Last updated May 31, 2013
Our Commitment to Your Privacy
Maintaining the privacy of minors is critical to Nexopia.com. We will refuse to open an account for a person under the age of 13. If you are under 13, please do not attempt to register for Nexopia.com or send any information to us. If we learn that information from a child under the age of 13 has been submitted to us, we will delete the account and information as soon as possible.
For persons between the ages of 13 and 18, we require parental or guardian consent prior to opening an account and we reserve the right to verify the existence of that consent.
When choosing the privacy settings for your account, you have four options: 1) Visible to all; 2) Visible to logged in users; 3) Visible to friends; and 4) Not visible. You also have the option to hide your accounts from ignored users.
Visible to All: Your information is viewable by Nexopia members as well as outside visitors to the site who are not logged in. With the exception of forum posts and blog posts, to the best of our ability your information will not be visible to external search engines (ie. Google, Bing, Yahoo) as long as they comply with the Robot Exclusion Standard. However, it will be searchable by the search engine on Nexopia’s site.
Visible to Logged In Users: Your information is viewable only by Nexopia members who are currently logged into the website, regardless of whether or not they are your friend. Your information is not visible to outside visitors or external search engines. Nexopia’s internal search engine will only display your information if the person using the search engine is logged into the site at the time of use.
Visible to Friends: Your information is viewable only to Nexopia members who you have indicated are your friends. Your information is not visible to Nexopia members unknown to you, outside visitors or external search engines. Nexopia’s internal search engine will only display your information if the person using the search engine is logged in and is your friend.
Not Visible: Your information is not viewable by anyone other than yourself. However, when you set your User Profile and Summary Profile settings to “Not Visible” your Summary Profile will still appear in the Friends List of users you have already be-friended. If you would like to be removed from their Friends List, please delete the friend (either through your own Friends List or on your friend’s profile page).
Hidden from Ignored Users: Your information will be hidden from users you have indicated as ignored.
Note: Your User Profile represents your Nexopia profile as a whole. Your Summary Profile is a small extract of your larger User Profile. Please alter your privacy settings accordingly. For example, setting your Summary Profile to “not visible” will have no effect unless your User Profile has the same setting. However, you may wish to have your Summary Profile more visible while only sharing more private details found within your User Profile with friends. In this case, you may set your User Profile to “visible to friends” while your Summary Profile is set to “visible to all”. For more information, please visit the Privacy Settings category of the Help section or contact firstname.lastname@example.org.
Information You Provide to Nexopia.com
Profile Information: When opening an account, Nexopia.com collects identifiable information submitted by you, including but not limited to: username, location, age, gender, profile picture and tagline (“Summary Profile Information”). In addition, to help members find and communicate with each other, you may voluntarily submit and post additional profile data, including but not limited to the following: weight, height, sexuality (i.e. sexual orientation), dating and living situation and information regarding your interests through the “Profile” tab (“User Profile Information”). In addition, you have the ability to post photo galleries.
The default privacy settings for both your Summary Profile and User Profile is “Visible to Friends”. The default privacy setting for all user activities (ie. blog posts) is “Visible to Friends”. When you upload new photo galleries you have the option to choose the privacy setting for that gallery before you click save. You can make your personal information more or less visible to others by adjusting your privacy settings in your Preferences. Details on how to control your privacy settings can be found in the Help section.
Profile Pictures and Photo Galleries: Nexopia users have the option to upload profile pictures as well as create photo galleries. Profile pictures fall under the user’s Summary Profile Information. Visibility of these photos are controlled by the privacy settings chosen for the user’s Summary Profile. When a user creates a new photo gallery, they are given the opportunity to choose the privacy setting for that individual gallery. A user may choose different settings for various galleries. A photo gallery’s privacy settings can be changed at any time by editing the gallery.
Postings and Blogs: Nexopia members can post personal information on blogs, forums and classifieds on Nexopia.com. Any information posted to other users’ blogs, forums and classifieds may be accessible to the general public and not just registered Nexopia.com members. All posting and sharing is done at your own risk.
