Last Updated: 12/06/2023.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Nikastic, LLC. (hereinafter" Nikastic"), a company duly organized and validly existing, located at 347 5th Ave, New York, New York 10016. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (Qr.nikastic.com) is operated by Nikastic. Throughout the Site, the terms "we", "us" and "our" refer to Nikastic. Nikasticoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nikastic content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nikastic and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nikastic or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Nikastic Site. The terms "member," "membership," and "account" all refer to this registration as a member on Nikastic's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nikastic is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Nikastic, LLC. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Nikastic, LLC. Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Nikastic Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Nikastic.
Furthermore, you herein agree not to make use of Nikastic, LLC.'s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Nikastic officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Nikastic, LLC.Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Nikastic, LLC. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
Nikastic, LLC. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Nikastic, LLC., its visitors, users and members, including the general public.
Nikastic, LLC. herein reserves the right to include the use of security components that may permit digital information or
material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Nikastic, LLC. or any other content providers supplying content services to Nikastic, LLC.. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
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 (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://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 (http://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.
SECTION 5 - SUBMITTED CONTENT
Nikastic, LLC. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Nikastic, LLC. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Nikastic, LLC.'s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Nikastic, LLC.'s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Nikastic, LLC.'s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Nikastic, LLC.'s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Nikastic, LLC.'s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Nikastic, LLC.'s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Nikastic, LLC. may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Nikastic shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Nikastic 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 Nikastic; and
e) Nikastic is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold Nikastic, LLC., 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 member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Nikastic 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.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Nikastic's sites.
SECTION 8 - MODIFICATIONS
Nikastic, LLC.reserves 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.
SECTION 9 - TERMINATION
As a member of Qr.nikastic.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to .
As a member, you agree that Nikastic, LLC. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your Qr.nikastic.comaccount Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for
cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Qr.nikastic.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within Qr.nikastic.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Nikastic, LLC. 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 Nikastic, LLC. 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.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Nikastic, LLC.'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Nikastic, LLC. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Nikastic, LLC. Services (e.g. Content or Software), in whole or part.
Nikastic, LLC. hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Nikastic, LLC. for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF NIKASTIC, LLC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NIKASTIC, LLC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) NIKASTIC, LLC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NIKASTIC, LLC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NIKASTIC, LLC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NIKASTIC, LLC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NIKASTIC, LLC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NIKASTIC, LLC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NIKASTIC, LLC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release Nikastic, LLC.(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 - NOTICE
Nikastic, LLC. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Nikastic, LLC.trademarks, copyright, trade name, service marks, and other Nikastic, LLC.logos and any brand features, and/or product and service names are trademarks and as such,
are and shall remain the property of Nikastic, LLC.. You herein agree not to display and/or use in any manner the Nikastic, LLC.logo or marks without obtaining Nikastic, LLC.'s prior written consent.
Nikastic, LLC. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Nikastic, LLC. may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Nikastic, LLC. agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Nikastic, LLC.
Attn: Copyright Agent 347 5th Ave
New York, New York 10016
Telephone: 888-804-6616
Fax: 888-804-6616
Email: info@nikastic.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Nikastic, LLC.and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Nikastic, LLC. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Nikastic, LLC. Services, affiliate Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Nikastic, LLC. with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to theAgreement, or the relationship between you and Nikastic, LLC., shall be filed within the courts having jurisdiction within the County of Rockland County, New York or the U.S. District Court located in said state. You and Nikastic, LLC. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Nikastic, LLC. fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Nikastic, LLC. as follows: Mailing Address:
Nikastic, LLC.
347 5th Ave
New York, New York 10016
Telephone: 888-804-6616
Fax: 888-804-6616
Email: info@nikastic.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Nikastic, from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Nikastic's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 - PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Nikastic, LLC. Online Privacy Policy (see the full Privacy Policy at https://qr.nikastic.com/page/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Nikastic, LLC. and/or our subsidiaries and affiliates.
