Terms of Service
Last modified: October 1, 2019
WELCOME TO NGAGE!
Thanks for using our service. The service is provided by Ngage, LLC (Ngage), Potomac, Maryland, United States. By using our service, you are agreeing to our Terms of Service (terms); please read them carefully! You may use our service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. If we disable your account, these terms shall terminate as an agreement between you and Ngage.
Ngage gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the service provided to you. This license has the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Ngage, in the manner permitted by these terms.
You may use our service only if you agree to form a binding contract with Ngage, LLC, and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use our service. If you are accepting these terms and using our service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these terms, in which case the words “you” and “your” as used in these terms shall refer to such entity.
Using our service does not give you ownership of any intellectual property rights in our service or the content you access. You may not use content from our service unless you obtain permission from its owner or are otherwise permitted by law. Ngage’s terms do not grant you the right to use any branding or logos used in our service. Do not remove, obscure, or alter any legal notices displayed in or along with our service.
Ngage does display content that we do not own; however, this content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
PRIVACY POLICY
Our Privacy Policy (www.ngage.cloud/privacy) describes how we handle the information you provide to us when you use our service. You understand that through your use of the service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to various storage facilities throughout the United States and other countries for storage, processing and use by Ngage and its affiliates.
YOUR NGAGE ACCOUNT
You need a Ngage account to use our services. You may create your own Ngage account, or your Ngage account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Ngage account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
To protect your Ngage account, keep your password confidential. You are responsible for the activity that happens on or through your Ngage account. Try not to reuse your Ngage account password on third-party applications. If you learn of any unauthorized use of your password or Ngage account, contact us immediately!
PRIVACY AND COPYRIGHT PROTECTION
Ngage’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our service. By using our services, you agree that Ngage can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA).
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact us immediately.
YOUR CONTENT IN OUR SERVICE
Our service allows you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive content to or through our service, you authorize Ngage to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant are for the limited purpose of operating, promoting, and improving our service, and to develop new services. This license continues even if you stop using our services.
Ngage may display your profile name, profile photo, and actions you take on Ngage or on third-party applications connected to your Ngage account in our service, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Ngage account. You can find more information about how Ngage uses and stores content in the privacy policy. If you submit feedback or suggestions about our service, we may use your feedback or suggestions without obligation to you.
You are responsible for your use of our service and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others. Any use or reliance on any content or materials posted via the service or obtained by you through the service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the service or endorse any opinions expressed via the services.
You understand that by using our service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. Ngage may not monitor or control the content posted via our service and, we cannot take responsibility for such content. We reserve the right to remove content that violates the Terms of Service or Code of Conduct, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
MODIFYING AND TERMINATING OUR SERVICE
Ngage is constantly changing and improving its service. We may add or remove functionalities or features, and we may suspend or stop a service altogether. You can stop using our service at any time, Ngage may also stop providing a service to you, or add or create new limits to our service at any time. You own your data and we preserve your access to such data. When Ngage decides to discontinue a service, we provide you notice and an opportunity to retrieve your information.
OUR WARRANTIES AND DISCLAIMERS
We provide our service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. Other than as expressly set out in these terms or additional terms, neither Ngage nor its suppliers or distributors make any specific promises about the service. We provide the service “as is”.
LIABILITY FOR OUR SERVICE
When permitted by law, Ngage, and Ngage’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Ngage, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use our service (or, if we choose, to supplying you the service again). In all cases, Ngage, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
BUSINESS USES OF OUR SERVICE
If you are using our service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Ngage and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of our service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a service. Changes will not apply retroactively and will become effective no sooner than thirty (30) days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue using our service. If there is a conflict between these terms and the new terms, the new terms will take precedence.
These terms control the relationship between Ngage and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t act right away, this does not mean that we are giving up any rights that we may have (such as acting in the future). If it turns out that a term is not enforceable, this will not affect any other terms.
The laws of Maryland, United States of America, will apply to any disputes arising out of or relating to these terms or the services. All claims arising out of or relating to these terms or the service will be litigated exclusively in the federal or state courts of Montgomery County, Maryland, United States of America, and you and Ngage consent to personal jurisdiction in those courts.
