TERMS AND CONDITIONS OF USE FOR NDEBOX.COM
These Terms and Conditions of Use (the “Terms and Conditions”) for ndebox.com (the “Website”) are between a user of the Website (“User”) and ndebox.com Corporation (“NDEBOX”).
GENERAL RULES
Access to the Website or use of the Website content constitutes User’s agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. The user agrees to read these Terms and Conditions of Use carefully before using the website. NDEBOX reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User’s continued use of the Website affirmatively indicates User’s acknowledgment of such changes and User’s agreement to be bound by the Terms and Conditions as modified. Moreover, ndebox.com does not upload music, or any content on behalf of the User’s. Thus, User agrees that all content uploaded by the User, is in fact, rightfully owned by the User; copyright infringement in any manner is strictly prohibited.
Unless otherwise agreed in writing, User’s right to use the Website is not transferable and is subject to any restrictions established by NDEBOX. NDEBOX may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Illegal activity is strictly prohibited and any content, or account may be subject to immediate termination. NDEBOX may also impose limits on certain features and services or restrict User’s access to parts or all of the Website without notice or liability.
ACCESS TO THE WEBSITE
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of NDEBOX. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user. User hereby acknowledges that, as between NDEBOX and User or any party acting through User, all title to and ownership of the Website and its content remains vested in NDEBOX and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and NDEBOX remain NDEBOX’s exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all NDEBOX copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User’s bona fide development of artistic work, or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Web site to be used by any party whatsoever for purposes not connected with User’s non-commercial, legitimate business purposes. User agrees to report promptly to NDEBOX any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions. User shall notify the Website’s Webmaster of any known or suspected unauthorized use(s) of the Website through User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s means of access. User may not share User’s means of access with others. User acknowledges that User is responsible for all usage or activity on User’s Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity is strictly prohibited and may be grounds for “immediate” termination of User’s account, at NDEBOX’s sole discretion, and User may be referred to appropriate law enforcement agencies. User shall not upload any content that may be deemed child pornography, and agrees to report such content. User agrees to indemnify, defend, and hold NDEBOX harmless against liability for any and all use of User’s account.
AUTHORIZED USAGE OF THE WEBSITE CONTENT
The contents of the Website are intended for the direct benefit of User’s artistic work. All materials displayed on the Website (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the “Content”) are protected by copyright, and owned or controlled by NDEBOX or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other trademark or patent laws. Copying or storing of any Content for other than User’s legitimate artistic work is expressly prohibited without the prior written permission of NDEBOX, or the copyright holder identified in the individual Content’s copyright notice. In no event shall the User alter or delete any author attribution or copyright notice.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part. NDEBOX shall not be used for any other marketing purpose; no use is permitted which benefits any party other than NDEBOX or User. NDEBOX and other NDEBOX products referenced on ndebox.com are either trademarks or registered trademarks of NDEBOX Corporation. Other featured logos, products, and company names are or may be service/trademarks of their respective owners.
MERCHANT SERVICES
NDEBOX does not collect any money, or credit card information. All money is paid to a Third Party Merchant service. NDEBOX will not be responsible for any refunds. However, the “User” may submit a claim to our customer service department for further review.
WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
Neither NDEBOX nor ndebox.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Website by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at User’s sole risk. NDEBOX reserves the right but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Website. THE WEBSITE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER NDEBOX NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER’S INABILITY TO USE, OR USER’S USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF NDEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE WEBSITE DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER’S RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST NDEBOX. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK.
The Website contains links to other related Internet sites, resources, and sponsors of the website. NDEBOX is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link’s site administrator or webmaster. NDEBOX is not responsible for the contents of any linked site or any link contained in a linked site. NDEBOX is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by NDEBOX of the linked site or its contents.
GENERAL PROVISIONS
These Terms and Conditions shall be construed and enforced in accordance with Oklahoma law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Tulsa, Oklahoma. Any rights not expressly granted to the User in these Terms and Conditions are reserved to NDEBOX. Any failure by NDEBOX to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between NDEBOX and User concerning User’s use of the Website and supersede any prior understanding or agreement whether oral or written.
