Platform Terms of Use

The following terms and conditions govern all use of the NashLoad.com website and all content, services, and products available through it, including NBulker (a desktop bulk lister for Nash Operating System) and PTP Analytics (a desktop app for ProtoPenny). The Website is owned and operated by NashWorks Productions Inc. By accessing or using any part of the website, you agree to be bound by these terms.

1. Your NashLoad.com Account

If you create an auction site on the Website, you are responsible for maintaining the security of your auction site and for all activities that occur on it. You must not describe or assign keywords to your auction site in a misleading or unlawful manner. You must immediately notify NashLoad of any unauthorized uses of your auction site or any other breaches of security.

2. Responsibility of Contributors

If you operate an auction site or post material to the Website, you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights of any third party;
  • You have fully complied with any third-party licences relating to the Content;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful content;
  • The Content is not spam, is not machine-generated, and does not contain unethical commercial content designed to mislead recipients;
  • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • Your auction site is not advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other websites and blogs.

3. Payment and Renewal

Optional paid services (such as NBulker and PTP Analytics) are available as monthly or annual subscription Upgrades. Payments are charged on a pre-pay basis on the day you sign up. Upgrade fees are not refundable.

Unless you notify NashLoad before the end of the applicable subscription period that you want to cancel, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable subscription fee. Upgrades can be cancelled at any time by emailing us directly (providing login details, admin panel access, and initial subscription date) or through the payment gateway mechanism.

4. Responsibility of Website Visitors

NashLoad has not reviewed all material posted to the Website and cannot be responsible for that material's content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NashLoad disclaims any responsibility for any harm resulting from your use of the Website.

5. Content Posted on Other Websites

NashLoad has not reviewed all material available through websites and webpages to which NashLoad.com links. NashLoad does not represent or imply that it endorses such websites. You are responsible for taking precautions necessary to protect yourself from harmful content on non-NashLoad websites.

6. Copyright Infringement and DMCA Policy

NashLoad respects the intellectual property rights of others. If you believe that material located on or linked to by NashLoad.com violates your copyright, you are encouraged to notify NashLoad in accordance with NashLoad's DMCA Policy. NashLoad will terminate a visitor's access to the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer.

7. Intellectual Property

This Agreement does not transfer from NashLoad to you any NashLoad or third party intellectual property, and all right, title and interest in and to such property will remain solely with NashLoad. Your use of the Website grants you no right or licence to reproduce or otherwise use any NashLoad or third-party trademarks.

8. Advertisements

NashLoad reserves the right to display advertisements on your auction site unless you have purchased the Nash Operating System and/or ProtoPenny licences and run your site apart from NashLoad.com.

9. Attribution

NashLoad reserves the right to display attribution links such as "NashLoad.com — Create your new shop, marketplace, or auctions" in your auction site footer or admin panel. NashLoad's credits may not be removed from your auction site footer and admin panel. If you require removing NashLoad's credits, you must purchase Nash Operating System and/or ProtoPenny software separately and run it apart from NashLoad.com.

10. Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge that use of the domain name is also subject to the policies of ICANN, including their Registration Rights and Responsibilities.

11. Changes

NashLoad reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

12. Termination

NashLoad may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Your NashLoad.com auction site may be terminated when you breach monetary agreements and fail to cure such breach within three (3) days from NashLoad's notice. All provisions that by their nature should survive termination shall do so, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties

The Website is provided "as is". NashLoad and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NashLoad nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted.

14. Limitation of Liability

In no event will NashLoad, or its suppliers or licensors, be liable with respect to any subject matter of this agreement for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to NashLoad during the one (1) month period prior to the cause of action.

15–17. General Representation, Indemnification & Miscellaneous

You represent and warrant that your use of the Website will be in strict accordance with the NashLoad Privacy Policy, this Agreement, and all applicable laws and regulations, and will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless NashLoad, its contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses arising out of your use of the Website, including your violation of this Agreement.

This Agreement constitutes the entire agreement between NashLoad and you. This Agreement shall be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes is the state and federal courts located in Los Angeles County, California.