Terms Of Use
The following Terms of Use outline your obligations when using devsrv/nexuslab. You can also review our Privacy Policy outlining our obligations and practices towards handling any personal information that you may provide to us.
Reading and accepting the terms of use of this website are required considerations for the website granting you the right to visit, read or interact with it. All persons are denied access to this website unless they read and accept the terms of use.
1. Proprietary Rights
The website, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the website, its content or services. You may not copy or modify the HTML code used to generate web pages on the website. You may not use the website, its content or services on or in connection with any other website, for any purpose.
2. Limited License
You may access and view the content on the website on your computer or other Internet-compatible device, and make single copies or prints of the content on the website for your personal, internal use only.
3. Prohibited Use
You may not commercially distribute, publish or exploit the website, or any content, code, data or materials on the website, unless you have received the express written prior permission of NexusLab. If you make other use of the website, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. NexusLab will enforce its intellectual property rights to the fullest extent of the law.
4. Trademarks
The trademarks, logos, service marks and trade names displayed on devsrv/nexuslab or on content available through it are registered and unregistered Trademarks of NexusLab and may not be used unless authorized by the trademark owner. NexusLab will enforce its Trademark rights to the fullest extent of the law.
5. User Information
In the course of your use of devsrv/nexuslab you may be asked to provide certain personal information to us. Our information collection and use policies of such personal information are set forth in our privacy policy, which is incorporated herein by reference for all purposes. You are responsible for the currency, accuracy and content of such information.
6. Linking to the Website
We may insist that any link to the website be discontinued, and we may revoke your right to link to the website from any other website at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.
7. Indemnification
You agree to defend, indemnify devsrv/nexuslab from any and all claims, liabilities, costs and expenses, arising in any way from your use of the website, your placement or transmission of any message through the website, or your breach or violation of these Terms of Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. Third Party Websites
You may be able to link from the website to third party websites and third party websites may link to the website (“Linked Sites”). You acknowledge and agree that NexusLab has no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
9. Copyright Agent
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below. The notification in order to be effective must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or the material that is claimed to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
- Information that is reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information contained in the notification is truthful and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. DISCLAIMER OF WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. NEXUSLAB 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 SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT AND DO NOT GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
11. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NEXUSLAB, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO NEXUSLAB FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
12. Termination
We may terminate, change, suspend or discontinue any aspect of the website or its services at any time. We may restrict, impose limits on, suspend or terminate your access to the website and/or its services or features. NexusLab maintains a policy that provides for the termination in appropriate circumstances of the website use privileges of users who are repeat infringers of intellectual property rights.
13. Miscellaneous
The Terms of Service and the relationship between you and us shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of California, County of California. 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. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. Changes to Terms of Service
NexusLab reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.
