1. Introduction
2. Legal – Important
3. The Service offered by Nonoki
4. Use of the Nonoki Service
5. Intellectual property rights and content
6. Customer service, information, questions and complaints
7. Problems and conflicts
8. About these Terms

1. Introduction

 

Please read these Terms of Use (the “Terms”) carefully as they govern your use of (including access to) Nonoki’s personalized services for listening to music and other content, including all websites and software applications that incorporate or linked to the Terms (collectively, the “Nonoki Service”) and all music, videos, podcasts, or other material available on the Nonoki Service (the “Content”).

 

Use of the Nonoki Service may be subject to other terms and conditions provided by Nonoki, which are incorporated into these Terms by this reference.

By registering for or using the Nonoki Service, you agree to the Terms. If you do not agree to the Terms, you must not use the Nonoki Service or access any Content.

 

Service provider

The Terms are agreed between you and Nonoki, property of NONOKI ENTERTAINMENT SL, CIF: B44912087.

Age and eligibility requirements

To use the Nonoki Service and access any Content, you must (1) be at least 13 years old (or the equivalent minimum age in your country), (2) have the consent of a parent or guardian if in your country you are considered a minor, (3) be able to enter into a binding contract with us without being prohibited by applicable law, and (4) reside in a country in which the Service is available. You further promise that all registration information you provide to Nonoki is true, accurate, and complete, and you agree to keep it true. If you are a minor in your country, your parent or guardian must agree to these Terms on your behalf. You can find more information about age requirements in the registration process. If you do not meet the minimum age requirements, you may not register as a user on Nonoki.

2. Legal – Important 
   

   Nonoki is a platform born to simplify the management, presentation and playback of YouTube videos and other free content from third-party platforms, through the use of a simple and easy-to-use interface. In other words, it acts as a tool to be able to filter, order and control, within the extensive content of YouTube, the contents of a musical nature.

   Nonoki does not contain, on its servers or architectures, any content or media protected by copyright. The app does not and will never independently distribute any copyrighted songs or media through its services.

   The user is obliged to see and access only the content for which he has viewing rights. The user may only play video contents from the YouTube platform (or other third party platforms) that are not limited by YouTube (or other third party platforms, i.e. region-restricted videos) or for which he or she has the viewing and usage rights (according to the YouTube Terms and Conditions, or the Terms and Conditions of other third-party services that the user accepts within the application).

   The user agrees to use Nonoki solely for personal and non-commercial purposes. We do not endorse or support the streaming of copyrighted material without the permission of the respective owners. Nonoki does not condone any misuse of the app to illegally view content that would otherwise be paid for and any copyright infringement is solely attributable to the end user. Users who do not abide by the Terms and Conditions may have their account terminated and they will be prohibited from accessing Nonoki.

   Copyright.

   All images, videos, content, logos and trademarks are the property of their respective owners and are not hosted on Nonoki’s servers or any of its properties. All actions are performed natively on third-party platforms, that is, for example, all reproductions are not executed on Nonoki but on YouTube, so what Nonoki as a tool does is redirect traffic to the videos and content of the artists increasing their views and channel traffic, and therefore favoring the interests of the Companies.

   All this content is accessed by Nonoki legally, respecting and complying with all the requirements, terms and conditions of the developer program and third-party content of the provider platforms. In this way, we do not prevent or block the presence of service providers, that is, at any time they can go to the artist’s native video clip on the YouTube platform itself.

   You may only use the Nonoki Services for your personal, non-commercial use, and only for lawful purposes and in accordance with these Terms and Conditions. The user may not distribute, modify, create derivative works, download, or store any of the content protected by copyright and intellectual property. It is also important to inform that Nonoki has gone through several verification and validation processes by the legal departments of both Google and Apple for the publication of the Apps, where the operating system of the platform has been explained to them, everything being verified and to the satisfaction of both companies.

   In summary:

   Nonoki provides users with an interface, functionality, and recommendation algorithms that allow users to better manage all music content within the vast and diverse content already found on YouTube. For example, if you are going to listen to music on Youtube and you are not interested in the rest of the content and you want to be able to save your favorite artists, make playlists or better explore music-only content that is already on Youtube, use Nonoki.

   Nonoki does not store any copyrighted content or violate any third party platform policies, terms and conditions. All actions are carried out natively in third-party services, in which we use official APIs, connecting and making use of the services, respecting the terms and conditions at all times, and in turn respecting the intellectual property rights of artists and providers. of content; We do not alter or modify any type of connection or processing of the data obtained from Youtube or Third Party services.

