Effective: October 2014
HIDDEN Window TERMS OF
USE
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REGISTRATION,
PASSWORD AND SECURITY
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TRADEMARKS AND
SERVICE MARKS
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GENERAL PRACTICE
REGARDING USE AND STORAGE
Welcome to the "Hidden
Window" App ("App") operated by NICKEL MEDIA Inc. ("NICKEL
MEDIA", "we", "our" and "us"). The term
"you" or "your" includes any of your subsidiaries, affiliates,
employees and parent or legal guardian.
This App permits
users to submit messages, pictures, and videos to create user experiences for
people. This includes videos, photographs, messages, pictures, or other social
content.
This App may allow users to submit or
post Content that may be used in NICKEL MEDIA'S advertising. By submitting any Content, a user
agrees that he/she is eligible to submit Content and understands and agrees to
be bound by these Terms of Use.
This App also permits users to share on
third-party platforms and to comment on the App materials and Content. A
user is responsible for complying with third-party platforms terms if posting
to third-party platforms any of the App materials or Content.
PLEASE READ THESE TERMS OF USE
CAREFULLY. By accessing or
using this App in any way you are agreeing to comply with these Terms of Use,
including any documents, policies and guidelines incorporated by reference
(referred to collectively as the "Terms"). Certain services available
through this App and other NICKEL MEDIA Apps (referred to collectively as the
"Apps"), especially services for which you are asked to subscribe or
pay money, may have their own terms and conditions that apply to your purchase
or use of that particular service. These Terms do not alter in any way the
terms or conditions of any of these other written or online terms and
conditions or agreements you may have or will have with NICKEL MEDIA, including
any other website terms of use with an NICKEL MEDIA affiliate. To the extent
that there is any conflict between these Terms and any terms and conditions or
agreements relating to services you have purchased or online tools you use or
to which you subscribe, those other terms and conditions or agreements will
govern.
By using this App, you represent that
you are at least 18 years old (19 in Alabama and Nebraska, 21 in Mississippi
and Puerto Rico). Accordingly, you agree that you are at least 18 years of age
or older (19 in Alabama and Nebraska, 21 in Mississippi and Puerto Rico), and
are fully able and competent to enter into the terms, conditions,
representations and warranties set forth in the Terms; otherwise, please exit
the App.
3.
CHANGES TO THE TERMS OR APP
NICKEL MEDIA may change or modify the
Terms from time-to-time without notice other than posting the amended Terms on
the App. The amended Terms will automatically be effective when posted on our
site. Your continued use of our App after any changes in these Terms shall
constitute your consent to such changes. NICKEL MEDIA reserves the right to
change, modify or discontinue, temporarily or permanently, the App (or any
portion thereof), including any and all content contained on the App, at any
time without notice. You agree that NICKEL MEDIA shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
App (or any portion thereof).
4. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on
our App, you agree to: (a) provide true, accurate, current and complete
information and (b) maintain and promptly update such information to keep it
true, accurate, current and complete. If you provide any information that is,
or we have reasonable grounds to suspect that the information is, untrue,
inaccurate, not current or incomplete, NICKEL MEDIA may without notice suspend
or terminate your access to our App and refuse any and all current or future
use of our App (or any portion thereof).
If any portion of our App requires you
to register or open an account you may also be asked to choose a password and a
user name. Please select a password that would not be obvious to someone trying
to guess your password, and change it regularly as an added precaution. You are
responsible for maintaining the confidentiality of the password and account,
and you are fully responsible for all activities that occur under your password
or account identification. You agree to immediately notify NICKEL MEDIA of any
unauthorized use of your password or account or any other breach of security.
Without limiting any rights which NICKEL MEDIA may otherwise have, NICKEL MEDIA
reserves the right to take any and all action, as it deems necessary or
reasonable, to ensure the security of the App and your account, including
without limitation terminating your account, changing your password, or
requesting additional information to authorize transactions on your account.
