Nice car mate
Terms of Use
Last Updated: December 15, 2019
1. Introduction; Agreement To This Terms Of Use
Please read Nice car mate's (" Nice car mate ", " We
", " Our ") Terms of Use carefully, which include and
incorporate Nice car mate's Privacy
Policy and
the Virtual Goods and Currency Terms of Use (collectively, the " Terms "). Nice car mate
provides a service that allows Nice car mate Account holders (as defined below) to
register unique personal profiles and communicate with other members based on
location.These Terms govern and apply to your access and use of
Nice car mate's social networking services available via Nice car mate's mobile apps (Nice car mate)
(collectively, the "Apps") and Nice car mate's website (nicecarmate.com) (collectively, the "Sites"). To make these Terms
easier to read, the website, our services and the Apps are collectively called the "Services."
BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING
TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO
BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO
NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES.
2. Eligibility
The Services are only available for individuals eighteen
(18) years of age or older. By accessing or using the Services, you represent
and warrant that you are currently eighteen (18) years old or over and that you
are capable of lawfully entering into and performing all the obligations set
forth in these Terms. You also represent and warrant that you have never been
convicted of an indictable offense or any criminal offense involving sexual
misconduct or otherwise. You further confirm that you (i) have not previously
been suspended, removed, deactivated, terminated or blocked from the Services;
and (ii) are not a competitor of Nice car mate and are not using the Services for
reasons that are in competition with Nice car mate or other than for its intended
purpose.
3. Use Of The Services
You agree that you will only use the Services, including
the posting of any content through the Services, in a manner consistent with
these Terms and compliant with any and all applicable local, provincial,
federal and international laws and regulations.
a)
Registration. You will need to register and create only one (1) unique
account for your use of the Services. To register a Nice car mate Account, you may
register by using a valid email address and
password and provide certain information about yourself as prompted by
the registration form. You will not include any telephone numbers, street
addresses, URLs, multimedia, artworks downloaded from external sources, email
addresses or any other contact information in your profile or in any other
publicly viewable User Content (as defined in Section 4) or other
communications made in connection with your use of the Services. You understand
and agree that anyone may be able to view any information you choose to make
publicly available.
b)
Nice car mate Account Security . You understand that you are fully responsible for
maintaining the confidentiality of your Nice car mate Account and you are responsible
for all activities that occur under your Nice car mate Account. You are solely responsible
for selecting an appropriate username and for any and all disclosures you make
of your username to others, including any selection or disclosure that makes
you personally identifiable. You are responsible for maintaining the
confidentiality of your Nice car mate Account login username and password and are fully
responsible for all activities that occur under your Nice car mate Account. In the event
that you forgot your login information and wish to retrieve it, you will be
directed to a password recovery section where you will be asked for the email
address associated with your Nice car mate Account. You agree (a) to immediately notify
Nice car mate if you suspect any unauthorized use of your Nice car mate Account or any other
breach of security, and (b) to use particular caution when accessing your Nice car mate
Account from a public or shared computer and/or mobile device so that others
are not able to view or record your personal information. For instance, never
give out your password, and remember to lock your mobile device when it is not
in use. Please email us at support@nicecarmate.com with the subject
line: Nice car mate Account Security Breach if you believe your Nice car mate Account has
been accessed by an unauthorized person. You acknowledge that Nice car mate is not, and
will not, be liable or responsible for any losses or damages arising from the
theft or misappropriation of your Nice car mate Account. You further acknowledge and
agree that Nice car mate is not responsible for, and has no control over, any security
breaches experienced on any third party Social Networking Site (as defined
below).
c)
Exclusive Use. You will only use the Services for your sole, personal use
and not in connection with any commercial activities. You will not authorize others
to use the Services, gain access to your Nice car mate Account or otherwise attempt to
transfer your right to use the Services to any other person or entity. Nice car mate
reserves the right to (a) disable, block, suspend or deactivate any User's use
of or access to the Services, including the location information or profiles of
other Users, or (b) terminate any User's Nice car mate Account, for any reason
whatsoever and without notice.
