IMPORTANT - READ CAREFULLY:
These Terms and Conditions of Use create a legal agreement between you and NID Security Inc("NIDS") for use of the web site www.nidsecurity.com (the "Site").
These Terms and Conditions, as updated by NID Security from time to time, are collectively referred to as the "Terms and Conditions" and govern your use of the Site. NID Security may change these Terms and Conditions from time to time by providing such revised Terms and Conditions to You or by publishing the revised Terms and Conditions on NID Security web site. By continuing to use the Site You agree to be bound by the terms of any new versions of the Terms and Conditions.
If You do not agree to the Terms and Conditions, do not use the Site.
1. REPRESENTATIONS CONCERNING AGE. You represent and warrant that You are either: (a) at least eighteen (18) years old, or (b) the parent or guardian of a child at least fourteen (14) years old and on whose behalf You are agreeing to these Terms and Conditions (a "Minor User"). If You are a parent or guardian of a Minor User, You agree that You are responsible for the acts or omissions of such Minor User, You agree that the Terms and Conditions govern the use of the Site by such Minor User, and You are responsible for ensuring that the Minor User complies with the Terms and Conditions. We do not offer or provide products and services for children under the age of fourteen (14) (a "Child" or "Children"). If You are under 14, you may not use the Site.
2. THE NID SECURITY SERVICE. Currently, NID Security is making the NID Security service, including all features, available at no charge to You.
In the future, NID Security may begin charging for the NID Security service. NID Security will provide advance notice on the Site prior to implementing any such change.
3. CONTENT. On the Site, NID Security may provide certain content, videos, images, text or other material (collectively, "Content") regarding its product offerings and services, including, without limitation, information concerning any NID Security Software program ("Software"). Use of the Software is subject to the terms and conditions of a separate End User License Agreement.
4. ACCESS TO CERTAIN PORTIONS OF THE SITE. Access to certain portions of this Site may require a login and password information. You agree that you will be responsible for maintaining your login and password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your login or password. You agree to immediately notify NID Security by one of the methods listed in the event that: (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. NID Security is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may contact NID Security as follows: Email: firstname.lastname@example.org
5. NO THIRD PARTY USE. You may not use the Site in any manner which, in NID Security's sole discretion, interferes with its ability to offer its products or services to users. You agree to use the Site solely to accommodate Your own needs, and You may not use or exploit any portion of the Site to provide any commercial services to third parties.
6. PERMITTED USES. You agree to use the Site solely for lawful purposes. In addition, You are responsible for all Content that You upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting NID Security's and third parties' rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of NID Security's and third parties' rights. You agree to use the Content and services solely to accommodate your own personal needs and not to offer the Content to provide any commercial services to third parties.
You agree not to use the Site to:
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity (collectively, "Proprietary Rights");
- Upload, post, email or otherwise transmit any Content that is harmful to minors, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive; Impersonate another person or entity, including without limitation, a representative of NID Security, falsely represent or misrepresent Your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any "Spam", "Junk Mail", chain letters, or any other potentially objectionable form of unsolicited communication;
- Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
- Directly or indirectly disrupt or interfere with the Site in any manner that may materially adversely affect NID Security or any third party;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
- Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
The Content posted on the Site is entirely the responsibility of the user providing such Content. You, therefore, may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. NID Security cannot and does not monitor all of the material posted by users and cannot prevent such exposure.
7. NO WARRANTY. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NID Security AND ITS LICENSORS SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NID Security EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER USER WHO USES THE SITE. NID Security MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. Some jurisdictions do not allow the exclusions or limitations set forth above. Therefore, these exclusions or limitations may not apply to You.
8. LIMITATION OF LIABILITIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, WILL NID Security OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF NID Security IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NID Security PROVIDES THE SITE FOR YOU AT NO CHARGE. ACCORDINGLY, NID Security AND ITS LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SITE IS TO CEASE USE OF THE SITE.
