Terms and Conditions
As of 13 September 2019
Please read very carefully!
Your relationship with Nuwaubia.com is outlined as follows.
Your use of Nuwaubia.com’s products, software, services and web links (referred to collectively as “tools” in this document and excluding any services provided to you by Nuwaubia.com under a separate written agreement) is subject to the terms of a legal agreement between you and Nuwaubia.com. For the purposes of this agreement “Ali” means American Ltd., the owner of Nuwaubia.com, whose principal office location is Denver, Colorado, United States of America. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with “Ali”, your agreement with Nuwaubia.com will always include, at a minimum, the Terms and Conditions set out in this document. These are referred to below as the “Universal Terms”.
The Universal Terms, together with the Additional Conditions, form a legally binding agreement between you and Nuwaubia.com in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms and Conditions”.
If there is any contradiction between what the Additional Conditions say and what the Universal Terms say, then the Additional Conditions shall take precedence in relation to that Service.
Accepting the Terms and Conditions
1.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
1.2 You can accept the Terms by: clicking to accept or agree to the Terms, where this option is made available to you by Nuwaubia.com in the user interface for any Service; or by actually using the Services. In this case, you understand and agree that “Ali” will treat your use of Nuwaubia.com as acceptance of the Terms from that point onwards.
1.3 You may not use the Services and may not accept the Terms if: you are not 17 years of age as to form a binding legal contract with Nuwaubia.com, or you are a person barred from using social networks under the laws of the United States or other countries including the country in which you are resident or from which you use Nuwaubia.com. if you are under the age of 17 you may not use this site, as well you may not use this site if you have not received parental consent to register and/or login to Nuwaubia.com if you are under the age 18.
1.4 Before continuing, you may want to print off or save a local copy of these “Universal Terms” for your records.
Language of these Terms
2.1 Where Nuwaubia.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Nuwaubia.com.
2.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of this Site by “Ali”
3.1 “Ali”, the owner of Nuwaubia.com, has established corporate interests and leverage around the world (by way of its “Subsidiaries and Affiliates”). Sometimes, these support element companies will be providing the Services to you on behalf of Nuwaubia.com itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide Nuwaubia.com to you.
3.2 Nuwaubia.com is constantly evolving in order to provide the best possible experience to its end users. You acknowledge and agree that the form and nature of Nuwaubia.com, which “Ali” provides may change from time to time without prior notice to you.
3.3 As part of this continuing evolution, you acknowledge and agree that Nuwaubia.com may stop (permanently or temporarily) providing its Services (or any features within those Services) to you or to users generally at Nuwaubia.com’s sole discretion, without prior notice to you. You may stop using this site at any time. You do not need to specifically inform anyone when you stop using the Services.
3.4 You acknowledge and agree that if Nuwaubia.com disables access to your account, per misuse or illegal activity, you may be prevented from accessing Nuwaubia.com, and your account details or any files or other content which is contained in your account may be permanently deleted.
3.5 You acknowledge and agree that while Nuwaubia.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through this site or on the amount of storage space used for the provision of any usage, such fixed download limits, i.e., as in 30 pictures at a time, or comment limitations, may be set by Nuwaubia.com at any time, at Nuwaubia.com’s sole discretion.
Use of this Site by You
4.1 In order to access this site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for Nuwaubia.com, or as part of your continued use as a verified user. You agree that any registration information you give to Nuwaubia.com will always be accurate, correct and up to date.
4.2 You agree to use Nuwaubia.com only for purposes that are permitted by: the Terms and; any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries, U.S. territory or civil jurisdiction).
4.3 You agree not to access (or attempt to access) this site by any means other than through the login page interface that is provided to you by Nuwaubia.com.
4.4 You agree that you will not engage in any activity that interferes with or disrupts Nuwaubia.com (or the IP addresses, servers and/or cloud networks which may be inter connected through Nuwaubia.com).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Nuwaubia.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell your own usage of this site or ists services for any purpose.
4.6 You agree that you are solely responsible for (and that Nuwaubia.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Nuwaubia.com may suffer) of any such breach.