d)
Data Usage Charges. The use of the Services on your mobile device may
require use of your data service. Depending on the plan that you have with your
cellular carrier, you could incur data charges. You should check with your
cellular carrier and determine how you will be charged for data usage. Nice car mate is
not responsible for your data usage and will not be responsible for data
charges that you may incur while using the Services. You are responsible for
any Internet connection, data or other fees assessed by your cellular carrier
to access the Services via your wireless device, including any data plan
charges, toll, out-of-area, roaming, or other wireless device connection
charges.
e)
Interactions with Other Users. You assume all risk when using the Services,
including but not limited to all risks associated with any online or offline
interactions with others, including dating. You acknowledge that Nice car mate does not
routinely screen its Users, inquire into the background of its Users, attempt
to verify information provided by its Users (except as provided above) or
conduct criminal screenings of its Users so please proceed with caution. Nice car mate
does not make any representations, warranties or guarantees as to the conduct
of its Users, information provided by Users, or their compatibility with you.
You alone are responsible for your involvement with other Users. You
agree that Nice car mate will not be responsible for any losses or damages incurred as
the result of any such interactions with other Users. Nice car mate reserves the right,
but has no obligation, to monitor disagreements between you and other Users.
Please take all necessary precautions when meeting other Users, especially if
you decide to meet in person. You agree to treat all other Users with dignity and respect and comply with
these Terms especially the User Conduct rules set forth in Section 3(G).
f)
No Commercial Solicitation or Advertising. You will not engage in any
advertising or solicitation to buy or sell any products or services through the
use of the Services and you will not transmit any chain letters, junk or spam
email or communications to other Users. Additionally, you will not use any
information obtained from the Services in order to contact, advertise to,
solicit or sell products or services to any User without their prior explicit
consent.
g)
User Conduct. Nice car mate is not responsible or liable in any manner for the
conduct of its Users, whether or not such conduct is in connection with the use
of the Services. You acknowledge that you use the Services entirely at your own
risk. In order to keep use of the Services fun and safe, you agree not to do
any of the following in connection with the Services or the Users thereof:
i)
use the Services in any unlawful manner or in a manner that is harmful to or
violates the rights of others;
ii)
engage in any unlawful, lewd, harassing, obscene, intimidating, threatening,
predatory or stalking behaviour;
iii)
use the Services in connection with hazardous environments requiring fail-safe
performance or any application in which the failure or inaccuracy of that
application or the Services could lead directly to death, personal injury, or
severe physical or property damage. i.e. driving while using the Services;
iv)
use the Services in any manner that could disrupt, damage, disable, overburden,
impair or affect the performance of the Services or Nice car mate's computer
systems/technology or interfere with or attempt to interfere with any other
User's use of the Services or User's computer systems/technology;
v)
impersonate any person or entity, or misrepresent your age, identity,
affiliation, connection or association with, any person or entity;
vi)
make any commercial use of the Services or promote or solicit involvement in or
support of a political platform, religion, cult, or sect;
vii)
defraud, swindle or deceive other Users;
viii)
disseminate another User's personal information without his or her permission,
or collect or solicit another User's personal information for commercial or
unlawful purposes;
ix)
solicit or engage in gambling or any similar activity or any illegal or
unlawful activity;
x)
use any scripts, bots or other automated technology to scrape or access the Services;
xi)
use the Services for any phishing, trolling or similar activities;
xii)
use the Services to redirect Users to other sites or encourage Users to visit
other sites;
xiii)
harvest or collect email addresses or other contact information of other Users from
the Services by electronic or other means or use the Services to send, either
directly or indirectly, any unsolicited bulk email or communications,
unsolicited commercial email or communications or other spamming or spamming
activities;
xiv)
distribute unsolicited commercial messages or spam, and or use any robot,
spider, site search/retrieval application, or other manual or automatic device
or process to retrieve, index, " data mine ", or in any way reproduce
or circumvent the navigational structure, security features or presentation of
the Services or its contents;
(xv)
attempt to access any Services that you are not authorized to access; or
(xvi)permit or allow other people or third parties to access and use the Services
via your Nice car mate Account.
