NiftyPay and K-Factor Technologies Inc maintains this site (the "Site") for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without NiftyPay's and iTransact's written permission.
Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and NiftyPay and K-Factor Technologies Inc Corporation are superseded and of no force or effect.
Terms and Conditions
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of NiftyPay and K-Factor Technologies Inc. NiftyPay and K-Factor Technologies Inc neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with NiftyPay and K-Factor Technologies Inc.
2. While NiftyPay and K-Factor Technologies Inc uses reasonable efforts to include accurate and up-to-date information on the Site, NiftyPay and K-Factor Technologies Inc makes no warranties or representations as to its accuracy. NiftyPay and K-Factor Technologies Inc assumes no liability or responsibility for any errors or omissions in the content on the Site.
3. Your use and browsing of the Site is at your own risk. Neither NiftyPay and K-Factor Technologies Inc nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. NiftyPay and K-Factor Technologies Inc also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by NiftyPay and K-Factor Technologies Inc, and/or iTransact or its affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, NiftyPay and K-Factor Technologies Inc is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, NiftyPay and K-Factor Technologies Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes.
6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of NiftyPay and K-Factor Technologies Inc and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NiftyPay and K-Factor Technologies Inc or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that NiftyPay and K-Factor Technologies Inc and/or iTansact will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. NiftyPay and K-Factor Technologies Inc has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although NiftyPay and K-Factor Technologies Inc may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, NiftyPay and K-Factor Technologies Inc is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. NiftyPay and K-Factor Technologies Inc will fully cooperate with any law enforcement authorities or court order requesting or directing NiftyPay and K-Factor Technologies Inc to disclose the identity of anyone posting any such information or materials.
9. NiftyPay and K-Factor Technologies Inc may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
"Spamming," or the untargeted mass-mailing of unsolicited commercial email, is not tolerated by NiftyPay and K-Factor Technologies Inc. Spam consumes valuable system resources and imposes personal and financial burdens upon unwilling recipients. Even in the best circumstances, spam affords marginal benefit to a few individuals at tremendous cost to the general community.
Item 6 of NiftyPay's Authorized Service Agreement reads:
Company shall not be involved in Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff.
Should a violation occur, NiftyPay and K-Factor Technologies Inc and/or iTransact reserves the right to terminate the account without notice and without any refunds. The policy violating company will be held responsible for any damages to NiftyPay's system, servers, connectivity, reputation, business, service, network, operations, or equipment.
Item 12 of NiftyPay's Independent Reseller Agreement reads:
Unsolicited Email. The transmission of unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings with any reference to NiftyPay and K-Factor Technologies Inc nd/or iTransact or any of their respective services is forbidden. The use of and/or reference to NiftyPay and K-Factor Technologies Inc nd/or iTransact or any of their respective services in unsolicited email mailings or postings (commonly known as "spam") will cause this agreement to be terminated immediately without notice.
If you receive an unsolicited email message that references NiftyPay and K-Factor Technologies Inc in the text of the email, please forward the message, including its headers, to our abuse depeartment (please email us from the Contact Us page). We will investigate immediately and take appropriate action.