Neurotic Media Services Terms and Conditions

 

Welcome to Neurotic Media. We provide technology and content related services to third party businesses (our “Affiliates”), and thorough them we provide services to you, the consumer. The following terms and conditions create a contract between you and Neurotic Media (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

 

A. INTRODUCTION TO OUR SERVICES


This Agreement governs your use of Neurotic Media’s services (“Services”), through which you can buy, redeem, get for free, license, rent or subscribe to music, and at times, other media and services (“Content”). Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

 

B. USING OUR SERVICES

 

PAYMENTS, TAXES, AND REFUNDS

 

You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and either Neurotic Media and/or one of our Affiliates. In the case of download purchases in the USA, MP3 downloads of SONY BMG products are sold directly by SBME Digital LLC via Neurotic Media as Agent.

 

Neurotic Media will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. Payments are billed nightly for all applicable activity. Neurotic Media pre-authorizes up to $10 upon your first daily purchase, and your final purchase amount is what is actually billed nightly to your account as the daily payment amount, with any remaining balance of the pre-authorization discarded. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Neurotic Media. From time to time, Neurotic Media may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Neurotic Media to a corresponding counterclaim.

 

NEUROTIC MEDIA ACCOUNT

 

Using our Services and accessing your Content requires an account creation with either Neurotic Media or our Affiliates. You are responsible for maintaining the confidentiality and security of your account. Neurotic Media is not responsible for any losses arising from the unauthorized use of your account via the Service. Please contact Neurotic Media at service@neuroticmedia.com if you suspect that your Neurotic Media account has been compromised.

 

You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create a Neurotic Media account and use our Services. Neurotic Media accounts for persons under this age can be created by a parent or legal guardian, or by an approved educational institution.

 

PRIVACY

 

Your use of our Services is subject to Neurotic Media’s Privacy Policy, which is available at http://web.neuroticmedia.net/Privacy.html.

 

SERVICES AND CONTENT USAGE RULES

 

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement, except that our Affiliates may offer you their own usage rules which govern their own services, in which case those third party usage rules may prevail. Neurotic Media may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

 

You may use the Services and Content only for personal, noncommercial purposes. Neurotic Media’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly. You may not tamper with or circumvent any security technology included with the Services.

 

Neurotic Media grants you a limited license to access and make personal use of the Services (including web sites and applications) and not to modify it, or any portion of it, except with express written consent of Neurotic Media. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Neurotic Media.

 

In addition to any other remedies available in equity or law to Neurotic Media and its Content suppliers, failure to comply with any of the terms and conditions in this Section shall immediately terminate your license to the Content and the Services.

 

MUSIC DOWNLOAD TRANSACTIONS

 

You agree that you will only use the Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. You must be online in order to use the Service. You may be able to "burn" certain Content on compact disc or other portable formats (look at each file’s Properties for its unique usage rights and limitations); however, any Content transferred to such portable formats are for Your personal use and you may not transfer, copy or distribute such Content to other persons or devices.

 

You may only use and access the Content for private and non-commercial use. You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Content. You may not rent, lease, assign, sell, transfer, or otherwise transfer your account or rights to the Content or the Services or give access to your account to any third party. You may not modify or use the Content for any other purpose or remove any proprietary notices or labels on the Content or Service. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file. Except as specifically authorized herein, you may not reproduce, republish, post, transmit, distribute, copy, redistribute, modify, translate, add to, alter, delete from, or create derivative works of the any Content, link directly to any Content, or attempt to "pass-off" any Content as Your own work. You may not use the Services to violate any governing law or regulation, including laws prohibiting: Copyright, patent, trademark, trade secret, or other intellectual property infringement, misuse, or misappropriation.

 

“MY MUSIC” LOCKER

 

Certain Affiliates use Neurotic Media’s “Purchased Content Music Locker” (as defined in the US Copyright Act section 115) to enable you to access Content multiple times beyond the initial access obtained after your initial Transaction for that Content. You may be able to redownload previously acquired Content (“Redownload”), and in some cases you may be able to stream that same Content. Content may not be available for Redownload or stream if that Content is no longer offered on our Services. The enablement of these options is governed uniquely by each Affiliate, some of which may not offer this feature, while others may choose to place certain restrictions such as limiting the number of times you my Redownload or stream Content you obtained through a Transaction. The Service is also offered to Affiliates who enable the Purchased Content Music Locker service as a free value-add service in conjunction with Transactions you make for physical goods from their store(s) (for example, CD or vinyl purchases).

