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NAFELLA
LLC
TERMS AND CONDITIONS
OF SERVICE
Nafella LLC (Nafella) provides private web based membership services directly to the
individual user through
its proprietary web applications (Nafella Web Applications), including
Nafella Personal Assistant, Nafella Memory Keeper, Nafella WebPub and other applications that Nafella may develop or
acquire now and in the future (the "Service"). Nafella provides all its services subject to the
following Terms and Conditions which may be updated by Nafella
frequently without notification to our customers.
By registering or subscribing with
Nafella, you accept the following terms and
conditions of service and are subject to all posted guidelines and
rules applicable to all Nafella services and applications developed or used by you. By
accepting the terms and conditions of Nafella you agree not to
violate member rules as posted below. As Nafella develops new
services, new terms and conditions may be posted as applicable.
Should you object to the posted or subsequently modified Terms and
Conditions, or if you become dissatisfied with Nafella services, your
only recourse is to immediately discontinue use of Nafella membership
(see Account Termination)
1. DESCRIPTION OF NAFELLA SERVICE
Nafella provides individual users with access to a
private and personalized member space on Nafella.com with access to various communications tools, forums,
advertising services and personalized content through its network of
proprietary properties which may be accessed through any various
medium or device now known or subsequently developed (the
"Service"). By accepting the Terms and Conditions of
Nafella member services, you understand and agree that:
- The Service may
include advertisements and that these advertisements are necessary for
Nafella to provide the Service.
- The
Service may include communications such as Nafella service
announcements, administrative messages and the Nafella Newsletter, and
that these communications are considered part of Nafella membership and
you will not be able to opt out of receiving them.
- All and any new features that augment or enhance the current
Service, including the release of new Nafella properties, shall be
subject to the Terms and Conditions.
- The Service is
provided "AS-IS" and that Nafella assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
- You are solely responsible to
evaluate and bear all risks associated with the use of any content
shared, posted or made available to you through your member
space, and that under no circumstances will Nafella be liable in any
way for any content or for any loss or damage of any kind incurred
as a result of the use of any content posted, emailed or otherwise
made available via the Service.
- Nafella does not pre-screen or
approve content, but that Nafella shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any
content that is available via the Service, for violating the letter
or spirit of the Terms or for any other reason.
- Nafella is concerned about the
safety and privacy of all its users, particularly children.
Membership areas on the Service can be accessed by youth younger
than 18 years of age and for this reason, parents of children
younger than 14 may create a Nafella Family Account and give
permission to minor children to use the Service.
2. REGISTRATION OBLIGATIONS
To use the Nafella member Service, you represent
that you
- Are 18 years of age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction.
- Agree to a) provide true, accurate,
current and complete information about yourself as required by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
- If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Nafella has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Nafella has
the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
- Understand and bear the
responsibility as parent or legal guardian to determine and bear the
risks associated with membership on the Service for your minor
child. For this reason, parents and legal guardians of children under the age of 14 who
wish to allow their children access to the Service may create a Nafella
Family Account. When you create a Nafella Family Account and add your
child(ren) to the account, you certify that you are at least 18 years old and
that you are the legal guardian of the child/children listed on the
Nafella Family Account. By adding a child to your Nafella Family Account,
you also give your child permission to access many of the Services
including email, message boards, and instant messaging (among others).
Please remember that the Service is designed to appeal to a broad
audience. As the legal guardian, you are responsible to determine whether any of the Services and/or
Content are appropriate for your child.
- Are a member of a Nafella space and
that you are responsible for your behavior and of those you invite
into your space. All invited participants who do not
register with or subscribe to Nafella are also subject to the same
Terms and Conditions as registered or subscriber members
3. NAFELLA LLC PRIVACY POLICY
Please visit the Nafella
LLC Privacy Policy for details and full information. Registration Data and certain other information
Nafella requested from you is subject to the Nafella Privacy
Policy. You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing, and use by
Nafella and its affiliates.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completion of the Nafella
Registration and/or Subscription process, you will receive a login, password and
membership account space. You agree that
- You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or
account.
- You will immediately notify
Nafella of any unauthorized
use of your password or account or space and any other breach of
security
- You will exit completely (log out) from your account at the end of each
session to protect your Nafella account.
-
Nafella cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 4.
5. MEMBER CONDUCT
As a member of the Service, you
understand and agree that:
- You, not Nafella, are entirely
responsible for all content that you upload, post, email, transmit
or make available via the Service.
- You are responsible to evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content that you or your invited space participants
upload, post or transmit or make available via the Service. In this regard, you acknowledge that you may
not rely on any Content created by Nafella or submitted to Nafella,
including without limitation information in Nafella Message Boards, and
in all other parts of the Service.
