These terms of service ('Terms') describe the rules that apply to the use of the Nomad Chat (hereinafter referred to as "Nomad") app and / or website. They are a legal agreement, so users should read them carefully.
Requirements to use the services
Users must be at least 13 years old to use the services. If they are not yet legally considered adults where they live or are not emancipated, they may only use the services if a parent or guardian agrees to these terms on their behalf.
Some sections of the services are restricted to people who haven't reached the age of majority (18 years old). They are blocked for minors and users are responsible of not accessing and using them while they are underage.
By using any of the services, users accept this agreement and confirm that they have both the right and capacity to enter into it.
Advertisements
Users agree to the placement of advertising on the services by Nomad and its affiliates and third party partners in exchange for the access and use of the services.
Accounts
In order to access the service, users have to create an account. When doing so, they must provide accurate and complete information.
Users are solely responsible for the activity that occurs on their respective accounts and they must keep their account passwords secure.
No user should use another's account without permission. Any breach of security or unauthorized use of an account must be notified to Nomad immediately.
Although Nomad will not be liable for losses caused by unauthorized use of an account, users may be liable for the losses of Nomad or others due to such unauthorized use.
Automated systems
Users must not use or launch any automated systems, e.g. 'robots', 'spiders' and 'offline readers' in Nomad. The services should never receive from a user more request messages than what one person can reasonably produce in a given period of time.
Nevertheless, Nomad allows public search engines to use spiders to copy materials from the site with the sole purpose of creating publicly available searchable indices of the materials. This permission excludes the objectives of creating caches and / or archives of such materials.
Nomad reserves the right to revoke these exceptions either generally or in specific cases.
Rights of users
Nomad grants users a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable and limited license to:
A) Download, install and use the Nomad app on one or more device(s) that execute one of the operative systems that are supported and that they own or control.
B) Download and install upgrades, updates or other new features and regularly send log information to our servers.
C) Use the business section of the services for commercial purposes.
Nevertheless, the sale of access to the service and the sale of advertising, sponsorships or promotions placed on or within the app and/or website or its content are strictly prohibited. So is the sale of advertising, sponsorships, or promotions on an ad-enabled website that has content delivered via the service, unless it features other materials not obtained from Nomad that are valuable enough to be the basis for such sales. Finally, users cannot solicit others for commercial purposes in the public and private chats.
Nomad does not grant users any further licenses and rights besides those expressly stated.
Rights granted by users
Users grant Nomad a non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, host, publish, display, promote and otherwise use all content created, uploaded, posted, sent, received and stored by them in the services. Users keep the ownership rights over their content.
Obligations of users
Users should always refrain from:
A. Committing or promoting an illegal activity or impersonating a person or entity.
B. Disabling, overly burdening, impairing, or otherwise interfering with servers or networks connected to the services.
C. Bypassing, disabling or interfering with the security functions of the services.
D. Uploading or distributing any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data.
E. Collecting and requesting personal information or data to other users.
F. Soliciting users in the Private and Public Chats to purchase anything. The commercial use of the services is only authorized through the use of the business section.
G. Selling, renting, leasing, assigning, distributing, copying, modifying or hosting any part of the services.
H. Adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling, accessing the source code or reverse engineering any part of the services, except where expressly allowed by applicable law.
I. Bullying, harassing, abusing, threatening, or promoting violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual. Users can only post materials that contain pornography, nudity, or graphic violence in the sections that are solely accessible for adults.
Nomad offers its users tools to hide the content that they find inappropriate. Users must report all content that contravenes these terms of use, which will fall under one or more of the following categories: incorrect tags, spam, copyright infringement, call to violence, illegal content, and also pornography and disturbing content whenever it is accessible to underage users. Users should never abuse the reporting system by submitting false or misclassified reports nor evade spam or message filters. Nomad may review, screen and delete the content shared on public groups or messages that violate these terms of use at any time.
J. Uploading images containing additional data such as embedded sounds, documents, etc.
K. Interfering with the positive experience of other users of the Nomad platform, in Nomad's discretion.
Privacy
Users can learn how Nomad handles their information when they use the services by reading the Privacy Policy. By using the services, they agree that Nomad can collect, use and share their information in the ways described in that policy.
User accounts
Users:
A. Must provide true and updated registration information and ought to keep it updated.
B. Are responsible for the security of their accounts and should use a strong password, avoid sharing it with anyone, and contact Nomad at area.tag.messaging@gmail.com if someone has gained access to it.
C. Must not create a new account after having one disabled unless counting with a written permission by Nomad.
D. Must not buy, sell, rent or lease access to a Nomad account or username unless having a written permission by Nomad.
Nomad reserves the right to vacate a user's account name under its discretion.
Data Charges
Users are responsible for any mobile charges resulting from the use of the services and from its updates or upgrades. It is recommended that they consult their providers what those charges may be before using the services.
