- 1.3 This Agreement will govern the use of the Services provided through the Website operated by Website. By using the Website, you agree to be bound by the terms and conditions set out on this webpage (the "Agreement").
- 2.1 By accessing or otherwise using the NZBReader, User acknowledge the following statements:
- 2.1.1 User has read all of the terms and conditions of this Agreement;
- 2.1.2 agrees to be bound by the terms and conditions of this Agreement;
- 2.1.3 agrees to check the Website regularly to be informed about any updates and/or amendments to the terms and conditions of this Agreement; and,
- 2.1.4 has the right to enter into this Agreement.
- 2.2 If User does not accept the above-mentioned information, User may not access the NZBReader and must cease using NZBReader and contact us immediately.
- 2.3 If User is dissatisfied with the terms, conditions, rules, policies, or practices of Company, User sole and exclusive remedy is to stop accessing or using the NZBReader.
3. User registration process
- 3.1 To get access to the services on this Website, you will be required to
- 3.1.1 create an account and password that can be obtained by filling our online registration form, which requests certain information and data ("Registration Data")
- 3.1.2 maintain and update your Registration Data as required.
- 3.2 By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Data Usage
- 4.1 Subject to the terms herein, Company will provide You with access to Data & Services.
- 4.2 You shall not disclose Your credentials to any other party.
- 4.3 You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur in case of using Your credentials.
- 4.4 You shall not use the NZBReader in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
- 4.5 Usage Limits of the NZBReader are the following:
- 4.5.1 The extent of User’s usage of the NZBReader depends on the subscription plan chosen by Client.
- 4.5.2 Usage limits shall not be exceeded.
- 4.6 Company will take all measures necessary for helping User to identify and solve usage problems, or to review the workability of User’s current subscription plan.
- 4.7 Unless and until you tell us that you believe that someone else knows the Account Details or can use your Account by impersonating you:
- 4.7.1 you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
- 4.7.2 we shall not be responsible for any unauthorized access to your Account or the information available in it.
- 4.8 You hereby acknowledge that from time to time, the NZBReader may be inaccessible or inoperable for any reason, including, without limitation:
- 4.8.1 equipment (hardware) malfunctions;
- 4.8.2 software malfunctions;
- 4.8.3 periodic maintenance procedures or repairs which Company’s Technical Team may undertake from time to time; and/or,
- 4.8.4 causes beyond the reasonable control of Company and/or not reasonably foreseeable by Company.
- 5.1 NZBReader has a zero-tolerance policy for the following activities, performing any of them will cause permanent suspension of your download ability. These activities include, but are not limited to:
- 5.1.1 Accessing our system simultaneously through different ip addresses. We will issue one warning and then upon the second detection your account will be terminated without refund.
- 5.1.2 Search for and download illegal content: download anything that is not legal, including without limitation any transmissions that would constitute a material that includes underage, bestiality, zoo, drug use, footage of real violence, cruelty and criminal activity, or otherwise violate any local, state, national or international law or regulation, and download of infringing content without having noticed us about this kind of illegal action.
6. Data protection law
7. Posting Ability
- 7.1 NZBReader does not grant posting privileges of any kind of information to both new or long-term members as our system creates meta search and provides you with an access to this network.
- 7.2 NZBReader is designed to provide users with download ability through the usenet servers. No upload options shall be added in the future improvements of the site.
- 8.1 Company is not responsible for the flow of data, programs, software, graphical images, animations, any other binary file, or any automatically generated derivations of the aforementioned, on any server which originates from third parties. We reserve the right to respond to or not respond to member requests regarding the removal of specific images that may be considered illegal in our jurisdiction/community. For more information refer to our support pages.
- 8.2 Company makes no warranty of any kind, expressed or implied, including, but not limited to, warranties for fitness of purpose or of merchantability, with regard to the quality, content, accuracy, validity, artistic worth, or even legality of the data, programs, graphical images, information, etc., that are available.
- 8.3 In no event shall Company or any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the NZBReader, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise.
- 8.4 NZBReader does not claim to carry all Usenet groups. We urge our prospective members to check our free demonstration archive for the current list of the groups we carry before signing up, as no guarantees are made with respect to the groups we carry. We reserve the right to modify the list of groups carried on NZBReader without prior notification.
- 8.5 NZBReader has a strict policy against Child Pornography (see Child Pornography policy)
9. Free Account Limitations
- 9.1 Users may not create multiple accounts with the purpose of accessing duplicate monthly free plan. Abusing the site's monthly free credit allowance may result in suspension of accounts and service.
10. Limitation of Liability
- 10.1 IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
- 10.2 SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Payment, Refund and Return policy
- 11.1 General
- 11.1.1 DUE TO THE NATURE OF THE SERVICES THE SITE PROVIDES, we can only warrant refund in case, when User have not used the account at all.
- 11.1.2 We do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc).
- 11.2 Subscriptions with rebill option automatically renew. No refunds will be processed for partial months (monthly subscription) or remaining months (annual subscription) of service. You are responsible for keeping your payment information current. Declined payments or other failure to make payment will result in no access to our service.
- 11.3 You may cancel your recurring payment option at any time through the following means: if you want to cancel or modify your recurring billing option, please contact Support.
12. Force majeure
- 12.1 No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.
- 13.1 We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.
- 14.1 For any complaint relating to the Services, you are advised to contact Support Center.
- 15.1. What are Cookies? The Website uses 'cookies' ─ small text files that are placed on the user's computer, smartphone and/or stored by the browser. If the respective server of our Website is again accessed by the user of the Website/Product, the user’s browser sends the afore received cookie back to the server. The server can evaluate the information received in this manner in various ways. Cookies can, for example, be used in order to manage advertisements on the Website or to facilitate navigation on a webpage.
- 15.2. Disabling of Cookies: The user can disable the installation of cookies by entering the corresponding settings in his/her browser software (e.g. in Internet Explorer, Mozilla Firefox, Opera, or Safari). However, in this case the user may jeopardize his/her use of the complete range of functions on the Website.
- 16.1 These Terms & Conditions hereby incorporated by notice and disclaimers contained in the Services form the entire agreement between User and Company with respect to access to, and use of, the Services.
- 16.2 Except as specifically set forth herein, these Terms & Conditions substitute any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and Company relating to the Services.
- 16.3 This Agreement is not implied to create a partnership, joint venture or agency relationship between you and Company.
- 16.4 If any provision of these Terms & Conditions is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted in the event shall it be invalid, illegal or unenforceable. Therefore, the remaining provisions of these Terms & Conditions shall be interpreted in a manner as to give greatest effect to the original intention of the parties hereto.
- 16.6 Accordingly, User agrees that in the event of any conflict between the English language version of the above documents and any other translations thereto, the English language version of such documents shall exclusively prevail.