Thank you for visiting our web site located at www.stagefrightmonsters.com, which we will refer to below as the “Site.”
Through the Site, Nerd Communications GmbH (also referred to as “we,” “us” or “our”) aims to extend our mission to use music as a way to help children understand, appreciate, and celebrate the idea that everyone is a unique individual. We hereby offer a license to use the Site and all products and software programs distributed, published or otherwise made available thereon, including but not limited to music and mobile games (the “Products”) to you (referred to as "you" or "user") and your children, as applicable, under the Terms of Use described herein. By using and accessing the Site and or the Products, you affirm that you are at least 18 years old, and that you, on your own behalf and on behalf of your children, are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and us. If you do not agree to these terms, including our Privacy Policy, please discontinue your access to and use of the Site and the Products immediately.
We reserve the right, in our sole discretion, to change these terms from time to time. The most up to date version of this Agreement will always be published on the Site and therefore we urge you to frequently check the Site in order to remain aware of any changes. Your continued use of the Site and or the Products following every such change means that you agree to and will abide by all changes made.
The Site and the Products are owned and operated by Nerd Communications GmbH, a private German company located at Novalisstr. 10 10115 Berlin, Germany. Nerd communications GmbH and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively “Nerd Parties”) own the copyright in all elements of the Site and Products and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of the Site and Products (“Nerd Content”) include without limitation the content, software, code, data, art, graphics, characters, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention thereon. The Products are licensed, not sold.
All trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site, on the Products or on Nerd Content are registered or unregistered Trademarks of Nerd Communications GmbH, the Nerd Parties and/or others, and may not be used by you unless your use is authorized by the Trademark owner or is otherwise permitted by applicable law. All Trademarks not owned by us that appear on the Site, on the Products, or on the Nerd Content, if any, are the property of their respective owners. Nothing contained on the Site or on the Products should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed thereon.
You may access and view the Nerd Content only for your personal, noncommercial use on a computer or other Internet compatible device to enable you to use the Site or Products, provided that you do not remove or alter any copyright or other legal notices from the Site or any Nerd Content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Nerd Content. Any use of the Nerd Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries. You are responsible for the internet connection and or mobile charges that you may incur when accessing the Site or playing the Product. Please ask your service provider if you are unsure about what these charges will be, prior to accessing the Nerd Content.
You acknowledge and agree that your access to and use of the Site, the Products, the Nerd Content and the services provided through the same are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.
Our privacy policy governs the collection and use of data and it can be read here. We do not track any personal information such as your name, age, address, phone number, or email address. We do use cookies, gather anonymous IP addresses and anonymous game data (such as the vote tally for each monster) to help us improve the Site and the Products.
You warrant and agree that, while accessing or using the Site, you will not:
As a convenience to you, the Site and the Products may contain links to our own social media accounts and to digital distribution services owned and maintained by third parties such as Google® Play and Apple® iTunes (“Linked Sites”). You acknowledge and agree that Nerd Communications GmbH and the Nerd Parties do not operate or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site. When you link to a Linked Site, you become subject to their terms of use and privacy policy (if any) rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of Linked Sites, and any reliance on the contents of a Linked Site is at your own risk.
You agree that we can transfer, sub-contract or delegate any or all of our rights or responsibilities under this Agreement to someone else without first getting your permission so long as such a transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under this Agreement unless we give our prior consent in each instance.
You agree to indemnify and hold harmless Nerd Communications GmbH and the Nerd Parties, and its and their respective affiliates, directors, officers, employees, agents, successors and assigns from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Site or the Products in any way, or your violation of law or breach of the terms of this Agreement. Nerd Communications GmbH and the Nerd Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by Nerd Communications GmbH and the Nerd Parties. To the extent that you breach this Agreement, you agree to compensate us, in accordance with applicable law, for all losses, harm, claims, and expenses that may result from such breach.
We make no representation that Nerd Content is appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you or your children choose to access the Site or utilize the Products, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
The Site and the Products provide entertainment only. Nerd Communications GmbH specifically disclaims any liability concerning any action that any user may take based on any information provided on the Site or Products.
Nerd Communications GmbH does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site, of the Products, or any of the Nerd Content. Nerd Communications GmbH is not liable for any errors, omissions, or inaccurate Nerd Content on the Site or on the Products.
THE SITE, THE PRODUCTS, AND THE NERD CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF NERD CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. NERD COMMUNICATIONS GMBH DOES NOT WARRANT THAT THE SITE, THE PRODUCTS, THE NERD CONTENT, NOR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE FROM DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. NERD COMMUNICATIONS GMBH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OR THE PRODUCT. NERD COMMUNICATIONS GMBH MAKES NO WARRANTY THAT THE SITE OR THE PRODUCTS WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL NERD COMMUNICATIONS GMBH NOR THE NERD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NERD COMMUNICATIONS GMBH’S OR THE NERD PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS.
Nerd Communications GmbH may terminate, change, suspend or discontinue any aspect of the Site or the Products at any time for technical reasons, to allow us to make improvements to our Products, for regularly scheduled maintenance reasons, for legal reasons, or for business reasons. Nerd Communications GmbH may restrict, suspend or terminate your access to the Site and/or this Agreement if we reasonably believe or suspect that you are in breach of these Terms of Use or applicable law without notice or liability. You may terminate this Agreement by discontinuing your use of and access to the Site and the Products. Upon any termination of this Agreement, you agree to discontinue your use and access of the Site and the Products.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms referenced herein and contained in the Site and the Products; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail. This Agreement is governed by and is construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Springfield, Massachusetts, U.S.A. in all disputes arising out of or relating to your use of the Site or the Products. Notwithstanding the foregoing, Nerd Communications GmbH shall have the right to bring action against visitors of the Site or users of the Products in courts of competent jurisdiction in the jurisdiction in which such persons reside or are located: (i) to seek injunctive relief against such user, (ii) to obtain a judgment against such user where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such user resides or is located, or (iii) to enforce a judgment obtained against such user in a Massachusetts court. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Nerd Communications GmbH with respect to the Site and the Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nerd Communications GmbH with respect to the Site and the Products. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in this Agreement are reserved to Nerd Communications GmbH.
Nerd Communications GmbH can be reached via telephone at +49.30.288 77 89-0 and via email at contact@nerdcommunications.com. Please note that the phone number above is not toll-free and therefore you are responsible for all applicable long distance or international charges that you may incur.