End User Licence Agreement (EULA)

INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE

Welcome to the NonsenseLabs Inc. ("We", "Our") any and all mobile device software application, web site, web widgets, feeds and applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by NonsenseLabs Inc. (collectively, the "Services" or "Software"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the NonsenseLabs Inc. Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.

BEFORE USING ANY NONSENSELABS INC. SERVICES AND OR SOFTWARE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE NONSENSELABS INC. SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE NONSENSELABS INC. SERVICES IMMEDIATELY

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND NONSENSELABS INC.
You may receive a copy of this Agreement by emailing us at: [email protected]

PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES

NonsenseLabs Inc.'s Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information. When using any of the NonsenseLabs Inc. Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines").

MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the NonsenseLabs Inc. Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on NonsenseLabs Inc. Services.

OWNERSHIP; PROPRIETARY RIGHTS

The NonsenseLabs Inc. Services are owned and operated by NonsenseLabs Inc.. The NonsenseLabs Inc. Software, content, visual interfaces, information, graphics and/or graphical elements, design, compilation, computer code, products, software, services, communication protocols, security protocols, storage techniques including, but not limited to, the mobile device applications, and all other elements of the NonsenseLabs Inc. Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the NonsenseLabs Inc. Services are the property of NonsenseLabs Inc. or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the NonsenseLabs Inc. Services are proprietary to NonsenseLabs Inc. or its affiliates and/or third-party licensors. Except as expressly authorized by NonsenseLabs Inc., you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

ACCOUNT INFORMATION

All the NonsenseLabs Inc. Services are unavailable to persons under the age of 14 or to any Users suspended or removed from the NonsenseLabs Inc. Services by NonsenseLabs Inc.. You agree that the information you provide to NonsenseLabs Inc. upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. will not in any event be held responsible for inaccurate and/or misrepresented user information.

ACCOUNT INFORMATION

When you register for the NonsenseLabs Inc. Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your account, you should keep your password strictly confidential at all times. YOU MUST NOTIFY NonsenseLabs Inc. IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR NonsenseLabs Inc. ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

USAGE RULES; PROHIBITED CONDUCT & USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

  • use the NonsenseLabs Inc. Services or any information displayed within the NonsenseLabs Inc. Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other users without their consent;
  • use the NonsenseLabs Inc. Services if you are under the age of 14 years old;
  • post offensive or pornographic materials on any of the NonsenseLabs Inc. Services;
  • use the NonsenseLabs Inc. Services for any commercial or non-private use, without specifically being authorized to do so by NonsenseLabs Inc.;
  • use the NonsenseLabs Inc. Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
  • make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the NonsenseLabs Inc. Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the NonsenseLabs Inc. Services accounts of other Users;
  • share NonsenseLabs Inc.-issued passwords or access to your mobile device while NonsenseLabs Inc. is running and accessible with any third party or encourage any other user to do so;
  • misrepresent the source, identity or content of information transmitted via the NonsenseLabs Inc. Services;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the NonsenseLabs Inc. Services, features that prevent or restrict use or copying of any content accessible through the NonsenseLabs Inc. Services, or features that enforce limitations on use of the NonsenseLabs Inc. Services;
  • intentionally interfere with or damage operation of the NonsenseLabs Inc. Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • use the NonsenseLabs Inc. Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the NonsenseLabs Inc. Services could lead directly to death, personal injury, or severe physical or property damage.
  • attempt to gain unauthorized access to the NonsenseLabs Inc. Services, or any part of it, other accounts, computer systems or networks connected to the NonsenseLabs Inc. Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the NonsenseLabs Inc. Services or any activities conducted on the NonsenseLabs Inc. Service;
  • use any robot, spider, scraper or other automated means to access the NonsenseLabs Inc. Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the NonsenseLabs Inc. Services or modify the NonsenseLabs Inc. Services in any manner or form, nor to use modified versions of the NonsenseLabs Inc. Services, including (without limitation) for the purpose of obtaining unauthorized access to the NonsenseLabs Inc. Services; or
  • sell or transfer or allow another person to access your account password, profile, or NonsenseLabs Inc. Services account.

USAGE; REFUSAL OR SUSPENSION OF SERVICE

NONSENSELABS INC. RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS. ACCORDINGLY, NonsenseLabs Inc. ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE SERVICES FOR ANY REASON AND WITHOUT ANY NOTICE.

You alone are responsible for your involvement with other Users. NonsenseLabs Inc. reserves the right, but has no obligation, to monitor disagreements between you and other Users.

