Nuuzit provides services to you subject to the following Terms of Service ("TOS"), which may be updated by Nuuzit from time to time without notice to you. You can review the most current version of the TOS at any time at: terms
By accessing and using the Nuuzit web site and services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using Nuuzit services, you and Nuuzit shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.
These TOS apply to all users of the service, including users who are contributors of content. Content includes the text, graphics, photos, sounds, music, videos, and other multimedia materials you may access through, or contribute to the service. The service includes all elements of Nuuzit, including but not limited to all upload, visualization, search, and rendering features of Nuuzit. You understand and agree that the Nuuzit services is provided "AS-IS" and that Nuuzit assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or configuration settings. You also understand and agree that the Nuuzit services may include advertisements necessary for Nuuzit to provide the services. The Nuuzit service may embed or contain links to third party web sites that are not owned or controlled by Nuuzit. Nuuzit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Nuuzit will not and cannot censor or edit the content of any third-party site. By using the Nuuzit service, you expressly relieve Nuuzit from any and all liability arising from your use of any third-party website.
In order to access some the features of the Nuuzit Service, you will have to create a Nuuzit user account. You may never use another user account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nuuzit immediately of any unauthorized use or breach of security of your account. Nuuzit will not be liable for your losses caused by any unauthorized use of your account. You may be liable for losses suffered by Nuuzit or others due to such unauthorized use.
In consideration of your use of the Nuuzit Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Nuuzit Services under the laws of the United States or other applicable jurisdiction. You also agree to provide and keep up to date, true, accurate, current and complete information about yourself as prompted by the Nuuzit account setup registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nuuzit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nuuzit has the right to suspend or terminate your account and refuse any and all current or future use of the Nuuzit Services.
Registration data and certain other information about you are subject to Nuuzit privacy policy. For more information, see the Nuuzit Privacy Policy at http://www.nuuzit.com/privacy. You also understand that through your use of the Nuuzit Services you consent to the collection and use of this information for storage, processing and use by Nuuzit and its affiliates.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Nuuzit, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Nuuzit Services. Nuuzit does not control the Content posted via the Nuuzit Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Nuuzit Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Nuuzit 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 via the Nuuzit Services. You agree to not use the Nuuzit Services to:
You acknowledge that Nuuzit may or may not pre-screen Content, but that Nuuzit and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Nuuzit Services. Without limiting the foregoing, Nuuzit and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Nuuzit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or safety of Nuuzit, its users and the public. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Nuuzit Services, in whole or in part, is strictly prohibited.
When you register with Nuuzit, you acknowledge that in using the Nuuzit Services to send electronic , you will be causing communications to be sent through Nuuzit's computer networks, portions of which are located in multiple locations in the United States and portions of which are located abroad. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Nuuzit Services and transfer, posting and uploading of software, technology, and other technical data via the Nuuzit Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, nor will you transfer software, technology, and other technical data via the Nuuzit Services to parties identified on such lists; (b) agree not to use the Nuuzit Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Nuuzit Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Nuuzit does not claim ownership of Content you submit or make available for inclusion on the Nuuzit Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Nuuzit Services, you grant Nuuzit the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Nuuzit Services are those areas of Nuuzit that are intended to be available to the general public.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Nuuzit through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Nuuzit is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Nuuzit shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Nuuzit may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Nuuzit without any obligation of Nuuzit to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Nuuzit under any circumstances.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Nuuzit, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Nuuzit Services.
You acknowledge that Nuuzit may establish general practices and limits concerning use of the Nuuzit Services, including without limitation the maximum length of text messages, number of email attachments, size of images or length of videos. You agree that Nuuzit has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Nuuzit Services. You acknowledge that Nuuzit reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Nuuzit reserves the right to modify these general practices and limits from time to time.
Nuuzit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Nuuzit Services with or without notice. You agree that Nuuzit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Nuuzit Services.
You may terminate your Nuuzit account, any associated email address and access to the Nuuzit Services by submitting such termination request to Nuuzit. You agree that Nuuzit may, without prior notice, immediately terminate, limit your access to or suspend your Nuuzit account, any associated email address, and access to the Nuuzit Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Nuuzit Services, (d) unexpected technical or security issues or problems, and/or (e) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Nuuzit's sole discretion and that Nuuzit shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Nuuzit Services. Termination of your Nuuzit account includes any or all of the following: (a) removal of access to all or part of the offerings within the Nuuzit Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Nuuzit Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Nuuzit Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Nuuzit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Nuuzit Services.
The Nuuzit Services may provide, or third parties may provide, links to other Web Sites or resources. You acknowledge and agree that Nuuzit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Nuuzit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Nuuzit Services and any necessary software used in connection with the Nuuzit Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Nuuzit Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Nuuzit or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Nuuzit Services, such Content or the Software, in whole or in part. Nuuzit grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Nuuzit Services. You agree not to access the Nuuzit Services by any means other than through the interface that is provided by Nuuzit for use in accessing the Nuuzit Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE NUUZIT SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE NUUZIT SERVICE. IMMEDIATELY DISCONTINUE USE OF THE NUUZIT SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE NUUZIT SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NUUZIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NUUZIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE NUUZIT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NUUZIT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE NUUZIT SERVICE.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Nuuzit may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Nuuzit Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Nuuzit Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Nuuzit Services in an authorized manner.
You agree that all of Nuuzit’s trademarks, trade names, service marks and other Nuuzit logos and brand features, and product and service names are trademarks and the property of Nuuzit Inc. (the "Nuuzit Marks"). Without Nuuzit's prior permission, you agree not to display or use in any manner the Nuuzit Marks.
Nuuzit respects the intellectual property of others, and we ask our users to do the same. Nuuzit may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nuuzit's Copyright Agent the following information:
Nuuzit's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
By email:
Entire Agreement. The TOS constitutes the entire agreement between you and Nuuzit and governs your use of the Nuuzit Services, superseding any prior version of this TOS between you and Nuuzit with respect to the Nuuzit Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Nuuzit Services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and Nuuzit each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Nuuzit, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Nuuzit agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Waiver and Severability of Terms. The failure of Nuuzit to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Nuuzit account is non-transferable and any rights to your Nuuzit ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nuuzit Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at .
Last updated January 01, 2011
