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Burlingame, CA 94010
Tel: +1 (650) 762-9890
© Nexgate 2013. All Rights Reserved.
Acceptable Content Use Policy for Nexgate Social Pages and Accounts, Including Facebook, YouTube, Google+, and more (“Social Network Sites”):
Thanks for interacting on Nexgate Social Network Site Pages and Accounts. We welcome your comments, videos, images, photos and other submissions (“User Content”) on our Social Networks Sites. User Content will be reviewed by us and is subject to our usage guidelines. We reserve the right to change these usage guidelines at any time.
2. Non-Confidential Submissions: We welcome submission of your User Content. All User Content will be considered submitted on a NON-CONFIDENTIAL and NON-PROPRIETARY basis.
3. Warranties and Representations on User Content: By submitting User Content, you warrant and represent that you own or otherwise have the right to use the content of your User Content, including any and all intellectual property interests. We follow all laws governing copyrights, trademarks, trade secrets, and other applicable laws.
4. Moderation: Nexgate reserves the right to refuse to post, moderate, or remove all User Content. Nexgate further reserves the right to refuse or delete Objectionable Content (as defined below) and/or any other User Content that in its sole discretion Nexgate deems infringing or inappropriate. Nexgate, in its sole and absolute discretion, may preserve User Content and may also disclose User Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Nexgate to protect the rights, property, or personal safety of users and the public. Nexgate does not guarantee the accuracy, integrity or quality of User Content. Under no circumstances will Nexgate be liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise transmitted. You should exercise discretion before relying on information in User Content as such User Content may contain false or otherwise misleading information, and you do so at your own risk.
5. USER CONTENT IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION.
6. DISCLAIMER OF LIABILITY: NEXGATE SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Nexgate WILL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING USER CONTENT.
7. Nexgate follows the “Good Samaritan” protection of US Code 230: Protection for private blocking and screening of offensive material whereby “No provider or user of an interactive computer service shall be held liable on account of— any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.” Nexgate further asserts Objectionable Content Prohibitions whereby you agree that you will not submit Objectionable Content or engage in Objectionable Activities, which includes the following:
i. transmitting any content or otherwise participating in any activity that is prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, data privacy or protection, the export of technology, the transmission of obscenity, copyright law, or the permissible uses of intellectual property;
ii. uploading, or otherwise making available, files that contain video, images, software, or other material protected by intellectual property or right of privacy / publicity laws, including, by way of example, copyright or trademark laws, unless you own or control the rights thereto or have received all necessary consents to submit such materials to the Page;
iii. using any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
iv. uploading, posting, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, denigrating, vulgar, obscene, libelous, invasive of another’s privacy, inflammatory, discriminatory or otherwise objectionable;
v. “stalking” or otherwise harassing or harming another;
vi. promoting yourself or your business; your User Content must not be self-serving and absolutely no type of advertising or solicitation efforts will be allowed;
vii. impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity or collecting or storing personal data about other users in connection with the prohibited conduct and activities;
viii. uploading, posting, transmitting or otherwise making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
ix. uploading, posting, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
x. uploading, posting, transmitting or otherwise making available any material that contains software viruses, Trojan horses, worms, time bombs, corrupted files, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that may damage or interfere with the operation of another’s computer or property of another;
xi. attempting to gain unauthorized access to any accounts, computer systems or networks, through hacking, password mining or any other means or obtaining or attempting to obtain any materials or information through any means;
xii. violating, intentionally or unintentionally, any applicable local, state, national or international law, these Guidelines, or the social network site’s policies and procedures;
xiii. providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
xiv. forging headers or otherwise manipulating identifiers (including URLs) in order to disguise the origin of any materials, or deleting or altering any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material; and/or
xv. collecting information about others, including e-mail addresses or other personal information.