Terms of Service

The following terms and conditions govern all use of the Nimbus Website, the Nimbus Frame and the Nimbus Service. Before using any of the Nimbus Frame services, you are required to read, understand, and agree to these terms.

ACCEPTANCE OF TERMS.

The web pages available at NimbusFrame.net/com and linked pages controlled by Nimbus (“Site”), are owned and operated by Nimbus, Ltd., a Colorado limited liability company (“Nimbus”) and are accessed by you under the Terms of Service described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, setting up an account, viewing any content or using any services available on the site (as each is defined below) you, as well as any minor under your care and control, agree to be bound by these terms.

Nimbus Account.

As a condition to using the Frame (as defined herein) or the Services (as defined herein), you are required to open an account with Nimbus and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Nimbus account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the security of your account, the access to your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Nimbus of any unauthorized uses of your account, or any other breaches of security. Nimbus will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Services are available only to individuals who are at least 18 years old, or if under 18 years old, have been authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display media containing nudity and violence that may be offensive to some.

Nimbus Service.

The Site provides a service (“Service”) that allows account holders (“Users”) to control, maintain, and configure Frame content. A Nimbus Frame (“Frame”) is a digital media display device that interfaces with the Service to allow media content to be displayed at the direction of the Users and Frame owner. The Service further allows a community of Users (both Frame owners and artists) to upload photographs and images, share images, comments, opinions and ideas. Users promote their work, participate in contests and promotions, access and/or purchase Services from time to time made available on the Site. Services include, but are not limited to, any service and/or content Nimbus makes available to a User or performs for a User, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, video, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Nimbus. You agree to allow Nimbus access to your Frame in order to troubleshoot any system-wide, or User specific, malfunction, problem, or system update required, as determined in the sole discretion of Nimbus. Nimbus reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Nimbus may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Content and you are directed to retain your own copies of all Content posted on the Site.

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Nimbus are entirely responsible for all Content that you post, upload, or otherwise submit to the Site. Nimbus does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

By using the Service, you are granted a limited, one-time, non-exclusive, non-transferable right to use the Content. You agree that you have no right to copy, reproduce, transmit, distribute, or create derivative works of such content or information in violation of the rules of these Terms.

By posting, storing or transmitting any content on the Nimbus website, you hereby grant Nimbus a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Nimbus. By way of example, and not as a limitation, you agree not to use the Services:

• To abuse, harass, threaten, impersonate or intimidate any person, alive or dead.

• To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.

• For any purpose that is not permitted under the laws of the jurisdiction where you use the Services.

• To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any person.

• To create or transmit unwanted ‘spam’ to any person or any URL.

• To post copyrighted Content which doesn’t belong to you, unless you have verifiable permission from the content owner to post, and shall provide proof of same to Nimbus upon demand.

• With any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

• With any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

• To artificially alter vote counts, ratings, comments, or for the purpose of giving or receiving money or other compensation in exchange for votes, ratings, or for participating in any other organized effort that in any way artificially alters the results of Services.

• To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

• To promote or sell Content of another person.

• To sell or otherwise transfer your profile.

• To disrupt the use and enjoyment of any other party using the Services.

User Accountability.

To report a suspected abuse of the Site or a breach of the Terms please send written notice to Nimbus at email: tos@Nimbusframe.net.

Nimbus has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Nimbus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Nimbus disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Copyright Infringement.

Nimbus respects the intellectual property rights of others. If you believe that material located on or linked to by Nimbus violates your copyright, you are encouraged to notify Nimbus immediately. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Nimbus will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Nimbus of possible Infringement you must submit your notice in writing to the attention of “Copyrights” care of service@Nimbusframe.net and include in your notice a detailed description of the alleged Infringement sufficient to enable Nimbus to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Intellectual Property.

This Agreement does not transfer from Nimbus to you any Nimbus or third party intellectual property rights, and all right, title, and interest in and to such property will remain (as between the parties) solely with Nimbus. Nimbus owns and controls all trademarks, service marks, trade secrets, graphics and logos used in connection with Nimbus or our Services, other than those controlled by parties granting license to Nimbus for the use of same. Other trademarks, service marks, graphics, logos or other intellectual property used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Nimbus or third-party intellectual property.

LINKS.

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. We have not reviewed, and cannot review, all of the material, made available through any links, or that link to any Nimbus Site or Service. Nimbus does not have any control over those non-Nimbus websites, and is not responsible for their contents or their use. By linking to a non-Nimbus website, Nimbus does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nimbus disclaims any responsibility for any harm resulting from your use of non-Nimbus websites and webpages.

DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SERVICES AND/OR PRODUCTS ARE AT YOUR OWN RISK. THE SERVICES AND PRODUCTS OFFERED ON AN “AS-IS” BASIS. NIMBUS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE SERVICES CONTENT OR PRODUCTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NIMBUS MAKES NO WARRANTY:

A. THAT THE INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR TIMELY.

B. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE OR TIMELY.

C. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTSOR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

RELEASE AND INDEMNITY.

You hereby expressly and irrevocably release and forever discharge Nimbus, its affiliated and associated companies, and their respective members, managers, directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You agree to indemnify and hold harmless Nimbus, its contractors, and its licensors, and their respective members, managers, directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

LIMITATION OF LIABILITY.

In no event will Nimbus, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nimbus under this agreement during the twelve (12) month period prior to the cause of action. Nimbus shall have no liability for any failure or delay due to matters beyond their reasonable control. To the extent any court assesses any liability for any cause of action against Nimbus, your sole and exclusive remedy shall be limited to the amount you paid Nimbus for the Service for the applicable period. The foregoing shall not apply to the extent prohibited by applicable law.

TERMINATION.

Nimbus may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Nimbus account, you should notify Nimbus through services@nimbus.net. All Content owned by you should be removed before termination. Any remaining Content owned by you at the time of termination will be deleted and/or removed from our Sites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

CHANGE.

Nimbus reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, Nimbus will notify Users by posting an announcement on the site. What constitutes a material change will be determined at Nimbus’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

GENERAL.

Nimbus may discontinue the Services at any time without notice.

This Agreement comprises the entire agreement between the parties with regard to the matters herein.

The Website originates from Conifer, Colorado and this Agreement shall be governed by the laws of the State of Colorado. Any legal proceeding relating to the matters between the parties shall be commenced in the courts in Jefferson County, Colorado. By using the Services, you hereby waive your right to a jury trial.