NiceToga provides its services subject to certain terms and conditions, including the terms stated below. Your use of and/or registration on any aspect of http://www.nicetoga.com ("Web site") will constitute your agreement to comply with these terms of use along with terms and conditions of the NiceToga Privacy Policy. All such terms and conditions may be revised at any time and posted to the Web site. You are responsible for reviewing any such modifications. Continued access and use of the Web site constitutes your acceptance of any revisions to the Terms of Use and Privacy Policy. If you cannot agree with these rules, you cannot use the Web site.
Failure to abide by these terms of use can result in the suspension and/or termination of access to the Web site without notice or other ramifications determined by NiceToga.
1. Registration
As a condition of authorized use of the Web site you agree to: register with NiceToga by selecting a user name and password and providing accurate, current, and complete information. The user name cannot be offensive or obscene, cannot be the name of another person with the intent to impersonate, and cannot be a name subject to rights of another person without their consent. Failure to abide by these terms shall constitute a breach of this Agreement, and result in immediate termination of your account.
You are fully responsible for maintaining the confidentiality of your account information, and may not authorize others to use your account. Your account cannot be assigned, transferred, sold, or sub-licensed to any third party. Any attempt to do so shall constitute a breach of this Agreement, and result in immediate termination of your account.
You are fully responsible for all usage of your account including use of the account by any person with or without your authorization. NiceToga shall not be liable for any losses or damages incurred or inflicted by any unauthorized use of your account, and you may be liable for any losses or damages incurred or inflicted upon NiceToga or others due to such unauthorized use.
Services and registration are only available to individuals who are 13 years of age or older. If you do not meet these qualifications, do not attempt to register for or use the services offered by the Web site.
2. User Conduct
As a condition of authorized use of the Web site you agree not to:
i. place on the Web site or contribute to any content that is abusive, defamatory, obscene, pornographic, threatening, hateful, racist, or unlawful;
ii. harass, intimidate, impersonate, mistreat, or threaten Web site users or employees;
iii. interfere with the use and enjoyment of the Web site by others;
iv. alter, attack, inundate, interrupt, or interfere with the Web site, its systems, content, or other materials in any way;
v. place on the Web site or send to other users any content that is “spam”, “junk e-mail”, promotional offers, solicitations, or any advertising without the written consent of NiceToga;
vi. conduct any activity on the Web site or in relation to its use that violates any local, state, federal, national, or international laws, statutes, and/or regulations which subjects you to civil and criminal liability;
vii. place on the Web site or contribute to any content that may infringe upon any copyright, patent, trademark, trade secret, or other proprietary rights;
viii. place on the Web site or send to other users anything that contains viruses, adware, spyware, or any other computer programs designed to interrupt, destroy, or limit functionally of any computer or telecommunications software or hardware;
ix. make use of content obtained through the Web site for re-publication, distribution, aggregation, enhancement, or otherwise without the written consent of NiceToga;
x. alter votes through any organized effort or by giving or receiving money or other items in exchange for votes;
3. Site Content and Use
As a condition of authorized use of the Web site you acknowledge and agree to the following:
i. use of the Web site is at your own risk and you assume full responsibility for any harm or damages as a result of use;
ii. NiceToga does not review, verify, or endorse the content of sites linked off of the Web site and as such NiceToga will not be liable for any content that you may be exposed to that is indecent, offensive, inaccurate, or causes harm or damages;
iii. you will not post links or content to the Web site that you do not have the right to, and acknowledge that you are solely responsible and liable for any content that you post to the Web site along with any infringement or liability resulting;
iv. NiceToga shall not be liable for any virus, mal-ware, spyware, or other computer programs that may cause harm or damages as a result of using the Web site;
v. NiceToga assumes no liability or responsibility for any unauthorized access or use of our systems, Web site, or personal and financial user information;
vi. NiceToga does not review, verify, or endorse comments or statements posted to the Web site. This content is the responsibility and opinion of the person who posted them, and as such NiceToga shall not be liable;
vii. NiceToga has the right to change, add, or remove content at any time for any reason;
viii. information that is disclosed, posted, or uploaded by you is available and visible to the public;
ix. anything posted or uploaded by you to the Web site be it comments, files, or any other data is done so knowing that you grant NiceToga full authorized, royalty free, unrestricted use to display, distribute, modify, reproduce, sublicense, or any other use be it commercial or non-commercial;
x. NiceToga retains the right to remove users, their accounts, and/or content at any time for any reason without notice;
4. Warranty Disclaimer
THE CONTENT, SERVICES, AND MATERIALS PROVIDED BY OR THROUGH THE WEB SITE ARE ON AN “ASIS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEB SITE AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR ANY PERSONAL OR PROPERTITY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER OR OTHER EQUIPEMENT FROM USE OF THE WEB SITE. NICETOGA WILL NOT BE LIABLE FOR ANY DAMAGES STEMING FROM BUT NOT LIMITED TO VIRUS, MAL-WARE, SPYWARE, OR OTHER COMPUTER PROGRAMS THAT MAY CAUSE DAMAGE THROUGH USE OF THE WEB SITE. NICETOGA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS OR USE OF OUR SYSTEMS, WEB SITE, OR PERSONAL AND FINANCIAL USER INFORMATON.
NICETOGA MAKES NO WARRANTIES OR GUARANTEES OF ACCURACY OR AUTHENTICITY IN REGARDS TO THE WEB SITE CONTENT, OR CONTENT ACCESSED THROUGH THE WEB SITE. NICETOGA MAKES NO GUARANTEES OF SITE RELIABILITY OR AVAILABILITY. YOU FULLY RELEASE NICETOGA FROM ALL LIABILITY FOR DECENCY OF CONTENT ACCESSED ON OR THROUGH THE WEB SITE, AND ACKNOWLEDGE THAT SOME CONTENT MAY BE INAPPROPRIATE AND OFFENSIVE TO SOME. YOU FULLY RELEASE NICETOGA FROM ALL LIABILITY FOR COPYRIGHT COMPLIANCE. NO ADIVCE OR INFORMATION PROVIDED BY NICETOGA SHALL CREATE A WARRANTY.
5. Indemnification:
You agree to indemnify NiceToga and its affiliates, employees, officers, owners, agents, representatives, and third party service providers from any and all claims, damages, and liabilities including attorney fees resulting from your access or use of the Web site, unauthorized use of material, your violation of the Terms of Use agreement, or any third party use of your account.
6. Limitation of Liability
IN NO EVENT SHALL NICETOGA ITS AFFILIATES, EMPLOYEES, OFFICERS, OWNERS, AGENTS, REPRESENTATIVE, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, USE OR INABILITY TO USE THE WEB SITE, OR FROM UNAUTHORIZED ACCESS TO OR MODIFICATION OF DATA. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, OR DAMAGES, SO SOME OF THE ABOCE EXCLUSION MAY NOT APPLY TO YOU.