Last Updated: July 23, 2019
Welcome to niqē Web. These Terms of Services (the “Terms”, “TOS”, or “Agreement”) are a contract between niqē Web (“niqē Web”, “We”, “Our”, or “Us”) and You (“You” or “Your”) and govern Your use of all of the Services We offer. As such, please read these Terms carefully.
Your use of the main niqē Web website or Our other related channels from which We may operate, and Your use of any of Our Services (including without limitation the software, programs, code, technology, offerings, tools, plug-ins, components, upgrades, updates and all related applications, available now or in the future, collectively Our “Services”), whether such Services are accessed through the Site or via another point of access to Our Services, are subject to and conditioned upon Your assent to and compliance with these Terms.
If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or use any of Our Services. Use of Our Site or Services is void where prohibited.
niqē Web may make changes to the Services at any time. From time to time, niqē Web may amend this Agreement, in its sole discretion, by posting updated versions at https://www.niqeweb.com/terms and by notifying You either through a notice on the Site or by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to https://www.niqeweb.com/terms.
By using the Services after niqē Web has updated the Terms, You agree to all the updated Terms; if You do not agree to the new or different terms, You should not use or access the Site or the Services. You also acknowledge and agree that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Service (“Additional Terms”) that we may make available from time to time through our website, including any applicable limitations on damages and resolution of disputes. These expressly-designated legal Additional Terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
If You are not authorized nor deemed by law to have such authority, You assume sole personal liability for the obligations set out in this Agreement.
We provide various web solutions and products for Our clients, including but not limited to the following, each included as part of the Services that We offer: Responsive Website development (conversion and creation of responsive websites that work on desktop, tablet and mobile), Mobile Website development (mobile website conversion from existing desktop websites and mobile website creation), the niqē WebAPI (application programming interface for Responsive Website Builder and Mobile Website Builder), and niqē WebPro (The niqē Web Partner Program), and Website Personalization (inSite). You may use the Services for Your personal use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement. In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of data provided by third parties. It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access Our Site or the Services does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.
(b) Your Grant of Licenses to Us. By accessing the Site or using a Service, You hereby grant to niqē Web a world-wide, royalty-free, transferrable, sub-licensable and non-exclusive license to use, reproduce, modify, adapt and publish the Content for the purpose of, including but not limited to, displaying, distributing and promoting Your website(s), sharing or promoting niqē Web or a Service, and storing it on Our servers. This license exists only for as long as You continue to be Our client and shall be terminated only upon receiving written notice from You.
By submitting to Us Content for inclusion and/or display on your Website or any other Service, and by consenting via check-box or similar affirmative authorization for Us to display, and use such Content, You hereby grant to niqē Web a worldwide, non-exclusive, royalty-free, and transferable license (with right to sub-license) in its sole and absolute discretion, to use, reproduce, distribute and display as well as to grant or sell to third parties Your Content from time to time, now or anytime in the future, for any purpose including but not limited to sharing or promoting niqē Web or a Service, selling the Content or representations thereof to third parties, publishing Your Content within the niqē Web community or allowing niqē Web to display the Content even if Your website or your use of a Service is not active or has been deleted. For the avoidance of doubt, You agree and understand that You automatically forfeit Your right to any intellectual property rights in this Content and thus shall not be entitled to any license fee or any other compensation for niqē Web's or any third party's use of this Content.
In the case that You have submitted to Us Content for inclusion as described above, niqē Web may, in its sole and absolute discretion, use, reproduce, distribute and display Your Personal Data (as defined in section 8 below). niqē Web may use Personal Data which may include, but not limited to Your name, email, and hyperlink to your website as a means for Us to give You credit for the Content You have created.
