Terms of use

Who we are and what we offer

Garex d.o.o., Cesta k Tamu 12, 2000 Maribor, Slovenia (hereinafter referred to as "Garex" or "we") are the owners and authors of the website www.nex.network and NEX software. NEX software enables centralized management of information on digital displays from a distance. The NEX software is designed to give you maximum control over what's happening on digital displays and maximizes your creativity. Your creativity is only limited by prohibition of the publication of the content listed as prohibited hereinafter. You must refrain from publishing prohibited content on your screens or in connection to your NEX user account (hereinafter referred to as "the account"). The user of the account is solely responsible for each and every post on the account. If you find a post that in your opinion violates these terms of use, please contact our support team at the telephone number +386 (0) 8 205 06 23 or via e-mail: support@nex.network.

These Terms of use govern the use of NEX software content, services and products available on the website www.nex.network (hereinafter "the website"), through or in any connection with it. The website is owned and operated by Garex, which offers you the NEX software in accordance with these terms of use.

Please read the entire terms of use, including the Privacy Policy, which is an integral part of the terms of use.

Access

By accessing the website (or any part of it) and/or using the NEX Software, you fully agree with the terms of use and with all the obligations to which you are bound to by the terms of use. If you disagree with the terms of use or any part of them, stop using the NEX software and leave the web site immediately. The website may only be used by natural persons aged 18 or above, or entities with full legal capacity.

Garex reserves the right to restrain the use of the website and the use of NEX software in case of violation of the terms of use.

1. Your NEX-account

You are responsible for maintaining the security of access to your NEX user account and consequently for all content on the screens and lists of your account. You are entirely and solely responsible for all activities created with your NEX account. Garex is not responsible for any acts or omissions on your part, including any damages that may result from such user actions.

2. License and reservation of rights

By using the NEX software and/or by visiting the website, Garex grants you a personal, revocable, limited, non-exclusive license to use the NEX software and/or the website, subject to limitations in these Terms of use. You agree that you will not use the NEX and/or Web site software for any purpose that would be contrary to the terms of use.

3. Responsibility of users

If you visit a website and/or use the NEX software (including allowing usage of your NEX account to any third party), you are solely and entirely responsible for all the content that is available through your NEX user account (all posts) for all and any damage that arises from the published content.

By publishing content, you guarantee that:

the published content does not violate any third party rights, including, but not limited to personality rights, intellectual property rights, business secret;
you are granted all third party licenses relating to the published content;
the published content does not contain viruses, worms, malicious software, Trojan horses, or others in any way harmful or destructive content;
the published content is not spam nor machine-generated or randomly generated content, and does not contain unethical or unwanted commercial content intended to increase traffic to third-party sites or any further unlawful acts (for example, phishing) or mislead recipients regarding the source of the material (such as fraud);
the published content does not include pornographic material, threats, does not promote violence, does not violate privacy or the rights to information of third parties;
published content does not violate any regulation and is in compliance with all relevant regulation;
the published content is not hateful, offensive, it does not contain elements of intolerance, racism, sexism, chauvinism, homophobia, discrimination, threats, regrets and other acts that jeopardize respect for human rights.

By using the NEX account, you guarantee that:

your NEX account is not being advertised through spam e-mails, for example, spam links to newsgroups, e-mail lists, blogs and websites, and similar unwanted promotional methods;
the content published through your NEX user account is not named in a way that would mislead your viewers and readers to be another person or company. e.g. The URL or name of your account is not the name of a person or a company other than yours;
you have a proper categorization and/or guaranteed description and use of the computer code used in connection with your NEX user account, in the event Garex requested that.

By publishing content through your NEX account, you undertake to have the right to grant, and you grant Garex a royalty-free, revocable, non-exclusive, transferable license to reproduce, distribute, publicly perform, rent, publicly communicate by means of phonograms and videograms, publicly present, broadcast, rebroadcast, secondary broadcast, transform and modify the published content.

Garex reserves the right (not the obligation) to disclaim or remove any content that is not in accordance with the terms of use or is in any way disputable in its sole discretion. Garex reserves the discretion to terminate or deny access to use of NEX software for any individual or entity for any reason.

4. Payment and renewal

4.1. General payment terms

You agree to pay Garex a monthly or yearly subscription to use the NEX software. Payments will be charged based on the advance payment on the day you sign in, and will cover the cost of use of NEX software for a monthly or yearly period of time as indicated. Taxes are included in the price and are not refundable.

4.2. Automatic renewal

Subscription and therefore obligation to pay for the use of NEX software is automatically renewed unless you terminate the renewal, with 15 days’ prior written notice. Before the end of the valid subscription period, the subscription will automatically renew, and you allow us to choose a monthly or yearly subscription (and all taxes) on your behalf and the use of any credit card or other payment mechanism that was used to make a subscription from your behalf in the past and is noted to your user account, at our own discretion.

4.3. Cancellation and termination

In case you want to cancel and terminate use of the NEX software, you can cancel your account by sending us an official e-mail to support@nex.network.