If you submit details in your Profile for MSN Messenger, AOL Instant Messenger (AIM) or ICQ, these are accessible by registered members on your friends list.
To facilitate searching for and finding friends on the service, Nexopia.com allows registered members and non-logged in users to search by name, age, gender, location, school, interests and sexuality and to limit searches only to members with pictures.
In addition, Nexopia.com allows searches by real names, usernames, and email addresses of members. The default will be that your username and email address are searchable; however, you may disable this option through your Preferences. If you do not want to appear in search results of users who are not your friends, you may alter the privacy settings through your Preferences.
Controlling Access to Your Personal Information
You can make your personal information more or less visible to others by adjusting the privacy settings in your Preferences. If you are not comfortable with the way that Nexopia.com shares your personal information, you may change your Preferences or delete your account.
Details on how to control your privacy settings can be found in the Help section. You may change or remove any of your profile data at any time by logging into your account and clicking on the “My Page” and “Edit Profile” tabs in the top menu. You may restrict your profile from being viewed by visitors (non-members) or those users placed or your “ignore list”. In addition, you may choose to hide your birth date. However, this information is still used to calculate your age.
We encourage you to view your Profile as others would view it by clicking on the “My Page” link in the top menu.
Nexopia Use of Personal Information
Nexopia.com uses the following items of Profile Information for the following purposes:
To inform other users of your name
To send you personalized messages
To fill in forms, blog posts, forums and classifieds
To respond to your inquiries or send updates or other news regarding the Nexopia service
To send you information about goods or services that we think you may be interested in
To administer promotions, sweepstakes or contests
To invite members who have asked that their profiles be suspended or deleted to reconsider their request
Username (created by you)
To identify you
To inform other users of your username
To inform other users of your sex (gender)
To identify advertisements, goods and services that may be of interest to you
To inform other users of your location
Age (date of birth)
To inform other users of your age
To verify that you are old enough to be a member of Nexopia.com
To monitor content, messages and other exchanges if we suspect members of being under the age of 13
Weight and height
To inform other users of your weight and height
Sexuality (i.e. sexual orientation)
To inform other users of your sexual orientation
From time to time, Nexopia may hold a promotion, sweepstake or contest on Nexopia.com. Members may be asked to provide personal information such as name, email address or home address or to answer questions in order to participate. The personal information collected is only used to contact a winner. Additionally, users may have the option to opt-in to receiving Nexopia’s newsletter or offers from third parties. If a user opts into a third-party offer, only a user’s name and email address will be shared. For all promotions, sweepstakes and contests, a specific Rules and Regulations document will be provided to the user at the time of entry.
Nexopia.com also logs IP addresses and non-personally-identifiable information of members and visitors to the site, including aggregate user data and browser type. This information helps us manage the website, track usage and improve the website services. Nexopia.com also records user IP addresses for the purposes of security and monitoring.
Virtually all websites place cookies in your browser when you visit them. These cookies are used for two purposes: tracking website activity and serving online advertising. If you’ve ever returned to a website and it “remembered” you, it’s because there was a cookie in your browser telling the site that you’d returned. Cookies can be either “session” cookies, which expire when you leave a site, or “persistent” cookies, which last after you leave a site, typically for about 30 days. For analytics and advertising purposes, most cookies are persistent. Nexopia.com uses analytics cookies from programs such as Google Analytics to record aggregate statistics about visits to Nexopia.com. As a rule, cookies are pseudonymous, which means the information stored is not connected to any identifier that personally identifies a given user. They only identify browsers uniquely, not the people using the browser.
Refusing or Removing Cookies
All cookies can be refused by adjusting the appropriate settings in your browser; however, not accepting any cookies at all can make web browsing a frustrating experience. You can also delete cookies periodically or at the end of each browsing session by adjusting the appropriate settings in your browser, however some sites may not “recognize” you when you return.
Users can learn more about Google and cookies, as well as opting out of Google’s behavioural program by clicking here and here.
Advertising and Targeted Advertising
Nexopia.com sells advertising space to companies in order to provide the Nexopia.com service free to most users. Ads that appear on Nexopia.com may be sent to members and visitors.
