Terms of Service
1. Applicability & Acceptance
1.1 These Terms of Service ("TOS") apply to the naviquan.com web site ("Service") owned or operated by Camerata, Inc.("Camerata"). The TOS applies to each visitor to and user of the Service, including unregistered and registered users and paying subscribers if subscription services are offered. By accessing or reading information on naviquan.com, you expressly accept and agree to abide by all the terms and conditions contained in this TOS.
1.2 Camerata may change the TOS at any time and the changes will become effective 30 days after posting the revised TOS. You can review the most current version of the TOS at any time at naviquan.com. You are responsible for checking periodically for changes, and your continued use of the Service indicates your acceptance of the new TOS.
1.3 All disputes, claims or other matters arising from or relating to your use of the Service will be governed by the laws of the Commonwealth of Virginia. You are responsible for compliance with all local laws of jurisdictions relevant to locations from which are accessing the Service.
2. General Terms of Use
2.1 Camerata grants you a limited license to access and use the Service and to view, copy and print portions of the naviquan.com. Such license is subject to this TOS, and specifically stipulates that you may view, copy and print portions of naviquan.com for your own informational, personal and noncommercial use. The content included in naviquan.com, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the naviquan.com is owned or licensed by Camerata, Inc. and/or its licensors. The site content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the content, except as expressly permitted, is prohibited without the prior written permission of Camerata.
2.2 You agree that the Service is provided "AS IS" and "AS AVAILABLE". Neither Camerata nor third-party service providers used by naviquan.com assume responsibility for the service interruptions, timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings as well as modification or discontinuance of the Service. Camerata reserves the right to change or to discontinue temporarily or permanently the Service at any time without notice.
2.3 Camerata reserves the right, without notice and in its sole discretion, without any notice or liability to you, to terminate your license to use the Service, or any portion thereof as well as block or prevent your future access to and use of all or any portion of the naviquan.com content or Service.
2.4 There are no claims made whatsoever as to the usefulness, veracity or quality of any of the products and services found on naviquan.com. You agree you are wholly responsible for making your own independent judgment regarding your use of products and services found on naviquan.com. You agree that any material, data, files or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Camerata will not be responsible in any way for any damage to your computer system or loss of data that may result from the download of any such material.
2.5 The information on the Website is provided "as is." As a result it can contain errors and may not be complete, accurate or updated at any moment. Naviquan.com declines any responsibility regarding the accuracy of data and information supplied on the Website. Naviquan.com has no other obligation and responsibility deriving from inaccuracy or omissions. No representation is made that the data displayed are reliable.
2.6 No advice or information, whether oral or written, obtained by you from the Service or our third party service providers will create any warranty not expressly stated. Camerata does not endorse any user content or any third party content and is not responsible or liable for any user content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge and agree that Camerata does not pre-screen user content, and has no obligation to do so.
2.7 Camerata may include in the naviquan.com content advertisements and promotions from third parties. Your use of any third party marketing communications including any terms, conditions, warranties or representations associated with such communications, is solely between you and such third party. Camerata is not responsible or liable for any loss or damage of any sort incurred as the result of your use of third party advertising and promotions or as the result of the presence of third-party advertisers on naviquan.com.
2.8 The Service may provide you with links or other opportunities to use certain sites, services, products, applications or content offered by or through third-party providers, including but not limited to advertisers, content and e-commerce providers ("Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Camerata does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Camerata does not endorse any Third-Party Services or any products, content or communications linked to or accessible from such Services. You may use the Service to purchase products or services from Camerata third party partners and independent resellers. In that event, your contract for such products will be with the third party provider and not with Camerata.
2.9 Access to certain naviquan.com content may be subject to a fee. All payments (including applicable taxes) must be made in advance in US Dollars. You are responsible for the payment of all charges associated with the use of the Service. If your use of the Service is terminated by Camerata, you will be entitled to receive a refund of any credits or prepayments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
2.10 You accept the terms of naviquan.com Private Policy.
2.10 You agree not to engage in any of the following: use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the naviquan.com or any data including but not limited to user personal data (whether individually or in an aggregate form); probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; reverse look-up, trace or seek to trace any information on any other user of the Service, including any naviquan.com user account not owned by you, to its source, or exploit the Service in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of naviquan.com; use any device, software or procedure to interfere or attempt to interfere with the proper working of the Service or with any other person's use of the Service; forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Service; and impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
3. User Content
3.1 You are solely responsible for all user content that you upload, post, email, transmit or otherwise make available on or through the Service. User content includes any content or information of any type or medium, including but not limited to: site form posting; file uploading; letters; emails or other messages; other forms of communication when they are offered through the Service; personal user information; board posts; reader reviews; blogs, ratings of product, services and game, stock trade and portfolio recommendations; testimonials; poll votes; images; audio or video files; and software. You may post only content which you own, have created or which you have clear permission to post.
3.2 Camerata has the right in its sole discretion to refuse, edit, move or remove any user content that is posted using this Service on-line facilities. Handling of content submitted to naviquan.com by Naviquan partners and contributors are regulated by specific agreements and licenses negotiated with such partners and contributors.
3.3 You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright or other intellectual property rights of others.
3.4 By submitting any user content to the Services using this Service on-line facilities you hereby irrevocably grant to Camerata, its affiliates and distributors, a worldwide, nonexclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Service, in connection with promotion or elsewhere, such user content (in whole or in part) and to incorporate the user content into other works in any format or medium now known or later developed. Intellectual property rights regarding content submitted to naviquan.com by Naviquan partners and contributors are regulated by specific agreements and licenses negotiated with such partners and contributors.
4. Restricted Site Areas and Registration
4.1 Certain areas of the Service may be only open to you if you register. You are solely responsible for the confidentiality and use of and access to the access protected site areas using your user name, sign-on password, and/or other methods of identification of they are used (such as electronic ID and/or certificates). You agree to immediately notify Camerata if you become aware of any loss or theft of any sign-on password or ID or any unauthorized use of a sign-on password, ID, user name, or of the Service content. You agree to provide Camerata with accurate, complete registration information and inform Camerata of any changes in such information. For the purpose of confirming your compliance with the TOS, Camerata reserves the right to monitor and record activity on naviquan.com, including access to the Service content.
4.2 Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Camerata does not permit access through a single name and password being made available to multiple users on a network. Camerata may cancel or suspend your access to the Service if you do this without further obligation to you.
5. Hyperlinks
5.1 You are granted a limited, nonexclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray Camerata or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Camerata trademark, logo or other proprietary information, including the images found at naviquan.com, the content of any text or the layout/design of any page or form contained on a page on the naviquan.com without Camerata's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Camerata or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Camerata or any third party without the prior written permission of Camerata or such other party that may own such patent, trademark, copyright or other proprietary right(s).
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CAMERATA, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAMERATA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. CAMERATA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF. CAMERATA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CAMERATA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, CAMERATA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CAMERATA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT CAMERATA HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. WITHOUT LIMITATION OF THE FOREGOING, NEITHER CAMERATA NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM CAMERATA OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CAMERATA RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAMERATA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CAMERATA FOR ACCESS TO OR USE OF THE SITE.