Thank you for choosing Nimia (Ninu, Inc.). The Ninu Media Internet Application (NIMIA) is the world’s most advanced archives & rights management system for producers, directors, cinematographers, and professional videographers.
Please read this Cloud Storage Agreement, Application License Agreement, Site User Agreement, Community Section Agreement, and Contributor Agreement carefully before using NIMIA. By using NIMIA, you are agreeing to be bound by the terms of these agreements (Contributor Agreement only applicable if user contributes content to be licensed). If you do not agree to the terms of the Cloud Storage Agreement, Application License Agreement, Site User Agreement, Community Section Agreement, or Contributor Agreement (Contributor Agreement only applicable if user is contributing content to be licensed) do not use the application. If you do not agree to the terms of the Cloud Storage Agreement, Application License Agreement, Site User Agreement, Community Section Agreement, or Contributor Agreement (Contributor Agreement only applicable if user is contributing content to be licensed) click “disagree/decline”.
Important Note: To the extent that this application may be used to reproduce materials, it is licensed to you only for reproduction of materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this application may be used for remote access to video files for viewing between computers, remote access of copyrighted videos is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
Cloud Storage Agreement
Your Digital Assets & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to NIMIA (together, “your digital assets”). You retain full ownership to your digital assets. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your digital assets or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your digital assets, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Ninu Media, Inc. has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing Your Digital assets
The Services provide features that allow you to share your digital assets with others or to make it public. There are many things that users may do with those digital assets (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Ninu Media, Inc. has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Ninu Media, Inc., will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Ninu Media, Inc., are responsible for maintaining and protecting all of your digital assets. Ninu Media, Inc. will not be liable for any loss or corruption of your digital assets, or for any costs or expenses associated with backing up or restoring any of your digital assets.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Ninu Media, Inc. of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to NIMIA, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Ninu Media, Inc. Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Ninu Media, Inc. trademarks, logos, domain names, or other brand features. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Ninu Media, Inc. respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
506 2nd Ave. Seattle, WA 98104
The Services may contain links to third-party websites or resources. Nimia does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
NIMIA is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Ninu Media, Inc. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NINU, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NINU MEDIA, INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO NINU MEDIA, INC. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Ninu, Inc. with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Ninu, Inc.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Ninu, Inc. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Ninu, Inc. and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Application License Agreement:
- Permitted License Uses and Restrictions.
- Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use NIMIA. To the extent that NIMIA may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make NIMIA available over a network where it could be used by multiple computers at the same time.
- You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of NIMIA, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with NIMIA). Any attempt to do so is a violation of the rights of Ninu, Inc. and its licensors of NIMIA.
- Certain components of NIMIA and third party open source programs included with NIMIA have been or may be made available by Ninu, Inc. You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified NIMIA is used, in place of the unmodified NIMIA, on a single Ninu, Inc.-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Ninu, Inc. is not obligated to provide any maintenance, technical or other support for the resultant modified NIMIA.
- Transfer. You may not rent, lease, lend, redistribute or sublicense NIMIA. You may, however, make a one-time permanent transfer of all of your license rights to NIMIA to another party, provided that: (a) the transfer must include all of NIMIA, including all its component parts, original media (if any), printed materials and this License; (b) you do not retain any use of NIMIA, full or partial, and (c) the party using NIMIA reads and agrees to accept the terms and conditions of this License.
- Consent to Use of Data.
- If you opt in to diagnostic and usage collection, you agree that NIMIA and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application application, and peripherals, that is gathered periodically to facilitate the provision of application updates, product support and other services to you (if any) related to NIMIA and to verify compliance with the terms of this License. Ninu, Inc. may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve Ninu, Inc.’s products and services.
- You agree to allow NIMIA to gather information about videos uploaded, viewed, or purchased and to send information to Ninu, Inc. about the content you select in NIMIA in order to provide you with personal recommendations. By using NIMIA, you agree to Ninu, Inc.’s use of such information.
- Other Services.
- You understand that by using any of Ninu, Inc.’s Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Ninu, Inc. shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres, portfolios, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Ninu, Inc. does not guarantee their accuracy.
- Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Ninu, Inc. is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Ninu, Inc., its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that Ninu, Inc. is not in any way responsible for any such use by you.
- You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary content, information and material that is owned by Ninu, Inc. and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Ninu, Inc. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Ninu Media, Inc. is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
- In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Ninu, Inc. Application are not available in all languages or in all countries or regions. Ninu, Inc. makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Ninu, Inc. and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Ninu, Inc. be liable for the removal of or disabling of access to any such Services. Ninu, Inc. may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Ninu Media, Inc. if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of NIMIA and destroy all copies, full or partial, of NIMIA. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.
- Disclaimer of Warranties.
- If you are a customer who is a consumer (someone who uses NIMIA outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF NIMIA AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMIA AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NINU, INC. AND NINU, INC.’S LICENSORS (COLLECTIVELY REFERRED TO AS “NINU MEDIA, INC.” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO NIMIA EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- NINU, INC. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF NIMIA AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY NIMIA WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF NIMIA AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN NIMIA OR SERVICES WILL BE CORRECTED, OR THAT NIMIA WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY APPLICATION, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS APPLICATION MAY AFFECT THE USABILITY OF THIRD PARTY APPLICATION, APPLICATIONS OR THIRD PARTY SERVICES.