h) Reporting
Violations. If you wish to report any violation of these Terms by others,
including Users, you may do so by using the report button (" Report
") located in the Services. You may click on the Report button located in
the drop down menu on a User's profile in order to flag Users that are in
violation. While we will make reasonable efforts to review Nice car mate Accounts that
are flagged in a timely manner, we are under no obligation to remove the
flagged Nice car mate Account and in no way represent that we will remove or otherwise
address flagged Nice car mate Accounts.
i)
Enforcement. You understand and agree that if Nice car mate believes in its sole
discretion that you have violated these Terms, misused the Services or behaved
in a way that could be regarded as inappropriate, unlawful, illegal or unsafe,
Nice car mate may, among other things, investigate, take legal action against you and/or
terminate your Nice car mate Account and cancel your subscription and/or membership
without notice to you.
4. User Content
a)
Definition; Responsibility for User Content. You are solely responsible
for the content and information that you provide, publish, transmit, display or
otherwise communicate to Nice car mate through the Services or to other Users
(collectively referred to as " post "), including without limitation,
messages, data, text, photos, video, music, graphics, links or other materials
posted through text, messages, photos and profile information (your submissions
and posts as well as those of other Users, collectively, are " User
Content "). Nice car mate does not control, take responsibility for or assume
liability for any User Content posted by you, other Users or any third party,
or for any loss or damage thereto, nor is Nice car mate liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity that you encounter.
b)
Accuracy of Information. You will not post any inaccurate, misleading,
incomplete or false information or User Content to the Services or to any other
User through the Services. You agree that all images posted to your Nice car mate
Account are of you. You may be required to supply certain information and post
a photo of yourself to use the Services.
c)
No Duty to Review User Content. Although you understand and acknowledge
that Nice car mate has no duty to prescreen, review, control, monitor or edit the User
Content posted by Users and is not liable for User Content that is provided by
others, you agree that Nice car mate may, at its sole discretion, review, edit, refuse
to accept or delete User Content at any time and for any reason or no reason
without notice. You are solely responsible for creating backup copies and
replacing any User Content that you post or store on the Services at your sole
cost and expense. This includes Nice car mate's right to modify or crop any photos you
post to comply with Nice car mate's policies, practices and procedures.
5. License of User Content to Nice car mate
Nice car mate claims no ownership or control over your User
Content, except as otherwise specifically provided herein, on the Services or
in a separate agreement. By submitting or posting User Content, you
automatically grant, and you represent and warrant that you have the right to
grant, to Nice car mate, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, fully paid, worldwide right and license to use, copy,
publicly perform, publicly display, reproduce, adapt, modify and distribute
such User Content furnished by you and to prepare derivative works of, or
incorporate into other works, such information and User Content, and to grant
and authorize sublicenses of the foregoing in any medium. You represent and
warrant that the User Content and the public posting and use of your User
Content by Nice car mate will not infringe or violate any third-party rights, including
without limitation, any intellectual property rights or rights of privacy or
publicity, or cause any harm to any third party or violate these Terms. You
further represent and warrant that you have the written consent of each and
every identifiable natural person in your User Content (including but not
limited to any content you submit to Nice car mate to feature) to use such person's name
or likeness in the manner contemplated by the Services and these Terms, and
each such person has released you from any liability that may arise in relation
to such use. By posting User Content, you hereby release Nice car mate, directors,
officers, shareholders, employees, contractors and agents from any claims that
such use, as authorized above, violates any of your rights and you understand
that you will not be entitled to any additional compensation for any use by
Nice car mate of your User Content. You also grant Nice car mate the right to choose Nice car mate
Accounts to feature on the Services for enhanced visibility at no extra cost,
in the sole discretion of Nice car mate.
6. Use of Proprietary Information of Others
You will not post, copy, transfer, create any derivative
works from, distribute, reproduce or show in any manner any copyrighted or
trade-marked or other proprietary information or materials, including any User
Content posted by other Users, without the prior consent of the owner of such
proprietary rights. You acknowledge that information or materials available
through the Services may have copyright protection whether or not it is
identified as being copyrighted.