3. The Service offered by Nonoki

 

Nonoki Service Options

We provide you with various options on the Nonoki Service. Some features of the Nonoki Service are provided free of charge, while others require payment before access (the “Paid Subscriptions”). In addition, we may offer you promotional plans, memberships, or special services, including third-party products and services. We are not responsible for products and services provided by third parties.

Unlimited Service may not be available to all users. We will explain to you what services are available to you at the time you sign up for those services. If you cancel your subscription to the Unlimited Service, or if your subscription is interrupted (for example, if you change your payment details), you may not be able to re-subscribe to the Unlimited Service. Please note that Unlimited Service may be discontinued in the future; if this is the case, you will no longer be charged for the Service.

Tests

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period of time for free or at a reduced rate (a “Trial”). By using a Nonoki Service, you agree to the Nonoki Promotional Offer Terms.

Third-Party Open Source Software, Devices, and Applications

The Nonoki Service may be integrated with third party applications, websites, and services (“Third Party Applications”), as well as personal computers, cell phones, tablets, handheld devices, speakers, and other third party devices (“Devices”). ) or interact with them. Use of Third Party Applications and Devices may be subject to additional terms, conditions and policies provided by the applicable third party. Nonoki does not guarantee that Third Party Applications and Devices will be compatible with the Nonoki Service.

Limitations and modifications of the Service

We make every reasonable effort to keep the Nonoki Service up and running and to provide you with an immersive and personalized audio experience. However, our service offerings and their availability may change from time to time, subject to applicable law and without liability to you, for example:

The Nonoki Services may experience temporary interruptions due to technical difficulties, maintenance, testing, or updates, including those necessary to reflect changes in applicable laws and regulatory requirements.

Our goal is to constantly evolve and improve our Services, so we may change the Nonoki Service in whole or in part (including feature functions, subscription plans and promotional offers in particular), suspend or stop providing it ( temporarily or permanently).

Nonoki is not obligated to provide any specific content through the Nonoki Service and Nonoki or other respective owners may remove particular songs, videos, podcasts and other Content without notice.

 

If you previously paid fees directly to Nonoki for any Paid Subscriptions that Nonoki ceases to provide prior to your Prepaid Period (as that term is defined in the Payments and Cancellations section below), Nonoki will refund to you the prepaid fees for the Prepaid Period for the unused portion of your Paid Subscriptions in effect after it is no longer provided. Your account and billing information must be up-to-date in order for us to refund your fees.

 

Nonoki has no liability to you, nor any obligation to provide you with a refund in connection with outages or failures of the internet or other services, caused by the actions of government authorities, other third parties, or events beyond our control.

3. Use of the Nonoki Service

 Create a Nonoki account

You may be required to create a Nonoki account to use the Nonoki Service in whole or in part. Your username and password are for your personal use only and must be kept confidential. You understand that you are responsible for all use (including unauthorized use) of your username and password. Please notify our customer service team immediately if your username or password has been lost or stolen, or if you think someone has accessed your account without authorization.

 

Nonoki may take back your username, or ask you to change it, for any reason.

Your rights to use the Nonoki Service

Access to Nonoki Services

We grant you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Nonoki Service and its Content (collectively, “Access”), subject to your compliance with the Terms (including any other applicable terms and conditions). This Access will remain in effect unless or until terminated by you or Nonoki. You agree that you will not redistribute or transfer the Nonoki Service or its Content.

The Nonoki software applications and Content are licensed, not sold or transferred to you, and Nonoki and its licensors retain ownership of all copies in the Nonoki software applications and Content, even after installing them on your Devices. .

Nonoki Property Rights

The Nonoki Service and its Content are the property of Nonoki or Nonoki’s licensors. All trademarks, service marks, trade names, logos, domain names and any other Nonoki brand features (the “Nonoki Brand Features”) are the exclusive property of Nonoki or its licensors. The Terms do not grant you any right to use any of the Nonoki Branded Features, whether for commercial or non-commercial use.

You agree to comply with the Nonoki User Guidelines and not to use the Nonoki Service, the Content or any part thereof in any manner not expressly permitted by the Terms.