Your passcodes and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of all passcodes associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Nuwaubia.com for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your passcode or of your account, you agree to notify Nuwaubia.com immediately at https://nuwaubia.com/contact.
Privacy and your personal information
Content in this Site
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, Nuwaubia.com are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of this site, including but not limited to advertisements at this site and sponsored Content within this site may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Nuwaubia.com (or by other persons or companies on their behalf). You may not modify, rent, lease, sublease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Nuwaubia.com or by the owners of that Content, in a separate agreement.
7.3 Nuwaubia.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of is uses, Nuwaubia.com may provide tools to help privatize explicit sexual content. These tools include the Privacy and Content Block preference settings. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
7.4 You agree that you are solely responsible for (and that Nuwaubia.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using this site and /or the consequences of your actions (including any loss or damage which you may suffer) by doing so.
8.1 You acknowledge and agree that “Ali” (or Nuwaubia.com’s licensors) owns all legal right, title and interest in and to Nuwaubia.com, including any intellectual property rights which subsist at this site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that Nuwaubia.com may contain information which is subsequently designated confidential by said government entity or organization, as in “A” thru “Z”, for example, and that you shall not disclose such information without said government entity or organization’s prior written consent.
8.2 Unless you have agreed otherwise in writing with Nuwaubia.com, nothing in the Terms gives you a right to use any of Nuwaubia.com’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Or, otherwise branded features at this site from any third parties.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Nuwaubia.com, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Nuwaubia.com's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at https://nuwaubia.com/about.
8.4 Other than the limited license set forth in Section 10, Nuwaubia.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, Nuwaubia.com, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with “Ali”, you agree that you are responsible for protecting and enforcing those rights and that Nuwaubia.com has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within this site.
8.6 Unless you have been expressly authorized to do so in writing by “Ali”, you agree that in using Nuwaubia.com, you will not use any trade mark, service mark, trade name, logo of any linked or associated company or organization in a way that is likely or intended to cause defamation about the owner or authorized user of such marks, names or logos.
License from Nuwaubia.com
9.1 Nuwaubia.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use this site, provided to you by “Ali”, as part of its networking software capabilities provided to you by Nuwaubia.com. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Nuwaubia.com, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Nuwaubia.com / or any part thereof, unless you have been specifically told that you may do so by Nuwaubia.com, in writing.
9.3 Unless “Ali” has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use Nuwaubia.com, grant a security interest in or over your rights to use Nuwaubia.com, or otherwise transfer any part of your rights to use Nuwaubia.com.
Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, Nuwaubia.com. By submitting, posting or displaying the content you give Nuwaubia.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, Nuwaubia.com. This license is for the sole purpose of enabling Nuwaubia.com to display, distribute and promote Nuwaubia.com and may be revoked for certain usage as defined in any Additional Conditions and Conditions.
10.2 You agree that this license includes a right for Nuwaubia.com to make such Content available to other companies, organizations or individuals with whom Nuwaubia.com has relationships for the provision of syndicated services, and to use such Content in connection with the provisions there of.
10.3 You understand that “Ali”, in performing the required technical steps to provide Nuwaubia.com to our end users, may
- transmit or distribute your Content over various public networks and in various media; and
- make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Nuwaubia.com to take these actions.
10.4 You confirm and warrant to Nuwaubia.com that you have all the rights, power and authority necessary to grant the above license.
11.1 Nuwaubia.com may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Nuwaubia.com to deliver these to you) as part of your use of this social networking community.
Ending your relationship with Nuwaubia.com
12.1 The Terms will continue to apply until terminated by either you or Nuwaubia.com as set out below.
12.2 If you want to terminate your legal agreement with Nuwaubia.com, you may do so by: notifying Nuwaubia.com at any time and; closing your accounts for all of the Services which you use, where Nuwaubia.com has made this option available to you.
Your notice should be sent, in writing, to Nuwaubia.com’s address which is set out at the beginning of these Terms.
