Thanks for using our products, consulting services, and network of websites (the “Services”). The Services are provided by Niva Digital, LLC. (referred to in these Terms of Service as “NIVA”,”we” or “our”)

By using our Services, you are agreeing to these terms. Please read them carefully.

Using the Services does not give you ownership of any intellectual property rights in the Services or the content that you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Services. Do not remove, obscure or alter any legal notices displayed in or along with the Services.

Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as described in these terms, your subscription agreement, order form, or as permitted by applicable law. We may suspend or stop providing the Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

The Services display some content that is not ours. This content is the sole responsibility of the entity that makes it available.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications, but not all of them.

Some of the Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

In addition, you agree that you will not, and will not allow third parties to use our Services to:

• participate in, or promote any activity considered illegal;
• launch any unlawful, invasive, infringing, defamatory or fraudulent software or enterprise;
• intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
• interfere with anyone’s use of our Services, or interfere with the software and equipment used to provide our Services;
• disable, interfere with or circumvent any aspect of our Services;
• take any action to allow users to infringe or misappropriate the intellectual property rights of others;
• generate, distribute, or facilitate unsolicited mass email, or advertising; or
• use the Services, or any interfaces included in the Services, to access any other company’s product or service in a manner that violates the terms of service of such other product or service.

Privacy

Please review our Privacy Policy to understand how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Policy.

About Software in our Services

When the Service requires or includes downloadable software, this software may be updated automatically on your computer or other device once a new version or feature is available.

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license for the term of your subscription to use the software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us in the manner permitted by these terms, the subscription agreement, and order form. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about the Services.

Other than as expressly set out in these terms and any additional terms that may be included in a subscription agreement, services contract, or order form, neither NIVA, nor our partners, suppliers or distributors make any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

About these Terms

We may modify these terms or any additional terms that apply to the Services to, for example, reflect changes to the law or changes to the Services. You should look at the terms regularly. We’ll post notice of modifications to the Services and these terms on this page. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately.

If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.

If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For information about how to contact us, please see our Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Niva Digital, its affiliates, officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and expenses, resulting or arising from, or incurred in connection with, any violations by you of these Terms of Use.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. Niva Digital AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF (OR THE INABILITY TO USE) THIS WEBSITE AND ITS CONTENTS, OR A WEBSITE LINKED TO THIS WEBSITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.

DISCLAIMER

THIS WEBSITE IS PROVIDED BY Niva Digital ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITE.

Niva Digital MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. Niva Digital DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF HARMFUL COMPONENTS.

SEVERABILITY

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

APPLICABLE LAW

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of STATE. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts in CITY, STATE.

 

Acceptable Use Policy

Niva Digital’s information technology environment is meant to support and enable the business operations conducted by Niva Digital, employees, contractors, and partners. As an organization, we all contribute to:

1. Ensuring our network and systems are appropriately used for Niva Digital operations.
2. Securing our systems and data against inadvertent or malicious activity.
3. Supporting each other in promoting best practices for using computers and information technology (IT) services.

This policy outlines the appropriate use of Niva Digital,  technology resources and lists explicitly unauthorized activities that would impair the business and organization. Inappropriate use exposes Niva Digital,  to risks, including virus attacks, compromise of network systems and services, and legal issues.

Persons and entities covered by this Policy

The policy applies to all people who may have access to information owned by Niva Digital,  or its customers, including all employees, contractors, suppliers, partners, and visitors.

Information and Access Territorial Scope

The policy framework applies to all locations from which information owned by Niva Digital,  or its customers is accessed, including home use.

Policy

General Use and Ownership 

• While Niva Digital,  desires to provide a reasonable level of privacy, users should be aware that the data they create on corporate systems remains the property of Niva Digital, . Because of the need to protect Niva Digital, ’ information resources, management cannot guarantee the confidentiality of information stored on any network or computing device belonging to the company. 
• Employees should be guided by company policies on personal use of company equipment, which is largely discouraged especially in cases of unacceptable use, and should consult their supervisor or manager if there is any uncertainty. 
• Any information that Niva Digital considers sensitive or vulnerable should be encrypted. 
• For security and network maintenance purposes, authorized individuals within Niva Digital,  may monitor equipment, systems, and network traffic at any time, per the Audit Policy. 
• Niva Digital,  reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy.
• Niva Digital,  reserves the right to monitor and log all activities on equipment and there should be no assumption of privacy.
• The use of Niva Digital technology resources must not cause a loss of service, violate laws or policies, impede others in the course of business operations, nor adversely affect Niva Digital’s reputation.

Security and Proprietary Information 

The user interface for information contained on Internet/Intranet/Extranet related systems should be classified as either confidential or not confidential, as defined by corporate confidentiality guidelines, details of which can be found in Human Resources policies. Examples of confidential information include but are not limited to: corporate strategies, trade secrets, specifications, customer lists, and research data. Employees should take all necessary steps to prevent unauthorized access to this information. 

Keep passwords secure and do not share accounts. Authorized users are responsible for the security of their passwords and accounts. 