Payments and cancellation

Billing

You can purchase a Paid Subscription directly from Nonoki or through a third party in the following ways:

By paying a subscription fee in advance on a monthly basis or through another recurring interval established prior to your purchase; or through a prepayment that grants you access to the Nonoki Service for a specified period (“Prepaid Period”). Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly billing.

If you purchase access to a paid Subscription through a third party, separate terms and conditions with that third party may apply to your use of the Nonoki Service, in addition to these Terms. If you purchase a Paid Subscription through a code, gift card, prepaid offer, or other offers provided or sold by or on behalf of Nonoki to access a Paid Subscription (“Codes”), you agree to the Terms of Use. Nonoki cards.

 Changes in prices and rates

Nonoki may change the price of Paid Subscriptions, including recurring subscription fees, Prepaid Periods (for periods not yet paid for), or Codes (defined above) from time to time and will notify you of any price changes with a reasonable anticipation. Price changes will become effective at the beginning of the next subscription period after the date of the price change. By continuing to use the Nonoki Service after the price change becomes effective, you agree to the new price, subject to applicable law. If you do not agree to the price change, you may opt out by canceling your subscription to the applicable Paid Subscriptions before the price change becomes effective.

 Tax rates are based on the applicable rates at the time of your monthly billing. These amounts may change over time depending on the local tax requirements of your country, state, territory or even city. Any changes to tax rates will be applied automatically based on the account information you provide.

Renewal and cancellation

 

Your payment to Nonoki or third parties through whom you have purchased Paid Subscriptions will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscriptions before the end of the current subscription period, except in the case of paid Subscriptions of a prepaid Period. Contact our Customer Service team here for instructions on how to cancel. The cancellation will take effect the day after the last day of your current subscription period and you will revert to the free version of the Nonoki Service. We do not provide refunds or credits for any partial subscription period, except as expressly provided in these Terms.

 

If you purchased a paid Subscription using a Code, your subscription will automatically terminate when the period stated in the Code expires, or there is insufficient prepaid balance to pay for the Nonoki Service.

Right of revocation

If you sign up for a Trial, you agree that the right to revoke paid Subscriptions under which you receive a Trial ends fourteen (14) days after the Trial begins. If you do not cancel the Paid Subscriptions before the Trial ends, you lose your right of revocation and authorize Nonoki to automatically charge you the agreed price each month until you cancel the Paid Subscriptions. For trials of less than fourteen (14) days, you expressly consent to us providing you with the paid service immediately after your Trial ends, at which point you lose your right of revocation.

If you purchase a Paid No Trial Subscription, you agree that you have fourteen (14) days from purchase to revoke it for any reason and must pay us for the services we provide to you up until such time as you notify us that you have changed your mind. . You expressly consent to us providing the service immediately after purchase, forfeiting your right of revocation, and authorizing Nonoki to automatically charge you each month until you cancel the service.

 

User Guidelines

We have established usage guidelines for the Nonoki Service to ensure that everyone can enjoy the Nonoki Service (“Nonoki User Guidelines”). When you use the Nonoki Service, you must comply with the Nonoki User Guidelines, as well as applicable laws, rules and regulations, and respect the intellectual property, privacy and other rights of third parties.

brand accounts

If you establish a Nonoki account on behalf of a company, organization, entity or brand (a “Brand” and the account a “Brand Account”), the terms “you” and “your”, as used in these Terms (including other Nonoki terms and conditions that are incorporated into this agreement by reference), apply to both you and the Brand.

If you create a Brand Account, you represent and warrant that you are authorized to grant the permissions and licenses provided in the Terms (including any other applicable Nonoki terms and conditions) and to bind the Brand to the Terms.

A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies a sponsorship or commercial relationship between the Brand and the followed user, artist, songwriter or any other person, unless the Brand has independently obtained the rights to imply such sponsorship. In addition, the Brands must be transparent to our users about the authorization of any sponsorship or consideration provided to artists, songwriters, users or others and must comply with all applicable laws, regulations and codes of practice when engaging in previous practices.

Export control and sanctions

Nonoki products may be subject to U.S. export and re-export control laws and regulations or similar applicable laws in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury department of the Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations ( “ITAR”, for its acronym in English) maintained by the Department of State. You warrant that (1) you are not located in any country to which the United States has embargoed assets or applied any economic sanctions and (2) that you are not a denied party as specified in any law or regulation of re-export or similar laws applicable in other jurisdictions or otherwise listed on any US Government list of prohibited or restricted parties.