Targeted advertising refers to ads that are sent to specific users based on certain personal information and other information that indicates that the user may be interested in the products to be advertised. For example, Nexopia.com may use User Profile Information and Summary Profile Information in order to serve ads to Nexopia.com members who are a certain age, sex or live in a certain city.
Aggregated information may be shared with third parties to provide more relevant services and advertisements to members. For example, we may tell an advertiser that X number of individuals visited a certain area on our website or that Y number of men or Z number of women filled out our registration form. Nexopia.com does not send your personal information to advertisers in order to serve targeted ads.
Users who have purchased the Plus service have the choice to receive fewer ads than users who access the site for free. To activate this option, users can select the “show fewer ads” option in their account Preferences. With the exception of content sponsorships (advertorials) and contests, users who select this option will not receive any banner ads, including third-party advertisements.
Disclosure of Personal Information
We may access and share a user’s information in response to a legal request (such as a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Canada where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, our users and others, including as part of investigations; and to prevent death or imminent bodily harm.
Some personal information may be stored or processed by third parties, including contractors, business partners and affiliates located in the United States. Therefore, your information may be processed and stored in the United States, and may not be subject to the same privacy rules as in Canada. As a result, the governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States.
Payment Broker - Playerize
Nexopia uses the payment broker Playerize (formerly SuperRewards) to process all payments made on the website (including for the Plus service and for username changes). Nexopia will not disclose personal information about payment and member profile data to Playerize for billing and payment purposes; a unique identifier is created that cannot be linked back to the user’s Nexopia.com user ID number. However, we may disclose personal information about payment and member profile data to Playerize where there is suspicious credit card use or a dispute concerning a charge. We may also contact financial institutions directly to verify credit card information provided. In doing so, we may share the personal information we received from you about you and your credit card.
We sometimes receive calls from and/or attempt to call parents or guardians about a minor’s use of a credit card belonging to someone other than the member. Where a credit card belonging to a person other than the member has been submitted, we will first attempt to verify the identity of the caller as being the credit card holder and, if this is verified, we may release the name of the member who submitted the credit card information to us. It is important that you have the full consent of the credit card holder before submitting their card number to us to pay for services. We reserve the right to cancel your account at any time and prohibit your future use of the Nexopia.com site if you attempt to use a credit card without prior authorization.
Notification of Changes
Links and Third Party Websites
If you click on an ad appearing on Nexopia.com, you may be taken to an advertiser’s or other third party’s website. Nexopia.com also contains links to other sites, such as links posted on blogs, forums and classified ads.
Communications with Non-Members
Using our automated invitation system, Nexopia members can send emails to invite friends to join the service. Nexopia.com stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. Nexopia.com does not sell these email addresses or use them to send any communication except for invitations and invitation reminders. Recipients of invitations from Nexopia.com may request the deletion of their information by contacting Nexopia.com. Non-members may stop the sending of Nexopia.com email invitations by clicking the unsubscribe link in the invitation email.
Blogs, Forums, Message Boards and Classifieds
When you voluntarily post comments, including your personally identifiable information, to blogs, forums, classifieds or any other public forums, the information can be accessed by both registered Nexopia members and the general public. In turn, your information can be used by those people to send you unsolicited communications. If you do not wish to have your postings to blogs, forums, or classifieds visible to both registered Nexopia members and the general public, do not post to these locations.
Nexopia.com uses physical and electronic precautions to protect member personal information in its possession or control. We restrict access to member information to those employees who need access it to perform their job functions, such as our customer service personnel and technical staff.
Nexopia.com uses member-created passwords to assist in the security of member accounts. It is your responsibility to protect your password, as disclosure of it allows anyone to access your account, including all of your sent and received messages. You should also take precautions to protect your email account as anyone can request that your password be sent to your email address. As such, if you allow someone else to use or control your email account, that person may be able to gain access to your Nexopia account. To protect your Nexopia account, please ensure that you do not use the “Remember Me” feature or set your browser to remember your details on any public or shared computers.
