Effective Date: January 8, 2015
Nlyte Website Terms and Conditions of Use
Persons under the age of 18 are prohibited from registering as members. By registering as a member you represent that you are age 18 or older.
Posting and Use of User Content
You agree not to disclose to any person or entity personally identifiable information about other members that you learn while using this Site without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the below restriction on non-commercial use.
In your communications with Nlyte, please keep in mind that unless we expressly request them, Nlyte does not seek any unsolicited ideas or materials, e.g. materials you authored (the “Unsolicited Ideas and Materials”), for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for scientific tools or otherwise. Any information and materials you post on or send to us via the Site or any associated app (regardless of whether we have requested them or not) are deemed Unsolicited Ideas and Materials and are licensed to us as set forth below. You agree that (a) your Unsolicited Ideas and Materials will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Nlyte does not assume any obligation of any kind to you or any third party with respect to your Unsolicited Ideas and Materials.
By providing Unsolicited Ideas and Materials to us or others via the Site or via any associated app, you hereby grant to Nlyte a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Unsolicited Ideas and Materials (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Unsolicited Ideas and Materials and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Unsolicited Ideas and Materials for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Nlyte to your Unsolicited Ideas and Materials, you also hereby grant to Nlyte, and agree to grant to Nlyte, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content and Unsolicited Ideas and Materials, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Unsolicited Ideas and Materials, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein.
Proprietary Rights in Site
The Site or a mobile application associated with the Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s or an application associated with the Site’s) features, and the ability to upload content to the Site or associated applications, receive messages from the Site or any associated app, and download applications to your wireless Internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site or via an associated app for Wireless Features, then you agree to notify Nlyte of any changes to your wireless contact information (including phone number) and update your accounts for the Site to reflect the changes.
You shall not post, upload, transmit or share any information or other content on the Site that:
- is false, inaccurate or misleading
- is obscene or indecent
- infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party
- is defamatory, libelous, threatening, abusive, hateful, or contains pornography
- contains unsolicited or unauthorized advertisements, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- contains any private information of any third party, including, addresses, phone numbers, email addresses, social security, National Insurance (or equivalent in your jurisdiction) numbers and credit card numbers
You shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). You may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You shall not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) of Nlyte without Nlyte’s express written consent in advance.
You shall not solicit personal information from any other user or solicit passwords from any other user. You shall not use contact information provided by users, or collect email addresses of other information about our users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your registration account to take such actions.
You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.
Nlyte may remove any content that you upload or post at the Site or disable your access to the Site at any time, for any or no reason, and without notice to you.
If you register as a member of the Site, you agree to provide accurate and complete information about you as may be prompted by any registration forms on the Site. To the extent such information about you changes, you agree to promptly update such registration information with the Site to keep it accurate, current and complete. You shall not register for more than one User account or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Nlyte of any unauthorized use of your membership password or login.
Your Linking to Site
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Nlyte or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by Nlyte. You may not use any logo or other proprietary graphic or trademark of Nlyte to link to any page of this Site without the express written permission of Nlyte. This limited right may be revoked at any time.
Links to Other Websites
Nlyte may contain links to other websites that are not under the control of Nlyte. The inclusion of any link does not imply endorsement by Nlyte of such site and Nlyte is not responsible for the content of such linked sites. If you decide to leave the Site and access a third party website, you do so at your own risk.
You agree that Nlyte may, with or without cause, immediately terminate your Nlyte registration and access to the Site (including to User Content you may have posted) without prior notice. Without limiting the foregoing, the following may lead to a termination by Nlyte of a member’s registration and use of the Site:
- requests by law enforcement or other government agencies
- a request by you (self-initiated membership cancellation)
- unexpected technical issues or problems
- extended periods of inactivity
Nlyte has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Nlyte reserves the right to from time to time change the terms of this Agreement and charge for registration and/or to provide additional optional services for a fee.
Disclaimer of Warranties
The Site, Site Content and the other content and services made available on the Site are provided on an “as is” and “as available” basis. Nlyte does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site Content, or any advice or services provided through the Site to the extent permitted by law. Nlyte does not warrant that access to the Site, your or other members’ User Content, other Site Content, or services will be uninterrupted or error-free, that defects in the site will be corrected, or that the Site is free from viruses or other harmful components.
The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by Nlyte, and you use such information at your own risk.
You expressly agree that use of the Site, including all content, data or software distributed by, downloaded or accessed from or through the Site, is at your sole risk.
Limitation of Liability
Under no circumstances shall Nlyte, its partners, contributors, agents, employees, directors, or affiliates be liable for any (i) damages for lost data, due to your use of, or inability to use, this Site or due to your reliance on any of the content contained or the services provided on or through the Site.
And (ii) indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages).,Under no circumstances shall Nlyte, its partners, contributors, agents, employees, directors, or affiliates be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.
Nlyte will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer program, data or other proprietary material due to your use of our Site or to your downloading any Site Content or User Content, or on any website linked to it.
Nlyte assumes no responsibility for the content of third party websites linked to our Site. Nlyte will not be liable for any loss or damage that may arise from your use of third party websites.
Comments and Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to Nlyte are non-confidential and that Nlyte shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Digital Millennium Copyright Act
Notification: If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site
- a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address
- a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Nlyte’s designated Copyright Agent for notice of claims of infringement is:
Riverside House, 26 Osiers Road, London, SW18 1NH
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Nlyte’s customer service through [copyright@Nlyte.com]. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification: If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent:
- your physical or electronic signature
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
- a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material
- your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in San Francisco, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter notification is received by the Copyright Agent, Nlyte may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, Nlyte may, in appropriate circumstances, terminate access, at Nlyte’s sole discretion, of any User that we find to be a repeat infringer of others copyrights. Nlyte may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such User is a repeat offender or not.
Governing Law and Venue
“Nlyte™” and the Nlyte logo are trademarks of Nlyte Software Limited. You agree not to display or use these trademarks in any manner without Nlyte’s prior, written permission.
Nlyte may assign this agreement at any time. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
26 Osiers Road