 

You agree to comply with applicable export and re-export control laws and regulations, including, but not limited to, the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree that you will not sell, export, re-export, transfer, divert, release or dispose of any products, software or technology (including products derived from or based on such technology), directly or indirectly, that you receive from Nonoki pursuant to to the Terms to any destination, entity, or person prohibited by the EAR, the trade and economic sanctions maintained by OFAC, or any other applicable law or regulation of the United States or any other jurisdiction without obtaining required prior authorization from government authorities competent according to said laws and regulations.

 

4. Intellectual property rights and content 

User content

The content you post on the service

Nonoki users may post, upload or otherwise contribute content to the Nonoki Service (“User Content”). For the avoidance of doubt, the term “User Content” includes all information, materials, and other content that users add, create, upload, submit, distribute, or post to the Nonoki Service (including the Nonoki Support Community). .

You are solely responsible for the User Content you post. 

You promise that, with respect to User Content that you post to Nonoki, (1) you own or have the right to post such User Content; (2) such User Content, or Nonoki’s use of it pursuant to the license granted below, does not (i) violate the Terms, applicable laws, or the intellectual property or other rights of any third party, or (ii) such User Content User does not imply any authorization or affiliation of you or your User Content by Nonoki or any artist, band, label or other individuals or entities without the prior written consent of Nonoki or such individual or entity.

When posting or sharing User Content or other information on the Nonoki Service, please be aware that the content and other information may be accessible to the public, used, and re-shared by others on the Nonoki Service and on the Web. For this reason, we ask that you be careful when posting or sharing on the Nonoki Service, and be aware of your account settings. Nonoki is not responsible for what you or others post or share on the Nonoki Service.

Monitoring of user content

Nonoki may, but is not obligated to, monitor and review Authorized User Content. Nonoki reserves the right to remove or disable access to any User Content for any or no reason. Nonoki may perform these actions without prior notice.

 Licenses you provide us

user content

You retain ownership of your User Content when you post it to the Service. However, in order for your User Content to be available on the Nonoki Service, we need a license to that User Content from you. Accordingly, you hereby grant to Nonoki a worldwide, irrevocable, fully paid, royalty-free, sub-licensable, transferable, non-exclusive license to reproduce any User Content, make it available, present and display it, translate it, modify it, create derivative works thereof, distribute or otherwise use it in any medium, either alone or in combination with other Content or material, in any manner, by any method or technology, now known or hereafter created, in connection with the Nonoki Service. Where applicable and permitted by applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as the right to be identified as the author of any Authorized User Content, including Comments, and your right to object to derogatory treatment of such User Content.

 

Comments

If you provide ideas, suggestions or other feedback in connection with your use of the Nonoki Service or any Content (“Feedback”), such Feedback is not confidential and may be used by Nonoki without restriction or payment. Comments are considered a type of User Content under these Terms.

your device

You also grant us the right to (1) allow the Nonoki Service to use the processor, bandwidth, and storage hardware on your Device to facilitate the operation of the Nonoki Service, (2) provide you with advertisements and other information, and allow our partners commercials do the same, in accordance with Nonoki’s Privacy Policy.

content experience

Content you access on any part of the Nonoki Service, including selection and placement, may be influenced by business considerations, including Nonoki’s dealings with third parties.

Some Content that Nonoki licenses or provides, creates or makes available (for example, podcasts) may contain advertisements for which Nonoki is not responsible.

Violation claim

Nonoki respects the rights of intellectual property owners. If you believe that any Content infringes your copyright, please consult the Privacy Policy or Legal Notice.

 

Intellectual Property and Copyright in Third Party Services

The user agrees to respect the rights of Intellectual and Industrial Property owned by https://nonoki.com/ as well as other resources used on the website and that belong to third parties of which the company has no rights and assigns total ownership and ownership to the creators.

Nonoki uses resources (API) and content from third parties, when the user uses Nonoki’s services and accepts Nonoki’s Terms and Conditions, they are also accepting the Terms and Conditions of the third-party platforms that we mention below:

Youtube

https://www.youtube.com/t/terms

https://policies.google.com/privacy

https://developers.google.com/youtube/terms/api-services-terms-of-service-emea

https://developers.google.com/youtube/terms/developer-policies

Nonoki is not responsible for the misuse or bad practices that the user may carry out with the content or services of third parties mentioned.

