Namminik Terms of Service

Your Acceptance

By using and/or visiting this website , a service from TechSolCom IT Group, you signify your agreement to these terms and conditions (the "Terms of Service"), and (2)Namminik's privacy notice, found at http://www.Namminik.com/t/privacy and incorporated here by reference, and also incorporated here by reference. If you do not agree to any of these terms, the Namminik privacy notice, or the Community Guidelines, please do not use the Namminik Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at: http://www.namminik.com/terms.xhtml). Namminik may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Namminik Accounts

In order to access some features of the Website, you will have to create a Namminik account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Namminik immediately of any breach of security or unauthorized use of your account.

Although Namminik will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Namminik or others due to such unauthorized use.

General Use of the Website -- Permissions and Restrictions

Namminik hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Namminik's prior written authorization.
You agree not to alter or modify any part of the Website or any of its related technologies.
You agree not to use the Website, including the Namminik Embeddable Player for any commercial use, without the prior written authorization of Namminik.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Namminik servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

Namminik reserves the right to discontinue any aspect of the Namminik Website at any time.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NAMMINIK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NAMMINIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NAMMINIK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL I NJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NAMMINIK WEBSITE. NAMMINIK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NAMMINIK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NAMMINIK WILL NOT BE A PARTY TO OR IN ANY WAY BE R ESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL NAMMINIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NAMMINIK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NAMMINIK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Namminik from its facilities in Canada. Namminik makes no representations that the Namminik Website is appropriate or available for use in other locations. Those who access or use the Namminik Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Namminik, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Namminik Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Namminik Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Namminik Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Namminik Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Namminik without restriction.

General

You agree that: (i) the Namminik Website shall be deemed solely based in Quebec; and (ii) the Namminik Website shall be deemed a passive website that does not give rise to personal jurisdiction over Namminik, either specific or general, in jurisdictions other than Quebec. These Terms of Service shall be governed by the internal substantive laws of the Province of Quebec, without respect to its conflict of laws principles. Any claim or dispute between you and Namminik that arises in whole or in part from the Namminik Website shall be decided exclusively by a court of competent jurisdiction l ocated in Montreal, Quebec. These Terms of Service, together with the Privacy Notice athttp://www.namminik.com/terms.xhtml#privacy and any other legal notices published by Namminik on the Website, shall constitute the entire agreement between you and Namminik concerning the Namminik Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of s uch provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Namminik's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Namminik reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Namminik Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND NAMMINIK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NAMMINIK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Policy

The following describes privacy practices specific to Namminik. To understand how we treat the information you give us as you use Namminik, you should read this policy.

Personal Information

Account-Related Activity. Namminik requires you to have a Namminik Account. We ask for some personal information when you create a Namminik Account, including your email address and a password, which is used to protect your account from unauthorized access.
Usage Information. We may record information about your usage, such as when you use Namminik, and the frequency and size of data transfers, as well as information you display or click on in Namminik (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account.

Uses

Trough the Namminik Site, we use your personal information to operate, maintain, and provide to you the general and personalized features and functionality of the Namminik Site, and to process any flagging activity or correspondence you send to us.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Namminik Site changes or for customer service purposes).
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Namminik Sites and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications.
We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Namminik Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

Your Choices

You may update or correct your personal profile information and email preferences at any time by visiting your account settings page.

Third-party Advertisers, Links to Other Sites

Namminik allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Namminik Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Namminik Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

Namminik does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent.

You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Namminik's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

Currently, Namminik has relationships with the following third-party ad servers or ad networks:

Google, Inc. (http:/www.google.com/privacypolicy.html)

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Terms and Conditions