Terms of Service

Updated: 20 August 2016
Effective: 20 August 2016

These terms of service define the agreement (“Terms”) between you and Fortuity Limited (trading as Nowbridge) (“Nowbridge”) that covers your use of the Nowbridge service, Nowbridge client software and Nowbridge website (collectively the “Services”). By using and continuing to use the Services you agree to these Terms, which may be updated from time to time. The currently applicable Terms can be viewed at www.nowbridge.com/terms.html. The updated Terms become effective 14 days after they are published on our website.

Please also review our Privacy Policy which explains how we use the data we collect and includes our Cookie Policy and our Security Policy. The Privacy Policy is incorporated into and forms part of these Terms and can be viewed at www.nowbridge.com/privacy.html.

See and be seen

The Services are designed so that images of you can only be seen by contacts that you are able to see through the Services, while you consent to be seen by them and while they consent to being seen by you. We call this principle “See and be Seen” and the other relevant users “Mutually Consenting Users”. The images taken by the Nowbridge client software on your computer will be sent to the Mutually Consenting Users either peer to peer or through our servers. If the images are sent through our servers they will be retained on our servers in memory temporarily after which time they will be deleted from our servers.

Intellectual Property

You own the copyright in each image taken by the Nowbridge client software on your computer and in each message that you send through the Services. You grant us the rights necessary for us to deliver those images and messages to the Mutually Consenting Users either peer to peer or through the Nowbridge servers including a licence to copy the images and messages to our servers and the clients of Mutually Consenting Users.

You must respect the copyright or other intellectual property of others including the Mutually Consenting Users in the images and messages you receive. You must not attempt to make copies of any images you receive through the Services or to retain them for longer than they are displayed on your computer by the Nowbridge client software. You must not send material through the Services if doing so would infringe the copyright or other intellectual property of another person or entity.

Acceptable use

You may only use the Services as they are intended to be used.

You may only use the Services using your true name and you may not pretend to be someone that you are not.

You may only connect with or offer to connect with Mutually Consenting Users that you know and we recommend that you only offer to connect to users that you have a close working or personal relationship with.

You must not attempt to use the Services with or access another user’s account and you must not provide your password details to anyone else.

You must not attempt to spam other users of the Services or to introduce yourself to other users through the Services.

You must not use the Services for illegal, pornographic, or immoral purposes.

You must not use the Services to make untrue, defamatory, threatening, harassing, or offensive comments.

You must not use the Services to display harmful, vulgar or offensive images.

You must not attempt to connect to or send information to the Nowbridge servers or other Nowbridge users through any means other than the Nowbridge client software or the Nowbridge website. You must not use automated means to connect to the Services.

You must not attempt to connect to or view content relating to Nowbridge users who are not your Mutually Consenting Users.

You must not scan, probe or test our system or network for weaknesses, or breach or attempt to breach any security or authentication system, or access any information that you are not authorised to access.

Nowbridge is not responsible for the conduct of other users towards you. Please choose carefully the people you connect with and keep your passwords safe. Please keep your account information up to date.

YOU INDEMNIFY NOWBRIDGE, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIM, LOSS, DAMAGE OR LIABILITY THEY MIGHT SUFFER (INCLUDING LEGAL COSTS) ARISING FROM YOUR BREACH OF THESE TERMS. THIS INDEMNITY WILL SURVIVE THESE TERMS AND YOUR USE OF THE SERVICES.

Age limit

You must be at least 16 years of age to use the Services.

Software licence

On the condition that you agree with and continue to comply with these Terms, you may download the Nowbridge client software from the Nowbridge website and, until these Terms are terminated, we grant you a limited, nonexclusive, nontransferrable, revocable licence to use the Nowbridge client software to access the Services. You agree not to use the Nowbridge client software for any other purpose or to modify, reverse engineer or decompile the Services, or attempt to. You may only use the Services for your individual personal and business communications. You must not use the Services to provide a service to others for money. We may update the Services including the Nowbridge client software automatically and you consent to those updates, which will be subject to these Terms.

All copyright, trademark and other intellectual property rights in the Services, the Nowbridge name, logo, trademarks, and brand features remain our property and these Terms do not grant you any rights or interests in our intellectual property other than the limited software licence granted above.

Disclaimer

THE SERVICES ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW NOWBRIDGE, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES EXPRESS OR IMPLIED ABOUT THE SERVICES, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND RESISTANCE TO HACKING, AVAILABILITY, RELIABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOWBRIDGE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING THROUGH NEGLIGENCE, AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR BUSINESS OR PROFIT OR FOR CONSEQUENTIAL LOSS, EVEN IF NOWBRIDGE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL NOWBRIDGE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR MORE THAN $100 INCLUDING FOR LIABILITY IN NEGLIGENCE.

ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR FROM THE USE OF THE SERVICES MUST COMMENCE WITHIN ONE YEAR OF THE DATE THE CAUSE OF ACTION ARISES, OTHERWISE THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, some of these limitations might not apply to you.

Disputes for residents of the USA

If you are a resident of the United States of America then this clause will apply to you along with the other clauses of these Terms except that clause 8 will not apply to you.

You and Nowbridge agree that all disputes relating to these Terms or the Services will be resolved through final and binding arbitration governed by the Federal Arbitration Act, except that as an alternative the matter may be resolved by a small claims court or a party may apply to a court within the relevant jurisdiction for an injunction to prevent unauthorised use or abuse of the Services or an infringement of intellectual property rights.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

You agree that you will only conduct a dispute against us on an individual basis. You and Nowbridge agree not to bring any claim as a class action, class arbitration, private attorney general action, or a consolidated or representative action relating to these Terms or the Services or otherwise. No arbitration or other proceedings relating to these Terms or the Services or otherwise will be combined with another arbitration or proceeding. You will commence arbitration only in your county of residence. You agree to waive the right to bring a claim in a court and the right to participate in court as a party or a class member.

You may reject any change Nowbridge makes to this clause 7 by sending us written notice signed by you at the mailing address in clause 11 within 30 days of the date of that the change is posted on our website. In that case, the most recent version of clause 7 that applied before the change you rejected was made will continue to apply.

You agree that these Terms will be governed by the law of New Zealand without regard to its rules on conflict of law except that the Federal Arbitration Act governs all provisions relating to arbitration. You agree that if the arbitration clause above does not apply to you and if your claim is not heard in a small claim court, that any dispute you have with Nowbridge, its affiliates, suppliers or distributors will be resolved by, and you submit to the exclusive jurisdiction of, the courts of New Zealand.

Disputes for residents of other countries

If you are a resident of a country other than the United States then this clause will apply to you along with the other clauses of these Terms except that clause 7 will not apply to you.

You and Nowbridge agree that any disputes relating to these Terms or the Services will be resolved through final and binding arbitration governed by the Aribitration Act 1996, except that as an alternative the matter may be resolved by the Disputes Tribunal of New Zealand or a party may apply to a court within the relevant jurisdiction for an injunction to prevent unauthorised use or abuse of the Services or an infringement of intellectual property rights.

You agree that you will only conduct a dispute against us on an individual basis. You and Nowbridge agree not to bring any claim as a class action or representative action relating to these Terms or the Services or otherwise. No arbitration or other proceedings relating to these Terms or the Services or otherwise will be combined with another arbitration or proceeding. You will commence arbitration only in New Zealand. You agree to waive the right to bring a claim in a court and the right to participate in court as a party or a class member.

You agree that these Terms will be governed by the law of New Zealand without regard to its rules on conflict of law. You agree that if the arbitration clause above does not apply to you, that any dispute you have with Nowbridge, its affiliates, suppliers or distributors will be resolved by, and you submit to the exclusive jurisdiction of, the courts or Disputes Tribunal of New Zealand.

Termination

You may cease to use the Services and delete your Nowbridge account at any time. We may suspend or terminate your account and stop providing the Services to you at any time without notice at our sole discretion and without giving a reason. We are unlikely to do that if you use the Services in accordance with these Terms. Termination of the Services and this agreement will result in cancellation of any software licences and other intellectual property rights granted by Nowbridge to you under this agreement or the Extended Terms (if applicable) but shall be without prejudice to the rights of the parties under the other clauses of this agreement and the Extended Terms (if applicable) and in particular any claims by either party, the disclaimer clauses, the dispute clauses and the confidentiality obligations and the payment obligations in the Extended Terms (if applicable).

General

These Terms form the entire agreement between you and Nowbridge regarding the Services and supersede any previous agreements. The parties shall have no liability to each other in tort that exceeds their liability under these Terms.

If part of these Terms is help to be invalid, the remaining terms will remain valid and enforceable.

These Terms and the licence and rights granted by these Terms may not be assigned, transferred or sublicensed by you, but may be assigned by Nowbridge without restriction.

Any failure to enforce our rights is not a waiver of those rights.

Notices

All correspondence for Nowbridge should be sent to:

Nowbridge
Fortuity Limited
6 Viaduct Harbour Avenue
PO Box 90742
Auckland
New Zealand

[email protected]