Discover Nebulanode IT Services's terms and conditions managed and maintained by Nebulanode IT services Est. These terms and conditions of use ("Terms of Use") outline the rules that govern your use of Nebulanode IT Services, its mobile-friendly versions, digital applications, and any other formats used for Nebulanode IT Services's promotion (all collectively referred to as the "Nebulanode IT Services"), along with other products, software, and services provided on the Designated Sites or owned and operated by us (referred to collectively as the "Services").
By accessing the Designated Sites, registering with them, submitting any material to them, or using any of the Services, you are expressly agreeing to these Terms of Use in their entirety. Therefore, if you disagree with these Terms of Use or any part of them, you should not access or use the Nebulanode IT Services.
You declare and assure that you are of legal age to enter into a binding contract as per the laws of India (or if not, you've obtained permission from your parent or guardian to use the Designated Sites and they have agreed to these Terms of Use on your behalf).
Intellectual Property Rights
Excluding your User Content (as defined below), you recognize that all the intellectual property rights, such as copyrights, patents, trademarks, and trade secrets, in the Nebulanode IT Services are owned by us or our licensors, or by the suppliers of the content. The provision of the Designated Sites does not grant to you or any third party any rights, title, or interest in or to such intellectual property rights. We or our licensors, or content suppliers retain all intellectual property rights not specifically granted in these Terms of Use.
Restrictions on Use
The privileges granted to you under these Terms of Use are subject to the limitations outlined below. You agree not to:
- License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Nebulanode IT Services without our explicit written approval.
- Modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of Nebulanode IT Services.
- Access Nebulanode IT Services with the intention of creating a similar or competitive service.
- Copy, reproduce, distribute, republish, download, display, post, or transmit any part of Nebulanode IT Services for any commercial purpose without our explicit written approval.
- Use Nebulanode IT Services in a manner that could damage it, disrupt its availability or accessibility, or engage in any activity that is unlawful, illegal, fraudulent, or harmful.
- Carry out any systematic or automated data collection activities on or in relation to Nebulanode IT Services without our explicit written approval.
- Use Nebulanode IT Services, or any part of it, to send unsolicited commercial communications, or for any other marketing-related purposes without our explicit written approval.
User Accounts
- You might need to create an account with us to use or access some of the Services on Nebulanode IT Services, as well as to produce content on Nebulanode IT Services.
- You must be at least 18 years old to be eligible to create an account with us.
- By registering an account with us, or by signing in using your existing social IDs, including Facebook, LinkedIn, Google+ etc. ("User Registration"), you assert that you are at least 18 years old and that all the information you provide is accurate and complete. You also agree to abide by these Terms of Use. You further promise that: (a) all required registration information you submit is truthful, accurate and complete; and (b) you will keep such information up-to-date.
- Your User Registration allows you to access the services for which you've subscribed under the applicable service plan(s).
- Your subscription to Services in a specific geographic territory is valid for that territory only and does not automatically grant you access to your account from a different geographic territory, unless specifically permitted by us. The content downloaded during the subscription period is accessible only while your subscription is active and in good standing.
- You are solely responsible for safeguarding the confidentiality of your User Registration and login details, and we won't be held accountable for any misuse of your User Registration by any third party, whether authorized by you or not. You may never use another user’s account without permission. Also, sharing your login details, allowing anyone to access your account, or doing anything that might compromise your account is prohibited.
- You're responsible for any activity on Nebulanode IT Services resulting from your failure to keep your User Registration confidential, and you may be held liable for any losses resulting from such a failure. You agree to notify us immediately if you notice any unauthorized use of your account or any other breach of security.
- We reserve the right to refuse to offer access to or use of Nebulanode IT Services to any person or entity at our sole discretion and to change our eligibility criteria at any time.
- We may (a) suspend your User Registration; (b) cancel your User Registration, and/or (c) edit your User Registration, at any time at our sole discretion without notice or explanation.
User Content
Nebulanode IT Services may permit visitors and users to provide information and content (“User Content”). This User Content is not pre-screened or verified by us. Consequently, we do not accept any responsibility for any outcomes resulting from such User Content. While we strive to monitor, reject, edit, or remove such User Content when necessary, we neither endorse the views expressed in the User Content nor guarantee its completeness, truthfulness, accuracy, or reliability. Therefore, you agree to use the User Content for informational purposes only and any reliance on it shall be solely at your own risk.
