TERMS
Terms & Conditions
NAKAMA
NAKAMA TERMS OF USE AGREEMENT
Welcome and thank you for your interest in Nakama and the Nakama community
(Nakama Global Inc. and its affiliates, collectively, “Nakama,” “us,” “our,” or “we” ). By
clicking a registration or new account submission button, or by otherwise using our
websites, networks, mobile applications, or other services provided by Nakama
(collectively, the “Services”), or accessing any content provided by us through the
Services, you agree to be bound by the following terms of use, as updated from time to
time (the “Terms of Use”).
1. Nakama’s Role.
Nakama, and the Services, may assist you in performing the various tasks seeking
residential housing. However, unless explicitly specified by the terms of use for a
particular Service, the Services are not intended provide you with any financial or real
estate-related advice of any kind. You understand and agree that the Services may include
advertisements. To help make the advertisements relevant and useful to you, Nakama
may serve advertisements based on the information we collect through the Services.
2. Corporate Name.
Nakama Global Inc. has a real estate broker’s license in Florida. However, unless
expressly provided in writing, Nakama assumes no responsibility for any result or
consequence related directly or indirectly to any action or inaction that you or any
consumer takes based on the Services or any other information available through or in
connection with the Services.
3. Affiliated Business Relationship.
Nakama has business relationships with providers of housing. Services offered by each of
these companies may be subject to a Product’s Terms or additional terms of use as
available on their respective websites, networks, mobile applications or otherwise.
Because of these relationships, any referrals of you by Nakama or its affiliates may
provide the referred company, and their respective employees with a financial or other
benefit.
4. Eligibility.
You must be at least 18 years of age to use the Services. By agreeing to these Terms of
Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not
previously been suspended or removed from the Services; and (c) your registration and
your use of the Services is in compliance with all applicable laws and regulations. To
access some features of the Services, you may be required to register for an account and
agree to a Product’s Terms, to the extent applicable to that service, which may be
incorporated herein or available on a separate Nakama site. When you register for an
account you will be asked to provide us with some information about yourself, such as
email address, phone number, or other contact information. You agree that the
information you provide is accurate and that you will keep it accurate and up-to-date at
all times. When you register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and password, and you are
responsible for all actions taken via your account. You may not share your user
account(s) with others. Unless you have entered into a commercial agreement with us
permitting you to use the Services for transactions on behalf of another person, you may
only use the Services for transactions on your own behalf.
5. Restrictions on Use of Services.
As long as you comply with these Terms of Use, we grant you a non-exclusive, limited,
revocable, personal, non-transferable license to use the Services, and to access its
information in object code form, for your personal use. Subject to the restrictions set forth
in these Terms of Use, you may copy information from the Services without the aid of
any automated processes and only as necessary for your personal use.
By using the Services, you agree not to reproduce, modify, distribute, display or
otherwise provide access to, create derivative works from, decompile, disassemble, or
reverse engineer any portion of the Services, use the Services in any way that is unlawful,
or harms Nakama, its service providers, suppliers, affiliates, or any other user, distribute
or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar
communications through the Services, impersonate another person, misrepresent your
affiliation with another person or entity, or make any representation to any third party
under false pretenses, upload invalid data, viruses, worms, or other software agents to the
Services, interfere with, or compromise the system integrity or security of the Services, or
otherwise bypass any measures we may use to prevent or restrict access to the Services,
conduct automated queries (including screen and database scraping, spiders, robots,
crawlers, bypassing “captcha” or similar precautions, or any other automated activity
with the purpose of obtaining information from the Services) on the Services, access or
use any of the Services to develop competitive products or services; or attempt to, or
permit or encourage any third party to, do any of the above.
6. Fees.
You may be required to pay fees to access certain features of the Services. All fees are in
U.S. dollars and are non-refundable. If we change the fees for all or part of any of the
Services, including by adding fees or charges, we will provide you advance notice of
those changes. If you do not accept the changes, we may discontinue providing the
applicable part of the Services to you. Our authorized third-party payment processors will
charge the payment method you specified at the time of purchase or as agreed to as part
of the selected Service. You authorize us to charge all fees as described in these Terms of
Use for the Services you select to that payment method. If you pay any fees with a credit
card, we may seek pre-authorization of your credit card account before your purchase to
verify that the credit card is valid and has the necessary funds or credit available to cover
your purchase.
