Terms and Conditions of Use
Last Updated: April 1, 2015
"Graphics" includes all logos, buttons, and other graphical elements of the Services, including but not limited to the color combinations and the page layout of the Services, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
"Text" includes all text on every page or screen of the Services, whether editorial, navigational, or instructional.
“User” or “Users” means the individuals or entities accessing or utilizing the Services.
II. Use of the Services
Use of the Services requires registration. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Services by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. By registering for an account, you grant us permission to send non-essential emails and other material to you via email. You may unsubscribe from these emails at any time.
Restrictions on Use of the Services
III. Monitoring Of Information
We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information utilized in the Services may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Services.
Nfoshare does not assume any obligation to review or monitor the content or other information submitted to the Services. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Services for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Services for any reason whatsoever.
IV. Information You Provide to Nfoshare via the Services
If you choose to provide any personal information to us via the Services, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.
In order to facilitate communications between you and Nfoshare, the Services offer you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Nfoshare shall have no liability whatsoever for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
Limitations on Information Submitted or Posted to the Services
You are prohibited from posting, sending, submitting, publishing, or transmitting in connection with the Services any material that is unlawful or for illegal activity. You specifically agree not to use the Services to do any of the following:
- Post or transmit content that is unlawful, harmful, threatening, abusive, bigoted, sexually explicit, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, spam or otherwise unlawful;
- Post or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, intercept, destroy or limit the functionality of any computer software or hardware or telecommunications or otherwise disrupt the normal flow of communications or affect the ability of others to engage in activities via the Services;
- Post or transmit copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner) or other material that infringes on the intellectual property rights of others, including but not limited to trademark, patent, trade dress or trade secret rights, or any other marks;
- Post or transmit personally identifiable information about others (unless you have the owner's permission to post such information);
- Post or transmit information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
- Post or transmit information which impersonates another person, whether living or dead, misstates the identity of any person, or misstates or misleads as to gender or age or identity;
- Advocate illegal activity or an intention to commit an illegal act;
- Post or transmit content that constitutes a “pyramid” or similar scheme, or solicit money, investments or make any offering of securities or investment;
- Advertise or otherwise engage in any commercial endeavor without Nfoshare’s explicit, written permission; and/or
- Utilize any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
Rights to Information
Any information, materials, suggestions, ideas or comments you send to us (the “User Content”) will be deemed non-confidential, and by submitting or posting it, you are granting us an irrevocable, transferable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you, subject to the Privacy Notice.
V. Procedure for Making and Responding To Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Nfoshare’s designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Services, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nfoshare to locate the material; (4) information reasonably sufficient to permit Nfoshare to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:By mail:
49 Savoy Road, Newark, DE 19702
Attention: Legal Department By Email:
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
VI. Intellectual Property
VII. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and the obligations and liabilities of us in respect of your use of the Services, is expressly limited as follows:
Notwithstanding the presentation of, or links to, any third party information or website in the Services, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from or via the Services. Access to third party websites from the Services is done at your own risk.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ITS CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Your use of THE SERVICES and reliance on any of its content is at your own risk.
Nfoshare does not warrant that the functions or content contained in the Services will be uninterrupted or error-free. You and not Nfoshare assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of THE SERVICES or its content. Nfoshare DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THe SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THe SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND Nfoshare MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME.
NEITHER Nfoshare NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Nfoshare AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Nfoshare IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF Nfoshare TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES OFFERED ON THE SERVICES OR U.S. $100.00.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Nfoshare, and each of its officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Services or (2) the use of any information accessed by you from or via the Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
VIII. Viruses and Transmission of Sensitive Information
Nfoshare cannot and does not guarantee or warrant that the materials contained on this Services will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Nfoshare does not assume any responsibility or risk for your use of the Internet, nor does Nfoshare assume any responsibility for any products or services or hyperlinks to third parties.
IX. General Information
Miscellaneous. We do not represent that materials on the Services are appropriate or available for use in your location. Persons who choose to access the Services do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 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 Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law. Your use of the Services and any dispute arising out of or in connection with the Services shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing the Services, you agree that any action or proceeding arising out of or in connection with the Services shall be brought solely in a court of competent jurisdiction sitting in the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.