TERMS & CONDITIONS OF PRE‑REGISTRATION AND SERVICES
Pre‑registration for Nomplex seats is available until all or most seats are sold out before the full launch of the Nomplex service. This pre‑registration period may be extended or terminated early, at the sole discretion of Nomplex. The date of the full launch as well as any change will be posted on this website and on Twitter at our handle @realnomplex.
These terms and conditions (“Terms & Conditions” or “Agreement”) set forth the terms and conditions for the pre‑registration and corresponding matters, as well as your interactions as a customer or a visitor, with Nomplex. The words “Nomplex”, “owner”, or “operator” mean the natural person who is the exclusive owner of this website and service. The words “nomplex.com” as well as all of its subdomains, “website”, “site”, “we”, “us”, “our”, and “ours” mean and refer to this website and the owner of this website that is accessible on the Internet at nomplex.com. The words “you”, “your”, “yours”, “subscriber”, or “customer” mean you the natural person who interacts with this website either as a visitor or as a paying customer, and whether you are acting on your own behalf or on behalf of a company or entity. The words “reservation” and “registration” (and their derivatives) are interchangeable, and have the same meaning. Your use of the site constitutes your understanding of, and agreement of adhering to, this Terms & Conditions.
PURPOSE OF THIS WEBSITE
Nomplex.com provides a means for individuals and companies to have their imagery representation as well as some textual information displayed in a unique manner on the Nomplex (which serves as an online platform in the form of a matrix, and which has the capability to display a number of such individuals' and companies' representation at the same time). The aim of this unique display is to faciliate the viewability of such information worldwide, and enhance the potential for increased awareness of those names or companies by people in the field of expertise as well as the general population.
During the pre‑registration period, you have the opportunity to reserve your seat at a favorable price (which price may or may not be available in the future). The website at nomplex.com will go live approximately six (6) weeks after the pre‑registration period ends. This date will be announced on this website and at our Twitter handle at https://twitter.com/realnomplex/, after the pre‑registration ends.
Additional terms, specific to the pre‑reservation are listed on the Order Form (or reservation) page at https://nomplex.com/checkout/.
TIME PERIODS FOR REGISTERED SEATS
Each seat on the Nomplex may be registered for three‑, six‑, or nine‑month (3‑, 6‑, or 9‑month) time periods. Each customer is allowed to register for a maximum of a 9‑month duration at any one time in order to ensure seat availability to a wide range of users.
REGISTERING FOR SEATS
The pre‑registration period will last until the designated date or until an extended date if Nomplex finds it necessary or favorable to extend the pre‑registration period in good faith. All future reservations will begin at the time when nomplex.com goes live on the Internet with full service. All reservations (including pre‑reservations and regular future reservations) take place exclusively on nomplex.com.
To reserve a seat, you must provide the URL (web address) of your own website or a page on the Internet that showcases your portfolio or several pieces of your art exclusively under your name, and can be viewed without having to sift through pieces of art by other artists. The website or page must also include your contact information that visitors may use to contact you directly. Nomplex does not coordinate communication between artists and website visitors.
By registering a seat, you authorize, but not obligate, Nomplex to post on their social media accounts any of the images, videos, or other media of your art that you provide for the purpose of occupying your seat on the Nomplex. Any such images, videos, or media of your art that Nomplex posts on its social media accounts will be accompanied by full credit to you.
DELIVERING SERVICES TO REGISTERED CUSTOMERS
Each pre‑registered customer will receive an email after the pre‑registration ends and before nomplex.com goes live with full service (to the email address they provide on the Order Form), with instructions on how to upload the images they wish their seat to display, and how to provide their keywords and any other necessary information. That email may also include other essential information that must be followed in order for us to fulfill the reservation. Therefore, each customer is responsible for checking their email, and for following all instructions in a timely manner.
From the time of a successful payment for a reservation, you have 72 hours to request a refund if you wish to change your mind. You may do so by filling out the form on the conatct page of this website. We encourage you, however, to contact us with any questions before you request a refund, so that we can discuss any details, and clarify any information, which may provide a perspective to you that you will find beneficial.
PERMITTED INDIVIDUALS, INFORMATION; AND FORBIDDEN ACTIVITIES
You are expressly prohibited from accessing or attempting to access this website for any purpose of, or to engage in—or to allow, enable, encourage, authorize, instruct, assist, suggest, or otherwise directly or indirectly influence others to engage in—any activity that may create harm to this website, its owner, customers, visitors, or any other person or entity.
