Terms And Conditions
OWNERSHIP OF THE WEBSITE
The owner of the website www.NexClic.com (hereinafter the WEBSITE) is NexClic B.V. (hereinafter NexClic), with registered address at Hoofdstraat 23, 5121 JA Rijen, The Netherlands, with Chamber of Commerce registration number 71480188.
NexClic is a Dutch Company registered at the Chamber of Commerce (Kamer van Koophandel (KvK)) of Breda, The Netherlands.
By entering or using this WEBSITE you will automatically be considered a USER (hereinafter the “USER”) which requires the full acceptance of each and every provision included in this Terms and Conditions, in the version published by NexClic at the time when the USER accesses or uses the WEBSITE. Consequently, the USER must read and accept all the legal texts applicable to the use of the WEBSITE each and every time they intend to use the WEBSITE, as amendments may have been included.
Certain services or features may be subject to specific terms that, when appropriate, replace, complete and/or amend this document. Therefore, prior to using these services, the USER must also carefully read and accept the corresponding Specific Conditions.
NexClic is a specialist mobile agency that joins advertisers and publishers, owners of apps and websites, intermediating and optimizing advertising.
NexClic may extend or modify the WEBSITE by removing or adding contents or services, at any time.
CONDITIONS OF USE
Unless otherwise stated, no registration shall be required to access the WEBSITE.
You acknowledge and agree that you will use the contents or services offered on the website at your sole risk and/or responsibility.
You agree to use the Website and the services in accordance with the provisions of this legal notice and to make appropriate use of the services and/or contents of the Website and not to use it for illegal or criminal purposes, which may infringe the rights of others and/or violate the regulations on intellectual property, or any other applicable legal standards.
The USER undertakes not to introduce or spread virus, malware or any other software which may harm or cause damages to NexClic and their USERS’ computers, systems and devices.
The USER agrees and undertakes not to take any action to impair the reputation of NexClic or third parties.
The online hiring of publishing services between the parties (Publisher and Advertisers) with the intermediation of NexClic will be subject to specific terms and conditions to be accepted by the parties on each occasion. NexClic will provide a Private panel to each party.
NexClic owns all the intellectual property rights, or has obtained the authorizations or licenses required, of all the contents of the Website, including, without limitation, text, photographs, graphics, images, icons, technology, software, links and any other audio-visual or audio content, as well as graphic design and source code.
The contents of this website, including designs, applications, text, images and source code (“Content’”), are protected by international intellectual and industrial proprietary rights.
Under no circumstances can the content of the WEBSITE be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit written permission of NexClic.
The USERS hereby authorize, license and, to the utmost extent required, assign NexClic with the use of the contents uploaded on the WEBSITE or delivered to NexClic through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination and transformation, on a free of charge and universal basis, without any geographic or time limit.
NexClic grants to the parties (publishers and advertisers) a license for use of the Private panel, with the sole purpose of managing the commercial relation.
NexClic does not guarantee the uptime and continuity of the WEBSITE and/or of the Services or the information contained in the panel. Whenever reasonably possible, NexClic will provide prior notice of any interruptions affecting the WEBSITE and the services. NexClic is also unable to guarantee the utility of the WEBSITE and of the Services for the performance of a specific activity, or of their infallibility.
The WEBSITE has been created and is exploited just as it was designed by NexClic. As a consequence, NexClic does not accept any liability whatsoever for damages of any kind that may be due to downtime or a lack of continuity of the WEBSITE and of the services, of any failure to satisfy expectations or specific needs of USERS and, more specifically, although not exclusively, for any failure to access the different web pages of the portal, when these are caused on grounds that are beyond the will of NexClic.
Access and use of the services offered by NexClic requires a computer or computer device and an Internet connection. The costs associated with these elements will be exclusively faced by the USER.
Notwithstanding the efforts made by NexClic to ensure that the information displayed on the WEBSITE maintains the highest standards of quality, NexClic can’t guarantee the reliability, topicality and utility of such information.
Nexclic does not accept any liability for damages of any kind that may arise from:
(a) Breach of the law, of the morality and o the generally accepted good manners or public order by the USER or third parties;
(b) The infringement of intellectual property rights, business secrets, contractual undertakings of any kind, reputation, personal and family privacy, personal image, property rights and any other kind of rights belonging to a third party, by the USER or third parties;
(c) The performance of unfair competition acts and illegal advertising by the USER or any third parties;
(d) The lack of veracity, accuracy, topicality, thoroughness, pertinence and/or updating of the information provided to NexClic by the USER or any other third party;
(e) The breach, delay in performance, defective 0performance or termination on whatsoever grounds of the obligations due by the USER or any third parties;
NexClic will not be liable for the content or performance of other websites which may be accessed through the inclusion of a link on this WEBSITE. This exclusion of liability extends to the contents and/or services offered through these websites unless these belong to NexClic.
NexClic provides services to the parties as an intermediary and denies any responsibility for the contents of the apps and publishers. NexClic develops the utmost care to provide the service but does not guarantee results.
APPLICABLE LEGISLATION AND JURISDICTION
The terms and use of the WEBSITE are construed, governed and interpreted in accordance with the laws of The Netherlands. The parties hereby agree to expressly submit any controversy resulting from the use of the services to the jurisdiction of the courts of Breda.