SECTION 27 - ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE
- 1. Every Customer can use the Website as set forth herein.
- 2. The Customer can use the following of the Website’s Electronic Services:
- a. Blog
- b. Account
- c. Newsletter
- d. Link shortening and management of shortened links
- e. Surveys
- f. Link-in-bio
- g. QR codes
- h. Link Analytics / Click Statistics
- 3. A detailed description of the Electronic Services and how to use them can be found herein and on the Website.
- 4. Where not specified otherwise on the Website, Customers use the basic features of the Electronic Services free of charge. Subscription-based options are available against payment, which is in each case specified on the Website.
1) BLOG
- 1. The Blog available on the Website can be used free of charge and accessed by every Customer.
- 2. The mere browsing of the Blog is possible once you enter the appropriate tab of the Website.
- 3. The Customer can, at any time and without having to state the reason therefor, stop browsing the Blog by closing the web browser.
2) ACCOUNT
- 1. Account – the Account can be used after all of the following three steps are made by the Customer: – (1) the Registration Form is completed, (2) the Create Account field is clicked; and (3) the willingness to open an Account is confirmed by clicking the confirmation link automatically sent to the designated e-mail address. The Customer has thirty days to confirm the creation of the Account; upon expiry of this period, his or her details will be deleted. In the Registration Form, the Customer has to fill in the following of his or her details: e-mail address and password. The registration is also possible by using your Facebook, Twitter and Google login data.
- 2. The Electronic Service Account is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, particularly by going to the account settings and clicking the 'Delete account' button. The Account will be added to a 14-day deletion cycle, during which time the Service User may revoke their decision. After 14 days, if the decision is not revoked, the Account is permanently deleted along with all data and links.
- 3. Use of the basic features of the Account is available free of charge. The Link Shortening Service is also available in a free version (referred to as a Free Account). Use of the additional options offered on the Website is available against payment and is possible after the Subscription is bought as set forth in the Price-list. The Subscription is a service delivered by the Service Provider to the Customer for an indefinite period of time. Depending on the Customer’s selection, the billing period is either one month or one year starting from the date on which the Customer obtains access to the Account.
- 4. The Subscription can be bought via the relevant tab of the Website. The fee for using the subscription based Account is charged in accordance with the Price-list. The Customer is obliged to pay for the current Subscription period in advance. If the Subscription is not terminated before its expiry, it is automatically renewed by the same period. During the new subscription period, the Customer has access to paid functionalities from the moment they pay for the new period.
- 5. The Customer may, at any time and without specifying reasons, resign from the extension of the Subscription for the next subscription period by selecting the relevant option on the Website. In such an event, the Customer continues to have access to paid functionalities until the end of the ongoing subscription period.
- 6. The Customer may opt out of extending the Subscription by navigating to the settings of their Account and clicking the “Cancel Subscription” button. A message will then be displayed to the Customer indicating the date from which the cancellation becomes effective. Upon the Customer’s confirmation of this message, the withdrawal from extending the Subscription becomes effective. In this case, the Service Provider will not charge for the subsequent billing period.
- 7. In the event of exceeding any of the limits set for a given Subscription plan, access to the specific service is blocked. The Service User has the option to purchase a higher plan at any time to increase the limit.
- 8. During the ongoing subscription period, the Customer may upgrade or downgrade their subscription plan, with every downgrade of the Subscription having effect only at the end of the ongoing subscription period. If the subscription plan is upgraded, the Customer is obliged to pay the difference in price. The subscription plan is upgraded immediately, but not earlier than after the balance is credited to the Customer’s account. Shorter subscription periods (e.g. when an average annual plan is upgraded to the highest monthly plan) are upgraded immediately, but the balance resulting from a shortened subscription period is shown in the Account as a credit to use when extending the Subscription to another period.
- 9. The prices for the Subscription are listed in the Price-list each time in United States dollars (USD). In the case of applying the reverse charge mechanism (Reverse Charge), the Service User is obliged to pay VAT in accordance with the regulations applicable in their country.
