Terms and Conditions of Service

 

1. Introduction 

These terms and conditions, hereinafter the "Terms of Service", governing access and use of the www.nexdu.com website, owned by NEXDU SAS, hereinafter NEXDU, as defined in paragraph 2 below, as well as the its applications, functions, products and services, are hereinafter and collectively "The Portal". NEXDU owns all the contents of the Site, its programs and products and all intellectual property rights related to the Site. The Terms of Service constitute the entire agreement between you, hereinafter the "User", and NEXDU. You consent to the Terms of Service by accessing the Site or the use thereof. If you are not willing to agree to the Terms of Service, do not access or use the Site. 

2. Definitions. 

• User: The natural or legal person accessing or using the Site. The words "you" or "your" or "yours" or the like refer to the User. 

• NEXDU: The words "we", "our" or similar or "NEXDU" refer to a company incorporated in Bogota D.C. in Colombia. 

• Content: It means products, services, text, numbers, images, photographs, sounds, video and any other form of data or information. "Your Content" and "User Content" means Content that you enter on the Site or that is transmitted through the Site, including any information that you display as part of your account or profile. 

• Third Party Content: This means Content made available on the Site by any person other than NEXDU or the user, such as NEXDU authorized data providers for use on the Site. "NEXDU Content means Content made available on the Site by NEXDU," Site Content "means any Content that is made available on the Site, including your content, user content, third party content and NEXDU content. 

• Products: These are the marketing units NEXDU offers users and third parties through the Site. Also, they are known as INFOPRODUCTS when these are purely virtual. 

3. Translations. 

These Terms of Service are written in Spanish and may be translated into other languages, if necessary. Any case of inconsistency between different language versions will be resolved in the Spanish version. 

4. Modifications. Discontinuation.

NEXDU may modify or update these Terms of Service at any time. 

The changes will be valid and enforceable after they are notified by posting on the Site. To stay updated of changes, you should read these Terms of Service regularly. Any change will be accepted by you through your access to the Site. NEXDU, at its sole discretion, may discontinue or terminate the Site at any time without justifying the cause, without notice, without thereby assuming responsibility and without giving rise to claims. 

5. User Accounts. 

For certain custom applications, it will be necessary for you to open an account with NEXDU ion The Portal and to provide information about you to use some of the functions of The Portal. As a condition to opening an account ion The Portal, you may have not been previously suspended or removed from the site by NEXDU; (B) you are not a direct competitor of NEXDU; (C) you do not have more than one account with NEXDU and (d) you have full capacity to accept these Terms and that does not mean a violation of any other agreement to which you are involved. 

You will be responsible for keeping your password to access your account and all actions related to it safe. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time without having to justify the cause, without notice, without liability and without giving rise to claims. 

There are two types of accounts: 

Personal Account: This is an account for personal use. When you open a personal account, you will be required to provide us with accurate and complete information about yourself in order to support your credibility as a contributor to the site. This account will allow comments and qualify businesses. You will not be allowed to provide e-mail addresses other than yours, accounts with false information, fake accounts, or those by creation providers and temporary accounts, nor is creating multiple Personal Accounts allowed. 

Business Account: This is an account solely for the purpose of publishing your business on the site. This account may be a personal account, and when you add your business information, it will become a business account. 

When creating or updating a Business Account, you must be the owner or an authorized representative of the business and must provide accurate and complete information about yourself and the business you represent. E-mail other than yours or creating multiple Business Accounts for a business located in one place will not be accepted. 

6. Access to and use of the Site. 

Access to and use of the Site is permitted subject to these Terms of Service. By accessing the Site, you may be exposed to objectionable, offensive, indecent, inaccurate or otherwise inappropriate content. 

Such content is outside NEXDU and NEXDU cannot prevent or guarantee that they are entered on the Site. Therefore, you access the Site at your own risk and responsibility. 

7. Business Communication. 

The e-mail that the User provides to NEXDU can be used to send business or promotional communication, either through email or any other means of communication. The user gives consent for such communications. However, the User may revoke the consent by notifying the address contacto@nexdu.com 

8. Linked devices. 

The links that appear on the site (links, banners, buttons) are intended to inform the existence of other sources of information and facilitate the user's search and access to such information. Such devices do not indicate a suggestion, invitation, offer or recommendation to visit such sources. Therefore, NEXDU is not responsible for the result obtained through these links or for the information from other content that such links or other directories provide or search tool content. 

9. Restrictions for Use. 

You agree not to use the Site or collaborate with someone else to use the Site to: 

• Break the law, regulations or the Terms of Service. 

Threaten, intimidate, defraud, incite, harass, injure or otherwise interfere with other users who use the Site.

Force transmitted or otherwise unsolicited advertising ( "spam"), chain letters, contests or sweepstakes, obscene or offensive information, chain sales, surveys or other mass messaging, whether commercial or otherwise.