Notwithstanding the above, NICKEL MEDIA may rely on the authority of anyone accessing
your account or using your password and in no event and under no circumstances
shall NICKEL MEDIA be held liable to you for any liabilities or damages
resulting from or arising out of (i) any action or
inaction of NICKEL MEDIA under this provision, (ii) any compromise of the
confidentiality of your account or password and (iii) any unauthorized access
to your account or use of your password. You may not use anyone else's account
at any time, without the permission of the account holder.
The security of your personally
identifying information is important to us. While there is no such thing as
"perfect security" on the Internet, we will take reasonable steps to
help ensure the safety of your personally identifying information. However, you
understand and agree that such steps do not guarantee that use of the App is
invulnerable to all security breaches, and that NICKEL MEDIA makes no warranty,
guarantee, or representation that use of any of our App is protected from
viruses, security threats or other vulnerabilities.
Please view our Privacy Policy, which
explains NICKEL MEDIA'S practices relating to the collection and use of your information through or in
connection with our App. NICKEL MEDIA'S use
of your information is governed at all times by our Privacy Policy, which is
incorporated into these Terms. You understand that through your use of the App
you consent to the collection and use of this information (as set forth in the
Privacy Policy).
6.
COPYRIGHT AND AUTHORIZATION
This App and other NICKEL MEDIA Apps
may provide you access to a wide variety of information, shopping,
communications, entertainment, games, advertising and other services, products,
data and materials ("Information"). Some of the Information is owned
by NICKEL MEDIA and/or its affiliates. Other portions are
owned by non-NICKEL MEDIA companies or third parties such as suppliers,
vendors, and licensors (including Content that is generated by users as
further described in Section 9).
Some portions of the App may require
you to download software ("Software") in order that you may access
the App, the services provided through the App and/or the Information. The
Software may be the property of NICKEL MEDIA or a supplier, vendor, or licensor
to NICKEL MEDIA. The Information and Software are protected by a variety of
laws governing the use of copyrights, trademarks, patents, or trade secrets.
Subject to the rules and limitations set forth in the Terms, you are granted a
limited, non-sublicensable right to access the Apps,
the Information and the Software for your personal non-commercial use only,
except as otherwise permitted. Without limiting the generality of the
foregoing, no Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (a) into Cuba, North Korea,
Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo
on such exports, or (b) to a person or entity identified on lists of the U.S.
Treasury Department (e.g., Specially Designated Nationals, Denied Persons or
Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny
Orders), which control such exports. By downloading or using the Software or
underlying information or technology, you agree to the foregoing and represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
NICKEL MEDIA respects the intellectual
property rights of others. If you believe that your work has been copied and
has been posted, stored or transmitted to the Apps in a way that constitutes
copyright infringement, please submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing NICKEL MEDIA'S Copyright Agent
the following written information:
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An electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work
that you claim has been infringed upon;
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A specific description of where the
material that you claim is infringing is located on the Apps;
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Your address, telephone number, and e-mail
address;
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A statement by you that you have a
good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
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A statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
NICKEL MEDIA'S Copyright Agent for notice of claims of copyright
infringement on the Apps can be reached as follows:
Manager
of Security & Copyright Infringement 1567 Arygle
St. Halifax, Nova Scotia, Canada Phone: (902) 406-1555 E-mail: jason@jnickel.com
Please note that under Section 512(f)
of the Copyright Act, any person who knowingly materially misrepresents that
material or activity was removed or disabled by mistake or misidentification
may be subject to liability. Please also be advised that NICKEL MEDIA enforce a
policy that provides for the termination in appropriate circumstances of
subscribers who are repeat infringers. Accordingly, if you are not sure whether
certain material infringes the copyrights of others, you should consult an
appropriate professional for specific advice tailored to your particular
situation.
8.
TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited
to Hidden Window) that are used or displayed on the Apps are owned by NICKEL
MEDIA Intellectual Property or by third parties other than NICKEL MEDIA that
offer and provide products and services on or through the Apps. The trademarks
of NICKEL MEDIA Intellectual Property may not be copied or used, in whole,
partial or modified form, without the prior written permission of NICKEL MEDIA
Intellectual Property or, if applicable, its licensor. In addition, NICKEL
MEDIA custom graphics, logos, button icons, scripts, and page headers are
covered by trademark, trade dress, copyright or other proprietary right law,
and may not be copied, imitated, or used, in whole, partial or modified form,
without the prior written permission of NICKEL MEDIA Intellectual Property.
Other trademarks, service marks, registered trademarks, product and service
names, and company names or logos that appear on the Apps are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by NICKEL MEDIA. You may not use any metatags
or any other "hidden text" utilizing an NICKEL MEDIA name, trademark,
or product name without NICKEL MEDIA'S express written consent.. Other trademarks and
trade names are those of their respective owners.
This App allow users to post Content
that may be used in the NICKEL MEDIA advertising without compensation unless
required by applicable law or other requirements. With respect to your
name and likeness, profile picture, and any message, data, image, text, photos,
graphics, audio, video or other material you elect to post to this App, while
you retain any and all of your lawfully owned rights in such Content, you
acknowledge that you own completely and have full rights to license for NICKEL MEDIA'S use, and you
grant NICKEL MEDIA a royalty-free, perpetual, irrevocable, non-exclusive and
fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content which you provide (in whole or
part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed and to exercise the same rights with
respect to such works. You also permit any user of our Apps to access, display,
view, store, distribute, perform, reproduce and prepare derivative works of,
such Content that you have placed in publicly accessible areas of our
Apps. You agree that no advertisement or other material need be submitted
to you for approval and the licensed parties shall be without liability to you
for any distortion or illusionary effect resulting from the publication of your
name, likeness, or submitted content. You warrant and represent that any
content that you submit fully complies with these Terms of Use, including that
the content does not infringe on any third party's copyright, trademark, privacy, publicity, or other
intellectual property rights.
No compensation will be paid to you or
to any other person or entity with respect to the posting or use of your
Content unless required by applicable law or other requirements. Any such
compensation will be at the minimum so required. You agree that NICKEL
MEDIA is not under any obligation of confidentiality, express or implied, with
respect to your Content. You represent and warrant that you own or otherwise
control all necessary rights to the Content that you post, that such Content is
accurate, that use of the Content you supply does not violate these Terms,
specifically including without limitation the requirements of Section 11
(Acceptable Use), and will not cause injury to any person or entity, and that
you will indemnify NICKEL MEDIA for all claims resulting from the Content you
supply.
NICKEL MEDIA does not generally
pre-screen or control Content posted by users of our Apps, and, therefore, does
not guarantee the accuracy, integrity or quality of such Content. NICKEL MEDIA
shall have the right (but not the obligation) in its sole discretion to
monitor, refuse or remove any Content that is available via our Apps for any or
no reason, including that any Content violates these Terms or is otherwise
objectionable. We take no responsibility and assume no liability for any
Content uploaded, transmitted, or downloaded by you or any third party, or for
any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography, or profanity you may encounter. As the provider of the Apps, we
are only a forum and are not liable for any statements, representations, or
Content provided by App users. Any opinions, advice or recommendations
expressed therein are those of the users providing such Content and not those
of NICKEL MEDIA. We do not endorse any Content or any opinion, recommendation
or advice expressed therein. It is not our intent to discourage you from taking
controversial positions or expressing vigorously what may be unpopular views;
however, we reserve the right to take such action as
we deem appropriate in cases where the App is used to disseminate statements
that are harmful or inflammatory.
10.
