NXGSH.com Terms of Use (Last Update: October, 16TH 2011)
First and foremost: If you are visiting this site to gather information to
use against NXGSH.com or to in any way cause harm to NXG as NXG might view,
you must leave now.
1.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.
2.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. If you do not agree to these
Terms of Use, do not use this site in any way, shape, or form.
3.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.
4.Our
Softwares
Our softwares are owned by Digital Soft Code LLC and are the property of
Digital Soft Code LLC. Our softwares have been created to be used on playful
purposes, on private servers with your friends. NXGSH.com is not responsible
if you use our softwares in another purpose. The use of our softwares in
other purposes, which are not the ones that our softwares have been made, is
at the own responsibility of the user. All our softwares are free, but their
uses involve a VIP account. NXGSH.com offers forum access to the users who
own a VIP account, to access to our softwares.
5.Payment
Policy
Fraudulent charges with an account that sends money without the consent of
the account holder or/and any kind of frauds will result in your account
being instantly disabled, permanently terminated and/or legal action will be
taken.
6.Refund
Policy
There are no possible refunds for any of our services, they are virtual and
non tangible goods.
7.Authentication
Tampering with our Client to bypass any security mechanism or to dismantle
our Client will result in your account being disabled, permanently
terminated and/or legal action will be taken.
8.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.
If you give an unauthorized personal your account to login, it will result
in your account being disabled and permanently terminated.
9.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:
1.Provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortuous, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic, designed
to or does interfere or interrupt this web site 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;
2.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;
3.Collect or harvest any data about other users;
4.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;
5.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.
10.Submission
of Content on this Web Site
By providing any Content to our web site:
1.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;
2.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
10;
3.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.
11.Private
Policy
The name specific datas given by the customer won't be spread to third
parties. The customer have the right to access, to modify, and to delete
datas which concern him (art. 34 of the French Law "Informatique et Libertes"
of January, 6th 1978) with Digital Soft Code, BP 30012, 33030 Bordeaux cedex.
12.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.
13.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.
14.Disclaimer
of Warranties
You 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, and 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.
15.Limitation
of Liability
You expressly understand and agree that we shall not be liable for any
direct, indirect, special, incidental, 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 (1) the use
of or the inability to use the service, (2) the cost to obtain substitute
goods and/or services resulting from any transaction entered into on through
the service, (3) unauthorized access to or alteration of your data
transmissions, (4) statements or conduct of any third party on the service,
or (5) 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.
16.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.
17.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.
18.Miscellaneous
Information
1.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;
2.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;
3.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) month after such claim or cause arose or the claim shall be forever
barred;
4.We may assign our rights and obligations under this Terms of Use and we
shall be relieved of any further obligation.
19.Other
Organizations
You agree to the following, if not agreed with then leave our site NOW!
1.I am not visiting this site to steal material (including Information,
Snapshots and Source-Codes) to use against the Webmaster, Site Operator or
Host or any person in any conceivable manner.
20.Contact
If you have any questions or claims, or comments regarding this Terms of
Services or Privacy Policy, please contact our administrators at nxghacks@yahoo.com.