The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Northbridge Business Systems, Gentek Telecom, or its subsidiaries, affiliates, and suppliers (collectively "NBS") in association with the use of the website, which includes https://northbridgesys.com (the "Site") and its Services, which shall be defined below.
The Site is a website which exists to provide a configuration interface for NBS products, and to provide communications services between individual virtual devices within the Second Life platform operated by Linden Lab. This statement does not imply official endorsement or any relationship between Linden Lab and NBS beyond the service operating solely within Second Life and the Site.
Any and all visitors to the Site, as well as any and all people who view, download, or execute any code, transmission, or other multimedia content through Second Life which is the intellectual property of NBS, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. These Services include, but are not limited to: simulated telephone and radio communications services, multimedia content distribution, and computer models ("applications").
The user acknowledges and agrees that the Services provided and made available through our website and through any third party websites are the sole property of NBS. At its discretion, NBS may offer additional Services and/or products, or update, modify, remove, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, removed, or revised Services unless otherwise stipulated. NBS does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that NBS shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such NBS shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Upon registration, you hereby acknowledge that by using https://northbridgesys.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, simulated telephone and radio transmissions, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (https://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (https://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
NBS shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our Services. Therefore, for any content you submit or make available for inclusion within NBS's Site and Services, you hereby grant and allow for NBS the worldwide, continuous, binding, royalty-free, non-exclusive, and completely sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, on NBS's Site or Services, and the incorporation of any such content into other works in any arrangement or medium currently used or later developed, as applicable, and you state and pledge that you are the owner of the said content and are legally able to grant such license.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to us through our Site or any third party website or means of communication, you acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) NBS shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) NBS shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of NBS; and
e) NBS is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold NBS, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
NBS shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either NBS or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that NBS shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
The user herein agrees to the End User License Agreement included at the end of this page.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY NBS, NBS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
NBS makes no warranty that the software product will meet your requirements or operate under your specific conditions of use. NBS makes no warranty that operation of the software product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. NBS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL NBS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BEACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF NBS OR ANY OTHER PARTY, EVEN IF NBS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS NBS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the software product. Selection of whether to correct or replace shall be solely at the discretion of NBS. NBS reserves the right to substitute a functionally equivalent copy of the software product as a replacement. If NBS is unable to provide a replacement or substitute software product or corrections tot he software product. your sole alternate remedy shall be a refund of the purchase price for the software product exclusive of any costs for shipping and handling and any costs of sales, such as Marketplace purchase fees.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, problems with server accessibility and performance, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by NBS to have been caused by you. All limited warranties on the software product are granted only to use and are non-transferable. You agree to indemnify and hold NBS harmless from all claims, judgements, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
This Agreement is goverened by the laws of California, without regard to California's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, their email address and Second Life account name. Users may, however, visit our Site anonymously. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities and interacting with our products in Second Life.
We may also collect personal identification information through Second Life including, but not limited to, Second Life usernames, Second Life account (agent) universally unique identifiers (UUIDs), Second Life group names, Second Life group UUIDs, Second Life group titles, and Second Life agent location information, to facilitate the operation of our web services for various Second Life products. We do not collect in-world chat data, nor do we associate any non-Second Life information with Second Life information unless it is supplied by the User in their account.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
NBS may collect and use Users personal information for the following purposes:
- To facilitate web-enabled products: We may use information you provide to operate and grant access to various web-enabled services for our Second Life products.
- To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site: We may use feedback you provide to improve our products and services.
- To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
You accept and agree to be bound by the terms of this agreement by purchasing the product through the Second Life Marketplace or through our Second Life in-world store, or by installing, using, or copying the product. You must agree to all of the terms of this agreement before purchasing the software product. If you do not agree to all of the terms of this agreement, you must cancel your puchase and you must not install, use, or copy the product.
This Agreement entitles you to install and use as many copies of the software product. You may not make archival copies of the product, and your product copy may not be stored on any medium except within the Second Life servers and client. This Agreement does not permit the installation or use of copies of the software product outside the Second Life environment.
Without first obtaining the express written consent of NBS, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the software product.
Under no circumstances may you sell, rent, lease, sublicense, or otherwise offer usage rights to any NBS product for profit. Any use by users who have not purchased the product through NBS must be free, permitted only by the product's access configuration settings, and cannot be in violation of this agreement.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the software product.
You may not modify the software product or create any derivative work of the software product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the software product.