Nixie Terms and Conditions
General:
Welcome to the Nixie website. The website will be referred to under these terms and conditions as the “Site“. You are requested to carefully read these terms of service, as use of the Site, as well as access to its contents, is subject to these terms and conditions. By accepting these terms and conditions below, you express your acceptance of the entire conditions contained herein. Some actions in the Site are subject to further conditions or additional online agreements. In some cases, you will be required to actively confirm your acceptance of those terms or agreements. In such cases, such actions shall be subject both to these general terms and conditions as well as the specific conditions pertaining to the action you will take. In the event of a contradiction between the specific arrangement and these general terms, the specific arrangement shall prevail.
All terms and conditions contained herein pertain to males and females equally.
Acceptance:
You can accept these Terms and Conditions by either:
- Clicking to accept or agree to the Terms, where this option is made available to you by Nixie in the user interface for any service; or
- By actually using the services of the Site. In this case, you understand and agree that Nixie will treat your use of the services as acceptance of the Terms from that point onwards.
Site Operation
The Site is owned by Nixie Inc., whose principal place of business is at P.O. 204 Kibuts Magal, Israel (Hereinafter: “The Company“) which both runs and operates the Site. You can contact the Company at support@nixie-apps.com
Use of the Site
Use of the site is permitted from the age of 14 and upwards. For users below the age of 18, use of the site is conditional upon presentation of the approval, in writing, of the legal guardian of the user.
It is forbidden to copy, publicly display or use the contents published on the Site, including ads, for any purpose, commercial or otherwise, which is not private and personal use. Without derogating from the above, it is forbidden to copy, publicly display or use the contents of the Site or any ads, in any other website, other electronic publication of any type, computer software and applications, telephony or cellular communications, radio, television, print or any other media.
It is forbidden to operate, or allow to operate, any means, including, inter-alia, computer applications, including but not limited to, robots, crawlers etc, for the purpose of copying or automatically retrieving or reproducing and contents from the site, or for the purpose of presenting them in any other framework, including for the purpose of creating a collection, anthology, pool or database containing contents from the Site.
It is forbidden to portray any contents from the Site in any way whatsoever – including by way of computer application, hardware, gadget or communications protocol – which alters the design of contents in the Site or which derogates or subtracts any information or content from them, in particular in relation to ads, advertisements and commercial content.
It is forbidden to link to the Site from any site containing pornographic material, racial or discriminatory material or material which is illegal, or whose publication is illegal or encourages illegal activity.
The Company and any party on its behalf shall not be liable or responsible for any damages caused as a result of linking any contents in the Site and/or from any portrayal or display of such contents in any other way. You bear the full responsibility and liability for any link, display or publication of the contents which is performed by you and undertake to indemnify the Company in full for any damages which may be caused to it as a result.
Information provided by advertisers
The Site may contain ads and advertisements of third parties intending to offer for sale products, services or information and various offers (the “Ads“). The Ads may be in texts, graphics, sound or multimedia. They are published by private people as well as companies, institutions and businesses. The Ads are provided for publication by the advertisers or users and they are fully responsible for them. The Company does not write nor validate the contents of the Ads, their validity, accuracy, wholeness or update status. The Company and any party acting on its behalf will not be liable nor responsible for the contents of Ads on the Site and the sole responsibility for such Ads will reside with the party providing the Ad for publication. Therefore, publication of the Ads on the Site is not a recommendation or an encouragement by the Company to purchase the services, products or properties offered therein.
Any transaction you will make following information received from the Site shall be concluded directly between yourself and the person providing the information. The Company and any party on its behalf shall not be a party to such transaction and shall not bear any liability or responsibility for the services, goods or information in the Ads on the Site.
Services requiring registration
In the Site you will find services which require registration. You can enjoy such service and use it once you have completed the registration process, provided the required details in the course of registration, and approve and accept the online agreement attached to the service. Use of such services may entail payment. Instructions as to payment will be contained in the online agreement attached to the service which you will be required to approve and accept.
During registration you will be required to provide personal details such as private name, surname, country and city or residence, credit card details if a service requires payment, as well as an active email account used by you. You must provide only accurate, correct and full details. Incorrect details may prevent your use of the services and thwart communications with you. In case of a change of details, you are required to update them in the Site or by mail to support@nixie-apps.com
Information provided by you will be kept in the Company database. You are not required by law to provide the information, however without providing it you will not be able to use the service for which you have registered. The Company will make no use of your details and information, other than as detailed in the Company’s privacy policy which is an integral part of these terms and conditions. In accordance with the Company’s privacy policy, the Company’s database may be used for the purpose of direct emailing to users.
When registering to the Site you will be required to select a user name and password for identification purposes. The Company may, from time to time, determine additional, or other, means of identification.
Please maintain the secrecy of your user name and password, to avoid misuse. Change your password as often as possible, and in any case not less than once per 6 months.
