IMPORTANT NOTICE: YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION VIII OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section VIII of this Agreement for more information.
2. Your Use of the Site
Prohibited Uses. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site or any part thereof, which includes, without limitation:
(a) use of the Site to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, embarrassing, hateful or racially, ethnically or otherwise objectionable;
(b) use of the Site to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
(c) use of the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site, to restricted portion of the Site, to Content, or any other computer network or equipment;
(d) use of the Site to post, store or disseminate any type of computer viruses, trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
(e) use of the Site to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
(f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
(g) use of the Site to gain competitive intelligence about NXTSQFT.com, the Site or any product or service offered via the Site or to otherwise compete with NXTSQFT.com or any of its affiliates; use the information in the Site to create or sell a similar product, service or information;
(h) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users;
(i) use anything intended to damage or interfere with the proper functioning of the Site and the systems to which it connects or do anything that interferes with any other person’s use of the Site; framing or otherwise simulating the appearance or functions of the Site or any portion thereof;
(j) copying, modifying, disassembling, reverse engineering, decrypting, framing or translating (except for translations for personal use) of the Site or any other attempt to learn the source code, structure, or ideas upon which the Site is based, or facilitating of any other person in doing so;
(l) removing or obscuring any copyright notices or trademarks displayed on the Site.
User Accounts. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account username and password. You agree to immediately notify NXTSQFT.com in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. NXTSQFT.com may refuse to grant a particular username to you for any reason, including, without limitation, in the event, NXTSQFT.com determines that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
3. User Content
User Content. The Site offers the ability for Users to create an account and to submit ideas, photographs, pictures, data, questions, comments, suggestions, and information including personally identifiable information (collectively, “User Content”). User Content posted by users via the Site is the intellectual property of the specific users who post such content. By posting or delivering User Content, you hereby grant to NXTSQFT.com a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
User Content Representations. For any User Content that you post via the Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant NXTSQFT.com the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party. You agree to defend, indemnify and hold harmless NXTSQFT.com, its officers, members, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (x) any claim that the User Content you provide infringes or misappropriates any intellectual property or other rights of NXTSQFT.com or third parties, (y) NXTSQFT.com’s use of any User Content you provide, and (z) any claim brought by a third party against NXTSQFT.com relating to the User Content you provide.