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Nabbr Terms of Service
Welcome! By using the Nabbr.com web site (“Service”) and all services of Nabbr, Inc (“Nabbr”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Nabbr reserves the right to change, modify, add, or remove portions of these Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your binding acceptance of such changes. For any material changes to these Terms of Service, such amended terms will automatically be effective thirty days after they are initially posted on the Nabbr web site. You can review the most current version of the Terms of Service at any time at: http://docs.Nabbr.com/about/terms-of-service/
Violation of any of the terms below will result in the termination of your Account. While Nabbr prohibits certain conduct and content on the Service, you understand and agree that Nabbr cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
User Requirements
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person. A single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. Nabbr cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Widget Subscription Terms
Nabbr allows you to subscribe to widgets and place them on your blogs and other web pages you own.
1. You may only place a widget that you subscribe to onto sites that you own. For example, you cannot post a widget to an online forum.
2. You may not give the widget to other people to place on their sites.
3. If Nabbr determines that a widget you subscribe to is being used on any web site not owned by you, Nabbr reserves the right to disable both the widget subscription and your account EVEN IF YOU DID NOT CAUSE OR AUTHORIZE THE OTHER USAGE (e.g., the owner of the other site has taken the widget code without your consent).
4. The developer of a widget may have their own terms of usage for subscribing to their widget. Such terms may be presented at the time you subscribe to it.
5. Nabbr cannot and will not be liable for any loss or damage from use of the subscribed widget, whether it be on a site you own or someone else’s site.
API Terms
Customers may access their Nabbr account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Nabbr, is bound by the terms of this agreement plus the following specific terms:
1. You expressly understand and agree that Nabbr shall not be liable 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 Nabbr has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Nabbr via the API may result in the temporary or permanent suspension of your account’s access to the API. Nabbr, in its sole discretion, will determine abuse or excessive usage of the API. Nabbr will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Nabbr reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Cancellation and Termination
1. You are solely responsible for properly canceling your account and receipt of the Service. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides simple questions as well as the cancellation link.
2. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. Nabbr, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Nabbr service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Nabbr reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Nabbr reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason, with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Nabbr Site (www.Nabbr.com) or the Service itself.
3. Nabbr shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
2. Nabbr and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
3. By submitting content on the Nabbr web site, you hereby grant to Nabbr solely as necessary to provide the content through the Service, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your content on the Nabbr web site.
Disclaimer, No Warranties
NABBR AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH NABBR ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NABBR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NABBR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN NABBR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NABBR OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NABBR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NABBR NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF NABBR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OTHER ACQUISITION OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Without limiting the foregoing, under no circumstances shall Nabbr 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.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NABBR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON NABBR , OR ANY OTHER INTERACTIONS WITH NABBR , EVEN IF NABBR OR A NABBR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NABBR ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL NABBR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER NABBR MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN NABBR AND RECEIVED THROUGH OR ADVERTISED ON NABBR OR RECEIVED THROUGH ANY LINKS PROVIDED ON NABBR.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is not guaranteed. We will attempt to respond to emails, but we cannot guarantee the time period or a response at all. There will be no phone support available.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Nabbr, or any other Nabbr service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Nabbr.
5. We may, but have no obligation to, remove any content or Account containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Nabbr customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Nabbr) of other Nabbr customers, we reserve the right to immediately disable your account or throttle your widget serving until you can reduce your bandwidth consumption.
11. Nabbr does not warrant that (i) the service will meet your specific 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 Service will be corrected.
12. The failure of Nabbr to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Nabbr and govern your use of the Service, superceding any prior agreements between you and Nabbr (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to support@Nabbr.com.
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