OUR TERMS OF SERVICE
Ngage’s service enables people to connect with each other, build communities, and grow businesses. Our terms govern your use of Ngage, and the products, features, applications (apps), and technologies we offer, except where we expressly state that separate terms apply. You are not charged to use Ngage, we earn revenue through advertising. By using our service, you agree that we can show you advertisements (ads) that we think will be relevant to you and your interests. We use the data you provide us to help determine which ads to show you.
We don’t sell your data, and we don’t share information that directly identifies you (such as your name, email address or other contact information). However, advertisers share with us the kind of audience they want to see their ads, and we show these ads to Ngage users who may be interested. We do provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.
1. The Service We Provide.
Our mission is to empower people to engage with others in the cloud to bring the world closer together. To advance this mission, we:
2. Funding.
Ngage is funded through advertising. Instead of paying to use Ngage, by using Ngage, you agree that we can show you ads that businesses and organizations are promoting on Ngage. We use the data you provide, to show you ads that are more relevant to you.
Protecting privacy is central to how the advertising system we use operates. This means we show you relevant and useful ads without telling advertisers who you are. We don't sell data! We only collect and use the data you provide to provide our service to you. We do allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads. We then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content.
3. Your Commitment to Ngage and Your Ngage Community.
Ngage provides this service free. In exchange, we ask you to make the following commitments:
We want people to use Ngage to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of this community. You therefore agree not to participate in the conduct described below (or to facilitate or support others in doing so):
Ngage will remove or restrict access to content that is in violation of these provisions. If we remove content that you have shared in violation of our Code of Conduct, we will inform and, explain how your violation: expose Ngage or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of our service; is restricted due to technical limitations; or explain how your violation is simply prohibited because of applicable legal reasons. If you delete or we disable your account, these terms shall terminate as an agreement between you and Ngage. To help support our community, report content or conduct that you believe violates your rights or our Code of Conduct.
4. The Permissions You Give Us.
Ngage requires permission from you to use the content you create and share. We need your permission because some content that you share or upload, such as photos or videos, are protected by intellectual property laws. You own the intellectual property rights (copyright or trademarks) in any such content that you create and share on Ngage. These terms do not take away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide you our service we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our service as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our service, you give us permission to use the content you share, post or upload, and grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your account settings). This license ends when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. When you delete content, it is no longer visible to other users, however it may continue to exist elsewhere on our systems where:
Ngage requires permission from you to use your name, profile picture, and information about your actions with ads and sponsored content. You give us permission to use your name and profile picture and information about actions you have taken on Ngage next to or in connection with ads, offers, and other sponsored content that we display across our network, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Ngage. Ads like this can be seen only by people who have your permission to see the actions you've taken on Ngage.
5. Using Our Intellectual Property.
If you use content covered by intellectual property rights that we have and make available in our service (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Ngage), Ngage retains all rights to that content. You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
6. Updating Our Terms.
We work constantly to improve our service and develop new features to make our service better for you and our community. As a result, we update our terms to accurately reflect our service. We will notify you before we make changes to our terms and give you an opportunity to review them before they go into effect. Once any updated terms are in effect, you will be bound by them if you continue to use our service. If you do not agree to our updated terms and no longer want to be a part of this community, you can delete your account at any time.
7. Account Suspension or Termination.
We want Ngage to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have breached our terms or policies, particularly our Code of Conduct, we will suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action, we will let you know and explain how your violation: expose Ngage or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of our service; is restricted due to technical limitations; or explain how your violation is simply prohibited because of applicable legal reasons. If you delete or we disable your account, these terms shall terminate as an agreement between you and Ngage.
8. Limits on Liability.
Ngage works hard to provide the best service we can and to specify clear guidelines for everyone who uses it Our service, however, is provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms or our service, even if we have been advised of the possibility of such damages. Our aggregate liability arising shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms or our service, even if we have been advised of the possibility of such damages.
9. Disputes.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and Ngage, LLC. If a dispute does arise, however, it is useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these terms or the Ngage service ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the State of Maryland or a state court located in Montgomery County, Maryland, United States of America. You also agree to submit to the personal jurisdiction of either of these courts for litigating any such claim, and that the laws of the State of Maryland will govern these terms and any claim, without regard to conflict of law provisions.
10. Other.
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