SUBMISSIONS TO HIDDEN WINDOW
You agree not to propose, post or
submit to NICKEL MEDIA ideas, concepts, copy, proposals, inventions, methods or
techniques for new or proposed services or products (collectively referred to
as "Submitted Material ") through the App. In the event you do so,
you hereby grant to NICKEL MEDIA a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use all such Submitted
Material in any manner whatsoever without compensation or attribution to you
unless required by applicable law or other requirements. You also grant to
NICKEL MEDIA the right, at its sole discretion, to use your name in connection
with the Submitted Materials and other information as well as in connection
with all advertising, marketing and promotional material related to such
material and information. Use of such Submitted Material shall not require
permission from or payment to you or to any other person or entity. You agree
that NICKEL MEDIA is not under any obligation of confidentiality, express or
implied, with respect to the Submitted Material. You agree that you shall have
no recourse against NICKEL MEDIA for any alleged or actual infringement or
misappropriation of any proprietary right in Submitted Material and that the
submission of any Submitted Material to NICKEL MEDIA, including the posting of
materials to any forum or interactive area on the Apps, irrevocably waives any
and all "moral rights" in such materials. You represent and warrant
that you own or otherwise control all of the rights to the Submitted Material
that you post, that the Submitted Material is accurate and, that use of the
Submitted Material you supply does not violate these Terms and will not cause
injury to any person or entity.
You agree to use our App and the
Information (whether provided by us or others), as well as any Software
provided in connection with the App, in a manner consistent with all applicable
laws and regulations. Additionally, you will not take any of the following
actions with respect to our App, related Software, or Information, nor will you
use our App or related Software to upload, post, email, distribute, transmit,
link, solicit or otherwise make available any Information or use our App in any
manner that:
1.
is unlawful, harmful to minors,
threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously
violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's
privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2.
infringes someone else's patent, trademark,
trade secret, copyright, privacy rights, right of publicity, or other
intellectual property or other rights;
3.
removes any proprietary notices or labels on
the Content;
4.
advocates or solicits violence, criminal conduct
or the violation of any local, state, national or international law or the
rights of any third party;
5.
is deceptive in any way, such as an offer
to sell fraudulent goods or contains an impersonation of any person or entity
or misrepresents an affiliation with a person or entity;
6.
specifically advertises firearms or ammunition,
tobacco, alcohol, illegal drugs, or other contraband;
7.
constitutes unsolicited or unauthorized
advertising, junk or bulk e-mail (SPAM), chain letters, or any other
unsolicited commercial or non-commercial communication;
8.
interferes with others using the Apps;
9.
is off-topic according to the description
of the group, forum or webpage;
10. contains software viruses, worms, time bombs,
corrupted files, Trojan horses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, overburden, impair or limit
the functioning of any software, hardware, network, server or communications
systems or equipment;
11. contains a charity request, petitions for
signatures, chain letters or letters relating to a pyramid scheme;
12. disrupts, interferes or inhibits any other user
from enjoying the Apps or other affiliated or linked websites, material,
contents, products and/or services.
13. uses any robot, spider, or other such
programmatic or automatic device, inducing but not limited to automated dial-in
or inquiry devices, to obtain information from the App or otherwise monitor or
copy any portion of the App, products and/or services;
14. creates a false identity for the purpose of
misleading others;
15. prepares, compiles, uses, downloads or
otherwise copies any user information and/or usage information for any portion
thereof, or transmit, provide or otherwise distribute (whether or not for a
fee) such information to any third party;
16. uses any NICKEL MEDIA domain name as a
pseudonymous return email address;
17. contains any offer for unsolicited goods or
services or any advertising or promotional materials, except in those areas
specifically designated for such purpose (e.g., classified bulletin board);
18. provides material support or resources (or
conceals or disguises the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
19. attempts to disable, bypass, modify, defeat or
otherwise circumvent any of the digital rights management or other security
related tools incorporated into the software or any Content or the Apps;
20. reproduces, duplicates, copies, sells, trades, resells
or exploits for any commercial purposes, any portion of the Apps or Content,
use of the Apps, or access to the Apps;
21. publishes, publicly performs or displays, or
distributes to any third party any Content, including reproduction on any
computer network or broadcast or publications media;
22. systematically collects and uses any Content
including the use of any data mining, or similar data gathering and extraction
methods;
23. makes derivative uses of the Apps or the
Content;
24. uses, frames, or utilizes framing
techniques to enclose any portion of the Apps (including the images found at
the Apps or any text or the layout/design of any page or form contained on a
page); and/or
25. modifies, translates, decompiles, disassembles,
uses reverse engineering or otherwise attempts to derive the source code for
the computer systems and other technology that operate our App. For purposes of
these Terms, "reverse engineering" shall include the examination or
analysis of the App to determine the source code, structure, organization,
internal design, algorithms or encryption devices of our App's underlying
technology.