Your use of the Services on the Site or from a Non-niqē Web Access Point that enables You to access and use the Services, including without limitation any offerings, programs, files, images, and data is licensed to You by Us or third-party licensors for Your personal use, commercial use or internal business use in the organization that You represent. You shall keep intact all copyright and other proprietary notices and Your use of such Service is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
We do not own nor do We claim ownership of the content submitted to be included in and/or displayed on Your responsive website, mobile website, or included/displayed in any other Service (as between you and us, “Your Content”). Your Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on any site you host via the Service. You are responsible for all of Your Content that is uploaded, posted, transmitted or otherwise made available via Our Services. We do not control Your Content or any Content You post via Our Services and You are responsible for any such Content that may be lost or unrecoverable through use of the Services. You are responsible for archiving and backing up Your Content regularly and frequently.
niqē Web’s Services allow You to import or link certain Content hosted on third-party websites into the Services. This third-party Content isn’t owned by niqē Web, and thus if it is no longer available or accessible to a user, then those portions of Your creation that reference such third-party Content will not work.
niqē Web does not warrant that any Content embedded in a website, either generated via automatic import, or placed manually by You, is licensed for use in Your jurisdiction. You are responsible for ensuring You have the appropriate licenses, usage rights or meet the requirements for Fair Use, and/or other laws and rights in Your jurisdiction, that may be required for using any Content.
Through Our Services, We may provide certain Content that is subject to proprietary rights of third parties. niqē Web shall have the right, at any time, at is sole and exclusive discretion to remove such Third-Party Content from the Services and/or disable access to Third-Party Content.
The following restrictions apply to all images made available to You via the Service.
You shall not use any image:
By using the Services, You may be exposed, and hereby assume all associated risks of being exposed, to Content that You may find offensive, indecent, harmful, inaccurate, deceptive or objectionable. Under no circumstances will We be liable for Your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service.
We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public
niqē Web SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO ANY CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO niqē Web, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU.
Some functions of the Services require registration, and as part of the process You will be requested to provide certain information, including among others: Your name, email address, company name, field of business and website URL (“Registration Data“).
By using the Services, You agree to:
You represent that any communications and all other activities through use of Your Registration Data were sent or authorized by You, and You agree and understand that You are fully responsible for all activities that occur under Your Registration Data.
The sending of unwanted messages from one user to another is strictly forbidden. Personal Data of another user obtained through Your use of the Site or the Services may only be used by You for the purpose for which such information was provided to You and strictly in accordance with this Agreement, or otherwise subject to such user’s prior written consent.
We may, in Our sole discretion and without notice or liability to You or any third party, immediately suspend or terminate Your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of Your Registration Data, violation of the letter or spirit of this Agreement, providing content including without limitation Registration Data that is inappropriate or offensive in Our discretion, or if We have reasonable grounds to suspect any of the Registration Data that You provided is inaccurate, not current or incomplete.
You declare that by providing Your Registration Data to Us, You hereby consent to, Us sending, and You receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to Your use of the Site, the Services and related services, including further information and offers from Us that We believe You may find useful or interesting, such as newsletters, marketing or promotional materials. We shall immediately cease to send any such further communications should You notify Us in writing that You do not wish to receive such commercial content anymore.
For the purposes of this Agreement:
“Site Visitor” means Your end-user, such as a visitor to Your Site.
“Site Visitor Data” means any and all data and content from a Site Visitor, including but not limited to words, music, images, and videos.
“Data Protection Laws” shall mean all national, foreign, state or local laws, regulations or, ordinances, or other government standards relating to the privacy, confidentiality or security of Personal Data, the EU Data Protection Directive (95/46/EC) (together with relevant national implementing legislation) and the EU General Data Protection Regulation (2016/679) (“GDPR”).
“Personal Data” shall have the meaning ascribed to this term in Data Protection Laws and shall include information (regardless of the medium in which it is contained and whether alone or in combination) that directly or indirectly identifies an individual and is Processed (as defined below) by You or by niqē Web, pursuant to this Agreement, including Registration Data and Site Visitor Data.
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by niqē Web pursuant to this Agreement and that is likely to result in a risk to the rights and freedoms of natural persons.
“Process”, “Processed” or “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automated means, including but not limited to the collection, recording, organization, structuring, alteration, use, access, disclosure, copying, transfer, storage, deletion, combination, restriction, adaptation, retrieval, consultation, destruction, disposal, or other use of Personal Data.
“Transfer”, “Transferred” or “Transferring” means, whether by physical or electronic means both (a) the moving of Personal Data from one location or person to another, and (b) the granting of access to Personal Data by one location or person to another.
