Terms of Use

Last Updated: Jan 1st, 2019

Please read these terms carefully before you use our website or any other services provided by us. These terms act as a binding agreement (“Agreement”) between you and Nesthood (“us”,”we”,”our”). By accessing nesthood.com (“Site”) or the content, resources, material, tools, and/or any other service provided by us (collectively “Resources”), you acknowledge your acceptance of these terms with no modifications.

If you do not agree to these terms and the privacy policy, please do not use the Site.

Privacy Policy

We have published a separate privacy policy to help you understand how we collect, manage and use your private information. Our privacy policy is included under the scope of this Agreement.

Age

This Site is intended only for users aged 18 years or older. Individuals who are younger than 18 years are strictly prohibited from using this Site.

User Content

Any content or material or information or comment or any other communication posted, uploaded, submitted by you directly on the Site, or that is displayed on your direction, becomes our property, and as such, grants us, our affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, worldwide, royalty-free and exclusive license to reproduce, modify, adapt, translate, publish, publicly display, distribute, translate, reformat, edit or use it any way we see fit in connection with the operation of our business.

You will not be compensated for any content that you post. You agree that we may disclose or publish your name in connection with your posted content. In submitting or posting content or any other material on this Site, you represent that you own the rights to such content or are otherwise authorized to post, display, transmit or otherwise distribute it.

Intellectual Property Rights

When accessing the Site, you agree to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (referred to as “Content”) that violates any copyrights, trademarks, or any other intellectual property rights.

You shall be solely responsible for any violation and/or for any infringement caused by any Content you post or provide or transmit or distribute. The burden of proving that your submission doesn’t violate any laws or third party rights is yours.

Inappropriate Content

You agree not to upload, download, display, perform, transmit, post, or otherwise distribute any Content to the Site that

  1. is libelous, defamatory, abusive, racist or threatening
  2. advocates or encourages such conduct that could violate any applicable local, state, national or foreign law
  3. is fraudulent or deceptive in any way
  4. Is obscene or pornographic or contains suggestive or explicit language
  5. advertises or solicits funds or contains any type of unauthorized or unsolicited advertising

We reserve the right to remove the distribution of any such Content and, if applicable, to remove such Content from the servers completely. If you post such Content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

You understand that we do not pre-screen or monitor the content posted by users on the Site. We do not assume any liability for any content posted by you or any other third party users of our website. Further, we will not be responsible for any delay or failure in removing such content.

Prohibited Uses

We impose certain restrictions on how you are permitted to use the Site. You are explicitly prohibited from

  1. violating or attempting to violate any security or other such features of the Site, including, without limitation,
    1. attempting to probe, or scan, or test the vulnerability of the Site, or any associated system or network
    2. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access
    3. attempting to breach security or authentication measures without proper written authorization by us
    4. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of overloading, flooding, spamming, mail bombing, crashing or adding a virus to the Site.
    5. using the Site to send unsolicited email or promotions or advertisements of any kind
    6. forging TCP/IP packet header or any part of the header information in any email or the Site
    7. attempting to modify, reverse-engineer, disassemble, decompile or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site
    8. bypassing any measures we use to prevent and restrict access to the Site
    9. Interfering with the proper working of the Site and Resources in any way
  2. copying any content on the Site, whether manually or through automated means, without our express written permission.
  3. attempting to sell, trade or resell any information or resources made available by us
  4. taking any action that imposes, in our discretion an unreasonable or disproportionate load on our infrastructure

Further, to be clear, this Site is only for your personal and non-commercial use. You shall not commercially exploit the Site, Resources, or the access to Site or Resources in any manner. You shall not modify, distribute, transmit, display, perform, reproduce, publish, create derivative works or transfer any of our Resources without our written permission.

We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

You are completely and solely responsible for any consequences, damages or, losses that we may, directly or indirectly incur due to an unauthorized action by you. In case of any violation or unauthorized use, we will be entitled to an injunction and any other remedies available at law or in equity.

No Warranties

By using our website, you understand that the Site is available on an “as is” basis. This means that we do not represent or warrant to you that:

  1. the Site or the Resources provided will meet your needs or requirements
  2. the use of the Site will be uninterrupted or timely or secure or free from errors
  3. the information provided is accurate or reliable or complete or adequate
  4. any defects will be repaired or corrected

Further, you understand that

  1. you are using the Site and any information at your own discretion and risk. You are solely responsible for any damage or loss of data
  2. no information or advice, whether expressed or implied, in oral or written, obtained by you from nesthood.com or through the Resources shall create any warranty, guarantee, or conditions of any kind except those outlined in this agreement.