7. User Materials.
Certain portions of the Services may allow users to upload or otherwise provide Nakama
with images, photos, video, data, text, listings, and other content (“User Materials”).
Absent any additional terms provided in your Product’s Terms, by uploading or
otherwise providing User Materials to the Services, you grant us an irrevocable,
perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, modify, prepare derivative works of or
incorporate into other works, and translate your User Materials, in connection with the
Services or in any other media; and (ii) sublicense these rights, to the maximum extent
permitted by applicable law. We will not pay you for your User Materials or to exercise
any rights related to your User Materials set forth in the preceding sentence. We may
remove or modify your User Materials at any time. You are solely responsible for all
User Materials made through your user account(s) on the Services or that you otherwise
make available through the Services. For all User Materials, you represent and warrant
that you are the creator and owner of the User Materials, or have the necessary licenses,
rights, consents, and permissions (including all permissions required under applicable
privacy and intellectual property law) to authorize Nakama and other users to access and
use your User Materials as necessary to exercise the licenses granted by you under these
Terms of Use.
8. Intellectual Property.
The Services are owned and operated by Nakama. The user interfaces, design,
information, data, code, products, software, graphics, and all other elements of the
Services (“Nakama’s Materials”) that we provide are protected by intellectual property
and other laws and are the property of Nakama or Nakama’s third-party licensors. Except
as expressly allowed by these Terms of Use, you may not make use of Nakama’s
Materials, and Nakama reserves all rights to the Nakama Materials and Services not
granted expressly in these Terms of Use.
9. Feedback.
If you choose to provide input and suggestions regarding the Services, including related
to any of Nakama’s Materials (“Feedback”), then you hereby grant us an unrestricted,
perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in
any manner and for any purpose, including the improve the Services or create other
products and services.
10. Copyright Infringement Claims.
We respect the intellectual property rights of others and ask that everyone using the
Services do the same. Anyone who believes that their work has been reproduced on the
Services in a way that constitutes copyright infringement may notify our copyright agent
in accordance with Title 17, United States Code, Section 512(c)(2), by providing the
following information:
(i). Identification of the copyrighted work that you claim has been infringed;
(ii). Identification of the material that you claim is infringing and needs to be removed,
including a description of where it is located on the Services so that the copyright agent
can locate it;
(iii). Your address, telephone number, and, if available, e-mail address, so that the
copyright agent may contact you about your complaint; and
(iv). A signed statement that the above information is accurate; that you have a good faith
belief that the identified use of the material is not authorized by the copyright owner, its
agent, or the law; and, under penalty of perjury, that you are the copyright owner or are
authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as indicated in paragraph 19,
Contact Information. If you give notice of copyright infringement by e-mail, we may
begin investigating the alleged copyright infringement; however, we must receive your
signed statement by mail or as an attachment to your e-mail before we are required to
take any action.
11. Account Deactivation
Except as stated in any Product’s Terms, you may deactivate your account at any time by
selecting “deactivate account” in your account settings. You can delete your account and
all of your account data by submitting a request to “delete your data” to
[email protected] If you deactivate or delete your account, you remain obligated to
pay all outstanding fees, if any, incurred prior to termination relating to your use of the
Services. If you violate any provision of these Terms of Use, your permission from
Nakama to use the Services will terminate automatically. In addition, we may, in our sole
discretion, deactivate, suspend, or terminate your access to your account and the Services
at any time for any reason, with or without notice. We may alter, suspend or discontinue
the Services or any portion of the Services without notice. We will not be liable
whatsoever for any change to the Services or any suspension or termination of your
access to, or use of the Services. We reserve the right to change these Terms of Use at
any time in its sole discretion on a going-forward basis. We will make commercially
reasonable efforts to notify you of any material changes to these Terms of Use. Your
continued use of the Services after any updates are effective will represent your
agreement to the revised version of the Terms of Use. Your continued use of the Services
after the effectiveness of such changes will constitute acceptance of, and agreement to,
any such changes. You further waive any right you may have to receive specific notice of
such changes to these Terms of Use. You are responsible for regularly reviewing these
Terms of Use.