By using the Services You hereby represent and warrant that:
8.1 You comply with all applicable Data Protection Laws and that Personal Data has been and will continue to be collected, processed and transferred by You in accordance with the relevant provisions of the Data Protection Laws.
8.2 You shall provide niqē Web only that Personal Data that is required for niqē Web’s Services under this Agreement and not request or require that niqē Web Process Personal Data in any way that would violate applicable Data Protection Laws.
8.3 Throughout the duration of the Agreement, You agree and warrant that the processing of Personal Data by You, as well as any instruction to niqē Web in connection with the processing of the Personal Data, has been and will continue to be carried out in accordance with the relevant provisions of the Data Protection Laws.
8.4 You have informed data subjects of the processing and transfer of Personal Data pursuant to this Agreement and obtained the relevant consent thereto (including without limitation any consent required in order to comply with the Processing Instructions and those purposes detailed herein).
8.5 niqē Web will Process Personal Data only (a) in accordance with this Agreement or on written instruction by You; or (b) as otherwise required by law, in which case niqē Web will inform You of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest. niqē Web shall not otherwise modify, amend, disclose or permit the disclosure of any Personal Data to any third party unless authorized or directed to do so by You.
8.6 niqē Web will not use Personal Data for any use other than as expressly provided herein. Processing any Personal Data outside the scope of this Agreement will require an additional prior written agreement between You and niqē Web, and will include any additional fees that may be payable by You to niqē Web for carrying out such instructions. Notwithstanding the foregoing, niqē Web shall be entitled to use the Personal Data for statistical and financial purposes provided however that any personal attributes shall be removed from such Personal Data or otherwise if such is maintained on an aggregated basis.
8.7 niqē Web will ensure that any persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
8.8 niqē Web will implement appropriate technical and organizational measures to ensure a level of security of Personal Data, appropriate to the risk, including, as deemed appropriate by niqē Web: (a) pseudonymisation or encryption of Personal Data; (b) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services Processing Personal Data; (c) the ability to restore availability of and access to Personal Data in a timely manner in the event of a security incident; and (d) a process to regularly test, assess, and evaluate the effectiveness of technical and organizational measures for ensuring the security of the Processing. The aforementioned measures are subject to technical progress and development and niqē Web may update or modify them from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.
8.9 You provide a general consent to niqē Web to engage onward secondary processors, provided that niqē Web will not disclose, transfer and/or grant access to personal data to another processor (“Sub-processor") unless it: (a) executes a written agreement with each Sub-processor that contains the same or substantially similar data protection obligations imposed on niqē Web by this Agreement; and (b) remains liable, subject to the provisions of Sections 17, 18 and 19 hereunder, for all the acts and/or omissions of the Sub-processor with respect to the processing of the personal data.
8.10 If niqē Web receives any requests from individuals or applicable data protection authorities relating to the disclosure or Processing of Personal Data under the Agreement, including requests from individuals seeking to exercise their rights under EU Data Protection Law, niqē Web will promptly redirect the request to You. niqē Web will not respond to such communication directly without Your prior authorization, unless legally compelled to do so. If niqē Web is required to respond to such a request, niqē Web will promptly notify You and provide You with a copy of the request, unless legally prohibited from doing so. niqē Web will, insofar as is reasonably achievable and taking into account the nature of the Processing, assist You by appropriate technical and organizational measures for the fulfillment of Your obligations to respond to requests from data subjects regarding their rights under applicable Data Protection Laws, including for EU data subjects, the right to rectification, right to be forgotten, right to restriction of Processing, and right to data portability. It is hereby clarified that if no such response is received from You within three (3) business days (or otherwise any shorter period as dictated by the relevant law or authority), niqē Web shall be entitled to respond and provide such information.
8.11 niqē Web will notify You without undue delay after becoming aware of a Personal Data Breach. Where required by You for compliance with its obligations under Data Protection Laws, niqē Web will include in its notification, to the extent known to it: (a) a description of the nature of the Personal Data Breach, including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of Personal Data records concerned; (b) the name and contact details of the data protection officer or other contact point where more information can be obtained; (c) a description of the likely consequences of the Personal Data Breach; and (d) the measures taken or proposed to be taken by niqē Web to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects. For purposes of this Section. For the avoidance of doubt, where notification regarding a Personal Data Breach is required to individuals or governmental authorities under applicable Data Protection Laws, You will provide such notifications.