9. COPYRIGHT. All title and Proprietary Rights in and to the Site are owned by NID Security or its licensors. The Site is protected by the copyright laws of the United States and international copyright treaties. Nothing in the Terms and Conditions transfers any Proprietary Rights to You. You may not take any action to jeopardize, limit or interfere with any rights in the Site. You agree that all title and Proprietary Rights in and to any third party Content that is accessed through use of the Site, is the property of the respective Content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
10. PROPRIETARY RIGHTS. You represent and warrant that You have all rights and licenses to post any and all material that You post on the Site, including, without limitation, any Content. You further represent and warrant that the Content submitted by You does not infringe or misappropriate any patent, trademark, copyright, trade secret or other Proprietary Right of any third party. You hereby agree to defend, indemnify, and hold harmless NID Security and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys' fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.
11. PHOTOGRAPHS AND IMAGES. You understand that by submitting any photographic or video materials, You will transmit images to third party users. By such use, You hereby permit such users to take your photograph or create other still images from the Content You transmit ("Images"). You authorize NID Security and any such users to copyright, license, publish, broadcast, display, reproduce, and distribute in any manner the Images. You understand that the Images may be altered, adapted, or modified in connection with such use, and that Your Images may be used alone or in combination with a fictitious name. You understand that You will not receive any royalties or other reimbursement for permitting NID Security and such users to use the Images. You grant NID Security and other users the absolute right and permission to use, re-use, publish, and re-publish Your Images, with or without Your name, or reproductions thereof or excerpts therefrom, made through any medium, and in any and all media now or hereafter known for any purpose whatsoever. You also consent to the use of any printed matter or other photograph or artwork of any kind without any restriction or limitation thereon, in conjunction therewith. You also understand that You will have no copyright or other rights with respect to the Images as they are used by NID Security or users. You hereby release, discharge and agree to hold harmless NID Security and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Images.
12. LINKS. The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by NID Security with respect to the provider of such linked site or the linked site. NID Security MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
13. FEEDBACK. NID Security may provide You with a mechanism to provide feedback, suggestions and ideas, if You choose, about the Site ("Feedback"). You agree that NID Security may, at its discretion, use the Feedback You provide in any way, including any future modifications of the Site and/or advertising and promotional materials relating thereto. You hereby grant NID Security a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information You provide in the Feedback.
14. TERMINATION. The Terms and Conditions may be terminated by NID Security immediately and without notice if You fail to comply with any term or condition of the Terms and Conditions. Upon such termination, You must immediately cease using the Site. NID Security reserves the right to discontinue the Site or any features or Content accessible through the Site at any time with or without cause. Without limiting other remedies, NID Security may limit, suspend, or terminate the Terms and Conditions and Your use of the Site with immediate effect, if NID Security believes that You are in breach of the Terms and Conditions, infringing a third party's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reason, in NID Security's sole discretion. NID Security shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the Site.
15. REPRESENTATIONS. You represent and warrant that You are authorized to enter into the Terms and Conditions and comply with its terms. Furthermore, You represent and warrant that You will at all times comply with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Site. You agree to defend, indemnify, and hold harmless NID Security and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys' fees) in connection with or arising out of Your: (a) violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party.
16. GENERAL PROVISIONS. The Terms and Conditions set forth NID Security's entire liability and your exclusive remedy with respect to the Site. You acknowledge that the Terms and Conditions are the complete statement of the agreement between you and NID Security with respect to the Site, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Site. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and NID Security arising solely through the use of the Site. If any provision of the Terms and Conditions is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of the Terms and Conditions shall be governed by California law (without reference to choice of law principles). Venue with respect to any dispute between You and NID Security will rest exclusively in the state or federal courts located in California. The NID Security logo and the NID Security name and logo, among others are trademarks of NID Security. Other parties' trademarks or service marks are the property of their respective owners and are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of NID Security or the owner of such mark. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. You are not allowed to assign the Terms and Conditions or any rights hereunder. The English version of the Terms and Conditions may be translated into other languages. In the event of any conflict or inconsistency between the English version and any other language version of the Terms and Conditions, the English version shall prevail to the extent of such conflict or inconsistency.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.