Terms and Conditions

Last updated: November 04, 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.Nebulamix.com website (the “Service”) operated by Nebulamix (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

ACCOUNTS.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

SERVICES.

Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information and services provided by us, which may include, without limitation, providing Users with the ability to (i) access, view and embed certain audio-visual content (including, without limitation, certain music videos); (ii) create personal playlists (iii) access personalized information and content regarding music, artists and bands, such as recommendations, suggestions and notifications regarding audio-visual content, playlists and other related products and services, (iv) create an account and other content (v) connect, communicate and interact with others through sharing.

THIRD PARTY PLATFORMS.

Some of the Services may be dependent on and/or inter-operate with third-party owned and/or operated platforms and services (e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc.) (each, a Third Party Platform) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, music/artist/band and other preferences and usage data. Our access to, use of, and disclosure of such information shall be subject to the terms and conditions hereof, including the Privacy Policy.

ELIGIBILITY.

The Services are not intended for or directed at children under 13 years of age. By using the Services, you represent, warrant and covenant that (a) you are 13 years of age or older and reside in one of the following countries in which Nebulamix makes the Services available to end users, (b) your use of the Services does not violate (i) any applicable law, rule or regulation or (ii) any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebooks Terms of Use, iTunes Store Terms of Use, etc.), (c) all registration information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information and (d) you are not included on any list of prohibited or restricted parties issued by the government of any country within the Territory. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review these Terms of Use with your parent or guardian. Your parent or guardian should agree to these Terms of Use on your behalf and parental discretion is advised for all users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or Nebulamix suspects that such information is untrue, inaccurate, not current or incomplete, Nebulamix has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

REGISTRATION.

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 Nebulamix App, a Third Party Platform or otherwise, including, in some instances, by 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. Your personal account with the Services, which is created when you register for the Services, shall be referred to herein as your User Account. Our use of your information is subject to the terms of the Privacy Policy. 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 Nebulamix of any unauthorized use of your User ID or User Account or any other breach of security. It is your sole responsibility to (x) control the dissemination and use of your User ID and User Account, (y) control access to your User ID and User Account, and (z) 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. Nebulamix shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section.

LINKS TO OTHER WEB SITES & MOBILE APPS

Our Service may contain links to third-party web sites or services that are not owned or controlled by Nebulamix. Nebulamix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nebulamix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

USER CONDUCT.

You are solely responsible for your conduct on and in connection with the Services. We want to keep the Services safe and fun for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Services, you shall not:

Nebulamix may terminate a Users User Account and/or otherwise prevent or prohibit a User from accessing the Services if Nebulamix determines, in its sole discretion, that such User has violated these Terms of Use. Nebulamix reserves the right to investigate and take appropriate legal action against anyone who, in Nebulamixs sole discretion, violates, or is suspected of violating, this Section 7, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Nebulamix may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Nebulamix, its Users or any third parties.

TERMINATION.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ADVERTISEMENTS.

The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services, or (b) any third party websites, content, data, information, applications, platforms, goods, services or materials, including Third Party Platforms (collectively, Third Party Services) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Nebulamix or its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, partners or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), regardless of whether the Services or Nebulamixs logos, marks, names and/or sponsorship or other identification is on the Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

DATA AND WIRELESS ACCESS CHARGES.

Our 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 Nebulamix Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Nebulamix be responsible for any such data access fees and charges in connection with your use of any Nebulamix 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 Nebulamix Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Nebulamix Apps and other Services may work with all wireless carriers, networks, platforms, services or Devices.

INDEMNITY.

You agree to defend, indemnify and hold Nebulamix, its creator(s), owner(s), worker(s), successors and assigns, officer(s), director(s), employee(s), agent(s), representative(s), licensor(s), operational service provider(s), advertisers and suppliers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation these Terms of Use or (c) your User Content. Nebulamix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

ASSIGNMENT.

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Nebulamix without restriction and without notice to you.

GOVERNING LAW.

Our 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 Nebulamix Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Nebulamix be responsible for any such data access fees and charges in connection with your use of any Nebulamix 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 Nebulamix Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Nebulamix Apps and other Services may work with all wireless carriers, networks, platforms, services or Devices.

CHANGES.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US.

If you have any questions about these Terms, please contact us.