12.3 Nuwaubia.com may at any time, terminate its active legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom Nuwaubia.com offered the Services to you has terminated its relationship with Nuwaubia.com or ceased to offer the Services to you; or
- com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Nuwaubia.com is, in Nuwaubia.com’s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect Nuwaubia.com’s rights regarding provision of this Site by “Ali” under Section 3 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Nuwaubia.com have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
Exclusion of Warranties
13.1 Nuwaubia.com is provided "as is" and / or “what you see is what you get”, any Subsidiaries and Affiliates, and its licensors give you no warranty with respect to any links to Nuwaubia.com.
13.2 In particular, “Ali”, any Subsidiaries and Affiliates, and licensors do not represent or warrant to you that: your use of Nuwaubia.com will meet your requirements; your use of Nuwaubia.com will never be uninterrupted, timely, secure or free from error by other sources; any information obtained by you as a result of your use of Nuwaubia.com will be accurate or reliable beyond scrutiny, and; that defects in the operation or functionty of any ad server rotations provided to you as part of Nuwaubia.com will be corrected.
13.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quty, fitness for purpose or conformance with description) apply to Nuwaubia.com except to the extent that they are expressly set out in the Terms.
13.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Limitation of Liability
14.1 Nothing in these Terms shall exclude or limit Nuwaubia.com’s liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 Subject to overall provision in paragraph 14.1 above, “Ali”, any Subsidiaries and Affiliates, and its licensors shall not be liable to you for: any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; any loss or damage which may be incurred by you as a result of; any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on Nuwaubia.com; any changes which “Ali” may make to Nuwaubia.com, or for any permanent or temporary cessation in the provision of Nuwaubia.com (or any features within Nuwaubia.com); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of Nuwaubia.com; (or your failure to provide Nuwaubia.com with accurate account information); your failure to keep your passcode or account details secure and confidential;
14.3 The limitations on Nuwaubia.com’s liability to you in paragraph above shall apply whether or not Nuwaubia.com has been advised of or should have been aware of the possibility of any such losses arising.
Copyright and trademark policies
15.1 It is Nuwaubia.com’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of the United States and to prompt response to repeat infringers. Details of Nuwaubia.com’s policy can be found at https://nuwaubia.com/disclaimer.
15.2 Nuwaubia.com operates a trade mark complaints procedure in respect of Nuwaubia.com’s advertising business, details of which can be found at https://nuwaubia.com/disclaimer.
16.1 The free use of Nuwaubia.com is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on Nuwaubia.com’s ad servers, queries made through Nuwaubia.com or other information.
16.2 The manner, mode and extent of advertising by Nuwaubia.com on its ad servers are subject to change without specific notice to you.
16.3 In consideration for “Ali” granting you access to and use of Nuwaubia.com, you agree that “Ali” may place such advertising on Nuwaubia.com.
17.1 The Services may include hyperlinks to other web sites or content or resources. Nuwaubia.com may have no control over any web sites or resources which are provided by companies or persons other than Nuwaubia.com.
17.2 You acknowledge and agree that Nuwaubia.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that Nuwaubia.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
18.1 Nuwaubia.com may make changes to the Universal Terms or Additional Conditions from time to time. When these changes are made, Nuwaubia.com will make a new copy of the Universal Terms available at https://nuwaubia.com.com/terms-and-conditions and any new Additional Conditions will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Conditions have changed, Nuwaubia.com will treat your use as acceptance of the updated Universal Terms or Additional Conditions.
General Legal Terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and “Ali” and govern your use of Nuwaubia.com (but excluding any services which Nuwaubia.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and Nuwaubia.com in relation to the Services.
19.3 You agree that Nuwaubia.com may provide you with notices, including those regarding changes to the Terms, by email, text message, or postings on the Services.
19.4 You agree that if Nuwaubia.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Nuwaubia.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nuwaubia.com’s rights and that those rights or remedies will still be available to Nuwaubia.com.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which Nuwaubia.com is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with Nuwaubia.com under the Terms, shall be governed by U.S. law. You and American Ltd., the owner of Nuwaubia.com, agree to submit to the exclusive jurisdiction of the courts of Denver, CO, USA., in order to resolve any legal matter arising from these Terms.
Notwithstanding this, you agree that “Ali” shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any U.S. territory or civil jurisdiction.