 

SUBSCRIPTIONS

 

The Services may allow you to purchase access to Content and/or Services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions (or as otherwise titled by each Affiliate) section of your account settings for each Subscription offer. Neurotic Media or our Affiliate will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.

 

CONTENT AND SERVICE AVAILABILITY

 

Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you.

 

C. ACCOUNT BALANCE, GIFT CARDS AND CODES, AND CONTENT CODES

 

GIFT CARDS; ACCOUNT BALANCE; REDEMPTION; ADD FUNDS

 

Music Gift Cards and Codes may be issued and managed by Neurotic Media and/or by our Affiliates, and may include virtual credits for a number of downloads (usually represented by a number of Credits (or as otherwise named), which map to virtual credit values assigned per product), a specific subscription period, or specific monetary value  in a site or an app (collectively “Awards”) that is automatically added to your account’s monetary balance or reward codes balance, as the case may be (collectively, your “Account Balance”). Your Account Balance in each unique store or subscription supported by the Service represents the balance of all Gift Cards and/or Codes that have been redeemed into your account in that specific store, site or subscription. When you have an Award-driven positive Account Balance, purchases from the Services in that same site or subscription will first be deducted from your Account Balance. Any unused balance will remain associated with your account. If a purchase exceeds your Account Balance, you may be asked to pay with another payment method (including but not limited to, redeeming additional Gift Cards or Codes, or paying with a credit card). If your new payment method cannot cover the remaining amount, the transaction will be canceled.

 

You agree to not use Awards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Issuer, Neurotic Media, its Affiliates or any other consumer. We reserve the right, without notice to you, to void or deactivate Awards (including a portion of your Account Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use the Services, cancel or limit orders and bill alternative forms of payment if we suspect an Award was obtained, used, or applied to an account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

 

If you use the payment method on file with the Services to add funds to your Account Balance, prior to charging the payment method on file, an authorization will occur for the amount of your purchase or reload transaction.

 

Restrictions: Awards are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; or used to purchase Gifts or Gift Cards. Awards, including Content-specific codes can only be used to purchase content from the Services. Unused balances are not transferable. Neurotic Media and/or its Affiliates may provide you with information about the redemption status of Awards you purchased or received via the Service’s credits ticker or balance ticker, or another section of the service or your account page on the service, as the case may be. Store Credit and Content Codes purchased in the United States can only be redeemed into an Account in the United States, its territories, and possessions. If you choose to delete your account, you must spend your Account Balance prior to closing the account.

 

Risk of Loss: Neither Issuer nor Neurotic Media is responsible for lost or stolen Gift Cards, Codes, Credit or Content Codes. Risk of loss and title for all Awards passes to the purchaser in Virginia upon electronic transmission to the recipient. Risk of loss and title for all Awards transmitted electronically pass in California upon electronic transmission from Neurotic Media or its Affiliates; for avoidance of doubt, such recipient may not always be you.

 

Neurotic Media reserves the right to close accounts and request alternative forms of payment if an Award code is fraudulently obtained or used on the Service.

 

Limitation of Liability; Disclaimer of Liabilities NEUROTICMEDIA AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO STORE CREDIT, CONTENT CODES, GIFT CARDS, AWARDS, OR ANY OF THE SERVICES. IN THE EVENT THAT A GIFT CARD OR CODE, A STORE CREDIT OR A CONTENT CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH AWARD. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

 

PROMOTIONAL PROGRAMS

 

From time to time, we may, in our sole discretion, run promotional programs associated with virtual Credit, Product Credits, or simple free promotional giveaways; or, issue you bonus materials in addition to an initial Transaction you made on the Service (“Promotions”). From time to time, the Services may also run Promotions that may be limited by account type, device, subscription status or payment method associated with your account. Promotions may be run by Neurotic Media or by an Affiliate. Terms and Conditions of a promotion may be changed or modified at any time without notice to you. Bonuses received as a result of a promotion are promotional and have no cash value and are not eligible for refund or exchange. Promotional Terms and Conditions do not alter, in any way, the terms and conditions of the Services.

 

This offer is void where prohibited or restricted by law.

