Legal - Nightfox Audio

NIGHTFOX AUDIO Privacy Policy

Nightfox Audio, Inc. (“Nightfox”, “Company”, “we” or “us”) is committed to the privacy of our clients, website visitors, and users of our applications, products, and services. This privacy policy (“Privacy Policy”) discloses what information is gathered about visitors to our website (“Website”) and users of our applications, products, and services (collectively the “Service(s)”), however accessed, and how that information is used. We have designed this Privacy Policy to identify how we collect, use, store and share your personal information.

SCOPE OF PRIVACY POLICY

We obtain and process Personal Information in different capacities. When we collect or process Personal Information for our own purposes, meaning that we determine how and what Personal Information is processed, we are the data controller. This Privacy Policy applies to our collection, use, disclosure, and protection of Personal Information where we are the data controller. It does not apply to Personal Information we process on behalf of our customers who are using our Services based on their instructions. Any Personal Information we collect or process on behalf of our customers is covered by the customer’s privacy policies and notices.

WHAT IS PERSONAL INFORMATION?

For purposes of this Privacy Policy, “Personal Information” means information that alone or in combination identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

We collect certain categories of Personal Information. The categories and a description of the types of data collected in each category are as follows:

Category	Examples of Personal Information Collected
Identifiers	A real name, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.
Customer Records	Name, address, telephone number and employment.
Commercial Information	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories and tendencies.
Employment Information	Employment history, resume, references, contact information, emergency contact information, professional certifications, associations, disciplines, pay requirements, licenses and certifications held, skills, and experience.
Internet Activity	Browsing history and information on a consumer’s interaction with our website.
Geolocation Data	Imprecise location information, like the city, state and ZIP code associated with your IP address.

SOURCES OF PERSONAL INFORMATION AND THE PURPOSES FOR WHICH WE COLLECT AND USE IT

Nightfox obtains the categories of Personal Information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Website or from information your computer or mobile device transmits when interacting with our Website or mobile applications, among other things.
From third-party data sources. For example, from payment processors and fulfillment of products ordered.

We collect this Personal Information from you for the purposes described below.

Purpose for Collection and Use

Examples

Category of Data

Business Purpose

● To facilitate transactions

● To improve products and services

● To provide customer service

● To create accounts

● To inform our business strategies

● To engage in product research and development

● To monitor and improve our products and services

● To administer surveys

● Identifiers

● Customer Records

● Internet Activity

Communication Purposes

● To respond to your requests or inquiries

● To send you newsletters and updates

● To provide information about our products and services

● Identifiers

● Customer Records

Website Management Purposes

● To troubleshoot problems with the Website

● To help improve the Website

● Identifiers

● Internet Activity

Marketing & Advertising Purposes

● To serve you targeted advertising

● To send you email promotions

● Identifiers

● Internet Activity

For Compliance and Legal Purposes

● To protect our legal rights and the rights of third parties

● Identifiers

● Customer Records

Analytics

● To perform analytics on your use of the Website

● To understand the demographics and user preferences of Website visitors

● Identifiers

● Internet Activity

● Geolocation Data

INFORMATION WE COLLECT FROM THIRD-PARTY SOURCES

We collect Personal Information from various third-party companies and public sources as described below.

Purpose for Collection and Use	Examples	Category of Data	Third-Party Source
Marketing & Advertising Purposes	We may receive information from our third-party advertising service providers.	● Identifiers	● Service Providers ● Third-Party Marketing and Analytics Companies
Commercial Purposes	We use a third-party payment processor, Stripe. So, when you make a purchase online, we do not receive your credit card, debit card or other financial information. However, we do receive your contact information and purchase information from Stripe. To learn more about how Stripe protects your Personal Information, see their privacy policy at https://stripe.com/privacy. We may also use PayPal and WooCommerce (Automattic, Inc.) Privacy Policy – Automattic PayPal Privacy Statement	● Identifiers ● Customer Records	● Payment Processors
Website Management	We may also receive Personal Information from our third-party analytics providers.	● Identifiers ● Internet Activity	● Website-related Service Providers, including analytics providers ● Third-Party Marketing and Analytics Companies

HOW LONG DO WE KEEP YOUR INFORMATION

We retain Personal Information only as long as we have a legitimate business purpose to do so. These purposes may include retaining Personal Information in order to:

Complete the transaction for which the Personal Information was collected;
Continue our ongoing business relationship with you; and
Satisfy any legal, regulatory, tax, accounting or reporting requirements.

