Using Nexigram websites
Limited Authorization to Access and Use the Site
You may download, view, copy, or print information and documents published by Nexigram on the Site (the “Information”) only for private use or for non-commercial use within your organization, or if you are a Nexigram Partner, your or your customer’s organization, and solely to support Nexigram products and services. The information may not be altered or modified in any way. You agree that any download, copy, print, or use of the data by you will retain all copyright and other proprietary notices in the same form and manner as in the original. No other use of the information is authorized without prior written authorization from Nexigram. For the sake of clarity, “Information” does not include the design or layout of the Site, in whole or in part, or trademarks and service marks displayed on the Site.
Use of Software
Any software that could be made available to download within the Site (the “Software”) is the copyrighted work of Nexigram or its suppliers. Your use of the Software is subject to the terms of the software license agreement (the “License Agreement”) that accompanies or is included with the Software, service orders, and other terms and conditions that apply. You must read the License Agreement and confirm your agreement to its terms and conditions before installing or using the Software.
Nexigram may provide Online Communities and services related to those Online Communities such as forums, blogs, discussion groups, chat areas, newsgroups, or other messaging or communication functions. To the extent technically allowed by the Site, you agree to use the Online Communities only to upload, post, send, and receive messages (including feedback and suggestion), files, documents, graphics, images, and other content or materials (collectively the “Content”) that are related to the scope of the Online Community. Nexigram is not obligated to provide any technical support for the Online Communities.
You will use the Online Communities exclusively in a non-commercial manner. While Nexigram employees may provide Nexigram products and services in the Online Communities, the employees are not an official customer support channel. Any opinions expressed by them in the Online Communities are those of the author and do not necessarily reflect the views of Nexigram. Nexigram does not endorse, support, represent or guarantee the accuracy, reliability, or truthfulness of any Content or communications in the Online Communities. By using the Site, you understand that you may be exposed to content that might be harmful, offensive, inaccurate or otherwise inappropriate, or in some cases, content that has been mislabeled or is otherwise deceptive. Under no circumstances will Nexigram be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available by or through the Site.
Prohibited User Conduct
While using the Site, including services and features offered on or through the Site, you will not in whatever manner or form, directly or indirectly:
Use the Site or any Online Community in connection with, or for, surveys, contests, solicitation of funds, chain letters, junk email, spamming or any duplicative or unsolicited messages;
Upload Content that contains viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of the Site (or any part of it) or another’s (including Nexigram’s) computer or property;
Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other users;
Restrict or inhibit another user from using and enjoying the Site or any Online Community;
Transmit or facilitate the transmission, distribution or dissemination of any Content which is false or misleading; promotes bigotry, racism, hatred or harm against any group or individual; or is obscene or indecent;
Infringe another’s rights such as, but not limited to, intellectual property rights;
Falsify or delete any copyright management information, including material contained in a file that is uploaded;
Attempt to gain unauthorized access to part of the Site; another’s a user account, computer systems, or networks connected to a Nexigram server;
Attempt to damage, disable, overburden, or impair the Site or a Nexigram server or any network connected to a Nexigram server;
Download any file posted by another user that you know, or reasonably should know, cannot be lawfully reproduced, displayed, performed, and/or distributed in such manner;
Harvest or otherwise collect information about others, including email addresses or other personal information;
Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
Create a false identity to mislead others; or
Violate any applicable laws, regulations, or codes of conduct.
Right to Monitor and Remove Submissions
Nexigram reserves the right but has no obligation to monitor the Online Communities. Nexigram reserves the right to review any Content uploaded, posted, or sent and remove any Content at Nexigram’s sole discretion.
Nexigram does not claim title to or ownership of the content. However, by uploading, posting, sending or otherwise transmitting any Content to any part of the Site, including the Online Communities, or submitting any Content to Nexigram:
You grant Nexigram and any sublicensees elected by Nexigram a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such content (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights;
At Nexigram’s or sublicensees’ option, you agree to have your name published in connection with your content, or you agree to waive such right;
You warrant and represent that you own, control or have all the necessary rights to the content including, but not limited to, the privileges required to upload, post, send or otherwise transmit the content and to grant licenses and sublicenses such as those set forth above; and
Third-Party Websites, Content, and Services
Nexigram may make available a link to a third party’s website. Nexigram provides such links only as a convenience and does not endorse such linked Site or its use or Content. The linked sites are not under the control of Nexigram, and Nexigram is not responsible for the products, services, information, contents, or any form of transmission which may be provided by or through any linked site, any link contained in a linked site, or any changes or updates to such sites, even if owned by affiliates of Nexigram. Any reliance on the contents of a third-party site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
Export Control Restrictions
Any and all the Information (including the Software and Content) provided on the Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or any warranties regarding professional efforts, lack of negligence or non-infringement.
Nexigram makes no warranty that the Software, Information, Content, results, or materials that may be obtained from the use of the Site or any tools or services available or offered through the Site will be accurate or reliable; or the quality of any products or services described in the Site will meet your expectations.
The Content of the Site may include technical inaccuracies or typographical errors. Nexigram does not warrant that the electronic functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through the Site. Nexigram does not endorse and is not responsible for the accuracy or reliability of any Content on the Site or for any offensive, defamatory, obscene, unlawful or infringing content made thereon by anyone other than an authorized representative of Nexigram acting in his or her official capacity.
In the future, changes may be added to the information herein, but there will be no duty to update the Site. Nexigram may make improvements or changes in the products or programs described on the Site at any time without notice.
Limitation of Liability
Neither Nexigram nor any of its directors, officers, employees, or other representatives will be held liable for errors contained herein or for any direct, indirect, special, punitive, incidental or consequential damages such as, but not limited to, loss of data, loss of profits or revenues, loss of business, loss of reputation, or any economic loss arising out of, or in connection with the furnishing, the access, or use, or inability to use the Site, or reliance on any of the information provided or materials contained in the Site even if advised of the possibility of such damages. In no event will Nexigram nor any of its directors, officers, employees, or other representatives be held liable for or in connection with any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.
You and your organization agree to defend, indemnify and hold Nexigram, its directors, officers, employees, or representatives harmless from and against any and all claims, damages, expenses (including reasonable attorney fees), losses or liabilities arising out of or in connection with your access to or use of the Site, including the Online Communities. Nexigram reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
Claims of Copyright Infringement
Nexigram Digital Marketing Agency, Inc. Nexigram will investigate notices of copyright infringement and take appropriate actions under the Digital Act, Canada Code. Notifications of claimed copyrighted infringement (the “Notification”) must be submitted in writing to the following Designated Agent for the Site:
55 Village Centre Place,
Mississauga, ON, L5N 1V9
Applicable Law and Dispute Resolution
As between Nexigram and you, Nexigram owns and reserves all rights, title and interest in and to the Site, the Information, and the Content, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein.