Radio Airplay Terms of Service
Last Updated: October 25, 2012
Description of Service, Acceptance of Terms, Modification
One Sound Promotion Inc. (“OneSound”) dba Radio Airplay provides users ("Users") of the web pages located at radioairplay.com, and their associated subdomains including but not limited to radioairplay.com (the "Site") with a platform for the discovery and promotion of music, the sharing of information and comments about music, communication with other Users, the posting, syndication of, linking to or uploading of User Content (defined below), social networking and other features, functions, or services on the Site (collectively, the "Service" or "Airplay Service"). The Service will include the cataloging, indexing, sharing and streaming of User Content.
This Agreement sets out the legally binding terms between you and OneSound. This Agreement applies to all Users of the Service. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the "Agreement"). OneSound may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
OneSound may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. OneSound may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular OneSound services, you and OneSound shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, OneSound may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new OneSound properties, shall be subject to this Agreement.
1. You must have permission to upload all of your content and make it available worldwide (without restriction), or you must have obtained permission from the relevant rightsholder(s).
2. OneSound may use your tracks solely for its internet radio streaming service.
3. The license you grant to OneSound is non-exclusive (meaning you are free to license your Content to anyone else in addition to OneSound), fully-paid and royalty-free (meaning that OneSound is not required to pay you or anyone else deriving rights from you for the use on the OneSound Services of the Content that you post), sublicensable (so that OneSound is able to use its affiliates, subcontractors and other partners such as Jango.com, Internet content delivery networks and wireless carriers to provide the OneSound Services), and worldwide (because the Internet and the OneSound Services are global in reach).
4. OneSound does not claim any ownership rights in your content. You will continue to own your content and can use it in any way that You choose.
OneSound is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics, but excluding User Content (defined below). You agree not to display or use any OneSound's intellectual property without OneSound's prior permission.
License and Site Access
OneSound grants you a limited license to access and make personal use of the Service. You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of OneSound. Any musical work made available via the Service is intended for Streaming only. Streaming meaning the transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time listening and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing any musical work for any purpose or in any manner other than Streaming is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, 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.
The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those may be specifically endorsed or approved by the management of OneSound from time to time. Illegal and/or unauthorized use of the Service, including collecting usernames, email addresses or User Content of other Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site or other illegal purposes will be investigated. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OneSound. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of OneSound and our affiliates or other Users. You may not use any meta tags or any other "hidden text" utilizing OneSound's name or trademarks without the express written consent of OneSound.
Any unauthorized use terminates the permission or license granted by OneSound. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to OneSound so long as the link does not portray OneSound, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any OneSound logo or other proprietary graphic or trademark as part of the link without express written permission.
Account, Password, Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify OneSound of any unauthorized use of your password or account or any other breach of security , and (ii) ensure that you exit from your account at the end of each session. OneSound cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree to not use the Service or export any portion of the Service, including the User Content (defined below) in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
Uploaded Content, Reviews, Comments, Etc.
You must have the right to submit the material to us for our use. You should only submit to us songs and recordings that you are authorized to allow us to publicly stream (“perform”), because you own or control the public performing rights.
By providing any material to us, you certify: that you own or control the publishing rights to the material; that you are giving us permission to put it up on OneSound.com for streaming, without restriction.
By uploading Your Content, You grant to OneSound a non-exclusive license (including the right to sub-license for all purposes related to the OneSound service (such as, for example, embedding the OneSound player on third party websites or as personal blogs)) throughout the world to:
(a) communicate and make Your Content available on the Radio Airplay service; and (b) to copy and otherwise exploit Your Content as necessary for all purposes associated with the OneSound service.
You shall deliver to OneSound:
(a) Copies of the master versions of Your Content from which OneSound shall be entitled to make copies for the purpose set out in this Agreement;
(b) All necessary, related artwork for use by OneSound in connection with the marketing and promotion of your content. OneSound may encode or transcode Your Content, but shall not modify it.
Please choose carefully the words, information, content, messages, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, display or make available on the Site or through the Service and any such content that you provide or make available to other Users (collectively, "User Content"). You are responsible for all User Content, as set forth below.
Any photographs posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and OneSound assumes no responsibility or liability for this material.
OneSound reserves the right, in its sole discretion, to reject, refuse to post or link to or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. OneSound has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. OneSound takes no responsibility and assumes no liability for any User Content.
Unless we indicate otherwise, if you do post or link to User Content, you grant OneSound and its affiliates a nonexclusive, perpetual, irrevocable, and fully sublicensable right to use, display, perform, reproduce, publish, and distribute such User Content throughout the world via the Service. You grant OneSound and it affiliates the right to use the name that you submit in connection with such User Content. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and OneSound’s use thereof.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. OneSound reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and terminating the membership of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright (including CDs and tracks you may have purchased), or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xii) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other Users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. (v) reverse engineer or decompile any elements of the Service.
Without limiting other remedies, OneSound and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and OneSound in any way on more than one occasion.
You are solely responsible for your interactions with other Users of the Service. OneSound reserves the right, but has no obligation, to monitor disputes between you and other Users.
Use & Storage
You acknowledge that OneSound may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on OneSound’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that OneSound has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that OneSound reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that OneSound reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Third-Party Content, Links and Syndication
Representations & Warranties
You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer, make available, or link to.
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Your membership or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account.
You represent and warrant that you are solely responsible for all User Content posted, uploaded, published, made available or displayed through your User account, including any messages, and for your interactions with other Users. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize OneSound to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content.
You represent and warrant that you shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
FINANCIAL TERMS AND CONDITIONS
1. Subscription Fees.
Subscribers of Monthly Airplay Packages agree to provide OneSound with valid credit card credentials, or alternatively valid PayPal Account credentials, which OneSound will charge on a monthly basis until the Subscription Service is terminated pursuant to this Agreement. By providing credit card billing information or PayPal account information, Subscriber shall be authorizing OneSound to charge that credit card until termination of the Subscription Service. OneSound shall have the right to immediately discontinue Subscriber's Service Benefits if One Sound Promotion does not receive payment when due. As consideration for a Subscription Service, Subscriber agrees to pay OneSound all applicable subscription fees as posted on the Site at the time Subscriber applies for the Subscription Service. All subscription fees are due immediately pursuant to the payment option Subscriber chooses, and are non-refundable except as otherwise provided herein (see: 5. Subscription Cancellation Refunds). OneSound may exercise all available remedies to collect fees due and owing for any Subscription Service.
Note that the charges will show up as "OneSound Promotions Inc. dba Radio Airplay" on your Credit Card or PayPal statement.
2. Modifications to Subscriber's Account.
In order to change any of Subscriber's account information, Subscriber must use the User Name and the Password that Subscriber selected when Subscriber registered as a OneSound User. In no event will OneSound be liable for any unauthorized use or misuse of Subscriber's User Name and Password.
Fees and prices appearing on the Site are based on United States dollars. Payments for any Service or purchase made on or through the Site shall be made to OneSound in United States dollars.
You agree to pay for all fees and charges incurred under your OneSound account or Username. If you have configured the account associated with your Username (your "Account") to pay for Services or purchases with a credit or debit card or similar form of payment (a "Card" payment method) including a Paypal account, you authorize any and all charges and fees incurred under your Account to be billed from time to time to your account. Regardless of the method of payment, it is your sole responsibility to advise OneSound of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.
