This General Terms and Conditions apply to NIL Community and to all NIL web based Products, Services, Home pages, Forums, Blogs, Wikis, etc. (collectively also named Products and/or Services).
NIL means NIL Data Communications Ltd. Ljubljana Slovenia and without limitations also its subsidiaries, parent and/or affiliated companies.
You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by NIL in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that NIL will treat your use of the Services as acceptance of the Terms from that point onwards.
You must agree to all of the terms and conditions contained on this page to become a user of NIL Community services, which in turn permits you to access certain of NIL’s products on NIL’s web site. By completing the enrollment process or actually using the Services, you agree to the terms of this agreement, just as if you had signed this agreement. If you do not wish to be bound by this agreement, please do not complete the enrollment process or do not use the NIL site.
Entire contents Copyright (c) 1997-2014 by NIL. All rights reserved.
Texts, graphs, illustrations and other presentations in any form whatsoever at the address http://www.nil-learning.com or http://www.nil-learning.co.za or any other web site ending with nil-learning.com, nil-learning.co.za or nil-learning.africa are property of NIL. It is expressly forbidden to reproduce, distribute, sell, modify or re-design presentations at these addresses without written permission of NIL.
This web site may contain links to third party sites. Access to any other internet site linked to this web site is at the user’s own risk and NIL is not responsible for the accuracy of any information, data, opinions, advice or statement on these sites.
NIL makes no warranty. NIL provides the NIL web sites “as is”, “with all faults” and “as available” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the NIL parties make no representation, warranties or conditions, expressed or implied, including without limitation:
- Warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringment.
- Warranties or conditions arising through course of dealing or usage of trade and
- Warranties or conditions that acces to – or use of the NIL web sites will be uninterrupted or error free. There are no warranties that extend beyond the face of this agreement.
In no event will NIL be liable for any damages, including without limitation any indirect consequential, special incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the NIL web sites, event if such NIL party has been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damage arises from:
- Breach of contract
- Breach of warranties
- Any other cause of action, to the extent such exclusions and limitations are not prohibited by applicable law.
If you are dissatisfied with NIL web sites, you do not agree with any part of this agreement, or you have any other dispute or claim with or against NIL with respect to this agreement or the NIL web sites or on-line services, then your sole and exclusive remedy is to discontinue using the NIL web sites. If not specifically stated NIL does not guarantee in any time and manner the availability of its on-line services. If a service is requested where the period of its realization is not expressly specified and/or precisely scheduled then this request and/or services will be handled on a first come-first serve basis.
When using NIL web sites you acknowledge and agree that the NIL and its parties are not responsible or liable for:
- Any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content.
- Any third party conduct, transmission or data.
- Any viruses or other disabling features that affect your access to or use of the NIL web sites.
- Any incompatibility between the NIL web sites and other web sites, services, software and hardware.
- Any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the NIL web sites in an accurate or timely manner.
- Any damages or costs of any type arising out of or in any contested case with your use of any services available from third parties through links contained on the NIL web site. All limitations, exclusions and disclaimers of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
Using and or contributing to NIL Products or Services
NIL Community and or Products are/can be moderated by NIL Community Administrators and its authorized persons who reserve the right to exercise full editorial control over posted content. By submitting a comment to the NIL Community you understand and agree that we may post your comment in its entirety, in an edited version, or not at all. Any editing will be done primarily for purposes of clarity, length or deletion of offensive, inappropriate, or potentially defamatory material.
You represent that comments posted by you on the NIL Community will not defame, compromise the trade secrets or confidential information of, or violate the copyright or other intellectual property rights of, any third party. You agree to defend, indemnify and hold NIL harmless from and against any claims, losses or liabilities based on a violation of the foregoing representation.
You agree not to post any information that may infringe upon or violate any third party’s intellectual property rights, including, without limitation, copyright, patent, trademark, trade secret, moral rights, proprietary rights or rights of publicity or privacy, or contain obscenity, pornography or be otherwise inflammatory, or which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or which is materially false, misleading or inaccurate. These Services are not to be used as a solicitation for business.
Messages, comments or revisions posted to NIL Community, Forums, Wikis and/or Blogs are not/may not be pre-screened. NIL, or a third party organization whom NIL may appoint to moderate a particular Service, each reserves the right, although it does not have the obligation, to monitor content throughout the Website (or a specific forum, as applicable) and to remove any content which NIL or such third party organization, in its sole discretion, determines to be harmful, offensive, defamatory, libelous, illegally threatening or harassing or which contains obscenity, pornography or is otherwise inflammatory; which may create liability for NIL; or is unrelated to the intention of the community or otherwise in violation of NIL’s policies of acceptable use.
You acknowledge and agree that everything hosted/posted/uploaded on NIL Website is by the moment of its posting on NIL’s site the intellectual property of NIL. You hereby grant to NIL a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) license to implement, distribute, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and use such information in any manner it sees fit. You agree that this license includes a right for NIL to make such Content available to other companies, organizations or individuals with whom NIL has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You confirm and warrant to NIL that you have all the rights, power and authority necessary to grant the above license.
Comments or opinions expressed on the NIL Community, including NIL Products and/or services are those of their respective contributors only. The views expressed by outside contributors do not represent the views of NIL, its management, employees or any with NIL associated subjects. NIL is not responsible and disclaims any and all liability for the content of comments written by outside contributors to the NIL Community.
NIL’s Acceptable Use Policy
This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use by customers of the Web-based products and services provided by NIL.
This AUP identifies the actions that NIL considers to be Prohibited Actions (meaning those actions which create denial of access or impediment of service).
Prohibited Actions: General Terms and Conditions of Use
- Copying/duplicating the Licensed Product or creating subsets or derivative databases from the licensed products.
- Assigning, selling or passing along the Licensed Product.
- Publishing or otherwise disseminating the Licensed Product or creating subsets or derivatives of the Licensed Products.
- Providing services for a fee using the Licensed Product or any subsets or derivatives thereof.
- Allowing data from the Licensed Product to be made available to others or downloading the Licensed Product onto any electronic storage media or distributing or transferring the Licensed Product or its derivatives in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit, of others.
- Unauthorized distribution of passwords and/or access codes.
Prohibited Actions: Impersonation/Forgery
- Adding, removing, or modifying identifying network header information in an effort to deceive or mislead.
- Attempting to impersonate any person by using forged headers or other identifying information.
Prohibited Actions: Network unfriendly activity
- Any activities which adversely affect the ability of other people or systems to use NIL services or the Internet are prohibited. This includes “denial of service” attacks against the NIL servers, network hosts or any individual user.
- Using any program/script/command, or sending messages of any kind, designed to interfere with a User’s session, by any means, locally or by the Internet.
Prohibited Actions: Access control and Authentication
- Attempting to circumvent user authentication or security of any host, network, or account is strictly prohibited. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of NIL servers and networks.
NIL reserves the right to monitor Internet access to the NIL services by authorized User(s)/Licensee(s), as part of the normal course of its business practice. Should NIL discover User(s) engaged in Prohibited Actions as outlined above, which create denial of access or impediment of service, and which adversely affect NIL’s ability to provide services, NIL reserves the right to temporarily suspend User/Licensee access to the NIL Servers and/or services or Licensed Products. NIL shall make written/electronic notification to User or Licensee point of contact of any temporary suspension, and the cause thereof, as soon as reasonably possible. This temporary suspension will remain in effect until the Prohibited Actions have ceased.
NIL Data Communications, Ltd.