Introduction
Welcome to Neon Channel Product Customizer (“the Product”), provided by Vertim Coders,LLC (“the Company”). These terms and conditions (“Terms”) govern your use of the Product. By accessing or using the Product, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Product.
License
Subject to these Terms and any other applicable agreements or policies, the Company grants you a limited, non-exclusive, non-transferable license to use the Product for your personal or internal business purposes. This license is granted solely for the purpose of enabling you to access and use the Product in accordance with these Terms and does not transfer any ownership rights to you.
User Accounts
To access certain features or areas of the Product, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. The Company reserves the right to suspend or terminate your account if you violate these Terms or engage in any unauthorized use of the Product.
Intellectual Property
The Product and all associated intellectual property rights, including without limitation copyrights, trademarks, and patents, are owned by the Company or its licensors. You acknowledge that you have no ownership or proprietary rights in the Product, except for the limited license granted to you under these Terms. You agree not to reproduce, modify, distribute, or create derivative works based on the Product, unless expressly authorized by the Company.
User Content
The Product may allow you to submit or upload content, such as text, images, or other materials (“User Content”). By submitting User Content, you grant the Company a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display the User Content for any purpose related to the provision of the Product. You further represent and warrant that you have all necessary rights to grant the foregoing rights to the Company and that the User Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
The Company does not claim ownership of the User Content, and you retain all ownership rights in your User Content. However, by submitting User Content, you acknowledge and agree that the Company may store and back up your User Content and that the Company has no obligation to return or provide access to any User Content.
The Company reserves the right to remove or refuse to display any User Content that it deems inappropriate or in violation of these Terms. The Company also reserves the right to terminate or suspend your access to the Product if you repeatedly infringe upon the intellectual property rights of others.
Prohibited Conduct
When using the Product, you agree not to:
Violate any applicable laws, regulations, or third-party rights. Engage in unauthorized access or use of the Product, including attempting to probe, scan, or test the vulnerability of the Product or any associated system or network. Interfere with or disrupt the Product or its servers, networks, or infrastructure. Use the Product for any illegal, harmful, or fraudulent purposes, including without limitation, transmitting or distributing malware, viruses, or any other harmful code. Engage in any activity that could damage the reputation or functioning of the Company or the Product, including engaging in any form of deceptive, misleading, or unethical practices.
Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose your personal information in connection with the Product. By using the Product, you consent to our collection and use of your personal information as described in the Privacy Policy.
Disclaimer of Warranties
THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE PRODUCT OR ANY CONTENT OR MATERIALS ACCESSEDTHROUGH THE PRODUCT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold the Company and its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Product, your violation of these Terms, or your violation of any rights of any other person or entity.
Modifications
The Company reserves the right to modify or update these Terms at any time, without prior notice. Any changes to the Terms will be effective immediately upon posting. It is your responsibility to review the Terms periodically for any updates or changes. Your continued use of the Product after the posting of revised Terms constitutes your acceptance of the changes.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles.
Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding your use of the Product and supersede all prior or contemporaneous agreements, understandings, and representations, whether oral or written, regarding such subject matter.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to be valid, legal, and enforceable while preserving the intent of the parties.
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This is a staging environment