Terms of Service
The following terms and conditions govern all use of the Nimbus Website, the Nimbus Frame and the Nimbus Service. Before using any of the Nimbus Frame services, you are required to read, understand, and agree to these terms.
ACCEPTANCE OF TERMS.
The web pages available at NimbusFrame.net/com and linked pages controlled by Nimbus (“Site”), are owned and operated by Nimbus, Ltd., a Colorado limited liability company (“Nimbus”) and are accessed by you under the Terms of Service described below (“Terms”).
Please read these terms carefully before using the services. By accessing the site, setting up an account, viewing any content or using any services available on the site (as each is defined below) you, as well as any minor under your care and control, agree to be bound by these terms.
As a condition to using the Frame (as defined herein) or the Services (as defined herein), you are required to open an account with Nimbus and select a password and username, and to provide registration information. The registration information you provide must be 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 Nimbus account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the security of your account, the access to your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Nimbus of any unauthorized uses of your account, or any other breaches of security. Nimbus will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Services are available only to individuals who are at least 18 years old, or if under 18 years old, have been authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display media containing nudity and violence that may be offensive to some.
The Site provides a service (“Service”) that allows account holders (“Users”) to control, maintain, and configure Frame content. A Nimbus Frame (“Frame”) is a digital media display device that interfaces with the Service to allow media content to be displayed at the direction of the Users and Frame owner. The Service further allows a community of Users (both Frame owners and artists) to upload photographs and images, share images, comments, opinions and ideas. Users promote their work, participate in contests and promotions, access and/or purchase Services from time to time made available on the Site. Services include, but are not limited to, any service and/or content Nimbus makes available to a User or performs for a User, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, video, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Nimbus. You agree to allow Nimbus access to your Frame in order to troubleshoot any system-wide, or User specific, malfunction, problem, or system update required, as determined in the sole discretion of Nimbus. Nimbus reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Nimbus may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Content and you are directed to retain your own copies of all Content posted on the Site.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Nimbus are entirely responsible for all Content that you post, upload, or otherwise submit to the Site. Nimbus does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
By using the Service, you are granted a limited, one-time, non-exclusive, non-transferable right to use the Content. You agree that you have no right to copy, reproduce, transmit, distribute, or create derivative works of such content or information in violation of the rules of these Terms.
By posting, storing or transmitting any content on the Nimbus website, you hereby grant Nimbus a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Nimbus. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person, alive or dead.
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.
- For any purpose that is not permitted under the laws of the jurisdiction where you use the Services.
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any person.
- To create or transmit unwanted ‘spam’ to any person or any URL.
- To post copyrighted Content which doesn’t belong to you, unless you have verifiable permission from the content owner to post, and shall provide proof of same to Nimbus upon demand.
- With any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
- With any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
- To artificially alter vote counts, ratings, comments, or for the purpose of giving or receiving money or other compensation in exchange for votes, ratings, or for participating in any other organized effort that in any way artificially alters the results of Services.
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- To promote or sell Content of another person.
- To sell or otherwise transfer your profile.
To disrupt the use and enjoyment of any other party using the Services.