Please read this Agreement carefully before accessing or using the Platform . By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Nive GmbH, acceptance is expressly limited to these terms.
- Disclaimer of Warranties. The Platform is provided “as is”. Nive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nive nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
- Limitation of Liability. In no event will Nive, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Nive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Platform will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Termination. For the prototype phase Nive may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your nive.co account (if you have one), you may simply discontinue using the Website or delete your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Changes. Nive reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Nive may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Copyright Infringement and DMCA Policy. As Nive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material hosted on any nive.io subdomain violates your copyright, you are encouraged to notify Nive with a DCMA notice. Nive will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nive will terminate a visitor’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nive or others. In the case of such termination, Nive will have no obligation to provide a refund of any amounts previously paid to Nive.
- Intellectual Property. This Agreement does not transfer from Nive to you any Nive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nive. nive.io subdomains are provided as part of the service. The use of a nive.io subdomain does not grant you any rights for this particular subdomain.