Copyright
It is strictly prohibited to users to contravene third-parties' copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
In order to copy, reproduce, distribute, transfer, transmit, display, sell, license or otherwise exploit any content, users need prior written consent of Nomad or the licensors of the content.
Nomad offers copyright owners reporting tools to request removal of any infringing materials and, in appropriate circumstances, ask for the termination of users of the services who are repeat infringers of intellectual property rights.
Third party services
Users' relationship with services, features or products offered by third parties, including those where Nomad is involved, are governed by the corresponding third party's terms. It is strongly recommended that users read and understand said terms before using any third party service.
Nomad has no control over and is not responsible or liable for third party terms and privacy policies, the content on third party services, and the practices and / or actions taken under third party's terms.
Users expressly relieve Nomad from any and all liability arising from their relationship with any third-party website.
Modifying the services and termination
Nomad may add or remove features, products or functionality, and also suspend or stop the services at any time without notice.
Nomad can also terminate this agreement or deactivate users' accounts and / or any group they have created or participated in at any time if they are considered to have violated these terms of service.
Nomad may also reclaim usernames if they have been inactive for at least 3 months or have violated these terms.
Nomad will not be liable to users for terminating this agreement, their accounts or for deleting their content.
Indemnity
Users agree to defend and indemnify Nomad from and against any claims, suits, losses, damages, liabilities, costs, and expenses brought by third parties resulting from or relating to their use of the services and violation of these terms.
Users authorize Nomad to assume, at their expense, the exclusive defense and control of any matter that they are required to indemnify and they agree to cooperate with the defense of these claims. Users also agree not to settle any matter without prior written consent from Nomad.
Users agree to waive any right or legal defense, in cash or any other way, that they have or may have against Nomad and to indemnify and hold Nomad free of any damages or claims.
Disclaimers
Nomad expressly disclaims, wherever it is applicable, any warranties and conditions of any kind, and makes no warranty that the services will meet users' requirements; will be available on an uninterrupted, timely, secure, or error-free basis; and / or will be accurate, reliable, complete, legal or safe.
Limitation of liability
Users understand and accept that access and use of the Nomad's web and mobile platforms and products and of third party sites and products are at their own discretion and risk, that they will be solely responsible for any damage to their computer system or mobile device or loss of data, and that Nomad and Nomad's suppliers have not any liability arising out of or in any way connected to this agreement.
Nomad understands and accepts that said limitations and exclusions of liability may be prohibited by law and that in those cases its responsibility will be limited to the extent permitted by applicable law.
Choice of law & exclusive venue
These terms are governed by the laws of Argentina. Users agree to submit any claim allowed by these terms to be resolved in court to the jurisdiction of Córdoba, Argentina. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Resolution of disputes
Nomad and its users will try to resolve in good faith any dispute or claim that they may have in a period not exceeding thirty days. Users must inform Nomad of any difficulty through the appropriate channels and use the website and / or application responsibly and in accordance with these terms of service.
If the parties do not come to terms in or before said time frame, the controversy will be referred to and determined exclusively through binding arbitration. Nomad and its users waive all rights to a trial in front of a judge or a jury. Any dispute will be considered prescribed after one year in existence without having been addressed by arbitration.
The arbitration will be held on an individual basis and before a single arbitrator, will be conducted in Córdoba, Argentina, will be carried out in Spanish, and will be confidential. Public disclosure will only take place when needed to enforce the arbitral award.
Nomad and its users will each pay the portion of the costs of the arbitration resulting from each party's legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration determined by the arbitrator. Under no circumstances will Nomad provide monetary compensation for any damages to users of the web and mobile platforms.
Users can opt out of this agreement to arbitrate by sending a written notice that indicates that decision, and the name and email of the Nomad account to which it should be associated, to area.tag.messaging@gmail.com.
Validity, modification and termination of these terms
Nomad's terms of service are written in US English. Any translated version is provided exclusively for the convenience of the users and, in case there are discrepancies between the original version in English and a translated version, only the former will be considered binding.
Nomad can modify, update and terminate this agreement at any time without notice. If the introduction of new terms generates a conflict with the previous conditions, the latter will prevail. Whenever a modification or an update of these terms takes place, the date of “Last modified” appearing at the top of this section will be changed as well.
Users should periodically review the most up-to-date version. By continuing to use the services, they confirm their acceptance of the terms in place. If they do not agree with the terms and their modifications, they must stop using the services.
Severability
If any part of this agreement is found to be unenforceable, then that provision will be severed from these terms and not affect the validity or enforceability of the remaining terms.
Final terms
Nomad reserves all rights not granted to users and states that any decision not to enforce a part of these terms will not be considered a waiver.
These terms may be assigned in connection with a merger, acquisition, reorganization or sale of all or substantially all of Nomad assets, or bankruptcy or other operation of law, without users consent.
Users agree to receive electronic messages from Nomad and that they satisfy all legal requirements as if they were in writing.
Contact Us
Nomad welcomes your comments, questions and suggestions. Please send us feedback at area.tag.messaging@gmail.com