Member Agreement
1. Subscription Service. Subject to these Terms, and inconsideration of the fees specified in an Order, Nally Ventures will use commercially reasonable efforts to make the Subscription Service available to You. Nally Ventures hereby grants You a revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Subscription Service for Your business purposes, pursuant to the terms and conditions of these Terms and in accordance with the Documentation. All rights in and to the SubscriptionService not expressly granted herein are reserved to Nally Ventures. Late payments are subject to additional fees. There are no refunds. By using the Nally Ventures Service, you are also agreeing to the terms of use.
2 Use Restrictions. You will not, and will not permit any third party to: (i) copy, distribute, or disclose any part of the SubscriptionService in any medium, including, without limitation, by any automated or non-automated “scraping”; (ii) use any automated system, including, without limitation, robots, spiders, etc., to access the Subscription Service in a manner that sends more request messages to Nally Ventures’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code for the Subscription Service; (iv) modify, or create derivative works based on, the Subscription Service; (v) rent, lease, distribute, sell, resell, assign, or otherwise transfer any rights to use theSubscription Service, or any portion thereof; (vi) remove any proprietary notices from the Subscription Service; (vii) submit to or through theSubscription Service any content that infringes the Intellectual PropertyRights of any third party or is otherwise unlawful, or that contains malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code;(viii) bypass any measures Nally Ventures may use to prevent or restrict access to theSubscription Service, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of theSubscription Service this Platform, or the Software; or (ix) except to the extent permitted under applicable law, access or use the Subscription Service for the purpose of developing a competing product or service, building a product or service using similar functions, features, or graphics, or conducting benchmarking tests or competitive analysis.
3 Login Credentials. In order to access some features of the Nally Ventures Platform, you may have to create an account. You may never use another’s account without the Company’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use. Each set of login credentials for the Subscription Service may be used only by a single, individual Administrator. You agree to promptly notify Nally Ventures of any unauthorized access or use of which You become aware. You will be responsible for all use and misuse of the Subscription Service that occurs under any User’s login credentials, and for any breach of these Terms by any Users.
4 Administrators. You will designate one or moreAdministrators. Administrators will have access to view User content and personal information submitted by Users.
5 Unilateral Termination. Nally Ventures retains the right to terminate your account, and any related service to you under its Subscription Services, if you are found in violation of these Terms or any other Nally Ventures policy. Nally Ventures may, under its sole discretion, delete, pause, or otherwise terminate your access to the Platform and itsSubscription Services for any reason and with or without notice.
6 Updates. Nally Ventures may, from time to time, update or make changes to the features or functions of the Subscription Service. Nally Ventures will make reasonable efforts to provide You with advance notice before removing any material feature or functionality of the Subscription Service, unless security, legal, or system performance considerations require an expedited change, in which case Nally Ventures will provide You with notice as soon as reasonably possible.
7 Error Correction. Nally Ventures shall use commercially reasonable efforts to correct all Errors or to provide a reasonable workaround as soon as is possible using its reasonable efforts during Nally Ventures’s normal business hours.You will provide such access, information, and support as Nally Ventures may reasonably require in the process of resolving any error. This paragraph is Your sole and exclusive remedy for Errors. “Error” as used in this Section means any reproducible material failure of the Subscription Service to function in accordance with the Documentation.
8 Support Exclusions. Nally Ventures has no obligation to correct anyErrors or provide any other support to the extent such Errors or need for support was created in whole or in part by: (a) Your acts, omissions, negligence or willful misconduct, including any unauthorized modifications of the Subscription Service or its operating environment; (b) any failure or defect of Your or a third party’s equipment, software, facilities, third-party applications, or internet connectivity; (c) Your use of the SubscriptionService other than in accordance with applicable Documentation provided; or (d)a Force Majeure Event described in Article 6 below.
9 Browser Compatibility. To view or access all the features of the Nally Ventures Platform, your web browser may require additional third-party software, also known as plug-ins, add-ons, extensions, etc. The Company makes no warranties that this third-party software will be compatible with your computer and specifically disclaims any liability for direct or consequential damages that arise when you download, install, or use third-party software to access the content or features of the Nally Ventures Platform.
10 Required Third Party Services. YOUMAY BE ASKED TO ENTER INTO CONTRACTS WITH THOSE THIRD-PARTY SITES OR THEIR OWNERS OR OPERATORS BY VIRTUE OF YOUR CLICKING ON A LINK ON THIS SITE AND BEING TRANSPORTED TO THE EXTERNAL THIRD-PARTY SITE(S). YOU UNDERSTAND AND ACCEPT THE RISK OF PERHAPS BEING REQUIRED TO ENTER INTO SUCH THIRD-PARTY CONTRACTS AS A CONDITION OF YOUR RECEIVING THE SERVICES PROVIDED BY THE Nally Ventures PLATFORM AND THE LINKED THIRD-PARTY SITES AND THAT THE COMPANY IS NOT RESPONSIBLE FOR YOUR ACTIONS OR INACTIONS IN CONNECTION WITH ANY THIRD-PARTY SITE.
11 Payment Methods. To use Nally Ventures service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available for payment of your fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Nally Ventures may suspend your access to the service until Nally Ventures has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. Please keep your Payment Methods up-to-date.
12 Cancellation. You can cancel your Subscription at any time. Nally Ventures will not provide a refund for the current month’s subscription fee, but You will not be charged for any subsequent months.
13 Payments Nonrefundable. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.