Who we are and what we offer
1. Your NEX-account
You are responsible for maintaining the security of access to your NEX user account and consequently for all content on the screens and lists of your account. You are entirely and solely responsible for all activities created with your NEX account. Garex is not responsible for any acts or omissions on your part, including any damages that may result from such user actions.
2. License and reservation of rights
3. Responsibility of users
If you visit a website and/or use the NEX software (including allowing usage of your NEX account to any third party), you are solely and entirely responsible for all the content that is available through your NEX user account (all posts) for all and any damage that arises from the published content.
By publishing content, you guarantee that:
the published content does not violate any third party rights, including, but not limited to personality rights, intellectual property rights, business secret;
you are granted all third party licenses relating to the published content;
the published content does not contain viruses, worms, malicious software, Trojan horses, or others in any way harmful or destructive content;
the published content is not spam nor machine-generated or randomly generated content, and does not contain unethical or unwanted commercial content intended to increase traffic to third-party sites or any further unlawful acts (for example, phishing) or mislead recipients regarding the source of the material (such as fraud);
the published content does not include pornographic material, threats, does not promote violence, does not violate privacy or the rights to information of third parties;
published content does not violate any regulation and is in compliance with all relevant regulation;
the published content is not hateful, offensive, it does not contain elements of intolerance, racism, sexism, chauvinism, homophobia, discrimination, threats, regrets and other acts that jeopardize respect for human rights.
By using the NEX account, you guarantee that:
your NEX account is not being advertised through spam e-mails, for example, spam links to newsgroups, e-mail lists, blogs and websites, and similar unwanted promotional methods;
the content published through your NEX user account is not named in a way that would mislead your viewers and readers to be another person or company. e.g. The URL or name of your account is not the name of a person or a company other than yours;
you have a proper categorization and/or guaranteed description and use of the computer code used in connection with your NEX user account, in the event Garex requested that.
By publishing content through your NEX account, you undertake to have the right to grant, and you grant Garex a royalty-free, revocable, non-exclusive, transferable license to reproduce, distribute, publicly perform, rent, publicly communicate by means of phonograms and videograms, publicly present, broadcast, rebroadcast, secondary broadcast, transform and modify the published content.
4. Payment and renewal
4.1. General payment terms
You agree to pay Garex a monthly or yearly subscription to use the NEX software. Payments will be charged based on the advance payment on the day you sign in, and will cover the cost of use of NEX software for a monthly or yearly period of time as indicated. Taxes are included in the price and are not refundable.
4.2. Automatic renewal
Subscription and therefore obligation to pay for the use of NEX software is automatically renewed unless you terminate the renewal, with 15 days’ prior written notice. Before the end of the valid subscription period, the subscription will automatically renew, and you allow us to choose a monthly or yearly subscription (and all taxes) on your behalf and the use of any credit card or other payment mechanism that was used to make a subscription from your behalf in the past and is noted to your user account, at our own discretion.
4.3. Cancellation and termination
In case you want to cancel and terminate use of the NEX software, you can cancel your account by sending us an official e-mail to firstname.lastname@example.org.
5. Responsibility of visitors and users
Garex does not control and cannot review all content published on all NEX accounts, so it can not be held responsible for the content, use, or effects of these content. By providing the NEX software Garex does not represent or suggests its support to published material or its belief that such material is accurate, usable or harmless.
You as a user are solely responsible for taking the precautionary measures that are necessary to protect you and your computer system against viruses, worms, Trojan horses, and other harmful or devastating content. NEX accounts may contain content that is offensive, obscene, or otherwise unsuitable, as well as content that contains technical inaccuracies, typographical errors, and other errors, whereas in might be unknown to Garex. User accounts may also contain material that violates privacy or publicity rights or infringes intellectual property rights and other property rights of third parties, or additional terms apply to their transfer, copying or use of such material.
Garex disclaims all liability for any damages resulting from the use of the website and/or use of the NEX software.
6. Content published on other websites
Garex does not control and can not review all the content available on website and websites that can be linked from the website. Garex does not control these websites and is not responsible for their content or their use. You are responsible for taking precautionary measures that are necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or devastating content. Garex is not liable for any damage arising from use of the website and/or in connection with the NEX software.
7. Infringement of intellectual property rights
Garex respects the intellectual property rights of others and requires all users to respect third party intellectual property rights. If you believe that the content that is in use in NEX software violates your intellectual property rights, please inform Garex. Garex will respond to all such notifications, including the requirement to remove material that infringes intellectual property rights or are related to the violations identified above. Garex may terminate access and use of the NEX software if the user is perceived as a repeated intellectual property rights of Garex. In the event of such termination, Garex has no obligation to repay the amounts previously paid to Garex.
8. Intellectual property rights
Garex retains all right, title and interest in and to the Garex Intellectual Property rights, as defined below. Usage of NEX software or website shall not in any case, be deemed as transfer or assignment of intellectual property rights.
Garex reserves the right to non-invasive display of its trademarks as a promotion in the toolbar or footer of the screen, i.e. "Managed by NEX".
11. Termination and survival
Garex may terminate access to the entire or any part of the website and/or NEX Software at any time, without any reason or notice. All provisions about ownership, limits of liability, disclaimer of warranties, indemnification and limitations of liability survive termination.
12. Disclaimer of warranties
13. Limitation of Liability
Garex is not responsible for any errors or delays due to matters beyond their reasonable control.
14. Representation and warranties
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall shall continue in full force and effect.
17. Entire agreement
Ptuj, September 2017
Ovčar Nikola, Director