We may publish reviews and information regarding third-party products and services on this Site. Any such reviews and information published, is just our opinion and we are not responsible for the actual products and services in any way, and nothing that we say should be construed as a guarantee or warranty of any kind.

We expressly disclaim all warranties, guarantees and/or, conditions of any kind, whether explicit or implicit, including but not limited to the implied warranties and conditions and merchantability and fitness for a particular purpose and non-infringement.

Limitation of Liability

In conjunction with No Warranties as explained above, you expressly understand and agree that, to the maximum extent permissible by law, in no event shall we be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential loss or damages or lost profits or lost data or loss of access or downtime, regardless of foreseeability of those damages, arising out of your use or inability to use, of the Site or Resources or information or reviews provided by us.

Affiliate Sites

We work with a number of partners and affiliates whose websites may be linked to within the Site. We do not control the content and performance of these partner and affiliate sites and make no promises or guarantees about the accuracy, content or quality of the information provided by such sites. We assume no responsibility for objectionable, inaccurate, misleading, or unlawful content that may reside on such sites.

Similarly, from time to time in connection with your use of the Site, you may have access to content items that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for the accuracy or quality or fitment of this third-party content.

Indemnity

You agree to indemnify us for certain acts and omissions. You agree to indemnify, defend and hold us harmless from any and all third party claims, losses, liabilities, damages and/or costs, including attorney fees and court costs, arising from you using or accessing the Site, you violating this Agreement, or your or any other use of your account infringing any intellectual property or other rights of any person or entity.

We will notify you of any such claim, loss, liability, or demand, and will provide you will reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such an event, you shall provide us with cooperation as requested by us.

Copyright & Trademarks

All content and materials available on the Site, including but not limited to text, graphics, website name, code, images, and logos, are our intellectual property and are protected by the applicable copyright and trademark law.

No clause in this agreement shall not be construed in any way as you having any rights to distribute, reproduce, display, transmit or in any other way inappropriately use the information and the materials on the Site, unless specifically authorized by us. All rights are reserved by us.

Nothing in this agreement or on the Site should be construed or understood as us granting you a license to use any of our copyrighted material, trademarks, service marks or logos owned by us or by any third party, in any way.

Severability Waiver

If for any reason, a court of competent jurisdiction finds any term or clause or condition in this Agreement to be unenforceable, all other terms and conditions will remain in full force and effect.

Further, no waiver of any breach of this Agreement shall constitute a waiver a prior, concurrent or subsequent breach. No such waiver shall be effective and authorized unless made in writing and signed by our authorized representative.

Termination of Use

You agree that we may, at our sole discretion, for any reason without limitation, including if you violate any of the terms in this Agreement or if we are unable to verify or authenticate information provided by you or if we believe that your actions may be harmful, suspend or terminate your account and/or your access to all or part of the Site and Resources with or without notice,

Upon any such suspension or termination, your right to use the Site or the Resources will immediately cease to exist and we reserve the rights to remove or delete any information you may have on records with us, including any account or login information.

Governing Law

This website can be accessed from most countries around the world and is international in nature.

By accessing this website, you agree that the statutes and laws of our state of incorporation, without reference to rules regarding conflicts of law, will apply. You hereby irrevocably consent to the exclusive jurisdiction of the courts in our state of incorporation, in all disputes arising out of or related to your use of the Site or this Agreement.

Furthermore, you hereby agree to personal jurisdiction by such courts where any action to enforce this Agreement may be brought in and waive any jurisdictional, or venue, or inconvenient objections to such courts.

Changes

We reserve the right to make any changes to these terms at any time without notice. As and when we make such changes, this page will be updated. We encourage you to review this page frequently and be aware of any modifications.

Your continued use of the Site post any such changes will signify your acceptance of those changes.

Contact

If you have any questions or comments or concerns about this Agreement, you may contact us here: https://nesthood.com/contact/

You may also email us at contact (at) nesthood.com or snail mail us at

  • USA: Nesthood.com, Hickman Rd, Augusta, GA – 30904, Attn: General Counsel
  • India: Nesthood.com, E0601, Godrej Oasis, Sector 88A, Gurgaon, Haryana – 122505, Attn: General Counsel