5. Subscription Cancellation Refunds.
The following shall apply if you cancel a Subscription Service:
Monthly Billing Subscriptions: You can cancel your monthly billing subscription at any time. Simply cancel your recurring package in the "Billing Info" or "Manage Package" sections of your Radio Airplay dashboard. In order to cancel charges to your Card or Paypal account, you may contact OneSound Customer Service by email (firstname.lastname@example.org). We will refund your most recently billed charge minus any play credits already used in the most recent charge. Refunds for any multi-month billing subscription will be prorated based on the number of full months remaining in your membership. Your email should include the following: registered name on the account, registered email address on the account, and the service to be canceled. It is your sole responsibility to advise OneSound of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONESOUND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONESOUND MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONESOUND OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Indemnification, Limited Liability
You hereby indemnify and hold harmless, and upon OneSound's request, defend, OneSound, its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or OneSound's or any User's use thereof violates or infringes the rights of another party. You will reimburse OneSound and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that OneSound obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. OneSound shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon OneSound's request. OneSound shall have the right, at its expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION, AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONESOUND'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO ONESOUND FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
This Agreement and the relationship between you and OneSound shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and OneSound agree to submit to the personal and exclusive jurisdiction of the courts located within the State and County of New York.
Except as explicitly stated otherwise, any notices to OneSound shall be sent by certified mail, return receipt requested, to OneSound, P.O. Box 1357, West Babylon, NY 11704. Notice shall be deemed given three (3) days after the date of mailing.
OneSound respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OneSound's copyright agent with the following information ("Notice"): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a hyperlink to the material that you claim is infringing on the Service. Please note, providing a song, artist, or album name is not sufficient, you must provide a unique hyperlink to each item of material that you claim is infringing on the Service ; (4) your address, telephone number, and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to OneSound at:
Please note that this procedure is exclusively for notifying OneSound and its affiliates that your copyrighted material has been infringed.
The failure of OneSound to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Thank you for reading these terms, and we look forward to feature your song on Radio Airplay! If you have any further questions, please contact email@example.com
Neu Services Ltd. Terms and Conditions
Last updated: February 23, 2016
These Terms and Conditions and any terms expressly incorporated herein (“Terms”) apply to the conditions under which you can receive free NeuCoin cryptographic tokens (“NeuCoin Rewards”) as a reward for listening to music on Jango (the “Service”), which will be provided to you by Neu Services Ltd. (“the Company,” “we,” or “us”), a Saint Lucia Corporation, which is a wholly-owned subsidiary of the NeuCoin Growth Foundation (the “Foundation”), a non-profit Isle of Man Foundation.
KEY POINTS ABOUT THESE TERMS
A. YOU MUST BE AN INDIVIDUAL TO APPLY TO RECEIVE NEUCOIN REWARDS FROM THE SERVICE AND YOU MAY ONLY APPLY TO RECEIVE USING ONE SINGLE EMAIL ADDRESS.
B. YOU ACKNOWLEDGE THAT IN ORDER TO RECEIVE THE NEUCOIN REWARDS, YOU MUST USE THE SAME EMAIL ADDRESS TO SIGN UP FOR AN ACCOUNT AT MYNEUCOIN.COM AND ACCEPT ITS TERMS OF SERVICE.
C. YOU ACCEPT THAT IN ORDER TO RECEIVE YOUR NEUCOIN REWARDS, YOU MAY BE REQUIRED TO VALIDATE, TO THE COMPANY’S SOLE SATISFACTION USING ANY AND ALL MEANS THAT THE COMPANY DEEMS APPROPRIATE, THAT YOU ARE A UNIQUE INDIVIDUAL. THE COMPANY RESERVES THE RIGHT TO VERIFY YOUR IDENTITY AS PART OF ITS PROCESS OF VALIDATING THAT YOU ARE A UNIQUE INDIVIDUAL. YOU ACCEPT THAT THE COMPANY MAY USE DIFFERENT MEANS TO VALIDATE THAT YOU ARE A UNIQUE INDIVIDUAL THAN IT HAS USED, USES OR WILL USE IN THE FUTURE TO VALIDATE THAT OTHER USERS ARE UNIQUE INDIVIDUALS. YOU ACCEPT THAT IF YOU ARE UNABLE TO COMPLETE THE COMPANY’S ACCOUNT VALIDATION PROCESS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO TECHNICAL ERROR, WRONGFUL BLACKLISTING BY THIRD PARTY, AUTOMATED ANTI-FRAUD SCREENING OR ALGORITHMIC SELECTION, HUMAN ERROR - ALL OF WHICH MAY BE AT NO FAULT OF YOUR OWN - THAT THE COMPANY WILL NOT REWARD YOU WITH FREE NEUCOINS. YOU UNDERSTAND THAT THE COMPANY ACCEPTS NO RESPONSIBILITY FOR ANY SUCH ERROR OR OVERSIGHT AND THAT YOU HAVE NO CLAIM AGAINST THE COMPANY IN THE CASE OF NEUCOINS NOT BEING REWARDED. YOU ALSO UNDERSTAND AND ACCEPT THAT AS A FREE SERVICE, THE COMPANY IS UNABLE TO PROVIDE ANY ASSISTANCE OR CUSTOMER SUPPORT FOR ANY REASON.