The Company is entitled to forbid you from using a service requiring registration at its sole discretion. Without derogating from the above, the following actions are strictly forbidden and in any such case the Company may cancel your registration to a service or block your access to it:
- If you provided incorrect details during registration.
- If you have performed an act or omission, which damage, or may damage, the Company or any third party.
- If you have used the service provided in the Site to perform, or attempt to perform, an illegal act according to the laws or any applicable law, regulation or generally accepted practices or guidelines in the State of Israel or any relevant jurisdictions, or an act which may be interpreted as such, or in order to assist, alleviate or encourage the performance of such act.
- If you have used the Site or the services provided by it to publish a defaming publication, as defined by law.
- If you impersonated another person (person – including corporation) in the course of your activity in the Site.
- If you breached a term of these terms and conditions.
- If you did not use the services for a consecutive period of more than 4 months.
- If you perform any act which prohibits others from joining the service or continuing to enjoy it in any way.
- If you provided the user name and password assigned to you during registration to any third party.
- If your credit card has been blocked or limited for use in any way (in the event of services requiring payment)
- If you are in debt to the Company, and have not paid it when due.
Links
In the information published on the Site you may find links to internet sites and other information resources. Links and information linked from the Site are not published by the Company or on its behalf. You may find that such information and contents do not fit your needs, or that you object to their content, or find them objectionable, inappropriate, illegal or immoral. The Company is not responsible for the internet sites to which links lead. The Company cannot determine the extent of the validity of the information in such sites if any. The Company does not control the information published in the site linked to from the Site and does not supervise them. Therefore, the fact that you may find a link to a site in the Site is not confirmation that the information in such site is full, valid, updated or credible.
The Company does not undertake that all links in the Site will be correct and lead to an active website. The Company may remove from the Site links contained in it in the past, or refrain from adding new links – all at its sole discretion.
The Company and any party acting on its behalf will not be liable or responsible for any direct or indirect damages, monetary or otherwise, caused to you and/or to any third party, as a result of use or reliance upon information published in third party sites which you will reach by use of any of the services provided by the Site.
Privacy
The Company respects the privacy of its users. The Company’s privacy policy can be found at all times at the Company’s offices, and is an integral part of these terms and conditions. As the Company may change such policy from time to time, it is recommended to re-read it from time to time.
BY USING OR ACCESSING NIXIE PRODUCTS YOU ARE ACCEPTING THIS PRIVACY POLICY. IF ANYTHING HERE OFFENDS YOU OR YOU DO NOT WISH TO BE BOUND BY IT, PLEASE DO NOT ACCESS OR USE THE NIXIE PRODUCTS.
We care about our Member’s privacy and will do our best to protect it, subject to these Terms and Conditions. Information we collect and how we use it
(1) We may record information about your activity in order to provide you and other users with a better experience using Nixie services and Products.
(2) We may also collect information about you from other users, such as when someone puts you as one of their buddies. Some users may choose to display information about you publicly, such as by displaying your picture in a dive on their Nixie account.
Nixie Profile.
(3) In order to use Nixie, you need to have a public Nixie Profile visible to the world, which at a minimum includes the name you chose for the profile, email, last certification and last dive date. That name will be used across Nixie services and in some cases it may replace another name you’ve used when sharing content under other accounts. We may display your Nixie Profile identity to people who have your email address or other identifying information.
(4) Posts and other content shared by or with you – such as photos of you – may be visible on your profile to those with whom that content has been shared.
Buddies.
(5) You can add people as buddies to share information with. Your buddies will appear to others on your Nixie Profile, unless you choose not to display that information.
Photos and Videos.
(6) If you upload a photo or video to Nixie, we will store that content for you. If you do not want us to store metadata (such as photo details) associated with your photos and videos, please remove that data before uploading the content.
Notifications.
(7) Notifications may be sent to you or to other people when you take certain actions in Nixie, such as adding people as buddies.
Location.
(8) When using Nixie on your mobile device, Nixie can collect your location to provide the service (such as to display nearby clubs). When posting from a non-mobile device, you can choose to add your location on a per-post basis.
(9) We may display posts to which you’ve attached your location to users who seek to view Nixie’s posts “nearby” the location where you created your post. Those posts will be viewable only by those with whom the content has been shared.
Uses of the collected information
(10) We may share aggregate statistics about Nixie activity with the public, our users, and partners, such as publishers, developers, or connected accounts. For additional uses of data you provide to us, see the Third Party Apps section below.
Account Settings.
(11) You can access and edit your account settings – including privacy settings – through your Nixie Profile at the upper-right hand corner when you are logged into certain Nixie products.
Sharing.
(12) You can choose to whom you send items in Nixie. All recipients of a post may be able to see some information about the other people who have received it. Also, be aware that when you share something through Google+, Facebook or any other service, anyone who received it may share it with others.
Third Party Apps.
(13) App providers (such as Diving Clubs) may send you notifications directly. You will need to contact the app provider to change the type and frequency of notifications they send to you.
(14) If your connections use apps, those applications may gain access to content and information about you that those friends can access.
