Terms & Conditions
A. General. Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information and services provided by us and/or our affiliates and contractors, which may include, without limitation, providing Users with the ability to access, and view certain audio-visual content.
5. REGISTRATION AND APPLICABLE FEES. In order to access and use certain content, features and functionality of the Services, we may require that you (a) register for the applicable Services, whether on the Site, the NC App, a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User ID”) and (b) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, usage data and other information, and, for fee-based transactions and purchases (if applicable) offered by us, your physical address, telephone number(s), applicable payment information (e.g., payment card data, etc.) and other information (collectively, a “User Account”). If you elect to become a registered User of the Services, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Services by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify NC of any unauthorized use of your User ID or User Account or any other breach of security. It is your sole responsibility to (i) control the dissemination and use of your User ID and User Account, (ii) control access to your User ID and User Account, and (iii) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. NC shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.
6. USER CONDUCT. You represent, warrant and agree that, while using the Services, you shall not:
- intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- intentionally or unintentionally engage in or encourage conduct that affects adversely or reflect negatively on NC or its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;
- impersonate any person or entity, including, without limitation, a NC official, or falsely state or otherwise represent your affiliation with a person, or entity, transmit or otherwise make available on, through, or in connection with the Services false or misleading indications of origin, information or statements of fact; or
- solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.
7. PROPRIETARY RIGHTS.
A. As between you and NC, NC owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (the “Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.
B. Except as expressly set forth herein, the Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the Services. Except as expressly authorized by NC, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Content without the express, prior written consent of NC or its owner if NC is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution.
9. ADVERTISEMENTS. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services (as such term is defined herein) of or from advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Services or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
11. DATA AND WIRELESS ACCESS CHARGES. Certain NC Apps and other Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such NC Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will NC be responsible for any such data access fees and charges in connection with your use of any NC Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your Device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain NC Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all NC Apps and other Services may work with all wireless carriers, networks, platforms, services or Devices.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY. THESE SERVICES, AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES.
15. CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to [email protected].
16. GOVERNING LAW; MISCELLANEOUS.
C. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
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