5. Customer service, information, questions and complaints

Nonoki Support Community

The Nonoki Support Community provides a place for the discussion and exchange of information, advice, and other materials related to the Nonoki Service. By using the Nonoki Support Community, you agree to the Community Terms.

 Customer service, information, questions, complaints

For assistance with account or payment related questions (“Customer Support Inquiries”), you may contact hi@nonoki.com.

If you have any questions about the Nonoki Service or the Terms (including any additional terms and conditions incorporated into this agreement), please contact Nonoki Customer Service at hi@nonoki.com .

 

6. Problems and conflicts

Suspend and terminate the Nonoki Services

You are bound by these Terms until terminated by either you or Nonoki. Nonoki may terminate these Terms (including any additional terms and conditions incorporated into this agreement) or suspend your access to the Nonoki Service at any time if we believe that you have violated any of the Terms, if we stop providing the Nonoki Service or any material that is part of it upon reasonable advance notice, or if we believe it is necessary to comply with applicable laws. If you or Nonoki terminate the Terms, or if Nonoki suspends your access to the Nonoki Service, you agree that Nonoki will have no liability to you under applicable law and that Nonoki will not refund any amounts you have paid (with except as expressly provided in the Terms). You may terminate the Terms at any time, but you may no longer access or use the Nonoki Service. For information on how to terminate your Nonoki account, please use the Customer Service resources.

Sections 4 (Content and Intellectual Property Rights), 3 (Your Use of the Nonoki Service), 2 (The Nonoki Service We Provide), 6 (Issues and Disputes), 7 (Content and Intellectual Property Rights) shall survive termination of the Terms. (About Terms) in this agreement, as well as any other sections of the Terms that are required to survive termination, either expressly or by nature.

 

Warranty Disclaimers

Nonoki will use reasonable efforts to provide the Nonoki Service in accordance with the specifications of the Service that Nonoki provides; however, subject to that, the Nonoki Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory. In addition, Nonoki and all content owners disclaim all express, implied, and statutory warranties with respect to the content, including warranties of satisfactory quality, merchantability, fitness for any purpose, or non-infringement. Neither Nonoki nor any content owner warrants that the Nonoki Service or its content is free of malware or other harmful components. Further, Nonoki makes no representations about any third-party applications (or their content), user content, devices, or any products or services advertised, promoted, or offered by third parties, whether on or through the Nonoki Service or any hyperlinked website, neither guarantees nor assumes any responsibility for them and

is not responsible for any transaction between you and any third party provider of the aforementioned. No advice or information, whether oral or written, obtained from Nonoki shall create any warranty on Nonoki’s behalf. When you use the Nonoki Service, you may access explicit content filtering features, but even with these features you may encounter some explicit content, so you should not rely on such features to filter all explicit content. This section applies to the fullest extent possible under applicable law.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on a consumer’s relevant statutory rights, so the exclusions and limitations set forth in this section may not apply to you and may not affect your statutory rights.

Limitation of liability and time to file a claim

You agree that the sole and exclusive remedy for any problem or dissatisfaction with the Nonoki Service is to uninstall any Nonoki software and stop using the Nonoki Service, subject to applicable law. You agree that Nonoki has no obligation or liability whatsoever arising from third party applications or their content, made available through or in connection with the Nonoki Service and even though your relationship with such third party applications is governed by separate agreements with such third parties, your sole and exclusive remedy, with respect to Nonoki, for any problems or dissatisfaction with the third party applications or their content, is to uninstall or stop using them.

In no event shall Nonoki, 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 profit (whether direct or indirect) arising in any case from the use or inability to use the Nonoki Service, devices, third party applications or the content of Nonoki applications third parties, or (3) value-added liabilities for all claims related to the Nonoki Service, Third Party Applications, or Third Party Applications content in an amount greater than (a) the amount you paid Nonoki in the twelve months prior to the first claim; or (b) $30.00. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably anticipated.

For clarification, the terms do not limit Nonoki’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law prohibits such limitation or any liability that, under applicable law, may not be limited or excluded.

Any claim arising out of the terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party who makes the claim knows or reasonably should know of the act, omission or breach from which the claim derives; and there will be no right to any remedy for any claim not filed within that period.

 

Third party rights

You acknowledge and agree that Content owners and certain distributors (such as app store providers) are the intended beneficiaries of these Terms and have the right to directly enforce them against you. Other than as set forth in this section, the Terms are not intended to grant any rights to anyone except Nonoki and you, and in no event shall the Terms create any third-party beneficiary rights.