To determine the appropriate retention period for individual categories of Personal Information we collect, we consider the nature and sensitivity of the Personal Information; the potential risk of harm from unauthorized use or disclosure of the Personal Information; the purposes for which we process that Personal Information and whether we can fulfill those purposes through other means; and applicable legal, regulatory, tax, accounting, reporting and other requirements.

WHO WE SHARE YOUR INFORMATION WITH

Nightfox limits the release of information, and we require privacy protections in our business relationships. We may share your Personal Information when required by law, or with third parties that perform functions on our behalf or for whom we perform services. We may also share information to protect the interests of individuals or in connection with a sale of our business or a merger or acquisition.

With Whom We Disclose Personal Information	Purpose for Disclosing	Category of Information
Employees	Business Purposes: Processing orders; communicating with you; providing customer service; and improving our products and services. Website Management: Troubleshooting problems; improving the content and functionality of the Website; customizing the ways our Website is presented to you and other users.	● Identifiers
Service Providers	Business Purposes: Processing orders; providing customer service; and performing analytics. Website Management: Hosting our Website; troubleshooting problems with our Website; improving the content and functionality of the Website; and performing statistical and other analyses of the Website.	● Identifiers ● Internet Activity ● Customer Records
Third-Party Advertising Networks and Social Media Platforms	Marketing & Advertising Purposes: Sending targeted advertisements and other marketing communications. Business Purposes: Performing statistical and other data analytics for us.	● Identifiers ● Internet Activity
Government and Law Enforcement	Legal Purposes: Cooperating with law enforcement and other governmental agencies and disclosing Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information; (ii) if we are advised to disclose Personal Information by our legal counsel; or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Nightfox or any other person or entity. We may also disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.	● Identifiers ● Internet Activity ● Customer Records
Professional Advisors	Business Purposes: As necessary to receive advice from our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to us.	● Identifiers ● Customer Records
New Owners or Successors in Interest	Business Purposes: In the event of a change in ownership or control of our business, we may disclose your Personal Information in connection with a contemplated or completed strategic business transaction such as a merger, acquisition, sale of all or substantially all of our assets or stock to a subsequent owner or operator, a dissolution, bankruptcy, liquidation or other similar business transaction where Personal Information may be shared, sold or transferred to that third party, including during the due diligence process.	● Identifiers ● Internet Activity ● Customer Records
Business Affiliates including Stacks	Business Purposes: To facilitate business continuity and transactions amongst the corporate structure.	● Identifiers ● Internet Activity ● Customer Records
Other Users	Digital Millennium Copyright Act Requests. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates, in order to facilitate a prompt resolution of the copyright infringement claim.	● Identifiers

Blogs and FORUMS

Our Website may, from time to time, offer publicly accessible blogs or community forums where you can submit ideas, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content (“User Content”), including Personal Information. You should be aware that any User Content you provide in these areas may be read, collected, and used by others who access them. Please note that we do not control who will have access to the User Content that you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.

To request removal of your Personal Information from our blog or community forum, contact us at help@nightfoxaudio.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. We are not responsible for the privacy or security of any User Content that you make publicly available on the Websites or what others do with the User Content you share with them on the Websites. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Websites.

Site Analytics, COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies, beacons, tags, pixels, session replay and other tracking technologies on our Website to operate the Websites, to gather analytical data about use of the Websites and to service targeted advertising.

The below companies may collect Personal Information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection and use of your Personal Information and your rights, please use the below links.

Google Analytics

We use a tool called “Google Analytics” to collect information about use of the Website across devices. Visitors can opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ad Settings. You can opt out of Google Analytics without affecting how you visit the Website. For more information on opting out of being tracked by Google Analytics, visit this Google page.

Hotjar We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

TikTok Analytics We utilize TikTok Analytics to gather detailed information about the content that users engage with, including the specific videos they watch, the duration of their viewing sessions, and the frequency of their interactions. This data helps us understand user behavior and preferences more comprehensively. It’s important to note that TikTok Analytics may collect information that is considered personal data under various privacy laws. This means that any data collected is handled with the utmost care to ensure compliance with relevant regulations. For more detailed information, please refer to the “Information about TikTok Analytics” section on TikTok’s website Information about TikTok Analytics | TikTok.