INTELLECTUAL PROPERTY RIGHTS
Nomplex is the owner of all rights of all content on this site, including but not limited to copyright, authorship rights, and all other intellectual property rights. “Content” means all text, logo, brand identifiers, trade marks, trade names, service marks, images, graphics, creative, artwork, design, appearance and feel of the site, style, source and object code, and all things held by and included in this website. All rights are protected by local, state, federal, national, and international intellectual property laws and regulations and treaties as well as US federal and state laws.
NO LIABILITY FOR CUSTOMER CONTENT OR ACTIONS
Nomplex expressly disclaims any liability for any customer content or actions, including but not limited to: images and text the customer provides and is present on the nomplex.com website; any content or policy of, or activity by, that website(s) to which a customer’s profile on nomplex.com links; any action or inaction by a customer in response to any inquiries by website visitors; any direct or indirect, actual or attempted, intentional or unintentional, tangible or intengible, monetary or otherwise, physical or non‑physical, consequences to the customer or others, as a result of a customer being a customer of Nomplex.
This website is not intended for individuals under the legal age. Some fields of expertise, such as art, may include content (such as nudity) that are not intended for minors. If you are under the legal age, you are prohibited from registering on, and becoming a customer of, this website.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
This site makes no warranties or representations of any kind, regarding the accuracy or suitability of the information contained on the site, for any purpose. All information on the site is provided on an “as‑is” basis, and we expressly disclaim any warranties or conditions, express or implied, including but not limited to conditions of merchantability, usefulness, or fitness for any particular use. We make no warranties or representations of any kind that the site’s operation will be uninterrupted or error‑free; that we will correct any defects or errors in our service or the site; that the servers that host the site and the networks will be free from viruses or other harmful computer code; and that any particular hardware or browser will be compatible with the site for its viewing.
You are solely liable for, and assume, all risks associated with using the site, including but without limitation: (i) Errors or inaccuracies of content; (ii) Spam, Trojan horses, viruses, or any malware, transmitted to or through the site by any third party; (iii) Risk, loss, or damage, associated with the use of the site; (iv) Any damages resulting from your use of the site; (v) Unavailability or interruption of service or any consequential damages; (vi) Personal injury or property damage; (vii) Any acts of God or nature.
Nomplex will not be held liable for failure or delay in the performance of its obligations if such performance is hindered or delayed by the occurance of any unforeseeable act or event that is beyond the reasonable control of Nomplex, called Force Majeur. Acts or events constituting Force Majeur include, but not limited to, act of God, government intervention, directives or policies, epidemics or pandemics, and other occurances.
We will not be liable under any condition or circumstance for any loss or damage, whether the loss or damage may be tangible or intangible, direct or indirect, incidental, special, financial, consequential, or otherwise, even if we have been advised of such, in advance. We will not be liable for any damages claimed by you, or based on any third‑party claim.
Nothing in this agreement operates to exclude, restrict, or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law where to do so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
You agree to indemnify, defend, and hold harmless the site and its owner, its agents, and stakeholders from any and all claims, losses, obligations, liabilities, and expenses (including but not limited to attorneys fees), arising from your use of, or activities in connection with, the site; from your violation of these Terms & Conditions; or from your association in any way to this website or its owner.
Failure by us to enforce any of the terms in this Terms & Conditions does not constitute a waiver of rights to enforce such terms at later times for violations, or to pursue action against any person or entity that breached, or defaulted on, any of the terms of this Terms & Conditions.
If a competent court may find any part of this Agreement illegal or otherwise unenforceable, all other parts will remain legal and in full force and effect.
You may not assign or transfer any of your rights or obligations under this Agreement. However, the site or its owner may assign or transfer any or all of its rights and obligations to another party at any time, at its sole discretion, and without notice.
The terms of this Agreement are governed in accordance of the laws of Norfolk County in the Commomwealth of Massachusetts, United States of America. Any legal action against the site or its owner may be brought only in the courts of this jurisdiction. Notwithstanding the foregoing, nothing in this Agreement will prevent the site or its owner from applying to any court to bring action for infringement of its property, including intellectual property, or for other violation against any person or entity.
FULL AGREEMENT, MODIFICATIONS, AND AMENDMENTS
This Agreement is the entire agreement between you and us, and supersedes all prior written or oral agreements or understanding between you and us.
The terms of this Agreement may be modified only by the site or its owner, at any time, without notice, and in its sole discretion. The date of last update is posted in this Terms & Conditions, and the updated Terms & Conditions takes effect on that date.
Last updated on October 3, 2020.