Local storage on your device.
(15) We will store data (such as your recent posts) locally in your browser. You may be able to access and clear this information in your browser settings.
Intellectual Property
All copyright and intellectual property in the Site, including the name and trademark Nixie-apps, Site design, contents published in the Site by the Company or on its behalf and any software, application, computer code, graphic file, text and any other material included therein is property of the Company. It is forbidden to copy, distribute, publicly display or provide to any third party any part of the above, without the express prior written approval of the Company.
The trademarks and advertisements of advertisers on the Site are the property of such advertisers only. It is forbidden to make any use of them without the prior written approval of the advertiser.
Other than the limited license set forth in Section 26, Nixie 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, the services, 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 Nixie, you agree that you are responsible for protecting and enforcing those rights and that Nixie has no obligation to do so on your behalf.
(1) You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the services. By submitting, posting or displaying the content you give Nixie 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, the services. This license is for the sole purpose of enabling Nixie to display, distribute and promote the services and may be revoked for certain Services as defined in the Additional Terms of those Services.
(2) You agree that this license includes a right for Nixie to make such content available to other companies, organizations or individuals with whom Nixie has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
(3) You understand that Nixie, in performing the required technical steps to provide the services to its users, may (a) transmit or distribute your content over various public networks and in various media; and (b) 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 Nixie to take these actions.
(4) You confirm and warrant to Nixie that you have all the rights, power and authority necessary to grant the above license.
(5) Nixie gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Nixie as part of the Services as provided to you by Nixie (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Nixie, in the manner permitted by the Terms.
(6) 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 the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Nixie, in writing.
(7) Unless Nixie has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Software which you use may automatically download and install updates from time to time from Nixie. 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 Nixie to deliver these to you) as part of your use of the Services.
Liability
The services and information in the Site are provided as-is. They cannot be adjusted to fit every person. You shall make no claim or demand against the Company or any party on its behalf due to the nature of the services, their abilities, limitations, fitting to your needs or the responses (if any) to publication of information, details or files by you on the Site. Use of the services is at your own risk and full responsibility.
Any decision you make in respect of the information published in the Site and/or following your use of the Site is your sole responsibility.
The Company does not undertake that the services on the Site will not be interrupted, will be provided without breaks or regularly, will be provided safely or without mistake and will be full proof from unauthorized access to the computers of the Company, or from damages, malfunctions, faults or failures – in hardware, software, communication lines and systems, of the Company or any of its providers.
The Company does not undertake that third parties will not upload to the site viruses or other malware, including spyware, and will not bear any responsibility or liability for any damages caused to any Site user as a result of malware uploaded by third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NIXIE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(8) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(9) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(10) 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 THE SERVICES;
(11) ANY CHANGES WHICH NIXIE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(12) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(13) YOUR FAILURE TO PROVIDE NIXIE WITH ACCURATE ACCOUNT INFORMATION;
(14) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON NIXIE’S LIABILITY TO YOU HEREIN SHALL APPLY WHETHER OR NOT NIXIE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING
Indemnification
You undertake to indemnify the Company, its employees, manages or any third party on its behalf, for any damages, loss, loss of profit, expenditure or outgoing caused to any of them, including lawyer expenses and trial costs, as a result of a breach of these terms and conditions. In addition, you will indemnify the Company, its employees, manages or any third party on its behalf, against all claims, demands, and damages due to a claim by any third party as a result of information or contents you provided for publication on the Site.
Change and termination of service
The Company shall be entitled to change from time to time the structure of the Site, including its design, extent, nature and availability (temporary or permanent) of the services provided, and including these terms and conditions, without providing prior notice to you. Naturally, such changes may involve malfunctions or initial discomfort. You shall make no claim against the Company or any party on its behalf, due to the performance of such changes or malfunctions occurring during such performance.
The Company may cease to provide the services at any time, in whole or in part. The Company will provide prior notice, in the Site, at least 30 days in advance. Upon termination of the services, the Company will continue to hold the information in the Site for an additional 30 days, after which it will be entitle to erase all data without backup or additional notice.
The Company reserves the right to edit, correct change and delete and information published by users on the Site, to conform with these terms and conditions.
Cancellation policy
You are entitled to cancel a transaction for the purchase of services on the Site with 14 days of the transaction, provided such cancelation is made at least two days, which are not rest days, prior to the date on which such services are to be provided.
Any such cancellation notice must be provided to the Company by email to Support@nixie-apps.com
In the event of such cancellation, the Company will return to you, within 14 days of receipt of the cancellation, such part of the transaction costs paid by you, will cancel the transaction, all after deducting a cancellation fee of no more than 5% of the transaction cost, or 100 NIS, according to the lower.
Choice of Law and Venue
Use of the Site will be subject solely and exclusively to the laws of the State of Israel
The sole and exclusive venue for any claim resulting from these terms and conditions, or from use of the Site, shall be the qualified courts in Tel Aviv, Israel.
