2. Your Content
You maintain ownership of and responsibility for the following while using the Service: (1) your files, designs, models, data sets, images, documents, scripts, codes or similar material or information submitted or transmitted to, or stored or otherwise used in connection with the Service by you, and (2) your specific output generated by NowGenIT’s service, if any, based on any of the foregoing (collectively, “Content”). By creating, submitting or transmitting to, posting or otherwise making your Content available to NowGenIT and/or others, you acknowledge and agree that (1) you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Content, (2) you will evaluate and bear all risks associated with your Content, and (3) under no circumstances will NowGenIT and/or its affiliates, agents and licensors and each of their respective officers, directors, and employees be liable in any way for your Content as you transmit or otherwise use it, including but not limited to any errors or omissions.
Availability and Security: While NowGenIT will use commercially reasonable efforts to provide you with continuous access to its service, NowGenIT does not guarantee that your Content will be available or useable by you following the termination of your subscription or otherwise. Moreover, NowGenIT does not guarantee the security of your Content. You are encouraged to practice effective and secure content retention practices.
Permissions: NowGenIT’s Service enables you to specify the level at which access to and usability of your Content is permitted to other users. You are solely responsible for establishing the appropriate level of permissions to your Content.
NowGenIt Access: NowGenIT personnel will not access Content that you have not made publicly accessible except (1) as part of providing, maintaining, securing or modifying the Service for you and/or other users, (2) via automated tools intended to address or prevent a service, support or technical issue, (3) at your request or with your consent given to NowGenIT’s technical support team and/or other personnel as part of addressing or preventing a service, support or technical issue, (4) in connection with legal obligations or proceedings as described below, or (5) as otherwise described in NowGenIT’s Privacy Policy.
Confidentiality: NowGenIT will consider your Content to constitute privately accessable information, with the exception of any such Content that (1) is or becomes generally known to the public without NowGenIT’s breach of this Agreement, (2) was known to NowGenIT prior to its disclosure by you without breach of any obligation owed to you, (3) is received from a third party without breach of any obligation owed to you, or (4) was independently developed by NowGenIT (“Private Information”). In hosting and otherwise using Private Information, NowGenIT will use the same degree of care that it uses to protect the privacy of its own private information of like kind (but in no event less than reasonable care) and agrees (1) not to use any Private Information for any purpose outside the scope of this Agreement and the Privacy Policy, and (2) except as you otherwise permit in writing, to limit access to your Private Information to those of NowGenIT’s and NowGenIT’s affiliates’ employees, contractors, service providers and agents who need such access for purposes consistent with this Agreement, and who are subject to confidentiality obligations with NowGenIT containing protections no less stringent than those herein.
Legal Disclosure: NowGenIT may disclose Private Information if it is compelled by law to do so, provided that we give you prior notice of such compelled disclosure (to the extent legally permitted). You agree and acknowledge that NowGenIT may access and disclose your Content to comply with any legal obligations or governmental or regulatory body request (including subpoenas or court orders), as part of a legal proceeding involving NowGenIT and/or its affiliates, agents, licensors and each of their respective officers, directors and employees, or at your request. If disclosure is made at your request, you may be responsible for the cost of compiling and providing access to such Content.
Intellectual Property
In your use of NowGenIT’s Service, you agree to respect others’ intellectual property and other rights. In particular, you will not upload, submit or otherwise transmit any Content that:
Infringes any patent, trademark, trade secret, copyright or other proprietary right of any person or entity; or
You do not have a right to transmit under any other law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or other nondisclosure agreements).
Feedback: If you choose to provide NowGenIT with ideas, suggestions, improvements, documents, proposals and/or other feedback with respect to NowGenIT’s Software, Service or Documentation (as defined below) (including but not limited to problems and errors encountered in using the Service, and ideas for enhancements of the Service), we shall be free to use such materials in any manner and for any purpose (including, without limitation, incorporation in NowGenIT’s products, services and advertising and marketing materials, and developing and marketing products and services) without liability or compensation to you or restriction of any kind. You hereby assign to NowGenIT all right, title, and interest to all such information provided to NowGenIT, and all enhancements resulting from such information, and all property rights therein including, without limitation, all patent, copyright, trade secret, trademark, moral right or other intellectual property rights.