If you downloaded any of our mobile software applications (each, “Application”) from the Apple Inc. (“Apple”) app store or use the Application on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. The terms are agreed only between you and Nonoki, not Apple, and Apple is not responsible for the Nonoki Service and its content. Apple is under no obligation to provide any maintenance or support services with respect to the Nonoki Service. In the event of any failure of the Nonoki Service under any applicable warranty, you may notify Apple and Apple will refund to you the applicable purchase price for the Application, and to the fullest extent possible under applicable law, Apple has no other obligations warranty with respect to the Nonoki Service. Apple is not responsible for addressing any claim made by you or any third party in connection with the Nonoki Service or your possession or use of the Nonoki Service, including the following: (1) product liability claims; (2) any claim that the Nonoki Service does not comply with applicable legal or regulatory requirements; (3) claims under consumer protection and other similar laws; and (4) claims related to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Nonoki Service or your possession and use of the Application infringes that third party’s intellectual property rights. third. You agree to comply with any applicable third party terms when using the Nonoki Service. Apple, and its subsidiaries, are third party beneficiaries of the Terms and upon your acceptance of the Terms, Apple has the right (and your acceptance of the right will be validated) to enforce these Terms against you as a third party beneficiary of the Terms.

 

Compensation

You agree to indemnify and hold Nonoki harmless from and against any reasonable, direct and expectable losses, damages and expenses (including reasonable attorneys’ fees and costs) that Nonoki suffers or incurs arising from the following: (1) your violation of any of the Terms (including any additional Nonoki terms and conditions incorporated into this agreement); (2) any User Content that you post or otherwise contribute; (3) any activity that you engage in on or through the Nonoki Service; and (4) your violation of any law or third party right.

 

Governing Law, Mandatory Arbitration and Venue

6.1 Governing Law and Jurisdiction

The Agreements (and any non-contractual conflicts or claims arising out of or connected with them) are subject to the laws of Spain, without regard to choice or conflicts of law principles, unless required by the mandatory laws of your place of residence.

 

In addition, you and Nonoki agree, before the jurisdiction of the courts of Spain, to resolve any conflict, claim or controversy arising from the Agreements (and any conflict/claim arising from or related to them), except in cases where you have the option of legal process in your country of residence or where we are required to choose legal process in your country of residence, under applicable mandatory laws.

 

6.2 Class Action Waiver

Nonoki and you agree that each may sue the other only in her individual capacity and not as a plaintiff or class member in any class or representative action under applicable law. Unless both you and Nonoki agree, no arbitrator or judge may consolidate more than one claim per person or preside over any type of representative or class proceeding.

6.3 Arbitration

If you are located in, have offices in, or conduct business in a jurisdiction to which Section 6.3 may apply, the following mandatory arbitration provisions may apply to you:

 

6.3.1 Conflict resolution and arbitration

Nonoki and you agree that any dispute, claim, or controversy between us arising out of or in any way related to these Agreements, or relating to Nonoki as a user of the Service (whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether claims arise during or after termination of the Agreements) will be determined by individual binding arbitration. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and judicial review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and may award the same damages and relief as a court (including attorneys’ fees), except that the court may not award any relief, including relief or injunctive relief. anyone other than the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

 

6.3.2 Exceptions

Notwithstanding anything in clause 6.3.1, both Nonoki and you agree that nothing in this Agreement shall be deemed a waiver, exclusion, or limitation of any of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement action through appropriate federal, state, or local agencies where such action is available, (3) seek injunctive relief in a court of law, or (4) sue in court of justice to address claims of intellectual property infringement. 

6.3.3 Arbitration Rules

Either you or we can initiate arbitration proceedings. Any arbitration between you and Nonoki will be conducted under the International Chamber of Commerce (the “ICC”) Arbitration Laws then in effect (the “ICC Rules”) through one or more arbitrators chosen in accordance with the Rules. of the ICC, as modified in these Agreements and will be administered by the International Court of Arbitration of the ICC.

Any arbitration will be conducted in the English or Spanish language and, unless required by the mandatory laws of a member state of the European Union or other jurisdiction, the law that will apply in the arbitration will be the law of the [state or country as described in clause 6.1], without regard to choices or conflicts of law principles.