- "Content" is defined as
all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials publicly posted or privately transmitted,
from or to your member space and is the sole responsibility of the person from which such Content
originated.
- Nafella does not control the
Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content.
- By
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Nafella be liable
in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
- Nafella may or may not pre-screen
Content posted via the Service. Nafella and its designees
reserve the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any
Content that is uploaded, posted, transmitted or made available via the Service.
- Nafella and its designees reserve
the right, in addition, to remove any Content that violates the
Terms and Conditions or is otherwise objectionable.
-
Nafella may access, preserve,
and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms and
Conditions as set out here;
- respond to claims that any Content violates the
rights of third-parties;
- respond to your requests for customer
service; or
- protect the rights, property, or personal safety of
Nafella, its users and the public.
In consideration of use of the Service
you also agree not to upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. You agree not to:
- upload, post, email, transmit or
make available Content that is pornographic or depicts a human being
engaged in sexual conduct including but not limited to a) sexual
intercourse including genital-genital, oral-genital, anal-genital,
or oral-anal, whether between persons of same or opposite sex, or b)
masturbation, or c) sadistic or d) masochistic abuse or e)
bestiality or f) lascivious exhibition of genitals or public area or
any person;
- harm minors in any way and/or
knowingly invite others into your space who are known offenders/or
are known to be harmful to other members in the Nafella Web
applications space as included, but not limited to, item 1;
- harass, degrade, intimidate,
threaten an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age or
disability;
- impersonate any person or entity,
including but not limited to, a
Nafella official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
This provision includes but is not limited to collecting, sharing,
transmitting, uploading, posting, emailing personal or identifying
information about another person without that person's explicit
consent.
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- upload, transmit, post or otherwise
make available any Content that is false, deceptive, misleading,
deceitful, misinforming or constitutes "bait and switch"
- upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships. This includes
but not limited to inside
information, trade secrets, copyrights, trademarks, patent or proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements or rights of any party.
- upload, post, email, transmit or otherwise make available
through your member space or on Nafella message boards and chat
rooms any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in designated advertising spaces (please read the Nafella Spam
Policy);
- upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment including but not limited to automated
means such as spiders, robots, crawlers, data mining tools, or the
like to download data from the Service;
- disrupt the normal flow of dialogue
with excessive number of messages, repeatedly post the same or
similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure, cause a screen to
"scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects other
users' ability to use the Service in any way;
- interfere with or attempt to gain
unauthorized access to Nafella networks, computers, servers or
Service, or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization designated by the United States
government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
- contact anyone who has requested or
does not wish to be contacted or invited into your member space, "stalk" or otherwise harass another; and/or
collect or store personal information about other Nafella users in connection
with the prohibited conduct and activities set forth in paragraphs 1
through 14 above
You acknowledge and understand that the technical processing and transmission of the
Service, including your Content, may involve transmissions over
various networks and changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials to
be protected, and use of these materials is subject to usage rules set
by Nafella and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided on
the Service, in whole or in part, is strictly prohibited.
6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
7.
CONTENT
"Content" is defined as all
information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials publicly posted or privately
transmitted from or to your member space. "Publicly
accessible" areas are defined as areas on Nafella Power Hub that
are intended by Nafella to be available to the general public, including
but not limited to, Nafella message boards, Nafella Circles and portions
of Nafella Web Applications that are open to members and
visitors.
Nafella message boards, forums, chat
and emails that are intended for private member spaces are not part of
"publicly accessible" spaces.
Nafella does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant Nafella the following world-wide, royalty free
and non-exclusive license:
- to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of
providing and promoting the specific Nafella Web Applications to which such
Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Nafella Web
Applications removes
such Content from the Service.
- With respect to photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible area of the
Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or Nafella removes such
Content from the Service.
- With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly
accessible areas of the Service, the
perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format or medium
now known or later developed.
8. INDEMNITY
You agree to indemnify and hold
Nafella, 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
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the Terms and Conditions, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your Nafella I.D.), use of the Service, or access to the
Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that Nafella
has the right to establish, modify and change the general practices and
limits concerning use of the Service without notice. This includes without
limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on Nafella servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time.
You also agree that Nafella has
no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Nafella reserves the
right to log off accounts that are inactive for an extended period of
time.
11. MODIFICATIONS TO SERVICE
Nafella reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Nafella shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
12. TERMINATION
Nafella
reserves the right to modify or terminate Nafella services from time to time, for any
reason, and without notice, without liability to you, any other user or any third
party. We also reserve the right to modify these Terms and Conditions from time
to time without notice.
