Terms of Service for unlimitedromania.com services, equipment and the website.
PLEASE READ THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME) CAREFULLY BEFORE CREATING AN ACCOUNT (DEFINED BELOW) WITH OR USING THE SERVICES (DEFINED BELOW) FROM Next Networks Inc.
BY USING, REGISTERING FOR, PURCHASING FROM OR SUBMITTING CONTENT TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, YOU AFFIRM THAT YOU ARE 18 OR OVER AND AGREE TO THESE TERMS OF SERVICE. IF YOU DO
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT PERMITTED TO REGISTER WITH UnlimitedRomania.com OR PROVIDE YOUR PERSONAL INFORMATION TO Next Networks Inc. THESE TERMS
OF SERVICE INCLUDE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT SHOULD BE CAREFULLY REVIEWED AND CONSIDERED PRIOR TO ANY USE OF THE SERVICES.
These Terms of Service (“Terms of Service”) are between Next Networks Inc. (“NN”, “we”, “us”, “our”) and you. These Terms of Service apply to the unlimitedromania.com website and all corresponding domains, subdomains, web pages and
websites associated therewith (collectively, the “Website”) and our video streaming service and internet telephony service that provides live and time-shifted television programming (the “Video Content”) delivered over the Internet
and the applications on consumer devices on which the service is delivered, including desktop computers, mobile phones, tablets and connected television devices, that link to or references these Terms (collectively, with the Website,
the ”Services”). These Terms set forth the legally binding terms for your use of the Services and will remain in full force and effect while you use the Services. You are authorized to use the Services only if you agree to abide
by all applicable laws, rules and regulations and these Terms.
NN reserves the right change, modify or amend these Terms at any time, or to impose new conditions on the Services (collectively, the “Changes”). All Changes will be effective (i) immediately upon notice thereof, which may be given
by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Services. Any use of the
Services by you after such notice shall be deemed to be your acceptance of the Changes. If any modification to these Terms is unacceptable to you, you may immediately terminate your use of the Services.
- Your Use of the Services
Except as stated in these Terms, all content and software provided through the Services are licensed non-exclusively and revocable to you for your private, non-transferable, non-commercial, limited use in the United States of America
as set forth in these Terms.
Non-commercial use means the services are meant for residential, personal use, excluding any business, organization, non-profit entities or any other commercial use. Sharing the services in any way with any third parties is not allowed. Unlimited phone calls or phone minutes are only for personal, non-commercial use and NN reserves the right to employ and use any means to define and detect non-personal use. Any breach of this term will determine immediate account and service termination, without notice.
All rights in the Services, including all software, data, and content, including the Video Content, in or used in connection with the Services, (collectively defined as ”NN Property”), belong to Next Networks Inc. and its licensors and all intellectual property rights and goodwill associated there with shall remain with and accrue to NN or its licensors. This license and all use or access to NN Property is expressly conditioned on your compliance with these
Terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. While you may access, view, use and display the Services for your private use, you may not modify, adapt, arrange,
translate, reverse engineer, decompile, disassemble, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any portion of the NN Property,
in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, leasing, loaning, sublicensing, retransmission, publication or commercial exploitation of any portion of the NN Property will be permitted without the express written permission of NN and any relevant third-party copyrights owners. For the avoidance of doubt, you shall not exhibit any Video Content in any public viewing area or location for which
an admission fee is charged expressly for the viewing of such Video Content. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with the Services,
or any of the NN Property or services offered through the Services. The Services and content or services provided through the Services may contain security or technical features that will prevent use of content or services in violation
of these Terms, and you will not circumvent these features without a legal right to do so.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, and no ownership rights shall be transferred.
The foregoing provisions of Section 4 are for the benefit of NN and its third-party providers, contractors, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to NN or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Except as these Terms expressly grant, we and our licensors reserve all rights, interests, and remedies in connection with the Services and the NN Property. Upon termination of these Terms, your Account, or license to any NN Property,
you will immediately cease use of the NN Property.