7. Communications
We may provide notices to you in any of the following
ways. First, we may email you at the email address that you provided when you
created your Nice car mate Account. Second, we may present the notice on the Services.
When we post notices on the Services, we post them in the area of the Services
suitable to the notice. It is your responsibility to periodically review the Services
for notices.
Subject to the Privacy
Policy , if
you send to Nice car mate or post on the Services in any public area any information,
ideas, inventions, concepts, techniques or know-how (" User Submissions
"), for any purpose, including the developing, manufacturing and/or
marketing or products or Services incorporating such information, you
acknowledge that Nice car mate can use the User Submissions without acknowledgement or
compensation to you. You hereby grant to Nice car mate a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform,
copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge,
transfer, loan, rent, lease, assign, share, outsource, host, make available to
any person, display or otherwise use any User Submission communicated to Nice car mate
by you through the Services (including, without limitation, any ideas,
concepts, inventions, know-how, techniques or any intellectual property
contained therein) and to incorporate any User Submission in other works in any
form, media, or technology now known or later developed, including for
advertising and promotion purposes, for any purpose, whatsoever, without any
duty to account to you. In addition, you irrevocably waive all of your moral rights
as author in respect of such User Submission, however arising. Nice car mate will not be
required to treat any User Submission as confidential, and may use any User
Submission in its business (including without limitation, for products or
advertising) without incurring any liability for royalties or making any other
consideration available to you of any kind, and Nice car mate will not incur any
liability as a result of any similarities that may appear in future Nice car mate
operations. For greater clarity, Nice car mate also reserves the right, in its sole
discretion, to refuse to post any User Submission that it receives from you.
8. Objectionable or Prohibited Content
Nice car mate has no tolerance for objectionable or prohibited content. You are not allowed to post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable British or international law, rule or regulation or is prohibited under these Terms or any other Nice car mate policy governing your use of the Services ("Objectionable or Prohibited Content "). Objectionable or Prohibited Content includes without limitation User Content that:
i)
is obscene, pornographic, profane, defamatory, abusive, offensive, indecent,
sexually oriented, lewd, threatening, harassing, inflammatory, inaccurate,
misrepresentative, fraudulent or illegal;
ii)
promotes racism, sexism, homophobia, bigotry, hatred or physical harm of any
kind against any group or individual;
iii)
is intended to, or does, harass, or intimidate any other User or third party;
iv)
may infringe or violate any patent, trade-mark, trade secret, copyright or
other intellectual or proprietary right of any party, including User Content
that contains others' copyrighted content (e.g., photos, images, music, movies,
videos, etc.) without obtaining proper permission first;
v)
contains video, audio, photographs, or images of another person without his or
her express written consent (or in the case of a minor, the minor's legal
guardian) or otherwise violates anyone's right of privacy or publicity;
vi)
promotes or enables illegal or unlawful activities, such as instructions on how
to make or buy illegal weapons or drugs;
vii)
violates someone's data privacy or data protection rights;
viii)
contains viruses, time bombs, malware, trojan horses, cancelbots, worms or
other harmful, or disruptive codes, components or devices;
ix)
contains any advertising, fundraising or promotional content; or
x)
is, in the sole judgment of Nice car mate, objectionable or restricts or inhibits any
person from using or enjoying the Services or exposes Nice car mate or its Users to harm
or liability of any type.
9. Social Networking Sites
When you have enabled the use of our Services
through a third-party social networking or similar site or mobile or other
application (a " Social Networking Site "), such as Facebook
as described earlier, Google+ or Twitter, you permit Nice car mate to access information
about you that is made available to the Services through or from that Social
Networking Site. The information obtained by Nice car mate varies by Social Networking
Site and may be affected by the privacy settings you establish at that Social
Networking Site, but can include information such as your name, profile
picture, network, gender, username, user ID, age or birthday, language,
location, country, interests, contacts list, friends lists or followers and
other information.
