2. If you subscribe to the Service on behalf of a business, you represent to Nextmessage that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. Nextmessage will always ask for consent to use the name or logo of your business on Nextmessage’s website and other promotional material as a customer of the Service.
4. As long as you comply with this Agreement, Nextmessage grants you a limited, revocable, non- exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. Nextmessage grants you no other rights, implied or otherwise.
5. You may not use the Service to disseminate any unlawful or other objectionable material, or to harm others or the Service itself. For example, you must not:
1. By using the Service, you grant Nextmessage a worldwide, irrevocable, non-exclusive, royalty free license to use all material (including text, images and other visual material, hereafter referred to as the “User Content”) you upload or post to the Service for the sole purpose of providing the Service and solely for the duration of the Agreement. The content as given will not be shared with Third Parties except for the Parties as chosen by you. You hereby acknowledge that all content as posted to the Service is already publicly available with exception to content that is retrieved from password protected servers.
2. You may not upload or post to the Service or otherwise use in any way in connection with your use of the Service User Content which includes any text, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition. All trademarks and/or service marks displayed on the Service are the exclusive property of their respective owners, and may not be used without the owner’s permission.
3. Nextmessage does not claim ownership of the User Content. Although Nextmessage reserves the right to edit or remove any User Content you upload or post to the Service, we do not control or verify the User Content that you upload or post to the Service, nor do we undertake to monitor the User Content uploaded or posted to the Service.
4. You control who may access your User Content. When you give others access to your User Content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public such User Content solely in connection with the Service. If the User Content includes a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Service to share your User Content.
5. Nextmessage may need, and you hereby grant to Nextmessage the right, to use, modify, adapt, reproduce, distribute, publish and display any User Content posted on the Service. These rights apply solely to the extent necessary for the operation of the Service.
7. You are responsible for backing up the User Content that you store on the Service. We may permanently delete your User Content from the Service if your access to the Service is suspended or canceled. We do not have any obligation to return User Content to you after your access to the Service has been suspended or canceled. If User Content is stored with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable.
8. You agree that Nextmessage is not responsible for any Product or Professional Service that is shown within the Service and originates from a source other than Nextmessage. All matters concerning the Products or Professional Services offered by Third Parties, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Parties. We make no warranties or representations whatsoever with regard to any Products or Professional Services by Third Parties. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
NEXTMESSAGE DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE WILL BE ERROR FREE, OR THAT THE SERVICE WILL BE CONSTANTLY AVAILABLE, OR THAT TRANSMISSION OF DATA TO/ FROM THE SERVICE WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEXTMESSAGE DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE SERVICE IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. NEXTMESSAGE RESERVES THE RIGHT TO CORRECT ANY ERRORS ON IN THE SERVICE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ASSOCIATED WITH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEXTMESSAGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON THE SERVICE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, NEXTMESSAGE DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR DIRECT AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY MATERIALS, USER CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
Services. You acknowledge and agree that Nextmessage is not responsible for the availability of any Third-Party Services and that Nextmessage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with you use of or interaction with any Third-Party Services.
3. Your use of the Service does not give you any authority to act as an agent, legal representative or employee of Nextmessage or of any third party with whom Nextmessage has a relationship, and you agree not to represent that you are otherwise.