Chat Technologies

We use chat services and software code provided by Help Scout that collect users’ interactions with the Services in a manner that allow us to monitor and review these interactions for customer service and service improvement purposes. These interactions may include users’ personal information entered into the chat window, webpages visited on our website, IP address and geographic location information such as city, state or geographic area. These interaction replays help us identify and diagnose usability problems, identify areas for improvement and improve the customer experience when using the Services. You can learn more about Help Scout by clicking here and more about Help Scout’s Privacy and Data Protection practices by clicking here: Privacy Policy – Help Scout.

Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

YOUR CONSUMER PRIVACY CHOICES

Updating your Personal Information. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing us at help@nightfoxaudio.com. We will respond to your request within a reasonable timeframe.

Opt Out of Targeted Marketing. If you wish to limit or opt out of third-party advertising, you can do one or more of the following:

Change your Browser Settings. The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be uploaded to your device, including how to disable such technologies. You can disable our cookies, or all cookies, through your browser settings, but please note, disabling cookies may impact some of the features of our Site and prevent them from operating as intended. You can learn more about cookies, including how to see what cookies have been uploaded to your device and how to manage and delete them, by visiting All About Cookies. You can also visit our [add link to cookie policy] for additional information.
Change your Preferences. To change your preferences with respect to certain online ads and to obtain more information about ad networks and online behavioral advertising visit the National Advertising Initiative Consumer Opt Out page and the Digital Advertising Alliance’s Consumer Choice Tool. Please note that even if you opt-out of receiving interest-based advertising, you may still receive advertisements, but they will be more general in nature. In addition, the electronic device you use to visit our Site may offer relevant privacy settings; please see the device settings for details.

Opt Out of Marketing Emails.You can opt out of marketing or advertising emails by clicking on the unsubscribe button in the email or contacting us at help@nighfoxaudio.com with “Unsubscribe” in the subject line. To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth in the “Contact Us” section below. Opting out of marketing communications does not prevent you from receiving other, non-marketing communications from us.

For more information about how we use cookies and other tracking technologies, and how you can exercise your choices regarding such technologies, please visit our [add link to cookie policy].

LEAVING OUR WEBSITE AND/OR LINKING TO THIRD PARTIES

When you leave our Website and go to another linked site, we are not responsible for the content or availability of the linked site. Please be advised that we do not represent either the third party or you if you enter into a transaction on the third-party site. Further, the privacy and security policies of the linked site may differ from ours.

INFORMATION SECURITY

We take the security of your Personal Information seriously. We use reasonable technical, administrative, and physical safeguards to maintain the security and privacy of Personal Information we collect and use. When disclosing Personal Information, you should remain mindful that there is always risk in sending Personal Information using the internet.

DE-IDENTIFIED / AGGREGATED DATA

We may aggregate or de-identify Personal Information we collect through our Website and when operating our business. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code. Once information or data has been de-identified and/or aggregated, such information is no longer Personal Information.

INTERNATIONAL USERS

Our Website is operated in the United States and intended for users located in the United States. Like almost every website, our Website can be accessed by an international audience. If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own.

California’s shine the light act

California Civil Code Section 1798.83 permits customers of a Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for the third parties’ direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve (12) calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to:

Nightfox Audio, Inc. Attn: Privacy 410 S 11th St Lincoln, NE 68508 help@nightfoxaudio.com

CHILDREN’S PRIVACY

We do not direct or target any of our Site, products, or services to children under the age of 13. If we learn that we have collected the Personal Information of anyone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information to us, please contact us at help. We will make reasonable efforts to remove such information from our databases.

NOTIFICATION OF CHANGES

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the top of this Policy or the top of the Website.

CONTACT INFORMATION

If you have any questions about the Privacy Policy or how we process Personal Information, please contact us at:

Nightfox Audio, Inc. Attn: Privacy 410 S 11th St Lincoln, NE 68508 help@nightfoxaudio.com

We will periodically review and update this Privacy Policy and reserve the right to change or update it.

Last updated October 29^th, 2024

NIGHTFOX AUDIO, INC. WEBSITE TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING NIGHTFOX AUDIO OR NIGHTFOX AUDIO WEBSITES.

This website is owned, managed, and operated by Nightfox Audio, Inc. (“Nightfox”). These Terms of Use and any amendments or supplements to it, form a legally binding agreement between you and Nightfox.

ACCEPTANCE OF THESE TERMS

THESE TERMS OF USE (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ITS CONTENT. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AS THESE TERMS IMPACT YOUR LEGAL RIGHTS.

