Any obligations with regard to Nero’s products and services are governed solely by the agreements pursuant to which they are provided.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent (Download Declaration of Consent), and are fully able and competent to enter into and abide by these Terms. In any case, you affirm that you are over the age of 13, as users under the age of 13 are prohibited from using My Nero. If you are under 13 years of age, please do not use My Nero.
YOUR AFFIRMATIVE ACT OF USING MY NERO SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND THE TERMS AND CONDITIONS OF NERO'S PRIVACY STATEMENT (http://www.nero.com/enu/end-user-agreement.html) AND END-USER LICENSE AGREEMENT(http://www.nero.com/enu/end-user-agreement.html ARE INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE MY NERO OR A NERO ID.
Nero reserves the right at any time to change, interrupt, stop, or block users, temporarily or permanently, from any services offered by My Nero, as well as to end membership, with or without notice. Nero also reserves the right to change these services or to cancel them completely, with or without notice. Nero is not liable to you or to any third party for any such changes, interruptions, suspensions or discontinuances.
§ 3 You Consent to Electronic Delivery
You agree that we may provide to you required notices, agreements, and other information concerning My Nero or certain features and/or services offered or accessible through MyNero or directly via Nero software products electronically. We will post the notices on the home page of My Nero or on the related services or software. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of My Nero.
§ 4 Access Costs
You must ensure that Internet access as well as the required technical equipment for such is available to be able to use the services that My Nero offers. The responsibility for the associated costs lies with you.
§ 5 Accounts
In order to access certain features and/or services offered or accessible through MyNero or directly via Nero software products, you will need to create an account, including a Nero ID and password.
Each user may only create one user account. Multiple registrations are not permitted under any circumstances.
Should you create an account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the My Nero account registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of your account.
You may not use a Nero ID, password or account other than your own, at any time without the express consent of its owner.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nero immediately of any breach of security or unauthorized use of your account by sending an e-mail to email@example.com
ALTHOUGH NERO WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, YOU MAY BE LIABLE FOR THE LOSSES OF NERO OR OTHERS DUE TO SUCH UNAUTHORIZED USE
§ 6 Website Access
We hereby grant you a personal, non-exclusive, non-transferable, limited, and revocable license to access My Nero funtionalities (the "License") as set forth in these Terms, provided that:
- you will comply with these Terms
- your use is exclusively for your personal, educational, informational, and entertainment purposes;
- you will not copy or distribute any part of My Nero in any medium without Nero's prior written consent;
- you will not alter or modify any part of our website other than as may be reasonably necessary to use our website for its intended purpose; and
The License may terminate immediately without notice from us, in our sole discretion. Upon such termination, you may not access, use, or view our website.
You may not use our website for any purpose other than those set forth in Section 6 of these Terms, including any commercial purpose, without our express prior written consent. For example, you will not, and will not authorize any other person to, (i) co-brand our website or portion thereof, (ii) frame our website or portion thereof (whereby our website or portion thereof will appear on the same screen with a portion of another web site), or (iii) use or launch any automated systems, including without limitation, "robots", "spiders," "offline readers," etc., that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Nero grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our website or content accessible within our website. Users may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our website or any software used on or for My Nero or cause others to do so.
Users agree to cooperate with Nero in causing any unauthorized co-branding, framing, linking, or other illegal and/or unauthorized uses to immediately cease.
We reserve the right to investigate suspected violations of these Terms and take all appropriate legal action, including without limitation, civil, criminal, and injunctive redress. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our web site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
§ 8 No Spam Policy
Users may not, or cause others to, collect or harvest any personally identifiable information, including account names, from our website, nor use the communications systems provided by our website for any commercial solicitation purposes. We may terminate your access or use of My Nero immediately and take any other legal actions if you, or anyone using your access to My Nero, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
§ 9 Our Intellectual Property Rights
You acknowledge that all content on My Nero, except for all User Submissions (as defined in Section 10 below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks and trade names contained therein, are owned by or licensed to Nero and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on our website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to My Nero and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through My Nero for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of My Nero or features that prevent or restrict use or copying of any Content or enforce limitations on use of My Nero or the Content therein.
