Terms of Service

Welcome to our Terms of Service (“Terms of Use”, “Terms of Service”, “Terms and Conditions” or “Terms”). Nerdsation.com (“Nerdsation”, “we”, “us” or “our”) operates Nerdsation website (“Website”) and applications (“Applications”) provided through or in connection with its Website. These Terms apply to our Website, Applications, and other digital and interactive services (collectively “Service”). These Terms apply to all visitors, members and others (collectively, “you” or “users”) who access or use our Service.

These Terms of Service will help you better understand the nature of your relationship with us. Please read these Terms carefully. Your use of our Service confirms your agreement with these Terms. You must not use our Service if you disagree with these Terms. This Service is intended solely for users who are 13 years of age or older. If you are younger than 13 years, please take permission from your parents / guardians to use this Service.

1. License

Subject to your agreement with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service for your own personal use consistent with the Terms.

2. Content

Our Service contains the following type of content.

2.1. Our Content

We provide information and commentary in relation to TV Series, Movies, Animations, Gaming, Science and Technology. We present content in form of articles which may contain text, images, audios and videos (collectively, “Our Content”).

2.2. User Content

We allow you to submit, post, upload, or otherwise make available content (collectively, “post”) which may contain text, images, audios and videos such as reviews, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. You can post User Content on or through the Service.

You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You further agree that you have all required rights to post such User Content without violation of any third-party rights. You agree that you will indemnify, defend, and hold us harmless for all claims resulting from User Content you post. You understand that by using our Service, you may be exposed to User Content that you may consider offensive or objectionable.

We do not claim ownership of any User Content. As between you and us, you own all rights to your User Content. However, you grant (and confirm to us that you have the right to grant) to us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, licence (sub-licensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works and publicly display your User Content (in whole or in part) in any format or medium now known or later developed.

You agree not to post User Content that:

  • May cause harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person.
  • May cause loss or damage to any person or property.
  • May constitute or contribute to a crime or tort, or that contain obscene content.
  • May contain any content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable.
  • May contain any content that is illegal or you do not have a right to make available under any law.
  • May contain any content that you know is not correct and current.
  • May constitute as spam, advertising, or business related communications.
  • Ownership, Intellectual Property and Copyrights

2.3. Third Parties Content

We provide many features by utilizing the services of our third parties. Our third parties include, but are not limited to social networks, advertisers and analytics providers. Our Service include third-party links, advertisements and content provided by our third parties (collectively, “Third Parties Content”). Third Parties Content is subject to that third party’s terms of use. Nothing on Our Service should be construed as granting any licence or right for you to use that Third Parties Content.

3. Ownership, Intellectual Property and Copyrights

The Service and Our Content (including software, text, images, audios, videos, logos, patents, trademarks, service marks, and copyrights) are owned by us, our licensors, our third parties or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use Our Content only for personal and non-commercial use.

Except for your User Content, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any materials or content accessible on or through the Service, in whole or in part. You may not use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the Service.

You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you. You agree to notify us immediately upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

4. Confidentialities

We do not disclose the information directly provided by you for any other purpose than providing Service. However, we cannot guarantee the confidentiality of the information submitted over the Internet. As such, you must accept the entire responsibility in the event that confidential information is breached.

5. Indemnities, Liabilities and Limitations

You agree to indemnify, defend, and hold us harmless and our subsidiaries, affiliates, shareholders, representatives, licensors, officers, directors, employees, consultants, subcontractors, agents, partners and third parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including but not limited to attorney’s fees) that such parties may incur as a result of or arising from:

  • Your violation of these Terms or our third parties right, including without limitation any right of privacy, publicity rights or intellectual property rights.
  • Your violation of any law, rule or regulation of any state or country.
  • Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account or device.

In no event will we, nor our subsidiaries, affiliates, shareholders, representatives, licensors, officers, directors, employees, consultants, subcontractors, agents, partners and third parties be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, our Service. We assume no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of Our Content or damage incurred as a result of the use of any material posted, emailed, transmitted, or otherwise made available through the Service.
  • User Content or the defamatory, offensive, or illegal conduct from our third parties.
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service.
  • Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
  • Any interruption or cessation of transmission to or from the Service.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third-party.

6. Warranties and Disclaimers

Your use of the Service is at your own risk. The service is provided on an “as is” and “as available” basis with no representations or warranties of any kind. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Service is accurate, reliable or correct; that the service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

Any material downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your device or loss of data that results from such download. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by our third parties through our Service, and we will not be a party to or in any way monitor any transaction between you and our third parties of products or services. We will not be responsible for our Third Parties Content on our Service, any links to third-party websites or any third-party websites.

We do not make any warranty or guarantee as to the correctness, reliability and accuracy of Our Content. You acknowledge that Our Content and material available through or on the Service may contain inaccuracies and errors and we expressly exclude liability for any such inaccuracies or errors. No advice or information, whether oral or written, obtained by you from us or through or from the Service will create any warranty.

7. Copyright Infringement

We respect the intellectual property rights of others. Though every care is taken to obtain the permission from the original copyright holder of displayed materials, there are situations when the attribution and copyright information for the materials are not known. If you have a good-faith belief that your copyright-protected work has been copied in a way that constitutes copyright infringement and is accessible via the Service, you may submit a copyright infringement notification.

As we respect the intellectual property right of others, we have a policy of removing User Content that violate copyright law, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of copyright law, and/or terminating in appropriate circumstances the access of any user who uses the Service in violation of copyright law. If you believe a user of the Service is infringing your copyright, you may submit a copyright infringement notification.

To submit a copyright infringement notification please Contact Us and provide the following details:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work that you claim has been infringed in a sufficiently precise manner to allow us to locate that material.
  • Information reasonably sufficient to allow us to contact you, such as your address, telephone number, and, e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  • Proof of copyright in the material concerned, namely proof of registration; or, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the material.

We will not comply with requests to remove the material where the complainant cannot prove that they own the copyright in the material. If you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

8. Term and Termination

These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Service at any time for any or no reason at all, including without limitation if you breach the Terms, with or without notice to you.

9. Amendments

We reserve the right, at our discretion, to change these Terms at any time. You can see when we made changes to these Terms by checking the “Last Updated” section on the bottom of this page. We encourage our visitors to frequently check this page for any changes to these Terms.

If you have any questions, please feel free to Contact Us.

Last Updated: 29th November 2018