Unless you are participating in an area
of the App that requires or encourages anonymity, we encourage you to use your
real name.
Violating the security of our App is
prohibited and may result in criminal and civil liability. NICKEL MEDIA may
investigate incidents involving such violations and may involve and will
cooperate with law enforcement if a criminal violation is suspected. Examples
of security violations include, without limitation, unauthorized access to or
use of data or systems including any attempt to probe, scan, or test the
vulnerability of the App or to breach security or authentication measures,
unauthorized monitoring of data or traffic, interference with service to any
user, host, or network including, without limitation, mail bombing, news
bombing, other flooding techniques, deliberate attempts to overload a system,
forging any TCP-IP packet header, e-mail header, or any part of a message
header, except for the authorized use of aliases or anonymous remailers, and
using manual or electronic means to avoid any use limitations.
Unless expressly and specifically
stated otherwise in the App, NICKEL MEDIA provides this App for use only by
persons located within the Canada and the United States. Certain subsidiaries
or affiliates of NICKEL MEDIA only provide certain regulated telecommunications
and other services in certain portions of Canada and the United States. NICKEL
MEDIA makes no representation that all products, services and/or material
described on the App are appropriate or available for use in locations outside
Canada and the United States or all territories within Canada and the United
States. Those who choose to access our App from other locations do so on their
own initiative and are responsible for compliance with local laws. Certain
companies affiliated with NICKEL MEDIA provide services and operate websites in
various other countries throughout the world, some of which websites may be
linked to from our App. Any such International websites will be governed by
their own terms of use and privacy policies and not by these Terms.
14.
GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that NICKEL MEDIA may
establish general practices and limits concerning use of the App, including
without limitation the maximum number of days that email messages, message
board postings or other uploaded Content will be retained by the App, the
maximum number of email messages that may be sent from or received by an
account in the App, the maximum size of any email message that may be sent from
or received by an account on the App, the maximum disk space that will be
allotted on NICKEL MEDIA'S servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access the App in a given period of time. Your use of this App
constitutes your consent to allow NICKEL MEDIA to store electronic
communications on its servers. You agree that NICKEL MEDIA has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other content maintained or transmitted by the App.
You acknowledge that NICKEL MEDIA reserves the right to terminate accounts that
are inactive for an extended period of time. You further acknowledge that
NICKEL MEDIA reserves the right to modify these general practices and limits
from time to time.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
1.
YOUR USE OF OUR APP,
INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE APPS, ANY APP-RELATED
SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT
YOUR SOLE RISK. OUR APP, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION
CONTAINED WITH THE APPS AND ANY APP-RELATED SERVICE, IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. NICKEL MEDIA AND ITS CO-BRANDERS,
SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS,
AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY
TO YOU.
2.
NICKEL MEDIA AND ITS
CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR
RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY
THAT (i) OUR APP WILL MEET YOUR REQUIREMENTS, (ii)
MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE APP ARE FREE OF
INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR APP WILL BE UNINTERRUPTED,
TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS
STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF OUR APP WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF
ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH OUR APP WILL MEET YOUR EXPECTATIONS, AND (vi) ANY
ERRORS IN OUR APP OR SOFTWARE WILL BE CORRECTED.
3.
ANY MATERIAL DOWNLOADED,
UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR APP OR SOFTWARE IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR APP OR OUR
SOFTWARE.