IF YOU CHOOSE TO ACCESS AND USE THIS WEBSITE, YOU ARE ENTERING INTO A BINDING CONTRACT WITH NIGHTFOX IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.

COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES (ADTECH)

THIS WEBSITE MAY USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES, OR CHATBOTS (“ADTECH”). WE MAY USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE WEBSITE AND ITS CONTENT.

BY VISITING AND USING THIS WEBSITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED ABOUT YOU FROM THE USE OF ADTECH WITH THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR (LINK TO PRIVACY POLICY).

CHANGES TO THESE TERMS

We reserve the right to change these Terms at any time. All changes will be effective immediately upon posting to this Website. Each time you access or use this Website after changes are posted, you consent to those changes. Material changes will be conspicuously posted on the Website, at the top of these Terms or otherwise communicated to you.

TERMS OF USE

PRIVACY POLICY

We may collect certain personal information from you when you use this Website. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include publicly available information or aggregated information that does not include personal identifiers. We handle personal information in the manner described in our (Link To Privacy Policy).

ELIGIBILITY

To use this Website, you must be (a) 18 years or the age of majority in your state of residence; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement.

This Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.

MODIFICATIONS TO THE AGREEMENT

Nightfox may make changes to these Terms of Use from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

USER-GENERATED CONTENT

Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Nightfox a world-wide non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Nightfox and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products using such information.

You represent and warrant that (a) you own or otherwise control all the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify Nightfox for all claims relating to Your Content. You agree not to post any copyrighted material unless the copyright is owned by you.

We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Nightfox has the right, but not the obligation, to monitor and edit or remove any activity or Your Content.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE

This Website contains certain text, graphics, data, photographs, creative works, reports, and other materials (“Content”). The Website and its Content are protected by copyright, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”).

You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print Content retrieved from the Website for the sole purpose of using or placing an order via the Website or for non-commercial personal use.

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of Nightfox’s Intellectual Property or Proprietary Rights.

CHAT TECHNOLOGIES

We use chat services and software code provided by Help Scout that collect users’ interactions with the services in a manner that allow us to monitor and review these interactions for customer service and service improvement purposes. These interactions may include users’ personal information entered into the chat window, webpages visited on our website, IP address and geographic location information such as city, state or geographic area. These interaction replays help us identify and diagnose usability problems, identify areas for improvement and improve the customer experience when using the services. You can learn more about Help Scout by clicking here and more about Help Scout’s Privacy and Data Protection practices by clicking here Privacy Policy – Help Scout.

ACCEPTABLE USE POLICY

You may only use this Website for lawful purposes, and you must not use them in any way that infringes upon the rights of anyone or restricts or inhibits anyone’s use of the Website. If you use this Website and its Content, you must comply with the following restrictions:

No Copying or Republication. You are prohibited from copying the Content, images, and descriptions, except for personal use without our prior written agreement.
No Scraping. You are prohibited from accessing the Website and its Content with any robot, spider, web-crawler, script, service, scraping tool, software or any other manual or automated process or device to scrape, copy or retrieve Content from the Website.
No Unauthorized Sharing of Content. You may not modify, adapt, translate, copy, distribute, publish, re-publish, transmit, display, perform, reproduce, reuse, sell, resell, license, create derivative works of, transfer the Content, or any part of the Content obtained from the Website without our prior express written agreement.
No Linking or Framing. You may not link or frame to any pages of the Website or any Content except as may be specifically authorized by Nightfox in advance and in writing.
No Inappropriate Content. You agree not to submit any materials that are vulgar, profane, abusive, hateful, or which use sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate or that harms or is inappropriate for minors to view.
Limits on User-Generated Materials. You agree not to submit any materials that are defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, tends to mislead or reflect unfairly on any other person, business or entity or submit materials that contain copyrighted content without the express permission of the owner of the copyrights in the Content.
Protection of Intellectual Property Rights. You shall not commit any acts of infringement on or in connection with the use of the Website or its Content.
No Use with AI. You are prohibited from using or incorporating the Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system.
Protection of Personal Information. You will not disclose any personal information or image of another individual without that person’s prior written consent or, in the case of minors, without the prior written consent of their parent or legal guardian.
No Harmful Behavior. You will not submit inaccurate information via the Website or your account, commit fraud or falsify information in connection with your use of the Websites or your account, or act maliciously against the interests or reputation of Nightfox, its employees, or users of the resources provided by Nightfox. You will not interfere with another person’s or entity’s use or enjoyment of the Website or its Content. You will not use the Website for the purposes of submitting chain letters, junk mail, or spamming.
No Impersonations. You may not impersonate or attempt to impersonate another user or person when using the Website or its Content.
No Assignment. You will not sell or otherwise transfer your on-line account.
No Harassment. You will not harass, annoy, intimidate, or threaten anyone when using the Websites or its Content.
No Interference with the Operation of the Website. You will not engage in activities designed to disable, damage, change the functionality or appearance of the Websites or render the Website inoperable or to make it more difficult to use. You will not use the Website to access our network or infrastructure.
No Hacking. You will not attempt to gain unauthorized access to other computer systems from or through the Website or your account; not to upload, post, or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, or other harmful, disruptive, or destructive files or computer programming routines (“Malware”); and not to disrupt, interfere with, or otherwise harm or violate the security of the Website, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website.
No Violation of Applicable Laws. You are expressly prohibited from using the Website or its Content in violation of any applicable international, federal, state, or local laws, rules or regulations, including, but not limited to the privacy laws and the export laws of the United States.
Cooperation with Law Enforcement. Nightfox will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD NIGHTFOX HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