You provide us with a global, irrevocable, non-exclusive, royalty-free, perpetual, and fully sub-licensable right to use, reproduce, store, adapt, publish, translate, create derivative works from, publicly display, distribute, integrate into other works, and otherwise use your User Content. You irrevocably forfeit all your moral rights in your User Content to the maximum extent allowed by applicable law.
You affirm that your User Content does not violate User Content Rules (as defined below). You agree that we have the right, but not the obligation, to monitor and edit or remove any activity or content. We are not responsible and assume no liability for any content posted by you or any third party.
Mobile Apps and Third-Party Services
When you interact with Nebulanode IT Services, it's possible that you're also utilizing the services of one or more third-party providers. These could include your wireless carrier, a mobile platform provider, or an application store like Google Play, Apple App Store, or Windows Store. Your use of these third-party services will be governed by their own policies, terms of use, privacy policies, and fees, which might include charges for downloading and using mobile applications as well as any operator network and roaming charges. By using our website, you explicitly agree to abide by these third-party terms and conditions.
You may also use a third-party payment gateway to make payments to us, or to other vendors via Nebulanode IT Services. The processing of such payments will be subject to the terms, conditions, and privacy policies of the payment processor, in addition to our Terms of Use. By making these payments, you again explicitly agree to comply with these terms. The specifics of your payment will depend on your chosen payment method and may be determined by agreements between you and your financial institution, credit card issuer, or other payment method provider. Please note that we are not responsible for any errors made by the payment processor.
External Content
Nebulanode IT Services may include links to third-party websites, services, and advertisements. Similarly, third-party websites might link back to Nebulanode IT Services. Please be aware that these third-party sites and services are not under our control. We are not responsible for any information, content, products, services, advertising, or other materials they may provide, referred to as “External Content."
The presence of any link to such External Content on Nebulanode IT Services does not imply our endorsement, sponsorship, or recommendation of that External Content. We want to make it clear that these links are provided purely for your convenience. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such External Content, nor do we assume any liability related to your use or reliance on this External Content.
We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit or use through links from Nebulanode IT Services.
Use of Cookies and Analytical Tools
We use data gathering tools, like "cookies," on various pages of Nebulanode IT Services. These help us manage user sessions, store preferences, serve ads, track information, analyze our webpage flow, measure the effectiveness of our promotions, and foster trust and safety.
The types of information that cookies may gather could include personal details such as your name, contact information, personal preferences, and details about your usage of Nebulanode IT Services.
Whether you're registered with us or not, you have the option to accept or decline cookies on your computer/device. Generally, you can set up your browser to reject cookies. But please note, choosing to decline cookies might restrict your access to certain features of Nebulanode IT Services.
We also may permit third-party advertising companies and marketing services to serve ads and other content when you visit Nebulanode IT Services and other places online and in other media. These third-party providers may place their own cookies and use information about your visits, buying behavior, browsing history, and preferences on this and other sites to serve you ads and other content. We do not have control over or access to cookies used by these third-party providers.
Moreover, we may share your personal information with marketing services companies on an anonymous and aggregate basis. This allows them to market their products or services, or for other marketing purposes. This could be information we received from you both offline and online.
Privacy Policy
Please review our Privacy Policy to understand what kind of information we gather from you and the specific measures we take to protect your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference.
Limitations and Exclusions of Liability
All information, content, materials, products (including software), and services available to you on or through Nebulanode IT Services are provided "as is," without any guarantees or warranties. This includes any terms that might usually be implied by statute, common law, or equity law, such as implied warranties of merchantability and fitness for a specific purpose.
We cannot guarantee that the information, content, materials, products (including software), or other services provided on or through Nebulanode IT Services (whether by our suppliers, content providers, and advertisers), our servers, or electronic communications sent by us are free from viruses or other harmful components.
We will not be responsible for any damages of any kind, including but not limited to direct, indirect, special, consequential, punitive or incidental damages, business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services. These damages could arise from the use, inability to use, performance, or failure of Nebulanode IT Services and any materials posted thereon, products (including software), or other services made available to you on or through Nebulanode IT Services, regardless of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.
Without detracting from the above, we do not warrant or represent:
- The completeness or accuracy of the information published on Nebulanode IT Services;
- That the material on Nebulanode IT Services is up to date;
- That Nebulanode IT Services or any service on Nebulanode IT Services will remain available.
