Terms of Use

Updated and Effective as of April 16th, 2021

Welcome to the Internet sites (“Sites”) and services provided by Nodball Media (collectively, the “Services”). These Terms of Use govern your access and use of the nodball.com (the “Blog”), radio.nodball.com (the “Podcasting Network”) and boards.nodball.com (the “Forums”/”Messaging Service”). Please read these Terms carefully before accessing or using the Services.

By joining, or each time you access and use the Services, you signify that you have read and understand, and agree to be bound by, these Terms. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you do not agree to these terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us here. If we have to contact you or give you notice in writing, we will do so by email or post to any (email) address you provide to us.

Important Notices:

  • Your access to and use of the Services is also governed by our Privacy Policy located here.
  • We recommend that you print a copy of these Terms and the Privacy Notice for your future reference.

Membership and participation on the services

The Sites and Services of Nodball Media allows anybody to read, interact and/or download the content. You are not obligated to register for an account to use said Sites and Services or leave comments. However, access to additional features and posting on the Forums is only available to registered users.

When you register for an optional Account, you will provide us with your email address and birth date. Passwords will be automatically generated. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You must be 13 and older in order to leave comments and/or register for an Account. You must be 18 and older in order to read and post in designated explicit sections of the Sites and Services provided.

You are solely responsible for maintaining the confidentiality and security of your email and password, and you will remain responsible for all use of your email and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to contact Nodball Media at the earliest possibility.

We reserve the right to change Account information in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use.

Community guidelines

Nodball Media fosters a safe, creative and informative community for all to enjoy through our community guidelines. By posting or registering/using an Account, you agree to abide by the community guidelines at any all times, including, without limitation, the following:

  1. You may not use the Sites and Services to post abusive, exploitative, pornographic, explicit (except wherever designated) and illegal (pirated, virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component) content.
  2. You may not use any techniques (libel or defamation) to bully, cause unnecessary drama, extort, stalk or otherwise intimidate users of the Sites and Services.
  3. You are prohibited from posting personal information (social security number, addresses (work or personal), private pictures, credit card numbers (with CCV), phone numbers, private account information) on other users. You must be responsible for personal information you choose to release about yourself.
  4. You are prohibited from posting anything that promotes terrorism, incites violence, illegal acts or promotes hatrid based on race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable to the Sites and Services reasonable discretion.
  5. You cannot engage in unsolicited advertising or any kind of spam.

You will ultimately be responsible for your adherence to the community guidelines as well as your behavior on said Sites and Services. Anybody will be able to report users (unregistered or registered) by either using the reporting functionality or by contacting Nodball Media.

Nodball Media reserves the right to remove or delete any content at any time if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Community Guidelines or applicable law.

Your content

Any and all text, comments and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Sites and Services (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by Nodball Media.

Nodball Media does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

We may, from time to time, invite or provide you with means to provide feedback regarding the Sites and Services, and in such circumstances, any feedback you provide will be deemed non-confidential and Nodball Media shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

Repeat infringers

Nodball Media will suspend or terminate your account or commenting privileges to the Sites and Services if Nodball Media determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use or our Community Guidelines.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Nodball Media at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use or our Community Guidelines.

Disclaimer

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

NODBALL MEDIA MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT. NODBALL MEDIA DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NODBALL MEDIA SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Changes to the Sites and Services

Nodball Media reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Sites and Services or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Nodball Meia shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that Nodball Media shall not be liable to you or to any third party for any changes or modifications to the Website, and/or any Services that Nodball Media may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof.

Nodball Media may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any Subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire agreement

These Terms, together with the terms of any end user license agreement, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.