 

D. ADDITIONAL TERMS

 

a. Consent to Use of Data: You agree that Neurotic Media and its Affiliates may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services and to certain applications we may provide for your use via the Services. Neurotic Media and its Affiliates may use this information, as long as it is in a form that does not personally identify you, to improve its Services or to provide services or technologies to you.

 

b. External Services: The Services may enable access to third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Neurotic Media is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any External Service, including but not limited to artist information, product recommendations, financial transactions and location information, is for general informational purposes only and is not guaranteed by Neurotic Media or its Affiliates. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Neurotic Media or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Neurotic Media is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Neurotic Media reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

 

c. Exporting Software: You may not use or otherwise export or re-export Neurotic Media’s Licensed Application (such as subscription applications for iOS and Android operating systems, and such as download management applications for Windows and Mac computers, collectively, “The Licensed Applications”) except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Applications may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

 

d. The Licensed Applications and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

 

e. Jurisdiction: Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Neurotic Media shall be governed by the laws of the State of Georgia, USA, excluding its conflicts of law provisions. You and Neurotic Media agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

 

E. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

 

INTELLECTUAL PROPERTY

 

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Neurotic Media, its Affiliates, and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

 

The Neurotic Media name, the Neurotic Media logo, the Amplified name and logo, and other Neurotic Media trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Neurotic Media in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

 

COPYRIGHT NOTICE

 

Neurotic Media and its Affiliates respect the intellectual property of others, and we ask our content partners to do the same. If you believe that your copyrighted work has been copied and is accessible via our service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

 

1.      The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

2.      A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

3.      Identification of the location where the original or an authorized copy of the copyrighted work exists, such as the URL of the website where it is posted.

4.      Identification of the URL or other specific location on this site where the material that you claim is infringing is located (you must include enough information to allow us to locate the material).

5.      Your name, address, telephone number and email address.

6.      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.

7.      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 are authorized to act on the copyright owner's behalf.

1.      Our agent for notice of claims of copyright infringement on this site can be reached as follows:

 

By mail:

Neurotic Media, LLC

Attn: Infringement Claims Agent

3390 Peachtree Road

Suite 500

Atlanta, GA 30326 U.S.A.

 

By phone: (404) 688-6858

By email: Copyright@NeuroticMedia.com

This contact information is only for reporting copyright infringement.  

 

TERMINATION AND SUSPENSION OF SERVICES

 

If you fail, or Neurotic Media suspects that you have failed, to comply with any of the provisions of this Agreement, Neurotic Media may, without notice to you: (i) terminate this Agreement and/or your Neurotic Media account, and you will remain liable for all amounts due under your Neurotic Media account up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

 

Neurotic Media further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Neurotic Media will not be liable to you or to any third party should it exercise such rights.

 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

 

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEUROTIC MEDIA’S SERVICES AND ANY SERVICES PERFORMED OR PROVIDED VIA ITS AFFILIATES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NEUROTIC MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEUROTIC MEDIA OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCTS AND SERVICES OFFERED BY NEUROTIC MEDIA’S SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

NEUROTIC MEDIA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME NEUROTIC MEDIA MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

 

IN NO CASE SHALL NEUROTIC MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, NEUROTIC MEDIA'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

 

NEUROTIC MEDIA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE NEUROTIC MEDIA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

NEUROTIC MEDIA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE NEUROTIC MEDIA FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

 

NEUROTIC MEDIA IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.

 

WAIVER AND INDEMNITY

 

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD NEUROTIC MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY NEUROTIC MEDIA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM NEUROTIC MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF NEUROTIC MEDIA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NEUROTIC MEDIA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NEUROTIC MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Neurotic Media’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS

 

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

 

OTHER PROVISIONS

 

This Agreement constitutes the entire agreement between you and Neurotic Media and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Neurotic Media. You also may be subject to additional terms and conditions that may apply when you use Affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement 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. Neurotic Media's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Neurotic Media will not be responsible for failures to fulfill any obligations due to causes beyond its control.

 

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Neurotic Media employee or agent has the authority to vary this Agreement.

 

Neurotic Media may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Neurotic Media may also contact you by email or push notification to send you additional information about the Services.

 

You hereby grant Neurotic Media the right to take steps Neurotic Media believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Neurotic Media has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Neurotic Media believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Neurotic Media's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).

 

Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

 

Last Updated: May 6, 2018

 

 

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