The term “Nextopia”, “we”, or “our” refers to Nextopia Software Corporation and any of its affiliates that are authorized to use Nextopia’s name or trade-marks. The term “you” refers to the users of our services or viewers of our website. “API” refers to application programming interface. The term “services” includes, without limitation, use of the Evocative API platform.Description of Services
We do not claim any ownership of any UGC. You are responsible for obtaining the necessary rights for the use of any UGC directly from the owner of those rights. You are solely responsible for any UGC used, submitted, distributed or transmitted by you. You represent and warrant that you have obtained full legal right, power and authority to use any UGC used by you from the owner of the rights in and to the UGC. You further represent and warrant that no UGC used, submitted, distributed or transmitted by you infringes, violates or otherwise interferes with any right, including privacy and intellectual property rights, of any third party.
You are entirely responsible for maintaining the confidentiality of your login ID and password used for any activity on this website or associated with our services, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security about which you become aware. You may be held liable for losses incurred by us or any other use of our website or services due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without our express permission and consent. We shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Use of our website, software or services for the purpose of external market research or otherwise in an attempt to have users disclose any information, including by organizations conducted mystery shopping, pretexting and social engineering, is strictly prohibited.
Competitors of Nextopia and anyone who has any intention of, or is currently, developing, either alone or in conjunction with other parties, or offering for purchase or sale, or who has previously developed or offered for purchase or sale, any product, platform or service similar to the Evocative API platform is strictly prohibited from accessing or using the Evocative API platform for any purpose whatsoever, including, without limitation, copying the Evocative API platform software or interface, or any portion thereof, including the Evocative digital dashboard viewable through the use of the Evocative API platform.Privacy
You are responsible for obtaining permission to collect, use, disclose and store any personal information associated with any UGC directly from the owner of the rights in and to the UGC.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of our website, including other user of our website. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.Fees
Fees and other charges for the use of our services are set out on our website. The fee structure may change from time to time. If the fees applicable to your use of our services changes, we will provide you with 30 days’ notice by e-mail or by notice when you log into our website or software platform, after which your continued use of our services will constitute your agreement to the new fees. Failure to dispute any fees or charges within 30 days of the date the fees or charges are invoiced or otherwise charged to your account constitutes your acceptance of the fees and charges.
You are responsible for all applicable taxes associated with your use of our services, including any applicable taxes associated with our fees or other charges you may incur though the use of our services.Third Party Content
Third party content may appear on our website or may be accessible via links from our website or through the use of our services. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief. Please review carefully the third party’s policies and practices to make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the applicable third party.Disclaimer
UNDER NO CIRCUMSTANCES SHALL NEXTOPIA OR ANY OF ITS SUPPLIERS, AFFILIATES, PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: THE USE OF THE WEBSITE, SERVICES OR ANY CONTENT; THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY CONTENT; THE INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, SERVICES, OR ANY PART THEREOF, OR TO ANY CONTENT; OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.Indemnification
Our website and services are not intended for children under the age of 13. You represent and warrant that you are at least 13 years old or visiting our website under the supervision of a parent or guardian.Termination
Upon termination of your use of our website or services, for any reason, you remain liable for any fees or charges incurred prior to termination.Force Majeure
This agreement is not transferable by you in any way and may not be assigned to any third party without the prior written consent of Nextopia.No Third Party Rights