6.3.4 Submission date

Any arbitration must be commenced by the filing of a demand for arbitration within ONE (1) YEAR after the date the claiming party knew or reasonably should have known of the act, omission or breach thereof. derives the claim; and there will be no right to any remedy for any claim not filed within that period. If applicable law prohibits a one-year limitation period for filing claims, any claim must be made within the shortest period permitted by applicable law.

6.3.5 Notice; process

A party intending to seek arbitration must first send written notice of the dispute to the other party by certified mail (requiring a signature), or in the event that we do not have a physical address on file, by email (“Notice” ). Nonoki’s address for Notices is “Montepiedra 2, 29602, Marbella, Málaga. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) state the specific relief being sought (“Demand”). We agree to do our best in good faith to resolve the claim directly, but if we do not agree to do so within 30 days of receipt of notice, Nonoki or you may initiate an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Nonoki or you will not be disclosed to the arbitrator until the arbitrator makes a final decision and award, if any. In the event that our dispute is ultimately resolved by arbitration in your favor, Nonoki will pay you (1) the amount awarded by the arbitrator, if any, (2) the last written amount Nonoki offered to resolve the dispute prior to award arbitral; or (3) $500.00,. All documents and information disclosed in the course of the arbitration shall be kept confidential by the recipient and shall not be used for any purpose other than the arbitration or enforcement of the arbitrator’s decision and arbitral award, and shall not be disclosed , except that it is in confidence with the people who need to know such information for such purposes or according to the pertinent laws. Neither Nonoki nor you shall make public announcements or public comments, or create publicity regarding the arbitration, including, but not limited to, the fact that there is a dispute between the parties, the existence of the arbitration, or any arbitration decision or award. by the arbitrator, except as required to comply with the arbitration decision or award.

 

6.3.6 Modifications

In the event that Nonoki makes future changes to the arbitration provision (other than changes to Nonoki’s Notices address), you may reject such changes by giving us written notice within 30 days of the change in Nonoki’s Notices address. Nonoki. If this is the case, your Nonoki account will be terminated immediately and the arbitration provision that was in place prior to the changes you reject will survive.

 

6.3.7 Enforceability

If the class action waiver in Section 6.2 is found to be unenforceable in arbitration or if any part of Section 6.3 is found to be invalid or unenforceable, then Section 6.3 in its entirety shall be null and void, and, in such event , the parties agree that the jurisdiction and venue described in section 6.1 will govern any action arising out of or related to the Agreements, and you will be permitted to bring proceedings at any time.

7. About these Terms

You may have some rights that cannot be limited by contract, under applicable law. These terms are not intended to restrict such rights.

 

Changes

We may make changes to the Terms (including additional Nonoki terms and conditions, incorporated into this agreement by reference) from time to time and will notify you of such changes by reasonable means (before they become effective), including by posting of a revised Agreement on the relevant Nonoki Service (provided that, for material changes, we will seek to supplement such notice by email, a pop-up message on the service, or other means). In addition, such changes do not apply to disputes between you and Nonoki arising before the date of posting of the revised Terms or other Nonoki terms and conditions, incorporating such changes or notice to you. Your use of the Nonoki Service subsequent to changes to the Terms will be deemed acceptance of such changes. If you wish to stop using the Nonoki Service due to the updated Terms, you may contact us to terminate your account. The effective date indicated at the beginning of this document indicates the last date of changes made to the Terms.

Entire Agreement

Other than as stated in this section or as expressly agreed to in writing between Nonoki and you, the Terms constitute the entire terms and conditions agreed to between Nonoki and you, and supersede any prior agreements regarding the subject matter of these Terms. , either in writing or orally. As mentioned, other terms and conditions governing the use of the Nonoki Service are incorporated into this agreement by reference, including the following terms and conditions: Nonoki Promotional Offer Terms; Nonoki Card Terms; the Nonoki User Guidelines; the Nonoki Copyright Policy; and the Nonoki Support Community Terms.

Severability and waiver

In the event that any provision of the Terms is held invalid or unenforceable for any reason or to any extent, the remaining provisions will not be affected and enforcement of such provision will be enforced to the fullest extent permitted by law, unless as otherwise provided in the Terms.

The failure of Nonoki or any third party beneficiary to enforce the Terms or their provisions will not waive Nonoki’s or any relevant third party beneficiary’s right to do so.

Transfer

Nonoki may assign all or part of the Terms, and may assign or delegate, in whole or in part, any of the rights or obligations under these Terms. You may not assign the Terms, or any part of them, or transfer or sublicense your rights under the Terms to any third party.