NonsenseLabs Inc. does not control the content of User accounts and/or user generated information including but not limited to ratings, comments, reviews, likes, favorites etc. and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the NonsenseLabs Inc. Services and/or share with other users via NonsenseLabs Inc. Services.

PLEASE NOTE: NONSENSELABS INC. RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

USER SUBMISSIONS

The NonsenseLabs Inc. Services may accept submission of content by you and other Users ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize NonsenseLabs Inc. to use, all intellectual property and any 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 the NonsenseLabs Inc. Services and this Agreement;

By submitting User Submissions to NonsenseLabs Inc., you hereby grant NonsenseLabs Inc. a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the NonsenseLabs Inc. Services and NonsenseLabs Inc.'s (and its successor's) business, including without limitation for promoting and redistributing part or all of the NonsenseLabs Inc. Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the NonsenseLabs Inc. Services a non-exclusive license to access your User Submissions through the NonsenseLabs Inc. Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the NonsenseLabs Inc. Services and under this Agreement.

You understand that when using the NonsenseLabs Inc. Services you may be exposed to User Submissions from a variety of sources, and that NonsenseLabs Inc. 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 NonsenseLabs Inc. with respect thereto.

NonsenseLabs Inc. assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, NonsenseLabs Inc. does not guarantee any confidentiality with respect to any User Submissions. NonsenseLabs Inc. assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time NonsenseLabs Inc. chooses, in its sole discretion, to monitor User Submissions, NonsenseLabs Inc. nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, NonsenseLabs Inc. does not endorse and has no control over the content of User Submissions submitted by other Users. NonsenseLabs Inc. makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, NonsenseLabs Inc. reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

The NonsenseLabs Inc. Services may include links to other web sites or services. NonsenseLabs Inc. does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, NonsenseLabs Inc. makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NonsenseLabs Inc. Services are solely between you and such advertiser. You agree that NonsenseLabs Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the NonsenseLabs Inc. Services.

Parties other than NonsenseLabs Inc. may provide services or sell products via the NonsenseLabs Inc. Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. NonsenseLabs Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

END USER LICENSES

LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the NonsenseLabs Inc. Software you must have a computing device compatible with the NonsenseLabs Inc. Services. Computing device in this context is including but not limited to a smartphone, tablet, laptop, desktop or a wearable/portable device. NonsenseLabs Inc. does not warrant that the NonsenseLabs Inc. Services will be compatible with your computing device partially or in their entirety

  • License Grant: NonsenseLabs Inc. hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the NonsenseLabs Inc. Software
  • Restrictions: You may not: (i) modify, disassemble, decompile or reverse engineer the NonsenseLabs Inc. Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the NonsenseLabs Inc. Software to any third party or use the NonsenseLabs Inc. Software to provide time sharing or similar services for any third party; (iii) make any copies of the NonsenseLabs Inc. Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the NonsenseLabs Inc. Software, features that prevent or restrict use or copying of any content accessible through the NonsenseLabs Inc. Software, or features that enforce limitations on use of the NonsenseLabs Inc. Software; or (v) delete the copyright and other proprietary rights notices on the NonsenseLabs Inc. Software.
  • Software Upgrades: You acknowledge that NonsenseLabs Inc. may from time to time issue upgraded versions of the NonsenseLabs Inc. Software, and may automatically electronically upgrade the version of the NonsenseLabs Inc. Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
  • Open Source: With respect to any open source or third-party code that may be incorporated in the NonsenseLabs Inc. Software, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
  • Rights Reserved: The foregoing license grant under this Agreement is not a sale of the NonsenseLabs Inc. Software or any copy thereof and NonsenseLabs Inc. or its third party partners or suppliers retain all right, title, and interest in the NonsenseLabs Inc. Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. NonsenseLabs Inc. reserves all rights not expressly granted under this Agreement.

VIOLATIONS; TERMINATION

You agree that if NonsenseLabs Inc. in the good faith believes that you have violated any of the terms and conditions of this Agreement, it may terminate any account or subscription (or any part thereof) you have with the NonsenseLabs Inc. Services or use of the NonsenseLabs Inc. Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that NonsenseLabs Inc. may terminate any part of the NonsenseLabs Inc. Services if (1) the partner with whom we offered the service to you has terminated its relationship with NonsenseLabs Inc. or ceased to offer the service to you, (2) in NonsenseLabs Inc. 's opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the NonsenseLabs Inc. Services or any account you may have or portion thereof may be effected without prior notice, and you agree that NonsenseLabs Inc. will not be liable to you or any third-party for any such termination. NonsenseLabs Inc. does not permit copyright infringing activities on the NonsenseLabs Inc. Services, and reserves the right to terminate access to the NonsenseLabs Inc. Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the NonsenseLabs Inc. Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies NonsenseLabs Inc. may have at law or in equity.