You acknowledge that we have an interest in limiting personal liability of our officers and employees as far as legally possible. Considering this, you agree not to bring any personal claim against our officers or employees regarding any losses you suffer in connection with Nebulanode IT Services or these Terms of Use.
Certain jurisdictions 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.
Breach of Terms of Use
Without limiting any of our other rights under these Terms of Use, if we believe that you have violated these terms in any way, or if there's reasonable suspicion of such a violation, we may take whatever action we consider appropriate to handle the violation. This could include (a) temporarily suspending your access to Nebulanode IT Services, (b) permanently banning you from accessing Nebulanode IT Services, (c) blocking devices using your IP address from accessing Nebulanode IT Services, (d) reaching out to any or all of your internet service providers and asking them to block your access to Nebulanode IT Services, (e) initiating legal proceedings against you, whether for breach of contract or otherwise; and/or (f) suspending or deleting your user registration.
Governing Law and Dispute Resolution
The rules and conditions laid out in these terms will be interpreted and applied in line with the laws of India. If there are any disagreements or issues related to these terms, they will fall under the exclusive legal authority of the courts in India.
Severability
If a part of these Terms of Use is found to be invalid or unenforceable by any court or relevant authority, the rest of the terms will still remain in place. In the case where an invalid or unenforceable provision could become valid or enforceable by removing a section of it, then that section will be considered as removed, allowing the remaining part of the provision to stay in effect.
Entire Agreement
These Terms of Use, along with the Privacy Policy, represent the complete agreement between you and us regarding your use of Nebulanode IT Services, replacing any prior agreements about your use of Nebulanode IT Services. However, please be aware that other aspects of your use of our services might be regulated by additional contracts, such as service level agreements and software license agreements, known as "Individual Service Agreements". When you sign up for a particular product, feature, or service, you'll agree to the terms and conditions of the relevant Individual Service Agreement.
This Agreement is supplemented by any Individual Service Agreement. If there's a direct conflict between a term in this Agreement and a term in an Individual Service Agreement, the conflicting term in the Individual Service Agreement will take precedence. All other terms and conditions in both this Agreement and the Individual Service Agreement will remain valid and enforceable.
Changes to the Terms of Use
We reserve the right to revise, alter, add or remove any part of the Terms of Use at our sole discretion and at any time. If we make significant amendments to these Terms of Use, we may let you know by posting a clear notice on Nebulanode IT Services. Any changes will become effective after thirty (30) calendar days following our posting of the notice on Nebulanode IT Services. For new users of Nebulanode IT Services, these changes will be effective immediately. If you continue to use Nebulanode IT Services and/or the services offered on or through Nebulanode IT Services after any changes to the Terms of Use have been posted, it will be considered as your acceptance of those changes.
Indemnification
You agree to protect and not hold responsible any of our directors, representatives, employees, and contractors from any claims or demands, including reasonable legal fees, made by a third party as a result of your use of Nebulanode IT Services and/or any Services on it. This applies in the event of your breach of these Terms of Use, or if you infringe upon any intellectual property or other rights of any other individual or entity.
Confidentiality
In accordance with the explicit permissions of these Terms of Use, both you and we will protect each other's Confidential Information in the same way we protect our own, using at least a reasonable level of care to prevent unauthorized use, access, or disclosure. Unless otherwise expressly allowed under these Terms of Use, we may only use each other’s Confidential Information to exercise our individual rights and fulfill our duties under these Terms of Use.
We should only disclose such Confidential Information to employees, representatives, and agents who need to know it for these purposes and are committed to maintaining its confidentiality and not misusing it. 'Confidential Information' refers to any information that you share with us or we share with you that is marked as "confidential" (or something similar) or that a reasonable person would understand to be confidential based on the nature of the information and the context of its disclosure. For the purposes of these Terms of Use, User Content and User Registration are considered Confidential Information. However, Confidential Information does not include information that
(a) was already known to the recipient when the discloser disclosed it;
(b) the recipient receives from a third party not known to be under a confidentiality obligation regarding such information;
(c) becomes publicly available without violating these Terms of Use; or
(d) the recipient independently developed without using the discloser's Confidential Information.
Communication
If you need to bring something to our attention, such as a violation of your rights, non-compliance of any User Content with these Terms of Use, or if you have any queries about these Terms of Use, please don't hesitate to reach out to us at tech@nebulanodeitservices.com.