5. Responsibility of visitors and users

Garex does not control and cannot review all content published on all NEX accounts, so it can not be held responsible for the content, use, or effects of these content. By providing the NEX software Garex does not represent or suggests its support to published material or its belief that such material is accurate, usable or harmless.

You as a user are solely responsible for taking the precautionary measures that are necessary to protect you and your computer system against viruses, worms, Trojan horses, and other harmful or devastating content. NEX accounts may contain content that is offensive, obscene, or otherwise unsuitable, as well as content that contains technical inaccuracies, typographical errors, and other errors, whereas in might be unknown to Garex. User accounts may also contain material that violates privacy or publicity rights or infringes intellectual property rights and other property rights of third parties, or additional terms apply to their transfer, copying or use of such material.

Garex disclaims all liability for any damages resulting from the use of the website and/or use of the NEX software.

6. Content published on other websites

Garex does not control and can not review all the content available on website and websites that can be linked from the website. Garex does not control these websites and is not responsible for their content or their use. You are responsible for taking precautionary measures that are necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or devastating content. Garex is not liable for any damage arising from use of the website and/or in connection with the NEX software.

7. Infringement of intellectual property rights

Garex respects the intellectual property rights of others and requires all users to respect third party intellectual property rights. If you believe that the content that is in use in NEX software violates your intellectual property rights, please inform Garex. Garex will respond to all such notifications, including the requirement to remove material that infringes intellectual property rights or are related to the violations identified above. Garex may terminate access and use of the NEX software if the user is perceived as a repeated intellectual property rights of Garex. In the event of such termination, Garex has no obligation to repay the amounts previously paid to Garex.

8. Intellectual property rights

Garex retains all right, title and interest in and to the Garex Intellectual Property rights, as defined below. Usage of NEX software or website shall not in any case, be deemed as transfer or assignment of intellectual property rights.

The Garex word, the Garex logo, the Nex brand, the nex.network, the Nex logo, and all other trademarks, service marks, graphics and logos used in conjunction with Nex or the website are trademarks (registered or not) owned by Garex. Use of the Website does not entitle you to reproduce or use any part of the property Garex in any other way than described in these terms of use.

9. Advertising

Garex reserves the right to non-invasive display of its trademarks as a promotion in the toolbar or footer of the screen, i.e. "Managed by NEX".

10. Amendments of terms of use

Garex reserves the right to amend any part of these Terms of use at any time in its sole discretion. It is user's responsibility to regularly check the latest version of the terms of use. Using or accessing NEX software after the publication of amendments of these terms of use shall be deemed as consenting to the changes. Garex might also offer new services and/or functionality on the www.nex.network website (including new tools and resources). All new functionalities and/ or services will be governed by these terms of use.

11. Termination and survival

Garex may terminate access to the entire or any part of the website and/or NEX Software at any time, without any reason or notice. All provisions about ownership, limits of liability, disclaimer of warranties, indemnification and limitations of liability survive termination.

12. Disclaimer of warranties

The website and NEX software are provided to you "as is" with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. Garex does not make, and hereby disclaims, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non infringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. By using NEX software and visiting a website, you agree to take over all risks that are exposed under the Terms of use.

13. Limitation of Liability

In no event shall Garex be liable to you for any form of damages caused by the use of the NEX software and/or website, subject to terms of use, regardless of whether arising in tort (including negligence), contract, strict liability or otherwise. Garex is also not explicitly responsible for the loss or damage of data. Under no circumstances shall Garex be liable for damages, which are higher than the subscription paid by the user during the last 12 months before the occurrence of the damage.

Garex is not responsible for any errors or delays due to matters beyond their reasonable control.

14. Representation and warranties

You, as a User, represent and warrant that (i) your use of the NEX Software will abide with these Terms of use, Privacy Policy and all applicable laws and regulations (including any local laws or regulations in your country, country, city or other governmental field relating to online behavior and acceptable content, including any applicable laws on the transfer of technical data exported from the United States, the EU or the country in which you reside); and (ii) your use of the website will not violate or abuse the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Garex, its representatives, licensors and their directors, employees, employees and agents will not be liable for any damages and costs, including the fees of lawyers arising out of your violations of these terms of use.

16. Miscellaneous

We will occasionally update this Terms of use. The most current version of the EULA will govern Your use of the website and/or NEX software. Latest and published version of Terms of use is valid. This terms of use and all disputes or controversies arising out of or relating to this terms of use shall be governed by, and construed in accordance with Slovenian law, by the Slovenian competent court.

If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall shall continue in full force and effect.

Garex may transfer its rights arising from these Terms of use, without any limitations.

Users, Garex and their legal successors are bond by these Terms of use.

17. Entire agreement

Terms of Use, including Privacy Policy, constitute the entire agreement between you and Garex with respect to the website or NEX software. Terms of use supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and published by Garex.

Ptuj, September 2017
Ovčar Nikola, Director