IMPORTANT POINTS ABOUT NEUCOIN TOKENS AND NEUCOIN
A. NEUCOIN TOKENS ARE NOT MONEY OR INVESTMENT SECURITIES. NEUCOINS ARE CRYPTOGRAPHIC TOKENS CREATED FOR USE AS CREDITS ON A DECENTRALIZED BLOCKCHAIN SOFTWARE APPLICATION AND THERE ARE NO GUARANTEES OF THEIR FUTURE USE OR VALUE.
B. NEUCOIN IS A DECENTRALIZED PEER-TO-PEER NETWORK USING BLOCKCHAIN TECHNOLOGY AND HENCE THERE IS NO NEUCOIN “COMPANY” OR ANY PERSON OR ENTITY THAT CONTROLS NEUCOIN. THE TEAM THAT STARTED THE DECENTRALIZED NEUCOIN PROJECT DONATED THE OPEN SOURCE NEUCOIN SOURCE CODE (AVAILABLE AT https://github.com/NeuCoin/neucoin) ALONG WITH MOST OF THE NEUCOIN TOKENS CREATED IN NEUCOIN’S GENESIS BLOCK TO THE NEUCOIN CODE FOUNDATION, THE NEUCOIN UTILITY FOUNDATION, AND THE NEUCOIN GROWTH FOUNDATION, ALL OF WHICH ARE NON-PROFIT FOUNDATIONS BASED IN THE ISLE OF MAN. THE THREE NEUCOIN FOUNDATIONS’ MAIN OBJECTIVES ARE TO MAKE NEUCOIN SECURE AND DECENTRALIZED IN THE LONG-TERM; TO MAKE NEUCOIN AS USEFUL AS POSSIBLE, WITH AN EMPHASIS ON ENABLING AND PROMOTING EFFICIENT SMALL ONLINE TRANSACTIONS WITH NOTIONAL VALUES OF $.001 TO $1 ("MICROTRANSACTIONS"); AND TO ACHIEVE WIDE DISTRIBUTION OF THE NEUCOIN TOKENS, PRIMARILY BY GIVING LIMITED NUMBERS OF NEUCOIN TOKENS FOR FREE TO CONSUMERS SO THAT THEY CAN TRY USING THEM FOR MICROTRANSACTIONS. NEITHER THE COMPANY NOR THE NEUCOIN FOUNDATIONS (EITHER INDIVIDUALLY OR COLLECTIVELY) “CONTROL” OR “OPERATE” NEUCOIN. RATHER, IT IS THE DECENTRALIZED NETWORK OF INDIVIDUALS (CALLED “MINERS”) WHO VOLUNTARILY DOWNLOAD AND RUN NEUCOIN’S OPEN SOURCE SOFTWARE THAT ENABLE THE NEUCOIN NETWORK TO FUNCTION. NEITHER THE COMPANY NOR THE NEUCOIN FOUNDATIONS (EITHER INDIVIDUALLY OR COLLECTIVELY) HAVE ANY CONTROL OVER NEUCOIN’S MINERS.
