We (the folks at Nozzl) run the Nozzl Effortless Content service to help you keep your website up to the minute with fresh, professionally curated content. To display a Nozzl Player on your site, please register with us to obtain a Stream Player ID. Nozzl PIDs are paid licenses for commercial use. Please make sure you read through, understand and agree with the terms of this agreement before you start to display Nozzl Effortless Content.
THE FINE PRINT
1. General. To purchase a PID embed code you must first register with the Website. After purchasing a subscription to a Stream Player, you will be able to use the Service — that is, to display the Stream Player content on your website. Nozzl may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will Nozzl be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
3. Subscription. If you subscribe to a Stream Player account, you may choose the monthly payment plan or the 20 percent discounted yearly plan. PID embed codes will be charged a subscription fee at the beginning of each month (after a one-time free 30-day trial). You agree to pay Nozzl the subscription fees as indicated in the payment schedule presented to you when subscribing to a Stream Player. Nozzl reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your continued use of the PID embed code constitutes your acceptance of all of the changed payment and fee terms.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages delivered in the Nozzl Stream Player content. Nozzl does not have any control over those independent websites and webpages, and is not responsible for their contents or their use. By including in the Stream Player content a link to a website or webpage, Nozzl does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Nozzl disclaims any responsibility for any harm resulting from your use of links provided by the Service.
5. Copyright Infringement and DMCA Policy. As Nozzl asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Website or linked to by the Service violates your copyright, you are encouraged to notify Nozzl in accordance with Nozzl’s Digital Millennium Copyright Act (“DMCA”) Policy. Nozzl will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Nozzl or others, Nozzl may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, Nozzl will have no obligation to provide a refund of any amounts previously paid to Nozzl.
6. Trademarks. Nozzl, Nozzl Real-Time Technologies, Nozzl.com, Flow.Nozzl.com, Nozzl Stream Player, and all other trademarks, service marks, graphics and logos used in connection with Nozzl.com, or the Website are trademarks or registered trademarks of Nozzl or Nozzl’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nozzl or third-party trademarks.
7. Changes. The Website, Service, and these Terms of Service may be changed at the sole discretion of Nozzl and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and so should periodically review these Terms of Service.
8. Communications with Nozzl. All notices and other communications to Nozzl required under this Agreement should be directed to the Nozzl contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
9. Limitation of warranties of Nozzl, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Nozzl, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Nozzl makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying spam or other content not appropriate to the service and Nozzl Stream Player subscribed to. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Nozzl, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
10. Limitation of liability of Nozzl, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Nozzl, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Nozzl, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Nozzl, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Nozzl during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 10 represents a reasonable allocation of risk.
12. Indemnification. You agree to defend, indemnify and hold harmless Nozzl, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms of Service.
13. Termination. Nozzl may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms of Service automatically terminates the license to use the Service and this Website and to use your PID embed code. You may terminate these Terms of Service for any reason upon thirty (30) days prior written notice to Nozzl.
14. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
15. Miscellaneous. These Terms of Service constitute the entire agreement between Nozzl and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nozzl, or by the posting by Nozzl of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms of Service, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Nozzl may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.