- 10. The Service Provider reserves the right to suspend the Customer’s account in any of the following events:
- a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer remains in breach of these Regulations or any other generally applicable laws;
- b. a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer’s conduct is harmful to the Service Provider’s or the Website’s reputation.
- 11. The Account may be suspended either for a fixed period specified by the Service Provider or for an indefinite period of time. When the Account is suspended, you cannot use any of its functionalities. When the Account is suspended, the Customer is obliged to remove the reasons for its suspension, and after such reasons are removed, to immediately notify the Service Provider thereof. The Service Provider reactivates the Account once the reasons for its suspension do not exist anymore, but not later then within 10 Business Days.
- 12. If the Account is suspended and the subscription reasons are not removed for more than 30 days, the Service Provider may terminate the Electronic Service contract by giving a seven days’ notice to the Customer.
3) PAYMENT METHOD AND ACCESS TO SUBSCRIPTION
- 1. The Service Provider offers the Service User the following payment methods for the functionalities provided under the Subscription: credit card payments, debit card payments, or PayPal payments handled by Nikastic, LLC.
- 2. The Service User is obligated to make the payment immediately, but no later than before the start of the selected billing period. Access to paid functionalities within the Subscription is activated in each billing period provided that the payment for that period has been made in advance.
- 3. The invoice for using the Subscription is issued electronically on the same or next day or at most within 7 days from the date of receiving the payment and is available in the 'Invoices' section of the Service User's Account.
4) SHORTENING LINKS, ADDING YOUR OWN DOMAINS AND CREATING SHORT LINKS WITHIN SUCH DOMAINS
- 1. The Link shortening service can be used after you enter a link in the edit field and click the action field.
- 2. Among other things, the Customer can:
- b. set redirects pointing to their own domains (redirects to the homepage and 404 page)
- c. redirect mobile links, i.e. set the final redirect depending on the mobile system in use: iOS, Android, Windows Phone;
- d. change the source of the shortened link;
- e. create links that are available only after entering a password;
- f. delete any shortened links;
- g. create shared accounts and invite others to the account, as well as create and manage groups;
- h. generate link lists as CSV files;
- i. monitor the site status, including any maintenance breaks or failures.
- 3. The availability of some functionalities depends on the Subscription selected by the Customer from the Price-list. A detailed list and functionality descriptions, including information on which functionality is offered against payment, can be found on https://qr.nikastic.com/qr-codes or https://qr.nikastic.com/bio-profiles.
- 4. The Link Shortening Service is provided against payment as a subscription-based functionality of the Account for an indefinite period of time.
- 5. In addition to the Link Shortening Service, the Customer can also check that there is no hidden spam or inappropriate content in the link they provide.
- 6. The Customer can also add his or her own domain and create short links within such a domain. For this purpose, the domain the Customer wants to add has to be redirected to the Service Provider’s IP have to be modified by setting DNS A Record.
- 7. The Customer can also preview the statistics of clicks on his or her shortened link.
5) DISABLING AND REMOVING LINKS FROM THE DATABASE
- 1. The Service Provider can disable, remove or block links, custom domains and subdomains that:
- have been put on any blacklist;
- have been reported to be suspicious (after we find the report to be right);
- contain more than one redirect;
- have been reported as potential malicious/spam, etc.;
- contain unacceptable contents (pornography, violence, etc.);
- redirect to content that does not comply with the DMCA Act;
- violate the rights of third parties;
- violate these Regulations.
- 2. In the above cases, as well as in other instances where there is a justified probability that the links created by a given Service User are used for purposes contrary to the law, the Service Provider reserves the right to suspend the Service User's Account and block the ability to use the Link Shortening service. The procedure for suspension and possible unlocking or deletion of the Account is detailed in clauses 7.10-7.12 of the Regulations.