While we take measures to attempt to protect your personal information and privacy, we cannot guarantee the absolute security of personal information due to actions of other members with whom you share your pages and information and factors such as unauthorized third party entry or use, or hardware or software failure which may compromise security.
For any additional information about the security measures we use on Nexopia.com, please contact us at email@example.com.
Deletion of Accounts
A Nexopia.com member may request that Nexopia delete their profile and all personal information in Nexopia's system and records. All profile information will promptly be made invisible to all users and will be permanently deleted after 30 days. However, where profile information has been copied to other servers and systems by third parties, Nexopia.com will not be able to delete that information. Note that personal information posted on blogs, forums and classifieds is not deleted when a Nexopia.com member asks for their profile to be deleted, although individual posts may be able to be deleted by the member prior to the deletion of their account.
Members also have the option to temporarily hide their account, should they want to access it again in the future. This can be achieved in two ways: 1) By selecting the “Hide Account” option in Preferences, or; 2) By selecting the “Not Visible” privacy setting for User Profile and Summary Profile in Preferences. When a member chooses to hide their account, all profile information will be hidden but will remain stored in Nexopia’s system and records. If a member wants their information erased, they may request that Nexopia permanently delete their profile. Note: When you hide your account, your Summary Profile will still appear in the Friends List of users you have already be-friended. If you would like to be removed from their Friends List, please delete the friend (either through your own Friends List or on your friend’s profile page).
Nexopia.com may freeze, ban or delete a member profile for any or no reason. A profile freeze restricts the member from accessing their account for a set amount of time (to be determined by Nexopia) while a ban may limit a member’s activity on a particular part of the site (ie. one or more forums). If a member’s profile is deleted, profile information will be deleted as per the standard set above.
Access or Revisions to Personal Information
Nexopia permits requests by an individual for access to personal information about them by sending an email request to firstname.lastname@example.org. Nexopia reserves the right to decline access to personal information where the information requested:
Would disclose the personal information of another individual or of a deceased individual;
Would disclose business confidential information that may harm Nexopia or the competitive position of a third party;
Is subject to solicitor-client or litigation privilege;
Could reasonably result in:
serious harm to the treatment or recovery of the individual concerned;
serious emotional harm to the individual or another individual; or
serious bodily harm to another individual;
May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;
Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
Does not exist, is not held, or cannot be found by Nexopia.
Nexopia permits requests by an individual for revisions to personal information about them by sending an email request to email@example.com. Nexopia reserves the right not to revise any personal information about an individual but instead to append any additional information the individual concerned believes appropriate.
To guard against fraudulent requests for access or revision of personal information, Nexopia.com may in its discretion require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
How to Contact Us
You must agree to abide by the following Terms to use the Services.
You must be at LEAST 18 YEARS OF AGE, OR BE AT LEAST 13 YEARS OF AGE AND HAVE EITHER YOUR PARENT'S OR GUARDIAN'S PERMISSION, to access the Nexopia.com website or use the Services of Nexopia.com Inc. ("Nexopia").
Protect your password. You should not give it to anyone, directly or indirectly, other than to a parent or guardian. Nexopia will not be held responsible for anything that happens to your account due to a shared, lost or stolen password.
The Services offered by the site are intended for personal use only and not for commercial use (without the express written permission from Nexopia).
Only post content that you have the rights to display or use. All content you post remains your property, although, in order to use the Services offered on the site, you give both Nexopia, and other users of the site, the right to use your content.
All other content is the property of Nexopia or our suppliers or licensors. Nexopia content can be used for personal use when on the site, but not anywhere else without Nexopia's written permission.
Nexopia does not monitor your content or that of a third party, but reserves the right to refuse or remove any content that violates these Terms. Nexopia can also, at its sole discretion, take any steps it deems necessary to deal with a violation of these Terms.
Nexopia will assist law enforcement personnel with suspected or alleged illegal user content if accessible.
Engaging in any illegal or objectionable behaviour or posting of any illegal or prohibited material (i.e. harassment, racist comments, violent messages, nudity...) on the site may result in the termination of your membership, or result in possible legal action.