Acceptable Use

The following activities are considered acceptable:

• Using Niva Digital,  computers and technology resources for which you have authorization to conduct activities related to business operations.
• Accessing Niva Digital’s resources from non-Niva Digital devices, providing those devices are appropriately secured in accordance with the Mobile Device Security Policy.
• Sharing Niva Digital,  data with other people authorized to work with that data. Please note that identity and access credentials may not be shared with other people.
• Using Niva Digital,  resources to access technology resources for non-Niva Digital purposes (e.g. checking a personal email account) except in cases listed under “Unacceptable Use” or otherwise restricted by your supervisor. 

Responsibilities

When using Niva Digital,  technology resources, you are responsible for:

• Ensuring the appropriate use of technology assigned to you, including computer hardware, software, and access to Niva Digital, -provided services.
• Keeping your identity and access credentials secret, and not sharing those credentials with anyone else.
• Protecting Niva Digital,  information from unauthorized access by carefully assessing requests, especially those that may come from phishing messages or other malicious activity, and consulting with the IT Department in the case of any uncertainty.
• Understanding and following Niva Digital policies, including this policy and those found in the Employee Handbook.
• Understanding and following specific policies and procedures for your position and department in addition to those of Niva Digital, . 

Unacceptable Use 

The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services).

Under no circumstances is a Niva Digital employee authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing Niva Digital, -owned resources. 

The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use. 

System and Network Activities

The following activities are considered unacceptable use:

• Violations of the rights of any person or entity protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Niva Digital, . 
• Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which Niva Digital,  or the end user does not have an active license. 
• Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws. The appropriate management should be consulted prior to export of any material that is in question. 
• Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). 
• Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home. 
• Using identity and access credentials to which you should not have access, including those of another person unless explicitly authorized by Human Resources. 
• Using a Niva Digital,  computing asset to actively engage in:
  • Activities that violate federal, state, or local laws
  • Activities that violate Niva Digital,  internal policies 
  • Activities that violate specific position or department policies and procedures
  • Activities aimed at your personal gain or the gain of an organization other than Niva Digital, 
• Making fraudulent offers of products, items, or services originating from any Niva Digital account. Making statements about warranty, expressly or implied, unless it is a part of normal job duties. 
• Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. 
• Conducting network port scanning or security scanning without prior notification to the IT Department and Security Officer. 
• Executing any form of network monitoring which will intercept data not intended for the employee’s host, unless this activity is a part of the employee’s normal job/duty. 
• Circumventing user authentication or security of any host, network or account. 
• Interfering with or denying service to any user (for example, denial of service attack). 
• Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user’s computing resources, data, or programs, via any means, locally or via the Internet/Intranet/Extranet. 
• Providing information about, or lists of, Niva Digital,  employees to parties outside Niva Digital, . 
• Mass downloading of Niva Digital documents.

Email and Communications Activities 

The following activities are considered unacceptable use:

• Sending unsolicited email messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (email spam). 
• Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages. 
• Unauthorized use, or forging, of email header information. 
• Solicitation of email from any other email address, other than that of the poster’s account, with the intent to harass or to collect replies. 
• Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type. 
• Use of unsolicited email originating from within Niva Digital, ‘s networks of other Internet/Intranet/Extranet service providers on behalf of, or to advertise, any service hosted by Niva Digital,  or connected via Niva Digital,  network. 
• Posting the same or similar non-business-related messages to large numbers of Usenet newsgroups (newsgroup spam). 

Social Media & Blogging

Blogging and Social Media participation by employees, whether using Niva Digital’s property and systems or personal computer systems, is also subject to the terms and restrictions set forth in this Policy. Limited and occasional use of Niva Digital,  systems to engage in blogging and Social Media is acceptable, provided that it is done in a professional and responsible manner, does not otherwise violate Niva Digital,  policy, is not detrimental to Niva Digital, ’ best interests, does not expose client or proprietary information, and does not interfere with an employee’s regular work duties. Blogging and Social Media from Niva Digital, ’ systems is also subject to monitoring.

Employees are prohibited from revealing any confidential or proprietary information, trade secrets or any other material covered or the Firm’s Confidentiality Agreements. 

Employees shall not engage in any blogging or Social Media that may harm or tarnish the image, reputation and/or goodwill of Niva Digital, , its clients, and employees. Employees are also prohibited from making any discriminatory, disparaging, defamatory or harassing comments when blogging or otherwise engaging in any conduct prohibited by Niva Digital, ’ Equal Opportunity and Non-Discrimination Policy and Workplace Violence, Sexual Harassment and Anti-Harassment Policy.

Employees may also not attribute personal statements, opinions or beliefs to Niva Digital,  when engaged in blogging or social media. If an employee is expressing his or her beliefs and/or opinions, the employee may not, expressly or implicitly, represent themselves as an employee or representative of Niva Digital, . Employees assume any and all risk associated with blogging or engaging in Social Media Use.

Apart from following all laws pertaining to the handling and disclosure of copyrighted or export controlled materials, trademarks, logos and any other Niva Digital,  intellectual property may also not be used in connection with any blogging activity.

Enforcement 

Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. 

Policy Review

This policy will be reviewed and updated annually, or more frequently if necessary, to ensure any changes to Niva Digital, ‘ organization structure, technology and practices are properly reflected.