8.12 Upon written request from You, and taking into account the nature of Processing and the information available to niqē Web, niqē Web will assist You in ensuring compliance with Your data protection impact assessment and prior consultation requirements under Articles 35-36 of the GDPR subject to You bearing niqē Web’s reasonably incurred costs for the provision of such assistance.
8.13 Upon written request from You, and no more than once per calendar year, niqē Web will make available to You all information necessary to demonstrate compliance with its obligations under the GDPR and allow for, and contribute to audits, including inspections, conducted by You or another auditor mandated by You. Any reviews of information, audits, or inspections conducted pursuant to this section shall be at Your sole expense.
8.14 niqē Web has certified its adherence to the EU-U.S. Privacy Shield Framework, as administered by the U.S. Department of Commerce and detailed at https://www.privacyshield.gov, and will maintain such certification for the duration of the Agreement. niqē Web represents and warrants that (a) its Privacy Shield certification is sufficient to cover the Personal Data that it may receive or process pursuant to this Agreement, (b) it will comply with the Privacy Shield Framework and Principles with respect to the Personal Data it receives pursuant to this Agreement, and (c) that it will cease processing such Personal Data and notify You immediately if it is no longer able to provide the same level of protections required by the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability.8.15 niqē Web agrees to notify You promptly if it becomes unable to comply with the terms of this Agreement and take reasonable and appropriate measures to remedy such non-compliance.
8.16 niqē Web will only retain Personal Data for as long as Services are provided to You in accordance with this Agreement. Following expiration or termination of the Agreement, niqē Web will delete or return to You all Personal Data in its possession as provided in the Agreement except to the extent niqē Web is required by applicable law to retain some or all of the Personal Data (in which case niqē Web will implement reasonable measures to prevent the Personal Data from any further Processing). The terms of this agreement will continue to apply to such Personal Data. Notwithstanding the foregoing, niqē Web shall be entitled to maintain Personal Data following the termination of this Agreement for statistical and/or financial purposes provided always that niqē Web maintains such Personal Data on an aggregated basis or otherwise after having removed all personally identifiable attributes from such Personal Data.
By using the Services, You agree to pay all associated set-up and subscription fees. In order to ensure that You do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise). Accordingly, where applicable, niqē Web will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge You the applicable fees using the payment method You have on file with niqē Web.
niqē Web reserves the right to establish the price for every Service We offer. We may change the price of any Service at any time, in Our sole discretion. We reserve the right to charge a price for a Service that was previous offered for free. If We decide to increase the price of Service for which You are subscribed, We will make every effort to communicate this pricing change to You via email. We do not need to notify You if We decide to raise the price of a Service for which You are not subscribed.
No refunds will be provided for subscription-based Services after the thirty (30) day guarantee period. For monthly subscription Services, You are welcome to cancel at anytime without obligation to pay for additional monthly payments.
Some products and services are not eligible for refund; unless otherwise provided by law, all purchases of these types of products and services are final and non-refundable:
If and when participating in a free trial of a Service, You shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if You do not elect to purchase a subscription to the Service. If You do elect to purchase a subscription to the Service, the free-trial period shall be considered concurrent with the thirty (30) day guarantee period and no further thirty (30) day guarantee period will be offered.
You are and shall be fully responsible for the payment of any taxes that apply to Your use of the Services.
You may access and use the Services only for purposes as intended by the normal functionality of the Site and Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, You may not:
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by Us.
You acknowledge that Our Site and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Site (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and the Services, and all niqē Web Content contained therein, are reserved by Us and Our licensors.
You acknowledge that niqē Web's Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to niqē Web's Content, the Site and the Services not expressly granted herein are reserved.
