TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Products offered by ("Service") Nascor Technologies are provided as a service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time without notice
to you. All offered products are solely owned, operated, and maintained by Nascor
2. DESCRIPTION OF SERVICE
Service currently provides users with access to an on-line content management and communication system (the "Service"). Unless explicitly stated otherwise, any enhancement or augmentation of the current Service, will subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Nascor Technologies assumes no responsibility for the mis-delivery, timeliness, deletion and failure to store any user data, information, communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide timely, true, accurate, and complete information about yourself (such information being the "Registration Data") and update the Registration Data to keep it timely, true, accurate, and complete. Nascor Technologies has the right to terminate your account and refuse all current or future use of the Service (or any portion thereof) if there is any deviation from previous terms. Nascor Technologies is concerned about the safety and privacy of all its users.
Nascor Technologies is committed to respecting and protecting your
privacy. To that end, we have prepared a Privacy Statement to disclose
and describe our information gathering and dissemination practices
for the Web Site. Registration Data and certain other information
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a account login id and password after completing the Service's registration process. You are responsible for making sure the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify Nascor Technologies of any unauthorized use of your password or account or any other breach of security immediately, and ensure that you exit from your account at the end of each connection to Service. Nascor Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You must agree that all data, information, text, software, music, sound, photographs, graphics, video, messages, digital material or other materials ("Content"), whether publicly, privately posted, are the sole responsibility of the person from which such Content originated. Nascor Technologies does not control the Content posted via the Service and, as such, does not guarantee the timeliness, accuracy, completeness, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or displeasing.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful locally or abroad, questionable, unethical,
- hurt minors in any way;
- impersonate any person or entity,
- forge headers or identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including,
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Nascor Technologies does not pre-screen Content contained on any of its products, but that Nascor Technologies and authorized persons shall have the absolute right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the timeliness, accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Service or submitted to Service
You acknowledge and agree that Service may preserve Content and may also disclose Content if required by authorized person or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of Service, its users and the public.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
You must agree to comply with all local rules of your country of residency regarding online conduct and acceptable content. You must also agree to comply with all international applicable laws and the laws of the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Nascor Technologies does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available, you do not grant Nascor Technologies or any other users of System the world-wide, royalty free and non-exclusive license(s) of use for Content. Content submitted by you remains your property, but are agreeing to make it available for users of System.
With respect to photos, graphics, audio or video you submit, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Nascor Technologies removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed within Service.
You agree to indemnity Nascor Technologies reasonable legal fees regarding any legal proceedings made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You also agree to hold Nascor Technologies, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand.
10. NO RESALE OF SERVICE
You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Nascor Technologies may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on Nascor Technologies' servers on your behalf. You agree that Nascor Technologies 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 Service. You acknowledge that Nascor Technologies reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Nascor Technologies reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Nascor Technologies reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nascor Technologies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Nascor Technologies, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Nascor Technologies believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice or refund, and acknowledge and agree that Service may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Nascor Technologies shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 Nascor Technologes 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 Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Nascor Technologies has no control over such sites and resources, you acknowledge and agree that Nascor Technologies 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 Nascor Technologies 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.
16. NASCOR TECHNOLOGIES' PROPRIETARY RIGHTS
You understand and agree that the Service and any necessary software used in connection with the Service ("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 sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Nascor Technologies or advertisers, you agree not to lease, loan, sell, modify, rent, distribute or create derivative works based on the Service or the Software, in whole or in part.
Nascor Technologies does not grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a on any computer and that you do will not (and will not allow any third party to) copy, modify, create a derivative work of, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Nascor Technologies for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NASCOR TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. NASCOR TECHNOLOGIES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NASCOR TECHNOLOGIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NASCOR TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, 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 NASCOR TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Nascor Technologies and govern your use of the Service, superceding any prior agreements between you and Nascor Technologies. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Nascor Technologies shall be governed by the laws of the government of Manitoba, Canada. You and Nascor Technologies agree to submit to the personal and exclusive jurisdiction of the courts located within Manitoba. The failure of Nascor Technologies to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. 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 Service 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.
21. VIOLATIONS, QUESTIONS AND SUGGESTIONS
Please report any violations of the TOS to our corporate email address: