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Terms of Service Thank you for choosing the services provided by Nicmus. By using our services and sites you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service. Nicmus Inc. reserves the right to modify the Terms of Service without notice. 1. Use of Nicmus Services You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Canada or other jurisdictions. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify Nicmus of any unauthorized use of your account or any other breach of security. Nicmus will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure. 2. Acceptable Conduct You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) are the sole responsibility of the account from which such Content originated. Nicmus inc. reserves the right, but does not assume the responsibility, to monitor or review any Content on Nicmus services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Nicmus inc. services and for any consequences thereof. You agree to use Nicmus services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Nicmus inc services or servers or networks connected to Nicmus services. 3. Prohibited Usage You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation and the possibility that Nicmus will impose fees; and/or pursue civil remedies without providing advance notice. Unsolicited Communications: Sending unsolicited bulk messages utilizing our servers. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Sending out unsolicited email from any other network that points to a Nicmus server. Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures. Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Nicmus or the customer. 4. Account Cancellation or Suspension Nicmus may cancel or suspend your access to Nicmus services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. You may terminate the service at any time by following the instructions in the Account Settings Page. YOU MUST DELETE YOUR OWN DATA FOR SECURITY PURPOSES. As soon as you cancel the service, by deleting your Zones(s), your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service. 5. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT NICMUS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE NICMUS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO NICMUS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF NICMUS AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE NICMUS SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE ANNUAL SUBSCRIPTION FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM. 6. Exclusions and Limitations Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. 7. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service. 8. Warranty Disclaimer YOU AGREE THAT YOUR USE OF NICMUS SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY NICMUS ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED. 9. Indemnity You agree to defend, indemnify and hold harmless NICMUS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the NICMUS services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the NICMUS services. 10. NOTICE You agree that NICMUS may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on NICMUS services. 11. GENERAL INFORMATION Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Nicmus and govern your use of Nicmus services, superseding any prior agreements between you and Nicmus for the use of Nicmus services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Nicmus services, affiliate services, third-party content or third-party software. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Nicmus services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.