Nodio Terms of Service
EFFECTIVE DATE: May 1st, 2017
These Nodio Terms of Service (the “Terms”) are a legal contract between you and Nodio, Inc. (“Nodio”, “we” or “us”). These Terms explain how you are permitted to use the Nodio mobile application and services, as well as the Nodio website located at http://nodioapp.com (the “Site”) and any content therein (collectively, the “Services”). Unless otherwise specified, all references to the Services include the services available through the Nodio mobile application (the “App”) and the Site, as well as any software that Nodio provides to you that allows you to access the Services from a mobile device and any other Materials (as defined below). By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: http://nodioapp.com/terms .
Nodio may make changes to the Services at any time. Nodio can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the App or the Site, by posting a notice on the Services or by notifying you via the App. By using the Services after Nodio has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.
The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are not available at any time, without notice to you.
By using, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age, but are at least 13 years old (a “Minor”), that you have received your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Nodio if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Services at any time or in any manner or submit any information to the Nodio or the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Nodio provides content through the Services that is copyrighted and/or trademarked work of Nodio or Nodio’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, text graphics, video, images, photos, software and other content.
Subject to these Terms, Nodio hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Materials and to use the Services solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.
You may use the App for one registered account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Nodio may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the App.
Except for the limited rights expressly licensed in these Terms, Nodio and its third-party licensors or suppliers retain all right, title, and interest in and to the Services.
The following additional terms and conditions apply with respect to any App that Nodio provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Nodio only, and not with Apple, Inc. (“Apple”).
Your use of Nodio’s iOS App must comply with Apple’s then-current App Store Terms of Service.
Nodio, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Nodio, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
You agree that Nodio, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Nodio’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Materials.
We may ask for your mobile number in order to verify your account when you try to post content or if we suspect improper activity on your account. Please note that your carrier’s text messaging and data fees apply for mobile number verification.
You are responsible for any information, profiles, statuses, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (each a “Submission”) . When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” section below. Although Nodio may, in its sole discretion, monitor, screen, modify, refuse, remove or edit Submissions for any reason, Nodio is not obligated to do so. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness and will be solely liable for any damage or harm resulting from your Submissions.
We may retain your Submissions, even after they have expired from view within the Services or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.
When using the Services, you agree not to:
Impersonate another person in a manner that is intended to or does mislead, confuse or deceive others.
Post or share another individual’s private information without their express authorization and permission.
Defame, abuse, bully, harass, stalk, threaten, or otherwise violate the legal rights of others.
Use racially or ethnically offensive language.
Discuss or incite illegal activity.
Post or share Submissions that contain pornography or graphic violence.
Post or share anything that exploits children or minors or that depicts cruelty to animals.
Post or share Submissions that violate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use any robot, spider, crawler, scraper or other automated means to access the Services.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Use or develop any third party applications that interact with the Services or Submissions without our prior written consent.
Alter the opinions or comments posted by others on the Services.
Post or share any image or language that is obscene, vulgar or offensive or that threatens, disparages or demeans any individual or group.
Attempt to circumvent any of our content-filtering techniques.
Post or share anything inappropriate or disruptive to the Services.
Disrupt, negatively affect or inhibit users from having a positive experience with the Services.
Use the Services in violation of these Terms and/or for any unlawful purposes.
Post or share anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not exhaustive or exclusive. Nodio reserves the right to (a) suspend or terminate access to your account and your ability to post to the Services (or otherwise use the Services), (b) delete, remove or refuse to distribute any Submissions. If Nodio believes a Submission violates these Terms, it may make that Submission invisible to other users without notifying you. Your Submission will be visible to you, but will not appear for any other user. Nodio may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Nodio’s discretion, Nodio will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Nodio and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the “Indemnified Entities”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Nodio or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Disclaimer of Warranties.
Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by Nodio, and they may include inaccuracies or typographical or other errors. Nodio does not warrant the accuracy of timeliness of the Materials contained on the Services. Nodio has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials or any other portion of the Services, whether provided by Nodio, our licensors or suppliers or other users.
NODIO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, NODIO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
IN NO EVENT WILL NODIO BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF NODIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NODIO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST NODIO FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, NODIO IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, NODIO’S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Local Laws; Export Control.
Nodio controls and operates the Services from its headquarters in the Canada and the Services may not be appropriate or available for use in other locations. You are responsible for following applicable laws and regulations in your jurisdiction, including but not limited to laws and regulations regarding the transmission of technical data exported from the Canada or the country in which you reside.
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Nodio or the Services, whether by email otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Nodio is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Nodio is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Nodio respects the intellectual property rights of others. If you believe that your intellectual property appears on the Services in violation of your copyright, please provide Nodio’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Services, and information reasonably sufficient to permit Nodio to locate the material.
Information reasonably sufficient to permit Nodio to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nodio’s agent for notice of claims of intellectual property infringement on the Services can be reached as follows:
Attn: Copyright Agent
386 Yonge Street, Toronto ON M5B 0A5
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Nodio designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the Canada, for any judicial district in which Nodio may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you have any questions about these Terms or otherwise need to contact Nodio for any reason, you can reach us at email@example.com .