Terms of Service

Last Updated: October 2023

Welcome to nebulaxy.xyz. These Terms of Service ("Terms") govern your access to and use of the nebulaxy.xyz website and any related services, features, content, or applications (collectively, the "Service") provided by the nebulaxy.xyz team.

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

The Service is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein. These Terms constitute a legally binding agreement between you, the user ("you" or "User"), and nebulaxy.xyz ("we," "us," or "our").

We reserve the right to update, change, or replace any part of these Terms at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

The Service is intended for users who are at least 18 years of age or the age of majority in their jurisdiction. By using the Service, you represent and warrant that you meet this eligibility requirement.

2. Use of Service

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

2.1 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account.

2.2 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

You acknowledge that the Service's availability may be subject to interruptions due to maintenance, upgrades, or telecommunications failures. We do not guarantee uninterrupted or error-free service.

2.3 Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:

• Violating any applicable local, state, national, or international law or regulation.
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Engaging in any activity that is fraudulent, deceptive, or harmful.
• Uploading or transmitting viruses, malware, or any other malicious code.
• Attempting to gain unauthorized access to the Service, other accounts, or computer systems/networks.
• Using the Service to harass, abuse, stalk, threaten, or defame any person or entity.
• Interfering with or disrupting the integrity or performance of the Service.
• Using any data mining, robots, or similar data gathering/extraction tools on the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, information, or content you submit, post, or display on or through the Service ("User Content").

3.1 Content Standards

You represent and warrant that any User Content you provide:

• Is owned by you or you have the necessary rights and permissions to use and share it.
• Does not violate the rights of any third party, including copyright, trademark, privacy, or publicity rights.
• Is not unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.

We reserve the right, but are not obligated, to monitor, review, or remove User Content at our sole discretion.

3.2 Indemnification

You agree to indemnify, defend, and hold harmless nebulaxy.xyz, its team members, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) your use of the Service; (ii) your violation of these Terms; (iii) your User Content; or (iv) your violation of any rights of a third party.

4. Intellectual Property

4.1 Our Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by nebulaxy.xyz, its licensors, or other providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our name, "nebulaxy.xyz," and all related logos, product and service names, designs, and slogans are trademarks of nebulaxy.xyz. You must not use such marks without our prior written permission.

4.2 Your Property

We do not claim ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display that content solely for the purpose of operating, promoting, and improving the Service.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEBULAXY.XYZ, ITS TEAM MEMBERS, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU HAVE PAID TO NEBULAXY.XYZ IN THE PA