DISCLAIMERS; NO WARRANTIES

THE NONSENSELABS INC. SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NONSENSELABS INC. SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NONSENSELABS INC., AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION NONSENSELABS INC. THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE NONSENSELABS INC. DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN SOFTWARE.

NONSENSELABS INC. AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION NONSENSELABS INC.'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NONSENSELABS INC. SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NONSENSELABS INC. SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NONSENSELABS INC. MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. THE NONSENSELABS INC. FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.

NONSENSELABS INC., AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION NONSENSELABS INC.'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE NONSENSELABS INC. SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT NONSENSELABS INC. OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED DIRECTLY OR INDIRECTLY TO THE NONSENSELABS INC. SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE NONSENSELABS INC. SERVICES AT YOUR OWN DISCRETION AND RISK.

INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold NonsenseLabs Inc., its affiliated companies, and its suppliers and partners (including, without limitation, NonsenseLabs Inc.'s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any information or the NonsenseLabs Inc. Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement. NonsenseLabs Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.

LIMITATION OF LIABILITY AND DAMAGES

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL NonsenseLabs Inc. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, NonsenseLabs Inc.'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR PERSONAL AND/OR GENERAL INFORMATION; (B) YOUR USE OR INABILITY TO USE THE NonsenseLabs Inc. SERVICES; (C) THE NonsenseLabs Inc. SERVICES GENERALLY OR THE NonsenseLabs Inc. SOFTWARE OR SYSTEMS THAT MAKE THE NonsenseLabs Inc. SERVICES AVAILABLE; OR (D) THE INACCURACY OF THE INFORMATION PROVIDED BY NonsenseLabs Inc. ; (E) ANY OTHER INTERACTIONS WITH NonsenseLabs Inc. OR ANY OTHER USER OF THE NonsenseLabs Inc. SERVICES, EVEN IF NonsenseLabs Inc. OR A NonsenseLabs Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL NonsenseLabs Inc.'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, NonsenseLabs Inc.'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE NonsenseLabs Inc. SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE NonsenseLabs Inc. SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN NonsenseLabs Inc. AND RECEIVED THROUGH OR ADVERTISED ON THE NonsenseLabs Inc. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE NonsenseLabs Inc. SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT NonsenseLabs Inc.'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

It is NonsenseLabs Inc.'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, NonsenseLabs Inc. will promptly terminate without notice the accounts of Users that are determined by NonsenseLabs Inc. to be "repeat infringers." A repeat infringer is a User who has been notified by NonsenseLabs Inc. of infringing activity violations more than twice and/or who has had a User Submission removed from the NonsenseLabs Inc. Services more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any NonsenseLabs Inc. Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing NonsenseLabs Inc. 's Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable NonsenseLabs Inc. Services are covered by a single notification, a representative list of such works on the applicable NonsenseLabs Inc. Services;
  3. 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, and information reasonably sufficient to permit NonsenseLabs Inc. to locate the material;
  4. Information reasonably sufficient to permit NonsenseLabs Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

NonsenseLabs Inc.'s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at [email protected]

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability .

MISCELLANEOUS

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law.

Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the NonsenseLabs Inc. Services shall be filed only in the state or federal courts in and for Norfolk County, Massachusetts and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either NonsenseLabs Inc. or you may demand that any dispute or claim between NonsenseLabs Inc. and you about or involving the NonsenseLabs Inc. Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in Boston, Massachusetts, USA and, if so demanded by NonsenseLabs Inc. or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in Boston, MA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent NonsenseLabs Inc. from seeking injunctive relief in a court of competent jurisdiction.

Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Notices. You agree that NonsenseLabs Inc. may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the NonsenseLabs Inc. Services. Notice will be deemed given twenty-four hours after email is sent, unless NonsenseLabs Inc. is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the NonsenseLabs Inc. Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the NonsenseLabs Inc. Services are deemed given and binding 30 days following the initial posting.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by NonsenseLabs Inc. without restriction.

Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to the NonsenseLabs Inc. Services.

Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by NonsenseLabs Inc. as set forth in Section entitled MODIFICATION OF THIS AGREEMENT above.

Claims. YOU AND NonsenseLabs Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NonsenseLabs Inc. SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.