Nfront Marketing Terms of Use

By using Nfront Marketing you agree to comply with all terms of use and licensing defined, referenced, and implied below.

Nfront Social Media and Marketing Services Terms of Use

Upon purchase of a service through this site, this Agreement is accepted and in force between you, as a real estate agent and user, (“Agent”) and Nfront Marketing (“Nfront”) on the date Agent purchases services from Nfront (“Effective Date”).

With respect to services provided, Agent and Nfront Agree that:

Nfront will perform the services (Services) and deliverables (Deliverables) listed in the purchase agreement designed to boost the social media presence of Agent and provide other marketing-oriented services as agreed on by both parties.
Agent will compensate Nfront for said Services and Deliverables (see Purchase Agreement).

1. Account Access & Authorization

Social Media management is a partnership, as such Nfront requires access and authorization to manage Agent’s various social media platforms. To this end, we agree that:

Nfront is authorized by Agent to act on Agent’s behalf in all social media interactions on the internet including, but not limited to, updates, posts, comments, and responses to user comments.
Agent will provide URLs, usernames, and passwords for all of its social and online media when requested by Nfront.

2. Liability Waiver

A social media interaction can occasionally have unforeseen or unintended consequences. Should this occur, Agent waives its right to hold Nfront responsible for any damage and/or liability that may arise from Nfront’s actions on behalf of Agent. This provision shall survive termination of this Agreement.
If, at any time, Agent does not agree with actions taken by Nfront on its behalf, it must notify Nfront in writing at wendy@nfrontmarketing.com within forty-eight (48) hours of interaction. Upon notification, Nfront will attempt remedy, including removing a post, posting a clarification and/or apology across all affected platforms within forty-eight (48) hours.

3. Rights and Intellectual Property

To the extent Nfront creates Deliverables to the Agent in connection with the Services, all copyright, trade secret, trademark, patent and other proprietary rights in and to the Deliverables will remain the exclusive property of Nfront; provided, however, that any Agent created content incorporated into the Deliverable shall remain the exclusive property of the Agent. The Deliverables are furnished to the Agent under a personal, nonexclusive, nontransferable, nonassignable license.

4. Grant of License

Nfront grants to Agent the perpetual, nonexclusive, worldwide, royalty-free right and license to use, modify, publicly display, and publicly perform the Deliverables solely in connection with the content provided by Nfront. This license does not permit the Customer to sublicense or assign its rights to any third parties without the prior written consent of Nfront, which shall be granted at Nfront’s sole discretion. In the event the content provided by Nfront includes the use, production, reproduction or modification of the Agent’s property (including any Agent Content), the Agent hereby grants Nfront a nonexclusive license to use, produce, reproduce or modify any of the Agents’s content, logos, databases, or computer software that the Agent may provide to Nfront, only for the purpose of performing services, and only during the Term of this Agreement, or for a reasonable time thereafter if required by the Work or otherwise agreed upon by the parties.

5. Copyrighted Material and/or Registered Trademarks

Agent asserts and warrants, to the best of it’s ability, that it has the right, license and authorization for the reproduction and publication of the materials furnished to Nfront (including the Agent Content), if any, specifically for use in connection with the Services and Deliverables to be performed.
Nfront asserts and warrants, to the best of its ability, the right, license and authorization to share and publicize and non-Nfront created materials, information or images on Agent’s social media platforms.

6. Service Interruption

Nfront shall be excused from delays in performing services hereunder to the extent that such delays or failure result from causes beyond the reasonable control of Nfront; provided, however, that, in order to be excused from delay or failure to perform, Nfront must act diligently to remedy the cause of such delay or failure.

7. Independent Contractor

It is understood and agreed by both parties that Nfront is an independent contractor and not an agent or employee of the Agent, and has no authority to bind the Agent. . Nothing in this Agreement or any other writing between Vendor and Owner will be construed to create a partnership, joint venture, or agency relationship between them. All government laws and regulations governing an entity such as Nfront are its sole responsibility to obey.

