the Website is
not error or bug free, you agree that you will use it carefully and avoid using
it ways which might result in any loss of your or any third party's property or
information.
9. Governing Law and Jurisdiction
These Terms of Service and any
dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Texas
without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding
arising out of, or related to, these Terms of Service or the Website shall be
instituted exclusively in Frisco, Texas.
10. Waiver and Severability
Our failure to exercise or enforce
any right or provision of the Terms of Service shall not constitute a waiver of
such right or provision. The Terms of Service constitutes the entire agreement
between you and Company and govern your use of the service, superseding any
prior agreements (including, but not limited to, any prior versions of the
Terms of Service). If any provision of these Terms of Service is held by a
court of competent jurisdiction to be invalid, illegal or unenforceable for any
reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of the Terms of Service will continue in
full force and effect.
11. Feedback
We
welcome any comment, question and communication at [email protected].