DISCLAIMER AS TO CONTENT

NIGHTFOX ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE.

WHILE NIGHTFOX STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP TO DATE, NIGHTFOX CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NIGHTFOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NIGHTFOX DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

NIGHTFOX MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

LIMITATION OF LIABILITY

YOU AGREE THAT YOU WILL HOLD HARLMESS NIGHTFOX, ITS EMPLOYEES AND REPRESENATIVES FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ITS CONTENT, OR OTHER WEBSITES TO WHICH IT IS LINKED.

THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THE WEBSITE OR OTHER WEBSITES TO WHICH IT IS LINKED THAT APPEAR TO YOU TO BE OR MAY OTHERWISE BE CONSTRUED AS OBSCENE, OFFENSIVE, DEFAMATORY, INACCURATE, INCOMPLETE, OR IN VIOLATION OF ANY PROPRIETARY RIGHT. IN NO EVENT WILL NIGHTFOX OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON SUCH INFORMATION OR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON DAMAGES

IN NO EVENT SHALL NIGHTFOX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, ARISING FROM OR RELATED TO THE USE OF THE WEBSITE, THE CONTENT OR THE USER-GENERATED CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO NIGHTFOX FOR ANY SERVICES OR PRODUCTS, IF ANY, OR (B) $100, WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, OR INCUR ANY LOSS OR DAMAGE OF ANY KIND IN CONNECTION WITH THE WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND THE CONTENT.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Nightfox from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

COMPLIANCE WITH STATE LAWS

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitations of liability is restricted under the applicable law, the above limitations shall nonetheless be applied to the maximum extent permitted under such law.

DIGITAL MILLENNIUM COPYRIGHT ACT

Nightfox respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner and believe content on our websites infringe upon your copyright, you may request that we remove that infringing content from our websites. If you are a copyright owner and believe that we have removed your work by mistake or misidentification, you may respond by sending us a counter notification.

Please Note: if you knowingly and materially misrepresent that any material or activity on the websites infringes your copyright or was removed by mistake or misidentification, you may be held liable for damages under the DMCA.

Required Content of a Notice of Copyright Infringement.

In accordance with the DMCA, if you believe any materials accessible on the websites infringe your copyright, you must provide a written notification (“Notice”) to our designated agent listed below, that includes the following:

Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed;
Identification of the infringing material or activity in the identified copyrighted work(s), with sufficient detail to permit us to locate the material (you may include a reference link);
A statement that you have a good faith belief that the use of the copyrighted materials described above and contained on the websites is not authorized by the copyright owner, its agent or by protection of law;
A statement that the information in the Notice is accurate;
A statement that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner that is allegedly infringed;
Your contact information, such as your name, address, telephone number and e-mail address; and
Your physical or electronic signature.

We will promptly investigate any claims of copyright infringement upon receipt of a Notice.

We will only respond to Notices that comply with applicable law. If we receive a valid Notice of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner is given the opportunity to respond with a counter notification.

The Required Content of a Counter Notification.

If we take down your materials as a result of receiving a valid DMCA Notice, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter notification in accordance with the DMCA. The counter notification must include the following:

A list of the material(s) that was removed by Badger Meter and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Lincoln, Nebraska, if your address is outside of the United States);
A statement that you will accept service of process from the person who provided the Notice to us of the alleged infringement or an agent of such person;
A statement that, under penalty of perjury, that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed;
Your contact information, such as your name, address, telephone number and e-mail address; and
Your physical or electronic signature.

