Thank you for choosing the nubiDO. The following Terms of Service ("TOS") are between you and Gennubi, Inc. and constitute a legal agreement that governs your use of nubiDO software and services (collectively referred to as "nubiDO"). By using nubiDO, you are agreeing to the these TOS. If you do not agree with these TOS, then do not use nubiDO. nubiDO is a product of Gennubi, Inc. "Gennubi" or "We" as used herein means Gennubi, Inc.
Gennubi may, in its sole discretion or when required by law, modify or revise these terms at any time by updating this web page. If possible, we will proactively inform you of the changes prior to the effective date via the email you provided during your account creation. If you do not agree with the changes, you must discontinue use of nubiDO.
Use of nubiDO is at all times "at your own risk." If you are dissatisfied with any of the materials, other contents of nubiDO, any of these terms and conditions, nubiDO's privacy policy, or any other policies, your only remedy is to discontinue use of nubiDO. In no event shall Gennubi be liable to any user or third party, for any damages whatsoever resulting from the use or inability to use the nubiDO or the material on nubiDO, whether based on warranty, contract, tort, or any other legal theory, and whether or not Gennubi is advised of the possibility of such damages. The definition of damages under this provision include, but are not limited to, indirect or consequential damages, any loss or damage arising from loss of data, and any lost profits arising out of or in connection with the use of this nubiDO.
nubiDO and Gennubi are protected by copyright and other laws in both the United States and elsewhere. Copyrighted materials include content owned or controlled by the web site and includes the concept, programming, layout, images and design. You may not, except with out express written permission, distribute or commercially exploit our copyrighted content.
Gennubi will use reasonable efforts to ensure that nubiDO is available twenty-four hours a day, seven days a week. However, there will be occasions when nubiDO will be temporarily interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Reasonable steps will be taken by Gennubi to minimize such disruption where it is within Gennubi's control. You agree that Gennubi will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of nubiDO or your content.
nubiDO and material therein are provided without warranties of any kind, whether express or implied. The web site, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The web site makes no warranties about the accuracy or reliability of the material, services, text, graphics, and/or links. The web site does not warrant that the web site will operate error-free or that this web site or its server are free of computer viruses or other harmful items. If your use of our web site or the material on this site results in the need for servicing or replacing equipment or data, the web site is not responsible for those costs.
"Content" means any information that may be generated or encountered through use of nubiDO, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on nubiDO is the sole responsibility of the person from whom such Content originated. This means that you, and not Gennubi, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of nubiDO. You understand that by using nubiDO you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Gennubi does not control the Content posted via nubiDO, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
By using nubiDO you agree to defend, indemnify, and hold harmless the web site, its officers, directors, employees and agents, from any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of this agreement. Gennubi shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and Gennubi. Any changes to this agreement must be made in writing and signed by an authorized representative of the web site.
Gennubi administers and operates the http://www.gennubi.com and https://www.nubido.com websites from USA. Although nubiDO is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on nubiDO are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Gennubi reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on nubiDO is void where prohibited. If you choose to access nubiDO from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Gennubi, nubiDO and other Gennubi trademarks, service marks, graphics, and logos used in connection with nubiDO are trademarks or registered trademarks of Gennubi, Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with nubiDO may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within nubiDO.
You agree to pay all fees and charges specified when you signed up nubiDO and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of nubiDO.
You may be asked to provide Gennubi with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the nubiDO. Gennubi may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Gennubi will charge the subscription fees and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing Gennubi to charge a credit card for the fees associated with your subscription, you are authorizing Gennubi to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Gennubi of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize Gennubi, or any other company that acts as a billing agent for Gennubi, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide Gennubi updated information on your credit card upon Gennubi’s request and any time the information earlier provided is no longer valid. If payment is not received by Gennubi from your credit card issuer or its agents, you agree to pay all amounts due upon demand by Gennubi.
When you sign up for the nubiDO Premium Edition, the subscription automatically renews upon its expiration. This means that unless you cancel your account prior to its expiration, your account will automatically renew for another year. At the time of renewal, we will charge your credit card your current subscription fee to renew the Service. You may cancel your auto-renewing account at any time from within the Settings window of nubiDO.
All fees and charges paid by you in relation to nubiDO are nonrefundable. Applicable local law may vary this policy.
Gennubi may at any time, upon notice required by applicable law, change the price of nubiDO or any part thereof, or institute new charges or fees. Price changes will apply only to new subscribers after the effective date of the change. Existing subscribers will continue to be priced at their current subscription fee (as long as their account is in good standing and their current subscription has not lapsed or been cancelled). If you do not agree to any such price changes, then you must cancel your account and stop using nubiDO. Your continued use of nubiDO after the effective date of any such change shall constitute your acceptance of such change.
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