Nexopia has no control over content hosted on other Internet sites. Just because a link, for example, appears on our site does not mean Nexopia approves or endorses that content.
Nexopia cannot be held responsible for what others do with the information you post on the Service, so be cautious about the information, especially personal information, you post about yourself or others.
You may delete or hide your own account from your preferences page at any time. We reserve the right to delete or freeze your account at any time for any violation of these Terms.
NEXOPIA SERVICES ARE PROVIDED ON AN 'AS AVAILABLE' AND 'AS IS' BASIS WITH USERS MAKING USE OF THE SERVICES AT THEIR OWN RISK.
Any user found in violation of these Terms may have their account terminated and if appropriate, that user may face legal action.
Nexopia.com is a social networking service that allows those individuals who register to become members to receive the Nexopia Services (the "Members") and to create unique personal profiles online in order to find and communicate with friends. If you wish to become a Member, communicate with other Members and make use of the Nexopia Services, you must read these Terms and communicate your acceptance of these Terms (which also includes any other terms and conditions associated with your use of the Nexopia Services for which you have subscribed during or any time following the Member registration process).
In order to register as a Member of Nexopia.com or access and use this Website you must be OVER THE AGE OF 18 OR BE OVER THE AGE OF 13 AND OBTAIN PERMISSION FOR USE OF THE SERVICES FROM A PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS AND CONDITIONS OF THESE TERMS. By using the Website or the Services you represent and warrant that you are at least 18 years old or that you are the parent or legal guardian of a person that is 13 years of age or older that is accessing the Nexopia Website or receiving Nexopia Services, and you have the right, authority and capacity to enter into and abide by all of these Terms. Your profile may be deleted and membership may be terminated without warning, if we have reason to believe that you are less than 13 years of age.
Throughout these Terms the terms "us", "we" and "our" refer to Nexopia.com Inc., including its successors and assigns; the terms "your" and "you" refer to the individual that has accepted these Terms, and includes any user operating under your Membership ID and password, or in the case where the person accessing the Nexopia Website or receiving Nexopia Services is 13 or older, but younger than 18, "you" refers to such person and his or her parent or legal guardian. As a parent or legal guardian, you agree to be responsible for any act or omission of any user older than 13 but younger than 18 that you permit to access and use the Nexopia Website or receive the Nexopia Services, or both.
When you sign up to become a Member, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another Member at any time or to disclose your password to any other person (except a parent or guardian if you are a user 13 years of age or older and less than 18 years old). You agree to notify Nexopia.com immediately if you suspect any unauthorized use of your account or access to your password. You agree to hold Nexopia.com harmless for any damage arising from a third party accessing the Services using a password you disclosed, lost, had stolen, etc.)
The Nexopia Services are for personal use of Members only and may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by Nexopia.com, such as the Marketplace forum. Illegal or unauthorized use, or both, of the Nexopia Services, including collecting user names, e-mail addresses or other personally identifiable information of Members, or both, by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Nexopia Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Nexopia Services.
Nexopia.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials and information that you post to the Nexopia Website (collectively, "Your Content"). After posting Your Content to the Nexopia Website, you continue to retain all ownership rights in Your Content, and you continue to have the right to use Your Content in any way you choose. By posting, displaying or publishing any of Your Content on or through the Nexopia Services or the Nexopia Website, you hereby grant to Nexopia.com a non-exclusive, fully paid, royalty free, sub-licensable, transferable and worldwide license and right (the "License") to use, modify, create derivative works of, perform, display, reproduce, incorporate into other works and distribute Your Content solely on and through the Nexopia Services or Nexopia Website, and allow access to Your Content to other users or Members of the Nexopia Services or Nexopia Website. You also hereby grant each user of the Nexopia Website a non-exclusive license to access Your Content through the Nexopia Website, and to use, reproduce, distribute, prepare derivate works of, display and perform Your Content as permitted through the functionality of the Nexopia Website, the Nexopia Services and under these Terms.