Use of the terms ”own,” ”ownership”, ”purchase,” ”sale,” ”sold,” ”sell,” ”rent” or ”buy” on or in connection with the Services does not mean or imply any transfer of ownership of any content, data or software or any intellectual property
rights from us or our licensors to any user or third party.
to register with the Services, your Account is private to you. The registration process requires you to create and use log-in credentials such as an email address or mobile phone number, and you acknowledge and agree that NN may
rely on the subsequent use of your log-in credentials to provide access to your Account and the information you have provided. You have the right to share your Account information and log-in credentials only with members of your
household living at the same address who are at least 13 years old (“Household Members”). You should safeguard your log-in credentials. Do not share your log-in credentials other than with Household Members and take steps to prevent
access to your Account by other persons. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify NN, using the
form in the UnlimitedRomania.com website. You are solely responsible for all use of your Account and log-in credentials, including use by Household Members, regardless of whether you authorized such access or use, and for ensuring
that all use of your Account complies fully with these Terms. You are solely responsible for your own losses and losses incurred by NN and others (including other users) due to any unauthorized use of your Account or log-in credentials.
We reserve the right to deny the creation of any Account in our discretion.
If you chose to use your mobile phone number in connection with the Services, you agree that we may contact you via phone or text message for administrative purposes. Even for Services for which NN does not charge, standard message
and phone calls rates may apply from your land line, mobile or wireless device carrier. Your carrier may charge you for each phone call or text message sent and received. Contact your carrier for all rates and terms applicable
to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will NN, its third party service providers or agents be responsible or liable for any text messaging
or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge
or billing error by or any billing dispute with any mobile or wireless device carrier.
- Children and Parental Controls
The Services are not intended to be used by children without involvement and approval of a parent or guardian. As the parent or legal guardian, you are responsible for monitoring your child’s access to or use of Services, as well as
any communications made or received by your child on or through Services. You are also responsible for the use of your Account by your children or others. Some Video Content may be objectionable or age-inappropriate for some users.
Please consider what is appropriate for your child and check any Video Content ratings and descriptions where available, before you access any items or permit your child to do so. However, not all content is rated, and parental
controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and we cannot guarantee the accuracy or completeness of that information. Some content that
you access on your system or device may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of content.
- Eligibility; Authorization
Use of any part of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is current, complete, truthful and accurate; (b) you will maintain and promptly update such
information as necessary, so that it remains current, complete, truthful and accurate; (c) you are 18 years of age or older; (d) you have the authority to enter into these Terms; and (e) your use of the Services does not and will
not violate any applicable law, regulation or agreement. We reserve the right to cancel any Account that uses, or that was created using, untruthful or inaccurate information or that was created for a primary purpose that violates
these Terms. Termination of your Account may result in the termination of data or purchases associated with the Account.
- Restrictions on Use
You specifically agree not to do any of the following: (a) conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, violation of rights of
publicity, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or Accounts.; (b) intercept or attempt to intercept
electronic mail not intended for you; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of the Services by others; (e) upload, post, stream, or otherwise transmit content that contains
a virus, corrupted data, a worm, spyware, a time bomb, or other computer program that may damage, interfere with, or disrupt the Services; (f) collect information about others (including online IDs, and e-mail addresses) without
their consent; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services, or that you have a contractual obligation
to keep confidential (notwithstanding its availability on the Services); (h) post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any
law; (i) post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services; (j) use the Services to advertise or perform any commercial solicitation, including,
without limitation, the solicitation of users to become subscribers of other services competitive with the Services; (k) engage in any other conduct that in NN’s discretion restricts or inhibits anyone’s use or enjoyment of the
Services, or which, as determined by NN, may harm NN or users of the Services or expose them to liability; (l) engage in deceptive or misleading practices; (m) attempt to hack or reverse engineer any code used in connection with
the Services; or (n) sell, buy, trade, or transfer your log-in credentials, Account or any personal access to the Services through any means or method, including by use of websites.
Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Services, (ii) use any manual process to monitor or copy any of the material on the Services or for any other
unauthorized purpose without the prior written consent of NN, (iii) use any device, software or routine that interferes with the proper working of the Services, (iv) attempt to interfere with the proper working of the Services,
(v) take any action that imposes an unreasonable or disproportionately large load on NN’s infrastructure, (vi) access, reload or ”refresh” transactional pages, or make any other request to transactional servers, more than once
during any three (3) second interval, or (vii) incorporate the Video Content into, or stream or retransmit the Video Content via, any hardware or software application or make it available via frames or in-line links unless expressly
permitted by NN in writing.