4.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NICKEL MEDIA OR THROUGH OR FROM
OUR APP SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF
OUR APP SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
NICKEL MEDIA reserves the right but
does not assume the obligation to strictly enforce these Terms, including
without limitation by issuing warnings, suspension, or termination of access to
the Apps and/or services, and/or by removing, screening, or editing of Content,
or by engaging in self-help and active investigation, litigation and prosecution
in any court or other appropriate venue.
NICKEL MEDIA may access, use, and
disclose transaction information and any Content provided by you to comply with
the law (e.g., a lawful subpoena) or based on NICKEL MEDIA'S reasonable judgment that disclosure is necessary,
or to enforce or apply our agreements (including these Terms), to initiate,
render, bill, and collect for services, to protect our rights or property, or
to protect users of NICKEL MEDIA'S services,
the App and other persons or entities from fraudulent, abusive, or unlawful use
of the App or any such services. INDIRECT, ATTEMPTED OR
ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD-
PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY
YOU.
IN NO EVENT SHALL NICKEL MEDIA, ITS
EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS,
AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE APPS OR THE CONTENT,
MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE
APPS, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE APPS OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION,
PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE APPS, (iii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR APP; (iv) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON OUR APP; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM
AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL
DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR
DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM,
NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE
CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR APP, EVEN IF NICKEL MEDIA OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR APP-RELATED
SERVICES IS TO STOP USING THE APP AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NICKEL MEDIA
UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED
SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold
harmless NICKEL MEDIA and its underlying content and service providers,
licensors and suppliers, and each of their respective subsidiaries, affiliates,
officers, agents, and employees, from and against all claims, actions, losses,
expenses, damages and costs, including reasonable attorneys' fees, made by any
third-party due to or arising out of Submitted Material or any other content
you submit, post or upload to or transmit through our App, your use of our App,
your connection to our App, your violation of these Terms, or your violation of
any law or the rights of another. These obligations will survive any
termination of your relationship with NICKEL MEDIA or your use of our App.
NICKEL MEDIA reserves the right to assume the defense and control of any matter
subject to indemnification by you, in which event you will cooperate with
NICKEL MEDIA in asserting any available defenses.
You agree that NICKEL MEDIA may
immediately terminate or suspend your account, any associated email address,
and access to all or any part of the Apps or change your password without
notice. Cause for such termination, suspension or change shall include, but not
be limited to, (a) breaches or violations of these Terms or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Apps (or any part thereof,) (e)
unexpected technical or security issues or problems, (f) extended periods of
inactivity, and/or (g) engagement by you in fraudulent or illegal activities.
Termination of your account includes (or, if NICKEL MEDIA elects instead to
suspend your account, may include any one or more of the following) (a) removal
of access to all offerings within the Apps, (b) deletion of your password and
all related information, files and other content associated with or inside your
account (or any part thereof) and (c) barring of further use of the Apps. You
agree that all terminations and suspensions for cause shall be made in NICKEL MEDIA'S sole discretion
and that NICKEL MEDIA shall not be liable to you or any third party for any
termination or suspension of your account, loss of storage, any associated
email address, or access to the Apps. Further, NICKEL MEDIA reserves the right,
to immediately terminate or suspend your account, any associated email address,
and access to the Apps at any time for any reason and without notice to you in
its sole discretion.
NICKEL MEDIA'S failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from the Terms and shall not affect the validity and enforceability of any
remaining provisions. These Terms shall be governed and construed in accordance
with the laws of the State of Texas applicable to agreements made and to be
performed in Texas. You agree that any legal action or proceeding between
NICKEL MEDIA and you for any purpose concerning these Terms or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Texas. Neither the course of conduct
and/or course of dealing between the parties nor trade
practice shall act to modify any provision of this Agreement. NICKEL MEDIA may
assign its rights and duties under this Agreement to any party at any time
without notice to you. Your rights and duties under these Terms are not
assignable by you without written consent of NICKEL MEDIA. These Terms do not
provide any third party with a remedy, claim, or right of reimbursement. You
must file any claim or suit related to our App within one year after it arises.
How to Contact Us
Please contact us to address
any concerns regarding your personal information.