You represent and warrant that you: (a) are an individual (not an entity) of legal age to form a binding contract; and (b) have not previously submitted a different email address to the Service.
2. ACCOUNT REGISTRATION AT MYNEUCOIN
3. UNIQUE USER VALIDATION
In order to receive free NeuCoin Rewards provided by the Company on behalf of the NeuCoin Growth Foundation, you may be required to confirm that your MyNC Account is associated with a unique user. The Company and MyNeuCoin reserve the right to use any methods that they choose to confirm that you are a unique individual, including, but not limited to, verification through Facebook, email, SMS, and any other means. If you choose to not or are unable to comply for any reason with these methods to verify that you are a unique user to the satisfaction of the Company or MyNeuCoin, then you will not receive any NeuCoin Rewards. You accept that it is possible that you are unable to validate your MyNeuCoin account through no fault of your own, such as technical difficulties, automated anti-fraud screening or problems experienced by third parties that perform account validation functions for the Company (such as SMS verification providers). In such cases you accept that the Company will still not provide you with free NeuCoin Rewards.
4. DELIVERY OF NEUCOIN REWARDS
Your NeuCoin Rewards will be delivered within 30 days from the time that you sign up to MyNeuCoin and (if required) validate that you are a unique user, as described in Section 3 above. The NeuCoin Rewards will be credited to your MyNeuCoin wallet.
It is your responsibility to determine what, if any, taxes apply to the NeuCoin Rewards that you receive from the Company. You agree that the Company is not responsible for determining whether taxes apply to your receipt of NeuCoin Rewards or for collecting, reporting, withholding or remitting any taxes arising from any NeuCoin transactions.
7. LIMITATION OF LIABILITY
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, COMPANY’S OWNERS, THE NEUCOIN FOUNDATIONS, NEUCOIN’S CREATORS OR NEUCOIN’S FOUNDING TEAM BE LIABLE FOR ANY SPECIAL, INDIRECT 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 THE USE OF OR INABILITY TO USE OUR SERVICE OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, COMPANY OR TO THESE TERMS EXCEED ONE DOLLAR ($1).
8. APPLICABLE LAW
These Terms are governed by the laws of Saint Lucia. Any dispute between the parties will be governed by these Terms and the laws of Saint Lucia, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
You agree to notify the Company in writing of any dispute within thirty (30) days of when it arises. You and the Company further agree: (a) to attempt informal resolution prior to commencing litigation; (b) that the Eastern Caribbean Supreme Court, St. Lucia, has exclusive jurisdiction over any claim between the Company and a prospective party; (c) that the prevailing party in any action or proceeding to enforce this agreement shall be entitled to all costs and legal fees from the losing party.
9.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for any other product or service provided by the Company. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
9.2. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms on the Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Service unless we state otherwise via our notice of such amended Terms.
9.3. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
9.4. Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
9.5. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
9.6. Survival. 7 (Limitation of Liability), 8 (Applicable Law; Arbitration) and this Section 9 (Miscellaneous) will survive any termination or expiration of these Terms.
Last updated February 23, 2016
COLLECTION OF INFORMATION:
Information You Provide to Us
We collect information you provide directly to us. The types of information we may collect include your email address and NeuCoin wallet address.
Information We Collect Automatically When You Use the Service
When you access or use the Service, we automatically collect information about you, including:
USE OF INFORMATION
We may use information about you for various purposes, including to:
● Provide, maintain and improve the Service;
● Send you technical notices, updates, security alerts, authentication codes and support and administrative messages;
● Respond to your comments, questions and requests and provide customer service;
● Communicate with you about free NeuCoin offers, promotions, and rewards. We will provide an unsubscribe option within these notifications.
● Monitor and analyze trends, usage and activities in connection with the Service in an aggregate and anonymous manner;
● Carry out any other purpose for which you provided the information.
SHARING OF INFORMATION
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.