By completing a transaction through your Account, you are (i) agreeing to pay for all transactions made through your Account, including recurring charges for subscriptions that are not cancelled; (ii) authorizing NN, Inc. to charge
your payment card all fees due and payable for all your transactions; and (iii) agreeing to any applicable terms associated with use of the particular Service. UNLESS WE ARE REQUIRED BY LAW, WE WILL NOT PROVIDE A REFUND OR CREDIT
FOR ANY REASON, INCLUDING WITHOUT LIMITATION, FOR ANY PERIOD REMAINING IN YOUR SUBSCRIPTION AFTER YOU CANCEL YOUR SUBSCRIPTION. THE PRICE APPLICABLE TO YOUR TRANSACTION WILL BE THE PRICE THAT WAS IN EFFECT AT THE TIME OF THE TRANSACTION.
Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction.
- Video Content and Video Streams
Video Content is connected to the single Account used to order that content and cannot be transferred to another account. Each Account can activate up to a maximum of three video streams concurrently. Certain variables not within our
control may impact the delivery of and access to Video Content, including without limitation, availability of Video Content from our third party licensors, the speed and availability of your broadband or network connection, compatibility
between the format of the Video Content and the device you use to access that Video Content, and any applicable restrictions that may be imposed on the Video Content from our third party licensors. These variables may cause delays,
technical difficulties or an inability to view the Video Content. Digital versions of some Video Content be different from the original formatted content or previously released versions of the same titled content.
Video Content may be made available to you as a live or near-live stream (”Live Stream Content”) or as a licensed stream supported by advertising or promotional materials that may be for a limited duration (”Ad Supported Content”).
Video Content is subject to digital rights management rules, and are subject to other restrictions and limitations depending on the type of Video Content or the device you use to access Video Content. Some of these restrictions
are described below.
Live Stream Content. Live Stream Content comprises live or near-live transmissions of Live Events and may be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves, and may also be available for
an extended period past the occurrence of the applicable Live Event. When you access Live Stream Content, you may not be able to view any part of the Live Stream Content that occurred prior to the start of your viewing. We have
no control over the start and finish time of a Live Event; the duration of a Live Event; the content of a Live Event (including the availability, quality or suitability of the content or that it complies with applicable law); or
that the Live Stream Content be delivered uninterrupted, error-free and without fault or delay.
Ad Supported Content. Ad Supported Content is Video Content that contains or is displayed with advertising, marketing or other promotional materials (together, the ”Promotional Materials”). Promotional Materials may be displayed in
or around Ad Supported Content by any means selected by us or our Ad Supported Content Partners (defined below). By accessing, you acknowledge that Ad Supported Content may include, comprise or be displayed with Promotional Materials
that may delay or interrupt its playback. We may prevent you from skipping or manipulating the display of Promotional Materials, and, if so, you may not to attempt to access Ad Supported Content in any manner not prescribed by
us. We do not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and give no warranty or other assurance in relation to any products
or services featured in these advertisements and promotional materials.
Certain Ad Supported Content may be hosted or delivered to you by or through third party licensors, providers or partners (”Ad Supported Content Partners”). We have no control over the content hosted or delivered by the Ad Supported
Content Partners (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials). We cannot guarantee that their content will be complete and accurate, comply with applicable laws,
correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
- Free Trials
When you sign up for an Account, it may begin with a free trial period, which you will begin by providing your mobile phone number and/or email address (depending on how you access the offer). During the trial period, you will be prompted
to provide your name, email address, billing zip code, and payment card information. At the end of the trial period, if you have not cancelled your subscription, your payment card will be charged for the Service. To avoid being
charged for each subsequent renewal of the subscription, you must cancel your subscription prior to expiration of the then current subscription free trial period as set forth in Section 12. There is a limit of one free trial per customer.
- Promotional Offers & Discounts
From time to time, promotional offers may be presented to you by NN. These promotional offers may vary. They may be offered only to select subscribers or subscriptions, may be limited in time and/or geographic scope, or may require
you to make a minimum purchase or to purchase a particular subscription, or may exclude particular products. For example, we may offer a discount coupon in a stated amount (i.e. $5 off your first month’s subscription), or we may
provide a promotional code (which must be redeemed as part of the offer), or a discount for a limited time (i.e. receive your first 2 months for $10.99 per month). We may provide promotional offers to you directly or through our
affiliates or other third parties; if from a third party, you are also subject to any additional terms and conditions prescribed by those third parties, including their right to modify or cancel that particular Offer. Generally
speaking and unless otherwise stated, promotional offers cannot be combined; however, certain offers may be redeemed in addition to any Free Trial period or as part of our Referral Program, if applicable.