By accessing or using the Services through a
Social Networking Site, you are authorizing Nice car mate to collect, store, retain and
use, in accordance with our Privacy Policy , any
and all of your information that Nice car mate has obtained from the Social Networking
Site, including any personal information that you provided to create a Nice car mate
profile and Nice car mate Account for you. Depending on the Social Networking Site and
your privacy settings, Nice car mate may also post information to your Social Networking
Site. Your agreement to the foregoing takes place when you " accept "
or " allow
" or " go to " (or other similar
terms) the Services on a Social Networking Site or otherwise authorize the
transfer of information to the Services from such Social Networking Site.
If there is information about your " friends
" or other persons you are associated
with in your Social Networking Site account, the information that we obtain
about those persons may also depend on the privacy settings such persons have
activated with the applicable Social Networking Site. You acknowledge and agree
that Nice car mate is not responsible for, and has no control over, any applicable
privacy settings on any Social Networking Sites (including any settings related
to any messages or advertisements about Nice car mate that the Social Networking Site
may send to you or your friends). You may also unlink your Social Networking
Site account from the Services by adjusting your settings on the Social
Networking Site.
10. Privacy
Nice car mate takes the protection of your personal information seriously. Please refer to our Privacy Policy for information about how Nice car mate collects, uses, stores and discloses personal information from its Users. You understand and agree that if you post any User Content, information or material of a personal or private nature in your profile or in any private or public areas of the Services or post or provide to Nice car mate any information or content which is intended to be shared with other Users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy .
11. Intellectual Property Rights And Limited License
Other than your User Content, the Services and all
materials therein, including, without limitation, software, images, text,
graphics, designs, illustrations, Nice car mate logos, patents, trade-marks, service
marks, copyrights, photographs, audio, videos, music, information, data, other
files and the arrangement thereof and User Content belonging to other Users
(the " Proprietary Materials "), and all intellectual property rights
related thereto, are the exclusive property of Nice car mate and its licensors
(including other Users who post User Content to the Services). Except as
explicitly provided herein, nothing in these Terms shall be deemed to create a
license in or under any such intellectual property rights of Nice car mate.
You are granted a limited, non-sublicensable license to access and use the Services
and Proprietary Materials, subject to these Terms. You agree that you will not:
i)
copy, modify, publish, adapt, sublicense, translate, sell, distribute,
transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble
any portion of the Proprietary Materials or the Services or cause others to do
so;
ii)
" frame " or " mirror " any part of the Services or the
Proprietary Materials, without our prior written authorization;
iii)
use meta tags or code or other devices containing any reference to Nice car mate or the Services
in order to direct any person to any other site for any purpose;
iv)
resell or make any commercial use of the Services or Proprietary Materials;
v)
use any data mining, robots, spiders or similar data gathering or extraction
methods or otherwise collect any pictures, descriptions, data or other content
from the Services or Proprietary Materials;
vi)
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted through the Services;
vii)
use any automated methods or processes to create Nice car mate Accounts or access the Services
or Proprietary Materials; or
viii)
use the Proprietary Materials or the Services other than for their intended
purpose. Any use of the Services or Proprietary Materials other than as
expressly authorized herein, without the prior written consent of Nice car mate, is
strictly prohibited and will violate and terminate the license granted herein.
Such unauthorized use may also violate applicable Canadian or international
laws, including without limitation copyright and trade-mark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Terms shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise.
Nice car mate reserves all rights not expressly granted herein in the Services and the
Proprietary Materials. This license is revocable at any time.
12. Trade-marks
" Nice car mate ", Nice car mate's logos and any other trade names or slogans contained in the Services are trade-marks or service marks of Nice car mate, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nice car mate or the applicable trade mark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trade mark and/or trade dress of Nice car mate and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade-marks, registered trade-marks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
13. Third Party Content
Nice car mate may provide third party content on the Services and
may provide links to web pages, applications, mobile apps, sites and content of
third parties (collectively the " Third Party Content ") as a service
to those interested in this information. Nice car mate does not control, endorse or
adopt any Third Party Content and expressly disclaims any and all
representations, warranties or conditions of any kind regarding the Third Party
Content, including without limitation regarding its accuracy or completeness.