As part of the Services, Your existing website or other web presence will migrate to a niqē Web-built desktop website, tablet website or mobile website. You understand that as part of this conversion process, some Content may not transfer to the niqē Web-built desktop website, tablet website or mobile website or such Content may be modified or transformed during the conversion process. niqē Web is not and shall not be responsible for any such missing or modified Content. You also understand and agree that if You use the Services to convert Your existing website or other web presence into a niqē Web-built desktop website, tablet website or mobile website, niqē Web is not responsible for any decrease in web traffic, SEO ranking, or any related impact on Your business, financial or otherwise. You bear all risks associated with the conversion Your existing website or other web presence into a niqē Web-built desktop website, tablet website or mobile website.
You are solely responsible for Your interaction with other users of the Services and other parties with whom You come in contact through Your and their use of Our Site or the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with one or more users of the Site or the Services, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to You a nonexclusive, non-transferable, non-sublicensable right to display on Your website a link to the Site's homepage, as long as Your use is not misleading, illegal or defamatory, or Your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to You. You may not use the logo in any way that suggests that We endorses or sponsors Your site, or that tarnishes, blurs or dilutes the quality of Our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.
Any feedback You may provide niqē Web, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential nor of a proprietary nature. In providing this material, You authorize Us to use it and any images, developments or derivatives thereof, according to Our needs as determined in Our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from You or the payment of any compensation to You. You also agree that (i) by submitting unsolicited ideas to Us or any of Our or representatives, You automatically forfeit Your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Us or any of Our employees or representatives automatically become the property of niqē Web. You hereby assign and agree to assign all rights, title and interest You have in such feedback and ideas to niqē Web together with all intellectual property rights therein.
niqē Web'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY THIRD-PARTY OR BY YOU AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION THE USE OF ANY CONTENT, INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR SITE OR MOBILE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed the amount paid by You to Us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, (II) YOUR CONTENT, OR (III) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.
We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.
As one of the final steps to publishing Your mobile website on the Mobile Website Builder Service, You may be required to install or have installed in the code of Your website a certain section of code that redirects Site Visitors to Your mobile website (“Redirect Code”) when viewing Your website on a mobile device. In rare cases, installing Redirect Code incorrectly can cause a website to be impaired, malfunction or function differently.
Similarly, when accessing a Service from a Non-niqē Web Access Point, it may be necessary for a certain section of code (“Script”) to be added to Your website to ensure proper integration and functionality of the Service within Your website.
You understand and acknowledge at the Agreement’s Limitation of Liability (Sec. 18) and Indemnification (Sec. 19) apply to all foreseen and unforeseen situations arising from Your installation of Redirect Code and other Script insertion; in no way shall niqē Web be responsible for any related claims, liabilities, loss or damages.
When using our multi-language feature, You will have the option of translating the existing Content of the website using Google Translate. Google would like You to be aware of the following disclaimer:
"THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT."
The Services enable You to engage, install, add and/or procure certain third party services and tools, including apps, images and domain registrars from which You may purchase a domain name for Your website, (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to You (bundled with certain niqē Web Services, offered separately by niqē Web or otherwise offered anywhere on the Services), niqē Web merely acts as an intermediary platform between You and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. niqē Web will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between You and any Third party Services.
Any and all use of such Third Party Services shall be done solely at Your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which You are encouraged to review before engaging with them.
While we hope to avoid such instances, niqē Web may, at any time and at its sole discretion, suspend, disable access to or remove from Your account and/or the Services, any Third Party Services – whether or not incorporated with or made part of Your account and/or website(s) at such time – without any liability to You or to any end users.
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of niqē Web users who infringe or are believed to be infringing the rights of copyright holders:
If You believe that any material contained on this Site infringes Your copyright, You should notify this Site's Designated Agent listed below by email with the following information required under 17 U.S.C. § 512:
Attn: niqē Web Legal
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by You that You have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by You that the information in the notification is accurate and, under penalty of perjury that You are authorized to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, We reserve the right at any time and in Our sole discretion, to remove content which in Our sole judgment appears to infringe the intellectual property rights of another person.
This Agreement will be governed by laws of the Province of Alberta, without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in Edmonton, Alberta, Canada.
No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between You and Us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between You and Us, states Our and Our suppliers' entire liability and Your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against Us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
If You have any questions about these Terms, please contact Us via email at firstname.lastname@example.org