Terms of Service

By using Nuvotion, you agree to be bound and abide by the following terms and conditions, and any amendments thereto that may be presented to you from time to time (collectively, the “Terms”).

Use of Nuvotion LLC

Nuvotion is the proprietary property of Nuvotion LLC. Nuvotion is protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and may only be used or accessed as specifically provided for in these Terms. You agree that you will only use Nuvotion if you are of legal age to form a binding contract and are 18 years or older. If you are under 18, you may use Nuvotion only with the involvement of a parent or guardian who agrees to these Terms.

Appropriate Conduct

You agree that you are responsible for your own conduct and any sound, photographs, graphics, video, messages or other materials (“Content”) that you create, upload or display while using Nuvotion and for any consequences thereof.

You agree to use Nuvotion only for purposes that are legal, proper and in accordance with these Terms and not to upload or display any Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.

You further agree, represent and warrant that you will not upload or display any Content that violates any intellectual property rights of a third party.

Limited License to Use

You have a limited license to use Nuvotion for the purpose of creating art and digital media, provided that you do not (and do not allow any third party to) reproduce, duplicate, copy, modify, create a derivative work of, reverse engineer, de-compile, or otherwise attempt to discover any source code, or sell, assign, trade, exploit for any commercial purposes, sublicense, grant a security interest in or otherwise transfer any right in any portion of Nuvotion, unless such activity is specifically authorized by Nuvotion LLC in writing.

You agree that Nuvotion LLC may at any time and for any reason, including a period of account inactivity, terminate your access to Nuvotion, terminate the Terms, or suspend or terminate your account.

You also agree not to remove, obscure, or alter Nuvotion LLC’s copyright notice, trademarks, logos, watermarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any recordings made with Nuvotion.

License to Nuvotion LLC

You agree that Nuvotion LLC has the worldwide, perpetual and irrevocable license to use, reproduce, duplicate, copy, modify, create derivative works of, display and perform all or portions of your Content for the sole purpose of supporting, improving, promoting or otherwise marketing products and services of Nuvotion LLC.

Except as you may otherwise agree in writing, Nuvotion LLC will not distribute or commercialize your Content for any other purposes.

Indemnity

You agree to hold harmless and indemnify Nuvotion LLC and its affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Nuvotion LLC and Partners”) from and against any third party claim arising from or in any way related to the Content, your use of Nuvotion, violation of the Terms or any other actions connected with use of Nuvotion LLC services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

In such a case, Nuvotion LLC will provide you with written notice of such claim, suit or action, and, at Nuvotion LLC’s option, Nuvotion LLC may tender defense of such claim, suit or action to you.

Disclaimer of Warranties

You expressly understand and agree that:

• Your use of Nuvotion is at your sole risk. Nuvotion LLC services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Nuvotion LLC and Partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement;

• Nuvotion LLC and Partners do not warrant that (i) Nuvotion will meet your requirements, (ii) Nuvotion will be uninterrupted, timely, secure, or error-free, and (iii) any errors in the software will be corrected;

• Any material downloaded or otherwise obtained through the use of Nuvotion is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material;

• No advice or information, whether oral or written, obtained by you from Nuvotion LLC shall create any warranty not expressly stated in the Terms.

Limitation of Liability

You expressly understand and agree that Nuvotion LLC and Partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nuvotion LLC or Partners have been advised of the possibility of such damages) resulting from your use of or the inability to use Nuvotion or any other matter relating to Nuvotion LLC.

You and Nuvotion LLC intend that all limitations and exclusions of liability in these Terms that are lawful will apply to you, and our liability will be limited to the maximum extent permitted by law.

These Terms shall be governed by the internal laws of the State of Illinois without regard to conflicts of laws.

All claims arising under these Terms shall be made exclusively in the state or federal courts having jurisdiction in Cook County, Illinois.

Notice

You agree that Nuvotion LLC may provide you with notices, including those regarding changes to the Terms, by postings on this website.