You acknowledge and agree that Nice car mate is not responsible or liable in any manner
for any Third Party Content and Nice car mate undertakes no responsibility to update or
review any Third Party Content. Users use such Third Party Content contained
therein at their own risk.
14. Links to Third Party Sites or Resources
The Services may include links to other apps or sites
that are not operated by us, including through advertisements. We are providing
these links to you only as a convenience and are not responsible for the
content or links displayed on such apps or sites. If you decide to download a
third-party app or access a third-party site, even if you do so to earn free
Nice car mate Coins (as defined in Section 16), you assume all risk related to such
access and use. Additionally, you acknowledge and agree that any personal
information collected, used, processed and disclosed through your use of such
apps or sites shall be governed by the privacy policy and practices of such
app/site owners, not by Nice car mate under its Privacy
Policy or
otherwise.
15. Advertising
Nice car mate and its licensees may publicly display
advertisements and other information adjacent to your User Content. You are not
entitled to any compensation for such advertisements. The manner, mode and
extent of such advertising are subject to change without specific notice to
you.
16. End User Licenses
a)
License Grant. Subject to these Terms, Nice car mate hereby grants you a
non-exclusive, non-transferable, revocable license to use a compiled code copy
of the Services for one (1) Nice car mate Account for your personal, noncommercial use.
Nice car mate does not represent or warrant that the Services will be compatible with
your web browser and/or mobile device at any time.
b)
Restrictions. You may not: (i) modify, disassemble, decompile or reverse
engineer the Services, except to the extent that such restriction is expressly
prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or
otherwise transfer the Services to any third party or use the Services to
provide time sharing or similar services to any third party; (iii) make any
copies of the Services; (iv) remove, circumvent, disable, damage or otherwise
interfere with security-related features of the Services, features that prevent
or restrict use or copying of any content accessible through the Services, or
features that enforce limitations on use of the Services; or (v) delete the
copyright and any other proprietary rights notices on the Services.
c)
Software Updates. You acknowledge that Nice car mate may from time to time issue
upgraded versions of the Services, and may automatically electronically upgrade
the version of the Services that you are using. You consent to such automatic
upgrading, and agree that these Terms will apply to all such upgrades. You
agree that Nice car mate will not be liable to you for any such modifications.
d)
Rights Reserved. The foregoing license granted under these Terms is not a
sale of the Services or any copy thereof and Nice car mate or its third party partners
or suppliers retain all rights, title, and interest in the Services (and any
copy thereof). Any attempt by you to transfer any of the rights, duties or
obligations hereunder, except as expressly provided for in these Terms, is
void. Nice car mate reserves all rights not expressly granted under these Terms.
e)
App Stores. You acknowledge and agree that the availability of the Services
is dependent on the third parties from which you received the Services, e.g.,
Google Play or the Apple app store (collectively " App Stores "). You
acknowledge that these Terms are between you and Nice car mate and not with the App
Stores and that each App Store may have its own terms and conditions to which
you must agree before downloading the Services from it. You agree to comply
with, and your license to use the Services is conditioned upon your compliance
with, all applicable terms and conditions of the particular App Store.
17. Modification Of These Terms
We reserve the right, in our sole discretion, to change,
modify, add, or remove portions of any of the terms and conditions contained in
these Terms including any policy or guideline applicable to the Services at any
time. Unless otherwise specified, any changes or modifications will be
effective immediately upon posting of the revisions on the Services, and your
continued use of the Services after such posting will constitute your
acceptance of such changes or modifications. You should from time to time
review the Terms and any policies and documents incorporated in them to
understand the terms and conditions that apply to your use of the Services. The
Terms will always show the " last updated " date at the top. If you
do not agree to any amended Terms, you must stop using the Services. If you
have any questions about these Terms, please email us at the contact address
below. These changes will be effective immediately for new and current Users of
the Services.