- Subscriptions, Auto-Renewal and Cancellation
We may offer you the opportunity to purchase subscriptions that provide access to particular products or services for a month at a time. Please review each product description, the cost, applicable taxes, fees, and surcharges, and
subscription term carefully before ordering or paying. At the beginning of each subscription term without further notice to you, the cost of each subscription plus applicable taxes, fees, and surcharges will automatically be charged
to the payment card you presented when you created your Account. The price of your subscription may change, and we will notify you of any changes. You may request that we email you a receipt of each month’s charges by contacting us at Unlimited Romania.
Subscriptions are month to month and renew automatically unless you cancel the subscription by contacting us at unlimitedromania.com and fill out the online form. Cancellation will take effect at the end of the current subscription term. If you choose to upgrade or downgrade your subscription, the upgrade or downgrade will take effect at the end of your then current subscription term and you will be billed at the new rate for the subscription.
If you no longer wish to receive your subscription, you must cancel your subscription, by contacting us at unlimitedromania.com
After you complete your subscription order, you will receive a confirmation of the transaction and auto-renewal. You hereby consent to receiving the confirmation via email to the email address connected to your Account. As with all
transactions, please print and retain a copy of your confirmation email for your reference.
After the effective date of termination or cancellation, you will not be able to access content or services provided in your subscription. Further information about managing your subscriptions is available at unlimitedromania.com .
- Free Equipment
Equipment provided by NN for free remains NN property and it is free to use for the duration of the active subscription. The equipment must be returned, on customer’s expense, at the end of the contract. If equipment is not returned in 30 days, NN reserves the right to charge the payment method on file for the fair market value of the equipment, as assessed by NN.
- Maintenance and Upgrades
From time to time, it may become necessary to provide certain content to you to ensure that the Services and content offered through the Services or your devices are functioning properly. Some content may be provided automatically
without notice when you sign in. This content may include automatic updates or upgrades that may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. You authorize
us to provide this content, updates and upgrades, and you acknowledge that we are not liable for any damages, loss of data or loss of functionalities arising from our delivery of these content, updates, upgrades and maintenance services.
- Termination / Suspension
We reserve the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the Video Content, hours of availability, specifications, prices, and equipment
needed for access or use of the Services, without notice to you. We reserve the right to terminate your Account for failure to complete transaction payments. For any Service that uses online servers, we make no commitment to continue
to make those servers available. In addition, we reserve the right to delete your Account data that we determine to have been dormant. If we determine that you have violated any of these Terms or any other terms connected with
the Services or have injured or damaged the Services community, we may take actions to protect our interests, including termination or suspension of your Account, automatic removal or blockage of NN Property, implementation of
upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive the Services or reliance on any other remedial efforts as necessary to remedy the
violation. If the violation is in connection with NN Property that was accessed, use of that content must immediately cease. You agree that NN will have no liability to you if the Services are changed or discontinued or your ability
to access the Services is terminated. After your Account is terminated, you will not be able to access the Services.
NN, UnlimitedRomania TM and all other NN slogans, logos, and product and service names used on the Services are trademarks owned by NN. You agree not to display or use such trademarks, in any manner, without the written permission
of NN. Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by NN subject to license or used for identification purposes only. You are expressly forbidden
to misuse, reproduce or remove the marks.
Copyright Next Networks Inc. All rights reserved.
All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on the Services are the proprietary materials of NN or its third-party licensors or suppliers,
unless otherwise noted. The distinctive and original layout and presentation of the Services constitute protectable trade dress under applicable federal law.
NN also uses proprietary algorithms to run certain software tools made available on the Services. These algorithms and all related software and technology are the sole and exclusive property of NN and/or its licensors.
- Content Submitted or Posted
You will not email, post, upload, input, provide, send or submit any communications or content of any type protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright,
trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of
copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission. NN may limit, remove or delete any content or other information stored, submitted or used in connection with the Services that
NN in its sole discretion deems to be in violation of these Terms or any applicable federal, state or local law, regulation or ordinance.
Subject to NN’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted by you (“Submissions”) will be treated as non-confidential
and non-proprietary. If you provide any Submissions to us, we will be entitled to use the Submissions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Submissions and agree to
provide us any assistance we require to document, perfect, and maintain our rights in the Submissions.