8. Payments

Agent will pay Nfront the fees and costs specified in Addendum A (the “Consulting Fees”). The Consulting Fees shall constitute Nfront’s sole compensation for the performance of the Services under this Agreement. Nfront will invoice Agent as directed in the Addendum A, with such invoice(s) becoming due and payable thirty (30) days after receipt by the Agent, without offsets or delays.
If the Agent disputes any payment claimed by Nfront to be due from the Agent, the agent may make the payment under protest, and, provided Agent delivers written notice to Nfront contemporaneously with the Agent’s payment under protest that such payment is being made under protest, if it is determined that such amount was not actually due from the Agent, NFront shall refund the payment.

9. Term and Termination

Termination for Cause.

(a)In the event that party is in material breach of this Agreement (the “Defaulting Party”), the other party (the “Aggrieved Party”) may give the Defaulting Party written notice of default, specifying such material breach, giving fifteen (15) days to remedy such material breach (the “Cure Period”), and advising the Defaulting Party of the Aggrieved Party’s intent to terminate the Agreement for such breach. The Cure Period may be extended by written agreement between both parties.

(b)The Aggrieved Party may, in its sole discretion, at any time after the expiration of the Cure Period, and so long as such breach remains uncured, elect to terminate this Agreement on written notice to the Defaulting Party, which termination will be effective immediately.

(c)If such breach is cured within the Cure Period (as the same may have been extended by agreement between the parties in writing), such notice of default shall have no further force or effect and the Agreement shall continue in full force and effect and continue to bind the parties.

Notwithstanding the foregoing provision, NFront may, for any reason or no reason, elect to terminate this Agreement upon thirty (30) days’ advance written notice to Agent.
Upon the termination of this Agreement for whatever reason: (a) all obligations of the parties hereunder shall cease, except as stated herein; (b) Agent shall pay NFront all Consulting Fees due and payable up to the date of such termination; and (c) NFront shall return to Agent all Confidential Information. The terms of this Section shall survive the Term of this Agreement, however terminated.

10. Miscellaneous

This Agreement will be interpreted and construed in accordance with the substantive laws of Washington and the United States generally applicable therein, without regard to any provisions of its choice of law rules that would result in a different outcome. The Parties irrevocably and unconditionally submit to the exclusive jurisdiction of and venue in the federal or state courts located in King County, Washington, for any litigation arising out of or relating to the Agreement, regardless of the form of action or the Party that initiates it.
This Agreement and corresponding Addendums and Purchase Agreements constitute the entirety of the contractual agreement between Agent and Nfront.
The Parties to this Agreement will use all reasonable efforts to amicably resolve any claims and disputes arising out of or relating to this Agreement prior to and in lieu of commencing any formal court proceedings. Any dispute, claim, or controversy arising out of or relating to this Agreement that has a value of less than $100,000, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by an arbitration in Seattle, Washington, before one JAMS arbitrator to be agreed upon by both Parties. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Any action or proceedings relating to this Agreement by or between such Parties pursuant to this Agreement, shall be filed exclusively in the state and/or federal courts in Seattle, Washington, which shall then have exclusive jurisdiction.
This Agreement may be executed by facsimile and in counterparts, each of which (including signature page) will be deemed an original, but all of which together will constitute one and the same instrument. A faxed or electronically transmitted signature of any party shall be considered to have the same binding legal effect as an original signature.
The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit such party’s right to enforce such provision at a later time. All waivers by a party must be in writing to be effective.
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

General Terms

Vueocity is a platform that enables packaging, marketing, selling, and delivery of digital content.
The following terms set out the relationship between Vueocity (“Vueocity”,”us”,”we”,”our” and you (“you”,”your”).
With respect to the mechanism by which we facilitate the storing, marketing, selling or delivery of digital content, we will refer to this as “our platform”.
With respect to individuals or organizations who market, sell, and/or deliver content through Vueocity, you will be referred to as a “site owner”. The individual platform site(s) you maintain on Vueocity are referred to as “sandboxes”.
With respect to individuals or organizations who view or purchase services through a Vueocity site owner, you will be referred to as a “customer”.
These terms set forth are legally binding and apply whenever you use the platform. By accessing and/or using our platform you agree to be bound by these terms. If you do not agree to these terms, you may not access this platform.
We reserve the right to change these terms at any time. Updated terms will be posted on this site. Before using our platform, you should always review our terms and policies for updates.
Any failure by us to enforce any terms set out in our agreement with you is not a waiver of our rights to enforce those terms.
If a term of our agreement with you is unenforceable or void, that term can be severed and the rest of the agreement with you will continue to apply.
Our agreement with you does not create a partnership, agency, employment or other relationship between you and us.