Create a conflict of interest such as trade information or trade qualification with other business owners or business, creating or promoting the creation of misleading information ( "shill reviews"). 

Manipulating information returns ("keyword spamming"). 

Mischievously promote social, racial, religious, political, sexual or other harassment or discrimination of social minorities. 

Violate intellectual property rights, privacy, confidentiality or secrecy. 

Transmit pornographic information or provide it in any illegal form. 

Modify, adapt, reproduce, distribute, translate, create derivative or adapted concepts, publicly display, sell, trade or otherwise exploit the Site or the Site Content. Reverse process analyze any portion or section of the Site ("reverse engineering"). 

Remove or modify any notice or legend for a copyright, trademark or other rights of the Site or any material printed or copied from the Site. 

Record, process or appropriate information about other users. 

Use any device, process or means to access, remove, start or index the Site or the Site Content ("robor, spider, site search/retrieval"). 

Access, remove, or index the site in order to build databases of business information. 

Reform or distort any portion or section of the Site. 

Perform any imposing action, or at NEXDU's discretion, may impose an unreasonable or disproportionate burden on the technological infrastructure of the site. 

Attempt to gain unauthorized access to the site, user accounts, systems, or networks connected to the site through hacking, unauthorized use of keys or "passwords" or by any other means; use the site or any site content to transmit computer viruses ("viruses, worms, Trojan horses") or other equally harmful means, use any device, program or routine that interferes with the appropriate work of the site, make excessive demands for traffic, use the site to violate the security of any computer network or computer system, break keys, passwords or security encrypted codes , interfere or damage the security of the site or of the content of the site, remove, circumvent, put out of service, damage or in any way interfere with the site's security devices, with devices that prevent or restrict the use or copying of the site content or devices that activate limitations on the use of the Site. 

10. Permission to use Your Content. 

NEXDU can use Your Content in various forms, including displaying it on The Portal, reforming it, incorporating it into advertisements or other functions, creating derivative functions, promoting it, distributing and allowing others to do so through their own websites or other means ("Other Media"). As such, you irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant permission for Site users or Other Media users to access Your Content in connection with the use they make of the Site or Other Media.

11. Responsibility for Your Content. 

It is not allowed to make notes or comments that, by the sole discretion of NEXDU, have the following characteristics: 

That violate privacy. 

That are contrary to the law, morals, good customs, that trivialize crime, that are violent or that instigate committing crimes. 

That contain falsehoods, foul, obscene, offensive or discriminatory language. 

That imply offenses or attacks against Site users or third parties by any means, such as those containing insults, libel, slander, harassment, threats, false allegations, insults, defamation or pornography. 

That contain expressions that may cause danger to the physical or mental health. 

You are solely responsible for Your Content and assume all risks associated directly or indirectly with your content. You assume full liability to third parties of your content violates or affects the rights of others. You assume exclusive liability to NEXDU and assume the obligation to immediately and satisfactorily compensate NEXDU for all claims of any kind by third parties that are the consequence of access to the Site, your use of the Site, Your Content or your breach of the Terms of Service. 

NEXDU may, at its sole discretion, remove or modify your content in the event that violates our guidelines or policies. NEXDU is not required to provide you with copies of Your Content. 

NEXDU may display advertisements and other information adjacent to your content without giving you the right to compensation. 

12. Limitation of Liability. 

NEXDU makes the Site available as is and with the risks that it might entail. NEXDU does not guarantee or assume responsibility for any consequences of the use of the Site by the User or by third parties or for the Site Content, Third Party Content or NEXDU Content or damages that may occur to the User or third parties. In this regard NEXDU assumes no responsibility to the User or third parties for direct, indirect, efficient, incidental, punitive or consequential damages or lost profits, moral damage or damage to one's image or reputation. 

If the user does not have full capacity de facto or by law shall not access or use the Site. NEXDU will not be liable for any consequences that may result from access or use of the Site by Users who are found within the conditions of this clause. 

13. Information on Users. 

NEXDU will not guarantee, ensure nor assume responsibility for the User's identity or the accuracy, validity and authenticity of the data and information that users provide about themselves, about other Users or that which is made accessible to other users. 

14. Cookies. 

NEXDU may use cookies to improve service, which will be installed on the user's computer. Cookies are installed when you access the Site. The User is aware of the use of these cookies. If the user does not wish the cookies to be installed, they must delete the cookies or set their computer to not receive them. In these cases, the speed and quality of the NEXDU service may decrease. 

15. Independence. 

NEXDU is a company that is fully independent from the User and the third parties that may access or use the Site. Access or use of the Site does not create or be interpreted as creating a corporate, associative, business or employment relationship between NEXDU, the User and/or third parties. 

16. Jurisdiction. 

The Terms of Service are governed by the laws of Colombia, if so required. For any dispute, NEXDU, the User and third parties assume the exclusive jurisdiction of competent judges based in Colombia.

 

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