If we receive a valid counter notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided the Notice that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten business days of receiving the copy of the counter notice.

Address for Notices.

Please send your DMCA notice or counter notification by overnight mail, regular U.S. mail, or e-mail to:

Nightfox Audio, Inc. Attn: Privacy 410 S 11th St Lincoln, NE 68508 help@nightfoxaudio.com

Repeat Infringers.

It is our policy to terminate repeat infringers’ use of our services, such as by terminating or disabling accounts (if applicable).

LINKS TO OTHER WEBSITES NIGHTFOX DOES NOT CONTROL

The Website may provide links to other websites and/or resources, including advertisers, over which Nightfox has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Nightfox of content, items, or services on those third-party websites. You access, view, and use such Website links, including the content, items, or services on those websites, solely at your own risk.

Nightfox makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that Nightfox has no responsibility or liability for the availability of such external Websites or resources, or for the Content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another Website, you will be subject to the Privacy Policy and the Terms of Use of such other Website.

CONDITIONS OF PURCHASE

Pricing Errors and Omissions

Nightfox takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up-to-date packaging, provided however that Nightfox reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Nightfox reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after payment has been made with our service provider.

Product Descriptions

When ordering products, please note that Nightfox does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive.

Other Terms of Purchase

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

WAIVER AND SEVERABILITY

No waiver by Nightfox of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nightfox to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No delay by Nightfox in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect Nightfox’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Nightfox in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

APP-SPECIFIC TERMS

If you obtained the Nightfox App through an application store, such as Apple, Inc.’s App Store or Google Play (each an “App Store”), you may have additional license rights related to your access and use of the App. These Terms are between you and us, and not with the operator of an App Store. No App Store provider is responsible for the maintenance of or other support services for the App. You agree to comply with any applicable App Store terms and conditions. If any App Store terms and conditions are less restrictive than these Terms or otherwise conflict with these Terms, these Terms shall govern your use of the App.

Specific to the Apple App Store, the following terms apply: (a) these Terms are between you and us only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its content; (b) your license to use the App is limited to use on any Apple electronic device such as the iPhone, iPod, iPad, or compatible device that you own or control, to the extent permitted by the usage rules set forth in the Apple App Store’s terms of service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) Apple will have no warranty obligation whatsoever with respect to the App, other than refund of the purchase price, if any, for such App, and no other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such warranty will be Apple’s responsibility; (e) Nightfox, not Apple, is responsible for addressing any claims by you or any third party relating to the App and/or your use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third‑party claim that the App or your possession and use of the App infringes that third‑party’s intellectual property rights, Nightfox, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third‑party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you, as a third‑party beneficiary.

CONSENT TO COMMUNICATIONS WITH NIGHTFOX

You verify that any contact information voluntarily provided to Nightfox, including, but not limited to, your mailing address, shipping address, email address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Nightfox.

You consent to receive communications from Nightfox including via email, phone, pre-recorded voice messages, or text, even if your phone number is on a do not call list. You agree that such communications may be generated by an automatic dialing system.

You acknowledge that telephone calls to or from Nightfox are monitored and recorded and you agree to such monitoring and recording.

We may provide you transactional communications concerning your account, the Website, or news concerning Nightfox, and industry developments. You acknowledge that you may incur a charge for these calls and text messages by your telephone carrier and that Nightfox will not be responsible for those charges.

TERMINATION OF WEBSITE

Nightfox may, in its sole discretion, and at any time, terminate or suspend its operation of the Website. Nightfox will not be liable to you or to any third party for the consequences of such termination or suspension.

SURVIVABILITY

In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Nightfox’s liability, shall survive any such termination.

OTHER IMPORTANT TERMS

Assignment. Nightfox may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.

No Other Warranties. Unless modified in a writing signed by both parties, these warranty terms, conditions, and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of the Company or any other party is authorized to make any warranty in addition to the warranty made herein.

Force Majeure. Nightfox shall not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of Nightfox and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods, or other catastrophes.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Nebraska and the United States of America.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between Nightfox and you regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

CONTACT US

If you have any questions or concerns about the Terms of Use, please contact us at:

Nightfox Audio, Inc. Attn: Privacy 410 S 11th St Lincoln, NE 68508 help@nightfoxaudio.com