| TOS: |
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE This document defines the nimbrung.net Terms of Service ("TOS"). The TOS comprises the entire agreement between the individual or company registering a nimbrung.net account ("User") and nimbrung.net, Inc ("nimbrung.net"). By registering an account at the nimbrung.net site, you agree with the terms and conditions of the TOS.
2. MODIFICATIONS TO TERMS OF SERVICE nimbrung.net may change the terms and conditions of the TOS without prior notice nor posterior notification to User. Changes to the TOS will be signaled to the user upon login at the nimbrung.net site on a good faith principle.
3. SERVICE DESCRIPTION nimbrung.net provides a hosted blog service. A hosted blog service is composed of two parts: (i) Web application for online editing of blog contents. (ii) Hosting of the webserver needed for publishing the weblog content. The provided service allows for editing and publishing of the blog content, namely: posts, categories, photo albums, post/photo comments, blogrolls, personal profiles. Storage or bandwidth limits are applied to content, according to account levels, further described in the pricing policy.
4. MODIFICATIONS TO SERVICE nimbrung.net may change the provided service without prior notice nor posterior notification to User. Changes to the service will be signaled to the user upon login at the nimbrung.net site on a good faith principle.
5. USER IDENTIFICATION nimbrung.net identifies User by the provided email and password provided during registration phase. After successfull login, all actions are considered to be taken by User. 5a. The guarantee of confidentiality of the email and password used to login at nimbrung.net is sole responsability of User. 5b. In the event of loss of the password by User, nimbrung.net may send a password recovery message to the email provided during registration. The guarantee that only User may read this message is the sole responsability of User.
6. PRIVACY POLICY Data submitted during registration and other personal data is subject to the nimbrung.net general Privacy Policy. The terms of the nimbrung.net Privacy Policy are incorporated into this TOS by reference.
7. CONTENT OWNERSHIP 7.1 LICENCE TO REPRODUCE Content published by the User via nimbrung.net's services is owned by User. Usage of User's content by nimbrung.net is allowed for marketing purposes, unless said content is marked as private. 7.2 INDEMNITY You agree to indemnify and hold nimbrung.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 7.3 CENSORSHIP Content published by User is not pre-screened by nimbrung.net. nimbrung.net shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by User. 8. ADVERTISERS nimbrung.net is authorized to insert advertisement into content pubilshed by User. Advertisement shall take the form of advertisement banners, as defined by Interactive Advertising Bureau (http://www.iab.net/). Advertisement shall be clearly marked as such in published pages. 9. PRICING POLICY The pricing policy defines nimbrung.net account types. Account types feature different limits on: (i) Access to nimbrung.net features, (ii) Storage limits for data stored in nimbrung.net servers, (iii) Bandwidth limits for data transferred out of nimbrung.net servers. The current pricing policy is documented in the nimbrung.net site, under the address "http://www.nimbrung.net";. The pricing policy may change without prior notice or posterior notification to the User.
10. 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. nimbrung.net 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) nimbrung.net WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, nimbrung.net IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. nimbrung.net DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET YOUR SPECIFIC 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT nimbrung.net 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 nimbrung.net 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.
12. 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 10 AND 11 MAY NOT APPLY TO YOU.
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