18. DISCLAIMERS
NICE CAR MATE PROVIDES THE SERVICES AND THE
PROPRIETARY MATERIALS AND THE SERVICES ON AN " AS IS " AND " AS
AVAILABLE " BASIS. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, NICE CAR MATE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH
RESPECT TO THE SERVICES AND THE PROPRIETARY MATERIALS, INCLUDING ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, TITLE,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NICE CAR MATE DOES NOT REPRESENT AND WARRANT THAT
(A) YOUR USE OF THE SERVICES OR PROPRIETARY MATERIALS WILL BE SECURE,
UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR
REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES OR PROPRIETARY MATERIALS WILL BE
CORRECTED OR (C) THE SERVICES AND PROPRIETARY MATERIALS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NICE CAR MATE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE
WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE
DELIVERY OF ANY COMMUNICATIONS.
NICE CAR MATE HAS NO ANY OBLIGATION TO VERIFY THE
IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR
DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS
OF THE COMMUNITY. THEREFORE, Nice car mate DISCLAIMS ANY AND ALL LIABILITY FOR YOUR
INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY
OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
NICE CAR MATE DOES NOT: (i) GUARANTEE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ANY RESULTS
FROM YOUR USE OF THE SERVICES; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY
OR LIABILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Nice car mate. UNDER NO
CIRCUMSTANCES WILL NICE CAR MATE BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR HARM OF ANY
KIND RESULTING FROM ANY USER'S CONDUCT OR YOUR USE OF THE SERVICES OR FROM
ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR
TRANSMITTED TO OR BY ANY USERS.
19. LIMITATION OF LIABILITY; INDEMNITY
You hereby waive and agree not to assert
any claims or allegations of any nature whatsoever against Nice car mate, its affiliates
or subsidiaries, their sponsors, contractors, advertisers, vendors or other
partners, any of their successors or assigns, or any of their respective
officers, directors, agents or employees (collectively, the " Released Parties ") arising out of or in any way
relating to your use of the Services or Proprietary Materials, including,
without limitation, any claims or allegations relating to the alleged
infringement of proprietary rights, alleged inaccuracy of User Content, or
allegations that any Released Party has or should indemnify, defend or hold
harmless you or any third party from any claim or allegation arising from your
use of the Services. Your use of the Services and Proprietary Materials is
entirely at your own risk.
Without limiting any of the foregoing, neither
Nice car mate nor any other Released Party shall be liable to you for any direct,
special, indirect, exemplary, consequential, punitive damages, or any other
damages of any kind, including but not limited to loss of use, loss of profits,
loss of data, loss of good will, data, or other intangible losses or other
economic loss, whether in an action in contract, tort (including but not
limited to negligence) or otherwise, arising out of or in any way connected
with your use of the Services or any Proprietary Materials, including without
limitation any damages caused by or resulting from: (i) your use or inability
to use the Services or any Proprietary Materials; (ii) any third party claims
that the use by you of any of the Services or Proprietary Materials violates
any third party intellectual property right or privacy right; (iii) any failure
of performance of the Services or any Proprietary Materials, whether related to
mistakes, errors, omissions, interruptions, defects, delays in operation or
transmission, deletion of files or email, computer viruses or any failure of
performance (whether or not resulting from acts of god, communications failure,
theft, destruction or unauthorized access to Nice car mate or any other Released Party's
records, programs or services); (iv) any damages arising from communications or
transactions with other Users of the Services, whether through blogs, or otherwise,
or persons that you meet through the Services; or (v) any other matters
relating to the Services, Proprietary Materials, any User Submissions (as
defined above), based in contract, tort, negligence, strict liability,
fundamental breach, failure of essential purpose or otherwise, whether or not
Nice car mate had any knowledge, actual or constructive, that you might incur such
damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF NICE CAR MATE OR
THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM
THE USE OF OR INABILITY TO USE THE SERVICES OR PROPRIETARY MATERIALS EXCEED THE
GREATER OF THE AMOUNT YOU HAVE PAID TO NICE CAR MATE FOR USE OF THE SERVICES AND
PROPRIETARY MATERIALS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Nice car mate AND YOU.