§ 10 Content Submitted by You, Our Right of Use, and Your Responsibilities
My Nero may now or in the future permit the submission of videos, documents, music, sound, photographs or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Nero to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by our website and these Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by our website and these Terms
We do not claim ownership of User Submissions. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to My Nero, you hereby grant Nero and its assignees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with our website and My Nero's (and its successors', affiliates', and licensees') business, including without limitation for promoting and redistributing part or all of our website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our website a non-exclusive license to access your User Submissions through our website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of our website and under these Terms. The foregoing license granted by you does not terminate with the removal or deletion of a User Submission from our website.
In connection with User Submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant My Nero all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage My Nero or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business; and/or
- impersonate another person.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Nero does not permit copyright infringing activities and infringement of intellectual property rights on My Nero, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice. We will also terminate a user's access to My Nero, if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from My Nero more than twice. Nero also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at our sole discretion.
You understand that when using My Nero, you will be exposed to User Submissions from a variety of sources, and that Nero is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nero with respect thereto, and agree to indemnify and hold Nero, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
§ 11 Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that Content or User Submissions included on My Nero are your proprietary work and have been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Nero of any such copyright or other intellectual property rights infringement at firstname.lastname@example.org in the manner set forth below:
Our Copyright Agent may also be reached as follows:
330 North Brand Boulevard, Suite 800
You acknowledge that this contact information is only for reporting copyright infringement. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce these Terms. When reporting an infringement, please ensure you provide all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
- A description of where the material that you claim is infringing is located on My Nero (you must include enough information to allow us to locate the material);
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 authorized to act on the copyright owner's behalf.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your DMCA notice may not be valid.
For additional information on filing a DMCA complaint, please visit our How To File a DMCA Complaint website.
§ 12 Links to Third Party Sites
§ 13 Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF MY NERO SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NERO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MY NERO. NERO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MY NERO OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NERO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
§ 14 Limitation of Liability
IN NO EVENT SHALL NERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MY NERO, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NERO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND NOTWITHSTANDING ANY FAILURE OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT NERO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Nero's liability - if such should be given based upon whatever legal ground in spite of the preceding terms - is limited in any case to damages resulting out of deliberate or gross negligent behavior or to damages which are based on the violation of one of the main obligations essential for the contractual relationship. Generally, the liability amount is limited to the average damage inherent for such contracts. Any possible binding liabilities according to the Product Liability Law remain intact.
Nero makes no representations that My Nero is appropriate or available for use outside of the United States of America. Those who access or use My Nero from other jurisdictions do so at their own volition and are responsible for compliance with local law.
§ 15 Your Indemnification of Nero
Upon a request by us, you agree to defend, indemnify, and hold harmless us, other affiliated companies, and our respective employees, contractors, officers, directors, and agents from and against any and all claims, liabilities, and expense (including but not limited to attorneys' fees) that arise from: (a) your use of and access to My Nero; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of My Nero. You agree to cooperate with us in asserting any available defenses, regardless of whether we seek indemnification from you, in any matter subject to this indemnification provision.
§ 16 No Waiver
Any failure by Nero to enforce or exercise any provision of these terms and conditions or related right shall not constitute a waiver of that right or provision. No waiver of any term or breach herein shall be deemed a waiver of any other term.
§ 17 Complete Agreement
These Terms and any supplemental terms, policies, rules and guidelines constitute the entire agreement between Nero and you. If a part, provision, or clause of the terms and conditions of transaction, or the application thereof to any person or circumstances, is held invalid, void or unenforceable, such holdings shall not affect and shall leave valid all other parts, provisions, clauses or applications of the terms and conditions remaining, and to this end, the terms and conditions shall be treated as severable. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
§ 18 Termination
Your right to use My Nero terminates automatically if you violate these Terms or any rules or guidelines posted in connection with My Nero. We also reserve the right, in our sole discretion, to terminate your access to all or part of My Nero, for any reason or for no reason, with or without notice.
You may cancel your membership at any time without the need to state reasons.
§ 19 Applicable Law; ADR
These Terms shall be governed by and interpreted in accordance with the laws of California. The UN Convention on the International Sale of Goods shall not apply. If any dispute shall arise between you and Nero pursuant to any provision of these Terms, such dispute shall be settled by arbitration in accordance with the rules and regulations of the federal and state courts, located in the County of Los Angeles, California.
§ 20 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nero without restriction.
§ 21 Limitation on Bringing Causes of Action
YOU AND NERO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF MY NERO MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.