Terms of Service
and Conditions
1. The NXZSound Service
NXZSOUND Options and Access
NXZSOUND offers a variety of options to match your listening preferences. Some features are available for free, while others unlock additional perks and control through Paid Subscriptions. We may also occasionally present limited-time offers, special memberships, or bundled services, which could include collaborations with other providers. However, please note that NXZSOUND is not responsible for the quality or performance of any products or services offered by these third parties.
External Integrations and Open Software
The NXZSOUND platform may connect or interact with external applications, websites, and services (“Third-Party Apps”), as well as various types of third-party devices (“Devices”). Utilizing these Third-Party Apps and Devices might carry additional terms, conditions, and policies set by the relevant third party. NXZSOUND cannot guarantee flawless compatibility between Third-Party Apps/Devices and the NXZSOUND platform.
Service Enhancements and Modifications
We strive to maintain NXZSOUND’s functionality and offer you a personalized, immersive audio experience. However, NXZSOUND reserves the right to modify its service offerings and availability periodically, without prior notice or obligation to you. This includes:
- Occasional interruptions due to technical issues, maintenance, testing, or updates (including those mandated by changes in relevant laws and regulations).
- Ongoing improvements and adjustments to the NXZSOUND platform. We may modify, temporarily or permanently suspend, or even discontinue access to all or parts of the service (including specific functionalities, features, subscription plans, and promotional offers).
- NXZSOUND is not obligated to offer any specific content on the platform, and we or the respective rights holders may remove certain songs, videos, podcasts, and other content without prior notice.
- For prepaid subscriptions, if NXZSOUND permanently discontinues the service before your prepaid period ends (as defined in the “Payments and Cancellations” section below), we will refund you a prorated portion of the prepaid fees for the remaining period. Please ensure your account and billing information are up-to-date to facilitate refunds.
- NXZSOUND assumes no liability for service interruptions or failures arising from actions of government authorities, other third parties, or events beyond our control.
2. Agreement & Permissions
By uploading or distributing any audio or visual content to NXZSOUND, you (“User”) represent and warrant that you have the full legal access, permission, and rights to distribute and upload such content. You further agree to hold NXZSOUND harmless from any and all legal issues that may arise from your uploaded content. Additionally, by uploading or distributing content to NXZSOUND, you grant NXZSOUND the non-exclusive, perpetual, worldwide right to license, stream, and monetize such content on the NXZSOUND platform. This includes, but is not limited to, the right to reproduce, transmit, adapt, publicly display, and distribute your content. Furthermore, you grant NXZSOUND the full legal right to use your Name, image, and Likeness (“NIL”) for promotional purposes on all available social media platforms, outlets, broadcast outlets, TV outlets, streaming outlets, print outlets, and any other media deemed appropriate by NXZSOUND. By using NXZSOUND and uploading content, you expressly agree to these terms and conditions.
3. Content and Intellectual Property Rights
You are solely responsible for all User Content you post.
With respect to any User Content you post on NXZSOUND, you promise that:
- You own or have the right to post such User Content.
- Such User Content, or its use by NXZSOUND pursuant to the license granted below, does not:
- violate these Terms, including the NXZSOUND User Guidelines, applicable law, or the intellectual property or other rights of any third party.
- imply any affiliation with or endorsement of you or your User Content by NXZSOUND or any artist, band, label, or other individual or entity without the prior express written consent from NXZSOUND or such individual or entity.
When posting or sharing User Content or other information on NXZSOUND, please remember that content and other information will be publicly accessible and may be used and re-shared by others online. Be cautious and mindful of your account settings. NXZSOUND is not responsible for what you or others post or share on the platform.
Monitoring User Content
NXZSOUND may, but has no obligation to, monitor or review User Content. While we prioritize a safe and enjoyable platform for everyone, we reserve the right to remove or disable access to any User Content for any reason, at our sole discretion. This includes, but is not limited to, content that violates our User Guidelines, applicable laws, or infringes on the intellectual property rights of others. Please note that these actions may be taken without prior notification to you.
Licenses you grant to NXZSOUND
Ownership of User Content:
You retain ownership of your User Content when you post it to the NXZSOUND platform. However, to make it available and enhance your experience, we require a limited license from you.
License Grant:
Therefore, you hereby grant NXZSOUND a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to:
- Reproduce, make available, perform and display: This allows us to share your User Content with other users and within the NXZSOUND platform.
- Translate and modify: We may need to adjust your content for technical reasons or adapt it to different languages.
- Create derivative works: This permits us to build upon your creations for improved user experience or promotional purposes.
- Distribute and otherwise use: This covers any necessary use of your content within the NXZSOUND platform or in connection with our services.
Rights Waiver:
Where applicable and legally permitted, you agree to waive any “moral rights” or equivalent rights associated with your User Content, including the right to be identified as the author and the right to object to modifications.
In simpler terms:
You control your content, but by sharing it on NXZSOUND, you grant us permission to use it in various ways to enhance your experience and others’ engagement with the platform. This includes displaying it, modifying it slightly for technical reasons, and potentially using it for promotional purposes. We value your creative contributions and aim to utilize them responsibly within the limitations outlined.
Feedback
If you share ideas, suggestions, or other feedback (“Feedback”) related to your use of NXZSOUND or its Content, be aware that such Feedback is not confidential and may be used by NXZSOUND without any restrictions or compensation to you. This Feedback falls under the category of User Content as defined in these Terms.
Your Device
Additionally, you grant us the following rights:
- To authorize the NXZSOUND service to use your device’s processor, bandwidth, and storage to facilitate its operation.
- To display advertising and other relevant information to you on your device.
- To permit our business partners to do the same as outlined in points 1 and 2.
4. Problems And Disputes
NXZSOUND Warranty Disclaimers
THE NXZSOUND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, NXZSOUND AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER NXZSOUND NOR ANY OWNER OF CONTENT WARRANTS THAT THE NXZSOUND SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
IN ADDITION, NXZSOUND MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE NXZSOUND SERVICE OR ANY HYPERLINKED WEBSITE, AND NXZSOUND IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM NXZSOUND SHALL CREATE ANY WARRANTY ON BEHALF OF NXZSOUND.
While using the NXZSOUND service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content.
This section applies to the fullest extent permitted by applicable law.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
Limitation of Liability and Time for Filing a Claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE NXZSOUND SERVICE IS TO UNINSTALL ANY NXZSOUND SOFTWARE AND TO STOP USING THE NXZSOUND SERVICE. YOU AGREE THAT NXZSOUND HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE NXZSOUND SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO NXZSOUND, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NXZSOUND, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
- (1) Any indirect, special, incidental, punitive, exemplary, or consequential damages;
- (2) Any loss of use, data, business, or profits (whether direct or indirect),
in all cases arising out of the use of or inability to use the NXZSOUND service, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether NXZSOUND has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
Please note that you may have additional rights under applicable laws.