12. Privacy Policy
Nakama will collect, use, store, and disclose personal information in accordance with our
Privacy Policy.
When you use our services, we collect a variety of information from and about you and
your devices. Some of this information identifies you directly (like an email address)
while some of it is associated with you through your account, profile, or device (like the
homes you choose to save or your location data). Like other websites and apps, we
collect data about the browsers and devices you use to access our Services. The data we
collect includes browser or device model and settings, operating system, unique
identifiers, and location. We also collect data about how your browsers and devices
interact with our services, including IP address, crash reports, system activity, and the
date, time, and the URL of the site you visited before Nakama.
You can control our collection of certain data, such as your mobile device model or the
language your mobile device uses, by adjusting the privacy and security settings on your
device.
13. Indemnification
You agree to indemnify, defend, and hold harmless Nakama, its affiliates, and its
respective directors, officers, employees, and agents from any and all claims and
demands made by any third party due to or arising out of: (a) your access to or use of the
Services; (b) your breach of these Terms of Use; (c) your violation of any law or the
rights of a third party; (d) any dispute or issue between you and any third party; (e) any
User Materials you upload to, or otherwise make available through, the Services; (f) your
willful misconduct; and (g) any other party’s access to or use of the Services using your
account and password. Nakama reserve the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you,
and in that case, you agree to corporate with Nakama’ defense of that claim.
In any action against Nakama, these Terms of Use shall govern. In no event shall
damages exceed $100, or the amount the user paid to Nakama in fees, whichever is less.
14. No Warranties
NAKAMA PROVIDE THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS
AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NAKAMA AND ITS SUPPLIERS
MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. NAKAMA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED,
INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO
ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES
OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF
TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR
ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY
MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY
WARRANTY REGARDING ANY NAKAMA ENTITY OR THE SERVICES THAT IS
NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL
RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR
ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND
ANY MATERIALS, INCLUDING ALL USER AND NAKAMA’S MATERIALS,
AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND
ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION
AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE
DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE
DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY
PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Limitation of Liability/ Exclusive Remedy.
IN NO EVENT WILL NAKAMA OR ANY OF ITS AFFILIATES BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR
ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR
RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR
INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE
SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH
OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION,
EVEN IF NAKAMA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NAKAMA ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR
OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED
AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE
SERVICES; OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY
OF NAKAMA AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS
ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY
PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE,
WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE
GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO NAKAMA FOR THE
SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES
GIVING RISE TO THE CLAIMS; OR (2) $100. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT
PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE
PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY
LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
16. Choice of Law.
These Terms of Use are governed by the laws of the State of Florida, without giving
effect to its conflict of laws’ provisions. You agree to submit to the personal and
exclusive jurisdiction and venue in the state and federal courts sitting in Miami-Dade
County, Florida for any and all disputes, claims and actions arising from or in connection
with the Services or otherwise under these Terms of Use. Nakama operates the Services
from its offices in Florida, and we make no representation that the Services are
appropriate or available for use in other locations.
17. General.
If any part of these Terms of Use is determined to be invalid or unenforceable, then the
invalid or unenforceable provision will be replaced with a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of these
Terms of Use will continue in effect. The section titles in these Terms of Use are solely
used for the convenience of the parties and have no legal or contractual significance. We
may assign this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if
any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise
waive breach, by you or others does not waive its right to act with respect to subsequent
or similar breaches. Except as expressly stated herein, these Terms of Use, and all
expressly incorporated terms and agreements, constitute the entire agreement between
you and Nakama with respect to the Services and supersede all prior or contemporaneous
communications of any kind between you and Nakama with respect to the Services. The
following sections of these Terms of Use shall survive any termination of these Terms of
Use.
18. Consent to Communications.
By using the Services, you consent to receiving certain electronic communications from
us as further described in the Privacy Policy. Please read the Privacy Policy to learn
more. You agree that any notices, agreements, disclosures, surveys, or other
communications that we send to you electronically will satisfy any legal communication
requirements, including that those communications be in writing.
19. Contact Information and Licensure.
The Services are offered by Nakama and its affiliates, located at 60 N.E. 14th Street,
Miami, Florida 33132, 305-200-7529, [email protected]
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