Terms & Conditions
- ACCEPTANCE OF TERMS
By accessing the Nect Inc. Website (“the Website”) and App (“the App”) you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
You agree that we may modify these Terms and Conditions of Use at any time. Your continued use of the Website and App following modification of these Terms and Conditions of Use will signify your acceptance of the modification. Notwithstanding the aforesaid, for any material changes, we will seek your consent to the extent required by law.
- ELECTRONIC COMMUNICATION
The communications between you and Nect Inc. are electronic. You consent to receive communications from Nect Inc. in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
- YOUR CONDUCT
- PROPRIETARY MATERIAL
The Nect Website and App and the Materials are protected by U.S. and international copyright and trademark laws and treaties. They contain copyrighted material as well as, trademarks and other proprietary information of Nect Inc. and others, including its customers, suppliers or affiliates (the “Marks”) which may include, but is not limited to text, data, photos, audio, video, graphics, images, music, sound and software. You may not reproduce, distribute, sell, assign, license, modify, adapt, create derivative works of, display, use or in any way exploit the Materials, in whole or in part, or translate, decompile, reverse engineer or attempt to reverse engineer the App, without the advance written consent of Nect Inc. or in the limited manner expressly provided for in these Terms and Conditions.
You may not display or use the Marks without our advance written consent. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing any Marks without our advance written consent. You may not remove or otherwise modify any trademark notices from any Materials.
Commercial use of any of the Marks, Materials or the App, is strictly prohibited. You may not display the Website or the App in frames, or any of the Materials via links, without our express written permission, which may be requested by contacting us.
- DIGITAL MILLENNIUM COPYRIGHT ACT
Nect Inc. expects its users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and it is our policy to restrict the access rights of repeat infringers. If you believe a work protected by a U.S. copyright you own has been posted without authorization, you may notify the Nect Inc. copyright agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner,
- Identification of the copyrighted work or works claimed to have been infringed,
- A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material PTEG Appears,
- Your address, telephone number and e-mail address,
- A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, and
- A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
The Nect Inc. copyright agent can be reached at Nect Inc. ℅ Lucas Michels, Ironmark Law 2033 Sixth Avenue, Suite 350, Seattle, Washington 98121.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Nect Inc. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you want to terminate your legal Agreement with Nect Inc., you may do so by: (a) notifying Nect Inc. at Nect Inc., 107 Spring St, Seattle WA 98121, USA or (b) closing your account.
Nect Inc. may terminate your right to use the Website and the App at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Nect Inc. may exercise this right to terminate your right to use the Website or the App include, without limitation: (a) you have breached any provision of these Terms and Conditions; (b) you have engaged in conduct which Nect Inc., in its sole discretion, considers to be unacceptable; (c) Nect Inc. is required by law to do so; or (d) Nect Inc. no longer provides the Website and/or the App in the location in which you reside.
The provisions relating to Proprietary Materials, Disclaimer of Warranties and Limitation of Liability, Indemnification, and General shall survive any termination.
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
NEITHER NECT INC. NOR THE ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, FOR PERSONAL INJURY, DISEASE OR DEATH, LOSS OF PROFITS, GOODWILL OR DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES, (EVEN IF THE PARTIES ENUMERATED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (A) THE USE OR INABILITY TO USE THE WEBSITE OR THE APP, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE OR (B) INFORMATION OR MATERIALS AVAILABLE OR ACCESSIBLE THROUGH THE WEBSITE AND/OR THE APP. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THE WEBSITE OR THE APP RESTS WITH YOU, AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY, DISEASE OR DEATH THAT MAY RESULT FROM YOUR USE OF SUCH MATERIAL. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY HARM UNDER THIS AGREEMENT SHALL BE TO CEASE USING THE WEBSITE OR THE APP.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER OR LIMITATIONS MAY NOT APPLY TO YOU AND THEIR APPLICABILITY SHALL BE LIMITED TO THE MINIMUM PERMITTED BY LAW.
You agree, at your expense, to indemnify, defend and hold the Nect Inc. Parties from and against all claims, losses, expenses, damages and costs (collectively, “Damages“), including reasonable attorneys’ fees, arising out of your use of the Website and the App, including but not limited to the unauthorized use of your id or password, material you access, download, submit, post, transmit or make available through the Website and the App, your violation of these Terms and Conditions and your violation of any rights of any third party. Nect Inc. shall have the right to be represented by, and have counsel appear, at its own expense, with respect to any such claim. You may not, without the prior written consent of Nect Inc. (which such consent shall not be unreasonably withheld) settle a claim, if such a settlement: (a) includes any payment of monetary damages by Nect Inc. or injunctive relief binding on Nect Inc.; (b) includes an admission of liability by Nect Inc., or (c) does not include a release of Nect Inc. from all further liability with respect to such claim.
- MOBILE APPLICATION
You acknowledge that the terms of your agreement with your mobile network provider will continue to apply when using the App. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of your connection to the App. You accept responsibility for such access charges or any other charges that may be imposed by parties other than Nect Inc.
Nect Inc. will use reasonable efforts to make the App available at all times. However, you acknowledge that the content conveyed through the App is provided via the Internet and mobile networks and thus the quality and availability of the connection may be affected by factors outside the reasonable control of Nect Inc..
Thw App may be upgraded from time to time to add support for new functions and services.
- QUESTIONS OR COMMENTS
Nect Inc. welcomes questions and comments about these Terms and Conditions. Questions or comments should be directed to Nect Inc., 107 Spring St, Seattle WA, 98104
Effective Date: 06 October 2015
Last modified: 06 October 2015