You shall fully defend, indemnify and hold
harmless Nice car mate and the other Released Parties from any losses, damages,
liabilities, costs, expenses (including legal fees), claims and proceedings
arising out of your use (or the use by any person to whom you have given access
to your Nice car mate Account) of the Services, provision of User Content and the
Proprietary Materials, including any claims made by any person that any of your
User Content infringes the rights, including the intellectual property rights
of any third party.
20. Governing Law
The Services are controlled by Nice car mate and operated by it from its office in London, United Kingdom. All disputes, claims or other matters arising from or relating to your use of the Services, the Proprietary Materials and these Terms will be governed by the laws of United Kingdom.
21. Dispute Resolution
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Terms, the Services, User Content or posts, oral or written statements, advertisements or Promotions relating to these Terms or to the Services, or the relationships that result from these Terms, the Nice car mate Software, the Nice car mate Site, the Services, User Content or posts (collectively, a " Claim ") will be referred to and determined by a sole arbitrator (to the exclusion of the courts) pursuant to the United Kingdom arbitration law.
You agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the United Kingdom. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services and/or the Nice car mate Software and/or the Nice car mate Site from locations other than the United Kingdom, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Nice car mate and the other Released Parties for your failure to comply with any such laws.
Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Nice car mate, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney?s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
22. Termination
Unless otherwise provided, these Terms take effect upon your initial use of the Services and shall remain in effect until terminated as described below.
a) Termination by Nice car mate. Notwithstanding anything to the contrary in these Terms, Nice car mate may suspend, remove, deactivate, terminate or block your Nice car mate Account and your right to use the Services and may block or prevent your access to and use of the Services at any time in our sole discretion, for any reason, without explanation and without notice to you (including without limitation blocking Users from certain IP addresses). We also reserve the right to remove or block access to your Nice car mate Account information, User Content or data from the Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated, blocked, deactivated, removed or suspended at any time in our sole discretion, for any reason, without explanation and without notice or for cause, such as due to any breach or violation of these Terms, flagged conduct or content, third party complaints, infringement of the intellectual property rights of others, you agree that all fees then paid to Nice car mate by you will be nonrefundable.
b) Termination by You. In addition to any right to cancel your subscription pursuant to Section 17, you may deactivate or delete your Nice car mate Account at any time by accessing "My Profile>Settings" and selecting Deactivate Account or Delete Account, or by emailing our customer support team at support@justbeNice car mate.com.
Regarding deleting your account:
- If you want to delete your account, you?ll need to do it directly on our app. Please note that you'll permanently lose your all information associated with your account.
Log in our app (If you deleted the app, download the app again)
Tap the profile icon at the bottom of the main screen
Go to "Settings"
Scroll down and choose "Delete Account"
- Deleting the Nice car mate app does not delete your account.
- If you want to use our app again, you will need to create a new account. If you log in to Nice car mate again after deleting your account, a new account will be created.
c) Survival. Upon any termination, discontinuation or cancellation of the Services or your Nice car mate Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. If these Terms expire or terminate for any reason, Sections 1, 5, 10-13 , 16, 20-26, and any representation or warranty you make in these Terms, shall also survive indefinitely.
23. Miscellaneous
These Terms, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by
Nice car mate without restriction. Any attempted transfer or assignment in violation
hereof shall be null and void. If any provision, or any portion thereof, of
these Terms is held illegal, void, invalid or unenforceable, such provision
will be changed and interpreted to accomplish the objectives of the provision
to the greatest extent possible under any applicable law and the remaining provisions
will continue in full force and effect. The failure of Nice car mate to exercise or
enforce any right or provision in these Terms shall not operate as a waiver of
such right or provision.
24. Language Of These Terms
The language of these Terms is English. The English language version of these Terms will govern your relationship with Nice car mate.
25. Questions and Comments
If you have any questions regarding these Terms or your
use of the Services, please contact us at: support@nicecarmate.com