Privacy

We will only use your personal information and data in accordance with our Privacy Policy.

Agreement of use

All site owners and customers of our platform agree:

Our platform is a conduit that site owners use to sell or share, and customers to view and purchase digital goods. You do not buy from, or sell to, us. We do not fulfill sales from site owners to customers. We cannot ensure that a site owner or customer will complete a transaction.
You may not use our platform if you are under the age of 18, or otherwise able to enter legally binding contracts, or if you are suspended from using our platform.
You will not use scripts, bots or other automated technology to access or scrape content from our platform.
You are responsible for safeguarding the login information that you use to access our platform and you agree not to disclose your password to any third party. You are responsible for any activity with your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
We are not responsible for any other websites that are linked through to our platform. We do not endorse any content on those sites.
You agree that we can contact you from time to time, by email or otherwise, in relation to the operation of our platform.
You agree that if you dispute a transaction you entered into with a respective site owner or customer, you will contact the other party directly to resolve the dispute. You agree that we do not have any obligations to resolve the dispute between you and the other party regarding the transaction. We may choose to become involved in at our discretion, but we have no obligation to do so.
We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our platform.
You will not breach or otherwise circumvent any security or authentication measures.
You will not access, tamper with, use non-public areas you have not been invited to use.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the entire platform or a platform service.
By use of our platform, you have accepted our Terms of Service. With this acceptance, we hereby grant you a limited nonexclusive, nontransferable, revocable license to use our platform. Your license to use our platform will be automatically revoked should you violate our Terms of Service and/or other policies.
We hereby reserve all rights not expressly granted in these terms.

Site owners

As a site owner on our platform, you agree:

You retain full ownership rights to your content. These terms do not grant us rights to your content or intellectual property.
By using our platform you are extending us limited rights, which are needed to run our platform (hosting your files, delivering them after a sale or for sharing at your direction). These limited rights also extend to our trusted third parties we work with to provide our platform, for example Amazon Web Services, which provides our storage space.
Our platform allows site owners to sell and share digital goods. Site owners are responsible for any Digital Rights Management which would prevent a customer from copying, modifying or sharing these goods. To assist site owners in protecting digital goods, we will provide deterrents that include PDF Protection, Audio/Video Streaming, One at a Time Dashboard Access, Time Limit Access, and Dashboard Access Tracking. We do not guarantee that these deterrents will protect your content.
You must comply with all applicable laws, regulations, standards, and codes of conduct. You are solely responsible for ensuring that you understand your obligations in this regard, and that you comply with those obligations. This includes, but is not limited to, your obligation not to sell illegal or infringing products.
You will not store, sell, share, display, stream, distribute, email, link to or transmit content that is protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents.
You will not store, sell, or share content that is unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred.
You will not store, sell, or share content that contains computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs.
You will not Sell or distribute counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy.
You will not sell or distribute goods or services that if sold by our platform would cause us to violate any law, statute or regulation.
You will not use a trade name or other descriptive term in connection with operating your sandbox that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to your identity.
You will not provide inaccurate, false or misleading information to Vueocity or to prospective customers and you must promptly notify us if any previously supplied information becomes inaccurate, false or misleading.
You will not download software or other code on to a customer’s system without the consent of the customer.
If you delete content, we will make reasonable efforts to remove it from our platform, but you acknowledge that caching or other links to or download of the content may mean that the content continues to be available.

Customers

As a customer of our platform, you agree:

Content that is purchased and delivered on our platform may not be shared or sold by the buyer of said content unless authorized by the site owner of said content.
You will pay for products or services purchased by you.