This License will terminate at the time you remove Your Content from the Nexopia Services or Nexopia Website, except that you grant us a continuing perpetual license and right to maintain a copy of Your Content for archival purposes. This archival copy is not posted publicly on the Nexopia.com system; it is maintained only for the purpose of recovering Your Content and restoring accounts (in case of errors or system failure) or to cooperate with law enforcement agencies in order to make the Nexopia Website safer. Although we will use reasonable efforts to delete Your Content that you inform us in writing to remove, we can not warrant that all of Your Content can be successfully removed from the Nexopia Website or Nexopia Services or that other users of the Website or Nexopia Services will not have copied and distributed some or all of Your Content.
You represent and warrant to Nexopia.com that:
The Nexopia Services and Nexopia Website contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials created by or for, or otherwise owned by Nexopia.com ("Nexopia.com Content"). Nexopia.com Content is protected by copyright, trade-mark, patent, trade secret and other intellectual property rights, as Nexopia.com owns or has a license to use and it retains all rights in the Nexopia.com Content, the Nexopia Services and the Nexopia Website. Nexopia.com reserves all rights not expressly granted in and to the Nexopia.com Content.
Nexopia.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Nexopia.com Content (excluding any software code) solely for your personal use in connection with viewing the Nexopia Website and using the Nexopia Services. Except as expressly authorized by Nexopia.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Nexopia.com's Content.
Third Party Content
The Nexopia Services and Nexopia Website may also contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials of other Nexopia.com licensors, suppliers or advertisers ("Third Party Content"). Except for Your Content and as otherwise expressly stated in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell or otherwise distribute, any Content appearing on or through the Nexopia Services. For the purpose of these Terms, "Content" refers to Your Content, Nexopia.com Content and Third Party Content.
Nexopia.com respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Nexopia Website or Nexopia Service any text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other content that violates another party's intellectual property rights. According to the Digital Millennium Copyright Act, all notifications of alleged copyright infringements will result in the immediate removal of the content and the termination of the account of repeat offenders. You may submit any notice of alleged copyright infringement by contacting our Designated Agent.
You acknowledge and agree that Nexopia.com has no responsibility for monitoring, filtering or pre-screening Your Content or Third Party Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that violates these Terms. Nexopia.com may preview a user’s content before it is posted on the Website to ensure conformance with these Terms.
You are solely responsible for Your Content and for your interactions with other Members or others using the Web Site or the Nexopia.com Services (including but not limited to interactions with other users) and Nexopia.com does not and has no obligation to monitor any Member's use of the Services. Nexopia.com does not endorse and has no control over Your Content or Third Party Content. That Content is not reviewed by Nexopia.com prior to its posting and does not reflect the opinions or policies of Nexopia.com. Nexopia.com makes no warranties, express or implied, as to Your Content or Third Party Content or as to the accuracy and reliability of that Content or any material or information that you transmit to other Members or others accessing and using the Nexopia Website, Content or Nexopia Services.
Posting by you of any illegal or prohibited Content or engaging in certain illegal or objectionable conduct may, in our sole discretion, result in termination of your Membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the Nexopia Website and, if necessary, reporting violators to the appropriate law enforcement authorities. Content and conduct that is prohibited includes, but is not limited to, Content and conduct that, in our sole judgment:
Even though all of the Content and conduct that is described above is strictly prohibited, you might nonetheless become exposed to prohibited Content while using the Website or the Services. If so, because we do not control the posting of such Content, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or licensors will in any way be responsible for any damages (to or from any party) related to any such exposure.
You acknowledge that (a) we cannot ensure the security or privacy of Content you provide through the Internet and your private messaging, and you release us from any and all liability in connection with the use of such Content by other parties; (b) we are not responsible for, and cannot control, the use by others of any Content which you post on the Services or provide to them and you should use caution in selecting the personal information posted or provided to others through the Services; and (c) we cannot assume any responsibility for the Content sent by other users of the Services, and you release us from any and all liability in connection with the Content of any communications you may receive from other users.
Inclusion of an External Link on the Nexopia Services does not imply approval or endorsement of that website by Nexopia.com. Furthermore, Nexopia.com is not responsible for third party advertisements which are posted on this Nexopia Website or through the Nexopia Services, nor is it responsible for the goods and services provided by its advertisers.