- 3. In the event of deletion or suspension of a Premium Account available under the Subscription, the Service Provider refunds the Service User a proportional part of the fee for the remaining time until the end of the current subscription period, during which the use of the Premium Account was not possible.
6) SURVEYS
- 1. A Service User who has an Account may, through the Electronic Survey Service, create their own sub-page with surveys.
- 2. Within the Surveys, the Service User can create any surveys directed to recipients of their choice, including adding questions and answers for selection or entry.
- 3. The responsibilities associated with managing the website created by the Service User within the Surveys towards the end users (e.g., survey recipients) rest on the Service User who created the survey.
- 4. The Service User is strictly prohibited from collecting sensitive data (special category personal data as referred to in Article 9 of the GDPR Regulation) in Surveys. This includes the following data: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, bio-metric data for the purpose of uniquely identifying a natural person, data concerning health, sexuality, or sexual orientation.
7) LINK-IN-BIO
- 1. A Service User with an Account may create their own sub-page with links, descriptions, a profile photo/graphic, Vimeo/YouTube video through the Electronic Service Link-in-bio.
- 2. Within Link-in-bio, the Service User can create any micro-sites targeted to the recipients they choose, including personalizing these sub-pages with links, descriptions, a profile photo/graphic, Vimeo/YouTube video.
- 3. The responsibilities associated with managing such a created website towards the end users rest on the Service User creating the micro-site in this way. The Service User is also responsible for the content published on their micro-site and must ensure its compliance with applicable laws and regulations.
8) QR CODES
- 1. A Service User with an Account may create their own QR code through the Electronic Service of QR Codes.
- 2. The Service User using QR Codes is obligated to ensure that after modification, the code works in the correct and intended manner.
- 3. The Service User is responsible for errors or problems arising from the improper functioning of QR codes resulting from their modification by the Service User.
9) LINK ANALYTICS / CLICK STATISTICS
- 1. A Service User with an Account may analyze the traffic generated by shortened links through the Electronic Service of Link Analytics / Click Statistics.
- 2. As part of this service, the Service User has access to statistics and analytical data presented in an anonymized manner, which may include the number of clicks on a given link, including but not limited to: referring domain names, device names, operating system names, browser names, languages, countries of origin of the clicks.
- 3. The Service User is responsible for the proper use of this data, in accordance with applicable laws, including regulations concerning privacy and personal data protection.
10) TECHNICAL INTERRUPTIONS AND FAILURES
- 1. The Service Provider makes every effort to ensure the proper and uninterrupted functioning of the Online Service. However, due to the complexity and sophistication of the Online Service and its Electronic Services, as well as external factors beyond the Service Provider's control (e.g., DDOS - distributed denial of service attacks), errors and technical failures that prevent or limit the functioning of the Service and Electronic Services in any way are possible. In such cases, the Service Provider will undertake all possible and reasonable actions to minimize the negative effects of such events as much as possible.
- 2. The Service Provider promptly informs the Service Users of any errors and technical failures mentioned above and the estimated time for their resolution.
- 3. Apart from interruptions caused by errors and technical failures, there may also be other technical interruptions during which the Service Provider undertakes actions aimed at developing the Service and securing it against errors and technical failures.
- 4. The Service Provider plans technical interruptions in such a way that they are as least disruptive as possible for the Service Users, in particular, to be scheduled during times of reduced traffic on the Service (e.g., night hours) and only for the time necessary for the Service Provider to perform the required actions. The Service Provider informs the Service Users of planned technical interruptions in advance, also indicating the expected duration of the planned interruption.
- 5. The Service Provider is not liable to the Service User for any damages or failure to fulfill obligations resulting from all errors and technical failures and technical interruptions mentioned in this point 19 of the Terms and Conditions. However, this point 19 of the Terms and Conditions is not intended to exclude or limit the statutory liability of the Service Provider towards the Service User who is a consumer or any other statutory rights of such a Service User.
- We thank you for having carefully read these Regulations!
- If you have any questions, kindly feel free to contact us.
- Nikastic QR Team