Site Owner Terms for Selling Content

PayPal is used as a third-party service provider for selling digital goods to customers. Site owners are required to maintain an active and in-good-standing PayPal account.
Payment for goods sold will be remitted through the site owner’s PayPal account.
As a site owner, you are responsible for determining any tax liability of goods for sale and must complete tax set-up information when activating a sandbox.
We will, with the assistance of a third party, calculate and add to the purchase price assumed applicable sales taxes based on the information provided by the site owner and the location of the site owner and purchasing customer. We do not accept liability for accuracy of the tax calculation.
PayPal will remit collected tax payments to the site owner.
The site owner has sole liability for submitting tax payments to relevant tax jurisdictions.
At no time will we provide tax advice or reporting and you agree to indemnify us in any dispute of all tax matters.
We will charge your PayPal account a monthly platform charge based on the service level you select plus any additional active users and download activity. That charge will be billed through your PayPal account on the day of the month that services start (renewal date). For example, if paid services start on the 5th of the month our system will charge your PayPal account on the 5th of each month. This is a pre-payment for your use of the Vueocity platform.
Pricing is subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the www.vueocity.com website or on the platform itself.
No refunds will be issued for monthly platform charges.
We offer a number of service level options. If you choose to upgrade to a higher level, or downgrade to a lower level, your monthly platform charge will be adjusted on your next renewal date.

Security Policy

Our platform uses Amazon Web Services for data storage. All traffic between our platform and the cloud uses SSL to establish a secure, encrypted channel. This ensures that any data (customer names, passwords, and content) cannot be intercepted and read by a third party. You can find more information about Amazon's security at their web site.
Vueocity employees, contractors, and any third parties we contract with for services are prohibited from viewing content you store with us. However, a small number of our support personnel are permitted to access data to maintain compliance with our Terms of Service and Privacy Policies.
We utilize PayPal for customer and site owner payments. Please be aware that they utilize their own security protocols and have their own privacy policies. You can find more information about PayPal's security at their web site.
In compliance with the laws of the United States, we will cooperate with law enforcement when we receive a valid legal request. This may require us to provide the contents of your account.
By acting as a site owner or customer of the Vueocity platform, you acknowledge that no system can guarantee data security with 100% certainty. We will investigate any and all reported security issues arising from the use of our platform.
Please contact us at support@vueocity.com if you have a security concern.

DMCA Notice of Infringement

If someone believes that content on our platform is infringing their intellectual property rights, they can send a DMCA Notice to support@vueocity.com. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement if we believe it infringes on any third party’s intellectual property.
If we remove a site owner’s content in response to a DMCA Notice, we will notify said site owner and provide a copy of such notice. If the site owner believes the content was wrongly removed due to a mistake or misidentification, they may submit a timely Counter Notification to support@vueocity.com.
Upon receiving an effective Counter Notification, we will promptly forward it to the reporting party. If the reporting party fails to notify us within ten (10) business days that it has filed an action seeking a court order to restrain site owner from engaging in the allegedly infringing activity, we will consider, in our sole discretion, restoring eligible content to our platform.
We retain the right to terminate any User’s account and/or access to the platform after receipt of a single DMCA Notice, or at our sole discretion.

Termination

Site owners may terminate this agreement and discontinue service at any time. Termination of charges will be effective as of your next renewal date. Content will be removed and your sandbox de-activated within 48 hours of cancellation.
We reserve the right to terminate your account at any time for any reason, including a breach of the terms of this agreement, any law or suspicion of fraudulent activity.
If your account is terminated, we may elect at our discretion to permanently delete all your content and it may not be able to be recovered or accessed.

Liability

We do not warrant that our platform are error, virus or fault free. Periodically, we may need to restrict or suspend access to our platform. We do not warrant that our platform will always be available or that it will operate in an uninterrupted manner.
You release us from liability for any loss or damage including, but not limited to loss of profits, loss or corruption of data, loss of reputation, business or opportunity or for any direct, indirect, incidental or consequential loss or damage which you or a third party may incur.
You indemnify us and our related bodies corporate against any claims, loss, liability or damage (including legal costs) we may incur as a result of your use of our platform (including but not limited to transactions made, or attempted to be made, via our platform), your content being on our platform, your breach of your agreement with us, and from any claims from third parties (including but not limited to customers).
You hereby waive any claim against us, and release us from any liability, in relation to any transaction you enter into with any customer or site owner using our platform. You agree that such transactions are contracts between you and the customer or site owner, as the case may be, and they we are not a party to, or agent of any party to, those contracts.