These Terms shall remain in full force and effect while you access and use the Website and during the time that you are a Member using the Nexopia Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Members' account page. Nexopia.com may terminate your membership for any reason, at any time. Where possible, we will use reasonable efforts to give Members fair notice of termination of their access to the Services. If you are using a paid version of a Service (such as Plus), and we terminate your membership in the Service because you have breached these Terms, you will not be entitled to any refund of unused subscription fees. Even after your Membership is terminated, certain sections of these Terms will remain in effect.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
IN NO EVENT SHALL NEXOPIA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE NEXOPIA WEBSITE OR THE NEXOPIA SERVICES, WHETHER ONLINE OR OFFLINE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR NEXOPIA.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL NEXOPIA.COM'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00).
BY PARTICIPATING IN ANY OFFLINE NEXOPIA EVENT, YOU AGREE TO RELEASE AND HOLD NEXOPIA.COM HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE NEXOPIA.COM EVENT.
Nexopia.com shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. You will be responsible for providing your own communications equipment to access the Website via the Internet, and the Internet access charges thereon.
You agree to defend, indemnify and hold harmless, Nexopia.com, our officers, directors, employees and agents, suppliers, licensors, sponsors and advertisers from and against any and all claims, damages, obligations, losses, costs and expenses, including without limitation reasonable legal fees and disbursements which we may suffer from your activities on or access to and use of the Website or the Service, including without limitation, any infringement or misappropriation of a third party's intellectual property rights or other proprietary rights by Your Content, any breach by you of these Terms including, but not limited to, the Code of Conduct or any charges or complaints made by other parties against you regarding Your Content or otherwise. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim, includeing the associated defense costs. This defense and indemnification obligation will survive your use of the Nexopia Website, Services and the Terms.
THE PURCHASE OF OPTIONAL SERVICES IS NON-REFUNDABLE.
We offer an optional Premium Membership ("Plus") service for a fee. Plus is purchased for a specific time frame and is a non refundable service. Once activated Plus will run for the duration of the time period purchased, regardless of whether or not you are using the Service or if your account has been de-activated.
You agree to pay the published price for Nexopia Services and all applicable taxes in connection with the purchase of the Nexopia Services. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion. As well we reserve the right to refuse payment.
For a service charge "Plus" time may be transferred to your new account, although some restrictions do apply. Time may not be transferred from one Member to another Member. We reserve the right in our sole discretion to refuse the transfer of Plus. If your usage of the Services is terminated because of a breach of the Terms by you, any unused Plus time is automatically and immediately forfeited.
Nexopia may screen for Credit Card Fraud, including, but not limited to, unauthorized payments by family members. Nexopia cooperates with the card holder and/or the authorities regarding questionable and/or unrecognized or otherwise fraudulent payments.
The Services may from time to time include messages from advice columnists who respond to "lifestyle" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance and the statements provided by advice columnists are strictly the views of the columnists and not of Nexopia.com. Such statements do not constitute counselling of any kind.
This Website originates in Canada. Any claim or dispute arising from, or in relation to the Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions or your actual province or country of residence. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the Federal Courts located within the Province of Ontario. Additionally, you agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and is strictly excluded.
NEXOPIA, NEXOPIA.COM and the design marks of Nexopia.com displayed or published on the Nexopia Website and the Nexopia Services are trade-marks or trade dress of Nexopia.com Inc. and Nexopia.com's marks may not be used in connection with any product or service that is not Nexopia.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Nexopia.com.
You do not have the right to assign these Terms or any of your rights to the Services to anyone. Nexopia.com has the right to assign any or all of its rights and obligations under these Terms or to the Services to any third party. At the election of Nexopia.com, if Nexopia.com's obligations hereunder are assumed by a third party, Nexopia.com shall be relieved of any and all liability under these Terms.
These Terms constitute the entire agreement between you and Nexopia.com regarding the use of the Nexopia Services and the Website. The failure of Nexopia.com to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions you may have regarding these Terms.