Terms of Use

Tryout Spikeflow

The following terms of contracts are between you and nSpike AB. nSpike operates at Kungsgatan 37 plan 2, 111 56 Stockholm, Sweden. www.nspike.com e-services (collectively the “Service”) are operations of nSpike AB. Your use of www.nspike.com is governed by nSpike AB with the following implications; you are also liable to the nSpike website together with sites (links) that are directed through www.nspike.com.

Please read the following terms of use of www.nspike.com; by doing so you agree to be bound by the terms of use presented below. However if you do not agree to these terms of use you are not allowed to use www.nspike.com or the services it offers.

  • You agree that you will not use www.nspike.com to violate any national, international, local, state law or regulation.
  • Modifications to Terms - Company may, in its sole and absolute discretion, change these Terms from time to time. Company will post notice of such changes on the Site. If you object to any such changes please restrain in using nspike services.
  • Flows and Submissions - Company does not claim ownership of any information, or other materials you submit or make available for inclusion on or through the www.nspike.com service. As between Company and you, you own all rights to your Flows and Submissions.
  • Spam - You agree that Company may terminate your nSpike Service immediately if a flow created on nSpike is found to be used inside an unsolicited e-mail.
  • Copyright Infringements - Company respects the intellectual property rights of others. Accordingly, Company has a policy of disabling access to any Submission that violates copyright law, suspending access to the nSpike Service to any user who uses the nSpike Service in violation of copyright law, and / or terminating in appropriate circumstances the account of any user who uses the nSpike Service in violation of copyright law.
  • Trademarks - nSpike is a registered trademark of Company. The nSpike logo is a trademark of Company. You are not authorized to use for your own benefit any such trademarks. And any other logos presented in the nSpike site. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
  • Termination - You agree that Company may terminate your nSpike Service membership or suspend your access to all or part of the nSpike Service, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the nSpike Service. You may discontinue your participation in and access to the nSpike Service at any time.
  • Modifications to nspike service - Company reserves the right to modify or discontinue the nSpike Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the nSpike Service.
  • Links - Company's provision of a link to any other website or Internet resource is for your convenience only and does not signify Company endorsement of such other website or resource or its contents. Company shall have no responsibility or liability for any information, software, or materials found at any other website or Internet resource.
  • No Resale of nSpike Service - You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the nSpike Service, use of the nSpike Service, or access to the nSpike Service.
  • Disclaimer of Warranties - YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE NSPIKE SERVICE IS AT YOUR SOLE RISK. THE NSPIKE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NSPIKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE NSPIKE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). NSPIKE MAKES NO WARRANTY THAT THE NSPIKE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE NSPIKE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND / OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NSPIKE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NSPIKE OR THROUGH THE NSPIKE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • Limitation of Liability - "UNDER NO CIRCUMSTANCES SHALL NSPIKE AB OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR NSPIKE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF NSPIKE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR NSPIKE SITE, FROM INABILITY TO USE THE SERVICES OR NSPIKE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR NSPIKE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR NSPIKE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE INFINITY BOX SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall nSpike AB or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  • 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 limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company. liability shall be the minimum permitted under such applicable law.
  • Indemnification - You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the nSpike Service, (b) your (or anyone using your account's) use of the nSpike Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.

UPDATE : November 01, 2007

 

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