Please review these Terms of Service from time
to time so that you will be apprised of any changes. You
also acknowledge and agree that all terminations for
cause shall be made in Nafella's sole discretion and that Nafella shall
not be liable to you or any third-party for any termination of your
account, any associated email address, or access to the Service.
Nafella reserves the right, under certain circumstances and without
prior notice, to terminate your Nafella Web Applications
account(s) and any
associated access to the Service. Cause for such
termination shall include, but not be limited to:
- violations or breaches of the Terms
and Conditions or other incorporated agreements or guidelines,
including instances of engaging in fraudulent or illegal activities,
non payment of fees owed by you in connection with the Service
- requests by law enforcement or other government agencies,
- request by you (self-initiated account
deletions)
- discontinuance or
material modification to the Service (or any part thereof),
-
unexpected technical or security issues or problems,
- extended
periods of inactivity.
Termination of your Nafella account(s) includes
- removal of access to all offerings within the Service, including but not
limited to Nafella Circles ( Nafella message boards, chat
communications), Advertising and Alerts
- deletion of
your password and all related information, files and content associated
with or inside your account (or any part thereof), and
- barring
further use of the Service.
13. DEALINGS WITH ADVERTISERS
You acknowledge and agree that you are
wholly responsible for your correspondence or business dealings with,
and/or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services. Any terms,
conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Nafella shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
14. LINKS
Nafella or third parties or members you
have invited into your private member spaces may provide links to other
World Wide Web sites or resources. Because Nafella has no control over
such sites and resources, you acknowledge and agree that Nafella is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Nafella shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
15. NAFELLA LLC PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
("Software") used in connection with the Service contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws and international treaties. Content
displayed on or through the Service in sponsor advertisements or
information presented to you through the Service is protected by
copyright laws, trademarks, service marks, patents, proprietary rights,
laws and international conventions.
Unless expressly authorized by Nafella or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
Nafella grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer. You agree not to (and do not allow any third party to)
copy, modify, decompile, disassemble, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by Nafella for use in accessing
the Service.
Nafella is a registered mark in the U.S
Patent and Trademark Office
16. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NAFELLA 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.
- NAFELLA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
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.
- 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM NAFELLA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO
USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
NAFELLA SHALL NOT BE LIABLE TO
YOU 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 NAFELLA
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.
18. 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 17 AND 18 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any
member space, receive or request any
news, messages, alerts or other information from the Service or other
members on the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition, for
this type of information particularly, the phrase "Let the investor
beware" is apt. No Content included in the Service is intended for trading or
investing purposes. Nafella and its licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service or through member spaces
you have created or join, and shall not be
responsible or liable for any trading or investment decisions made based
on such information.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this
Terms and Conditions,
there shall be no third party beneficiaries to this Agreement.
21. NOTICES
Nafella may provide you with notices, including those regarding
changes to the Terms and Conditions, by either email, regular mail, or postings on the
Service.
22. TRADEMARK INFORMATION
The NAFELLA, Nafella PowerHub, Nafella
Web Applications, Nafella logo, NafellaCircles trademarks and service
marks and other Nafella logos and product and service names are
trademarks of Nafella LLC. (the "Nafella Marks"). Without
Nafella's prior permission, you agree not to display or use in any
manner, the Nafella Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
Nafella respects the intellectual property of others, and we ask our
users to do the same. Nafella may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may
be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Nafella Copyright Agent the following information:
- an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
- a description of the copyrighted work or other intellectual
property that you claim has been infringed;
- a description of where the material that you claim is infringing
is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
Nafella's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail: Nafella LLC, 295 Princeton
Hightstown Road 11-152,
Princeton Junction, NJ 08550
By email: contactus AT Nafella DOT com
24. GENERAL INFORMATION
- The
Terms and Conditions constitutes the entire agreement
between you and Nafella and governs your use of the Service, superseding
any prior agreements between you and Nafella with respect to the Service.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other Nafella services, affiliate
services, third-party content, or third-party software.
- The Terms and Conditions and the relationship between
you and Nafella shall be governed by the laws of the State of New Jersey
without regard to its conflict of law provisions. You and Nafella agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Mercer, New Jersey.
-
The failure of
Nafella to
exercise or enforce any right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision. If any provision of the
Terms and Conditions is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions remain in full force and effect.
- You agree
that your Nafella account is non-transferable and any rights to your
Nafella I.D. or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
-
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 Service or the Terms and Conditions must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
- The section titles in the Terms and
Conditions are for convenience only and have no
legal or contractual effect.
24. VIOLATIONS
Please report any violations of the
Terms and Conditions to contactus AT Nafella DOT com
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Nafella Limited Liability
Corporation, 295 Princeton Hightstown Road 11-152,
Princeton Junction, NJ 08550
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