Welcome to NC Apps!
You may use Nick Culbertson's websites, applications, software, widgets updates and services of Nick Culbertson and his affiliated sites including but not limited to Moby Pixel, myindieapp, and madcalfapps (collectively and henceforth referred to as "NC Apps") on the condition that you agree to the following terms.
If you do not agree, you may not use NC Apps.
1. About these Terms.
You understand and agree that as NC Apps evolves, we may in our sole discretion change or update these Terms at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage at http://www.myindieapp.com. Your ongoing use of NC Apps after we post or notify you about changes to the Terms signifies your acceptance of the new terms. If you do not agree to the changes, your sole recourse is to stop using NC Apps.
2. About NC Apps.
NC Apps is intended for general audiences and for personal and information use only. We may add, change or discontinue any aspect of NC Apps at any time, in our sole discretion and without notice to you. We may offer certain applications, services or features for a fee, which will be subject to separate payment terms that will be binding on you.
NC Apps is controlled and operated within the United States. Although NC Apps is accessible from outside of the United States, you understand and agree that NC Apps (a) is not designed or customized for distribution for any specific country or jurisdiction (Territory), (b) is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any Content filtering or rating mechanism. We have no obligation to assure that NC Apps complies with applicable local laws and regulations within the Territories in which you elect to use NC Apps. Your use of NC Apps within any specific Territory is entirely at Your own risk. You are solely responsible for complying with any local laws in which you access or use NC Apps.
NC Apps offers information, directories and search functionality to enable users to access, view and listen to content such as music ("Content") and provides links to other sites and third party providers of music, Internet music stations and other content ("Content Providers"). As a directory and search service, NC Apps does not host and is not responsible for the Content accessed through its directory or search functionality. Such Content is hosted and served by the Content Providers. The Content Providers are solely responsible for their Content offered through NC Apps, including without limitation, obtaining all rights, licenses and royalties pertaining to their Content.
You understand that NC Apps does not pre-screen Content and you agree that NC Apps has no obligation to pre-screen Content, although NC Apps reserves the right to do so in its sole discretion. Some Content may contain materials that are objectionable, unlawful, or inaccurate. NC Apps' offerings of directories, search results, links and/or access to Content does not mean that we endorse the Content or the Content Providers. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party Content Providers.
4. Additional Terms.
Certain NC Apps features may be subject to supplemental usage rules, guidelines and terms, which you will have an opportunity to review and which will be binding on you if you elect to use those features.
5. Electronic Delivery Policy and Your Consent.
You acknowledge that you are agreeing to these terms online and electronically and that these Terms have the same effective as an agreement on paper. You authorize us to provide you with required notices, agreements and information concerning NC Apps electronically. Your affirmative act of usage of NC Apps constitutes your electronic signature to these Terms. We will provide you our notices by posting them on the home page of NC Apps or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, your only recourse is to discontinue your use of NC Apps.
You must provide at your own expense the equipment and Internet connections that you will need to access and use NC Apps, whether you access NC Apps through broadband, wifi, wireless or other type of connection. If you access NC Apps through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access NC Apps through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
8. Your Responsibilities.
You may use NC Apps for lawful purposes only. You are responsible for all activities under your account, including all legal liability incurred from your activities.
You agree that you will not access or use NC Apps or its Content, or otherwise engage in any conduct that:
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights is unlawful;
uses technology or other means to access NC Apps or Content that is not authorized by us;
uses any automated system, including without limitation, "robots," "spiders," or "offline readers," to access NC Apps or Content;
attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
attempts to gain unauthorized access to our computer network or user accounts;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law;
violates these Terms, guidelines or any policy posted on NC Apps website;
attempts to damage, disable, overburden, or impair our servers or networks; or
interferes with any other party's use and enjoyment of NC Apps.
You agree that we may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of your access to NC Apps if we believe in our discretion that you are violating these Terms.
10. Proprietary Rights.
You agree that NC Apps, its application, software and database information, and those techniques, algorithms, and processes contained therein which have been developed, acquired, or licensed by us are proprietary to NC Apps.
NC Apps and the Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not violate these rights and access and use NC Apps and the Content only as authorized by the owners of these rights.
11. License To Use NC Apps.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use NC Apps subject to these Terms. You may not use NC Apps in a manner that exceeds the rights granted for your use of NC Apps and its Content. Without limitation of the foregoing, you may not frame any portion of NC Apps or Content, or reproduce, record, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, make derivative works or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or NC Apps applications, software or services. Your license terminates immediately if we believe you are in violation of these Terms.
12. Procedure For Making Claims Of Copyright Infringement.
If you believe that your copyrighted work has been copied and is accessible on NC Apps in a way that constitutes copyright infringement, you may notify NC Apps by providing our copyright agent the following information:
an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
identification of the URL or other specific location on the NC Apps site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
your name, address, telephone number, and email address.
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.
a statement by you 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.
NC Apps' agent for notice of claims of copyright infringement on this site can be reached as follows:
You agree that NC Apps may be supported by advertising. Any dealings that you have with advertisers found on NC Apps are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
14. Use Of Software.
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other provisions of these Terms, govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer or authorized device. The software is protected by copyright and other intellectual property laws and treaties and is owned by us. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
15. Export laws.
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the United States or other applicable agencies. You are responsible for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
WE PROVIDE NC APPS "AS IS" AND WITH ALL FAULTS. YOU ARE USING NC APPS AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT NC APPS IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT NC APPS IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU HEREBY ACKNOWLEDGE A) CONTENT PROVIDERS AND NOT US ARE RESPONSIBLE FOR OBTAINING ALL NECESSARY RIGHTS, PERMISSIONS, LICENSES, APPLICABLE TAXES, CERTIFICATIONS AND CLEARANCES FOR THE STATIONS AND CONTENT THAT THEY PROIVIDE, B) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE CONTENT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS, C) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ALL APPLICABLE ROYALTIES TO THE COPYRIGHT OWNERS WITH RESPECT TO THE CONTENT CONTAINED IN THEIR INDIVIDUAL STATION(S), AND D) WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR ROYALTY PAYMENTS AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR THE FAILURE OF SUCH CONTENT TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR PAY ANY APPLICABLE ROYALTIES.
17. LIMITATION OF LIABILITY.
WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF NC APPS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE NC APPS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR NC APPS IS TO CEASE YOUR USE OF THE SERVICE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF THE RADIONOMY GROUP FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). NC APPS IS PROVIDED WITHOUT CHARGE AND YOU AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THESE TERMS.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our other affiliated companies, and our respective employees from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of NC Apps. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. Choice of Law and Location for Resolving Disputes.
20. Severability and Integration.
These Terms and any supplemental terms, policies, rules and guidelines posted on http://www.myindieapp.com/termsofservice constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use NC Apps automatically terminates if you violate these Terms or any rules or guidelines posted in connection with NC Apps. We also reserve the right, in our sole discretion, to terminate your access to all or part of NC Apps, for any reason, with or without notice.
Last updated 3-9-15
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