Through the Services, you may be able to access links to other websites that are not controlled by us. These links are provided solely as a convenience to you and not as an endorsement by NN of the contents on such third party websites.
If you decide to access linked third party websites, you do so at your own risk. NN is not responsible for the content on those other websites.
- Disclaimers; NO WARRANTY
You expressly acknowledge and agree that:
- YOUR USE AND INSTALLATION OF THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES ARE PROVIDED TO YOU ON AN ”AS IS” AND ”AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NN AND ANY OF ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED
THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES. Because the Services are provided to you ”AS IS,” you agree that NN shall not be liable to you
or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using the Services. Because the Services are provided to you ”AS AVAILABLE,” you
agree that NN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or of your ability to access them. THE COVERED PARTIES ALSO DISCLAIM ANY WARRANTY THAT
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES’ OPERATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (III) ANY INFORMATION OR COMMUNICATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE (AND THE COVERED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM YOUR RELIANCE ON ANY SUCH INFORMATION OR COMMUNICATION). Some states do not allow the disclaimer of implied
warranties, so this provision may not apply to you.
- YOU ASSUME THE FULL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER CONSEQUENCES THAT RESULT FROM YOUR DOWNLOADING ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS THROUGH THE SERVICES. THE COVERED PARTIES
SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, INCLUDING LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOADING ANY SUCH MATERIALS.
- THE SERVICES ARE NOT INTENDED FOR ANY USE IN WHICH THE FAILURE THEREOF COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT TO NN THAT USE OF THE SERVICES SHALL NOT RESULT IN THE SERVICES
BECOMING SUBJECT TO THE TERMS OF AN OPEN SOURCE LICENSE UNDER WHICH DOWNSTREAM RECIPIENTS OR OTHER THIRD PARTIES MAY CLAIM THE RIGHT TO (I) COPY, CREATE DERIVATIVE WORKS OF, OR REDISTRIBUTE THE SERVICES, OR (II) RECEIVE
SOURCE CODE TO THE SERVICES.
- Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF NN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
OR PERSONAL OR BODILY INJURY, ARISING OUT OF (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MATTER; (c) REPRESENTATIONS
OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT NN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL NN’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NN FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED. THIS DOES NOT AFFECT ANY STATUTORY
RIGHTS THAT MAY NOT BE DISCLAIMED.
You agree to defend, indemnify and hold harmless NN and its, third party information providers, suppliers, service providers, licensors, contractors, and others involved in the Services or the delivery of services or information over
the Services, and their respective directors, officers, agents, contractors, partners and employees, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable
attorneys’ fees and costs) arising out of, relating to, or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services
or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all
of this paragraph may not apply to you.
- Third Party Content.
The Services are owned and operated by NN, but may include elements licensed from or provided by third parties. NN is not a publisher of content supplied by third parties and users of the Services. Accordingly, NN has no more editorial
control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information
providers and users, are those of the respective author(s) or distributor(s) and not of NN. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider
or user. NN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized NN employee spokespersons while acting in their official capacities.
NN also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading
of any materials, data, text, images, video, or audio from the Services.
- Export Control.
SOFTWARE AND OTHER MATERIALS FROM THE SERVICES MAY ALSO BE SUBJECT TO UNITED STATES EXPORT CONTROL. THE UNITED STATES EXPORT CONTROL LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS PROHIBIT THE EXPORT OF CERTAIN TECHNICAL DATA AND
SOFTWARE TO CERTAIN TERRITORIES. NO SOFTWARE OR TECHNICAL DATA FROM THE SERVICES MAY BE DOWNLOADED OR EXPORTED (1) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, NORTH KOREA, IRAN, SYRIA, SUDAN OR ANY OTHER COUNTRY TO WHICH THE UNITED
STATES HAS EMBARGOED GOODS; OR (2) ANYONE ON THE UNITED STATES TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENY ORDERS. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE
FOR YOUR COMPLIANCE WITH ALL SUCH LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS.
- Business Associates.
The business associates of NN identified on the Services are independent contractors of NN. The business associates are not joint venturers or partners of NN. No employee or representative of the business associates is under the control
You agree that these Terms describe the entire agreement between us with respect to its subject matter and supersede all previous written or oral agreements between the parties with respect to such subject matter. The Services were
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