NEXD Terms & Conditions

Last updated: April 3rd, 2018

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with https://nexd.com/ website (and any of its associated subdomains) or https://www.nexd.com/ website (and any of its associated subdomains) (the “Service”) operated by NEXD OÜ (“us”, “we”, or “our”).

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

In addition to accepting the Terms & Conditions, you are also agreeing with our Privacy Policy that can be found HERE.

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes, and Promotions

Where relevant any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service by NEXD OÜ may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify (unless optimization, we require written permission from Customer), perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content, including any modified Content, you submit, post or display on or through the Service and you are responsible for protecting those rights. You are aware that the Service can modify the files for the purpose of optimizing them and making them lighter. The Service can in no way change the message, the layout or idea behind these files without the users’ actions.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You shall be solely responsible for any and all liability arising out of the using Content, except for modified Content by Nexd OÜ, and shall fully indemnify, defend and hold Nexd OÜ and his partners harmless against all claims, costs, expenses, fees, damages , losses demands, suits or liabilities of any kind (including reasonable legal fees) arising out of or in connection with the failure by You to comply with the aforementioned warrants.

User Generated Data

We reserve the right to collect and store user-generated data, in accordance with applicable data protection laws. We reserve the right to use this data for purposes including, but not limited to product and platform development/optimization, marketing, and promotional materials.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. In case of any breach of security, suspicion, incident or problem, you should immediately contact NEXD’s support email at [email protected] or via phone +372 52 17 057.

In case of security breach or result of unauthorized access made possible by user’s fault, NEXD OÜ will not be liable to the user.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of [email protected] and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users and Content modified by NEXD OÜ for Customer), features and functionality are and will remain the exclusive property of NEXD OÜ and its licensors. The Service is protected by copyright, trademark, and other laws of Estonia, European Union and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NEXD OÜ. Customer may refer to Nexd OÜ in its general marketing to clients and prospects.

Termination

We may terminate or suspend your account immediately, upon prior notice or liability, if you breach the Terms. We reserve the right to terminate your account, for any reason whatsoever, with 14 days prior notice.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

In accordance with Customer Advocacy standards, you can contact NEXD OÜ’s representative for deletion of all data associated with you and your organization. All data that can be associated to you, your uploaded data and logs of any activity done by your organization will be erased 30 days after receiving the Termination notice signed by your organization’s legal representative.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.