- YOU FURTHER ACKNOWLEDGE THAT NIMIA AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY NIMIA OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINU, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD NIMIA OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL NINU, INC. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE NIMIA OR SERVICES OR ANY THIRD PARTY APPLICATION OR APPLICATIONS IN CONJUNCTION WITH NIMIA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NINU, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ninu, Inc.’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control. You may not use or otherwise export or reexport NIMIA except as authorized by United States law and the laws of the jurisdiction in which NIMIA was obtained. In particular, but without limitation, NIMIA may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using NIMIA, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use NIMIA for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
- Government End Users. NIMIA and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Application” and “Commercial Computer Application Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Application and Commercial Computer Application Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Washington. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. This License and the Site User Agreement constitutes the entire agreement between the parties with respect to the use of NIMIA licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to License content as a Contributor with Ninu, Inc., which will govern your use of such services. No amendment to or modification of this License will be binding unless in writing and signed by Ninu, Inc.. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
Site User Agreement:
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NINU, INC (dba NIMIA). By using the Nimia web site (“Site”) and/or downloading any content or activating an account, you agree to be bound by and comply with this Site Usage Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. Ninu, Inc. reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.
This Agreement is in addition to your obligations under the applicable Content License Agreement (if any). In the event of any conflict between this Agreement and the Content License Agreement, the Content License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Nimia Customer Service.
Permitted Use of this Site
This Site is owned and operated by Ninu, Inc. (Nimia). All images, audio, video and related informational materials in any medium furnished by Nimia hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by our licensors or by us and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable Content License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Nimia.
FOR THE PROTECTION OF NIMIA AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM NINU MEDIA AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to Nimia’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by Nimia in writing, you may not:
- deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;
- violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;
- copy, redirect, or exploit the Site or any Content;
- probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of Nimia’s customers; or
- use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.
Your use of this Site and any Content shall comply with all applicable law. Nimia reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Nimia. Nimia may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Nimia. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and Nimia provides no warranty or guarantee that Content you have licensed will be available from the Site.
Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle Nimia to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Nimia in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties Nimia may be entitled to under this Agreement, any applicable Content License Agreement and applicable law. The foregoing is not a limiting statement of Nimia or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or Content License Agreement.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Ninu Media. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
Please note that if you use Nimia’s Community Section, including blogs and discussion threads described further below, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these pages. You may, at any time, request access to, correct and delete personal information about you stored by Nimia with respect to these Community Section by contacting us directly.
Registering for a Nimia Account
Registration with Nimia grants you certain privileges. For example, if you have registered for a Nimia account and Nimia has approved your registration, you may be able to access Content without a visible watermark. In applying for a Nimia account, you agree to furnish true and accurate information. Nimia reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by Nimia. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Nimia of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Nimia of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Nimia, and that Nimia is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.
If you suspect you are being impersonated, contact us immediately. Nimia reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Nimia and its members.
Nimia cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Nimia account or Site or related services.
Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
You may not use the trademarks or service marks of Nimia without Nimia’s prior written consent. “Ninu Media,” “Ninu”, “NIMIA”, “Ninu Motion,” “Ninu Film”, “Ninu Shorts”, “Ninu TV”, “Ninu Indy”, “Black Board”, “White Board”, “Director’s Chair” and any associate logos are trademarks of Ninu, Inc. Other product and company names mentioned on the Site are trademarks of their respective owners.
You agree to indemnify and hold harmless Nimia and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users and (v) any claims arising out of Content you supply via the Community Section.
Disclaimers and Limitation of Liability
NIMIA PROVIDES YOU WITH THE SITE AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK.
NIMIA MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NINU MEDIA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER NIMIA NOR ANY NINU MEDIA SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
NIMIA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF NIMIA, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF NIMIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH NIMIA TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND NIMIA MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. NIMIA ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO NINU MEDIA, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND NIMIA.
NIMIA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO NINU MEDIA IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT NINU MEDIA’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL NINU MEDIA’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED $500.00.
Third Party Links
As a convenience, our Site may link to other sites that may be of interest to you but are not under Nimia’s control. These links do not imply endorsement by Nimia and we are not responsible for the availability of or the content contained in any linked site.
Notification of Copyright Infringement
Nimia may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Nimia’s copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit Nimia to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Nimia’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Nimia Copyright Agent
506 2nd Ave. Suite 1400
Seattle, WA 98104
By email: [email protected]
Choice of Law / Jurisdiction / Attorneys’ Fees
Any dispute regarding this Agreement shall be governed by the laws of the State of Washington and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Washington, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between Nimia and you, Nimia shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
Community Section Agreement:
The Site may contain chat rooms, discussion forums, bulletin boards, review services or other forums in which you or third parties may post Content, messages, materials or other items on the Site (“Community Section”).
If Nimia provides such Community Section, You are solely responsible for your use of such Community Section and use them at your own risk. You agree that all the information posted or accessed will be used only for your individual personal purposes. You will not make any other unauthorized use of this Site, or any interactive features available on this Site. You agree that you are responsible for your own use of the Site, for any Content you upload, and for any consequences thereof.
- Profiles.Nimia may require you to furnish additional information or agree to additional terms before permitting you to access certain features of the Site you agree to access the authorized sections of the Site and your account only by using the account information and password supplied to you by Nimia. You acknowledge that your user name may be displayed on the Site in connection with any content you submit.For use of Community Section, Nimia will enable registered users to create a community profile of themselves. Please note that if you delete your profile, all Content you submit (“User Content”), including work and information created by that user may be deleted.
- Permitted Use of Community Section.
- Subject to the terms of this Agreement, you may post User Content consisting of images, tags, keywords, reviews, comments, and other material relating to Content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Hotlinking to other third party Sites is not permitted.
- In posting any User Content, you represent and warrant that:
- you are the sole owner of the User Content and its copyright and/or have the right to grant Nimia the rights in the User Content set forth in this agreement;
- the User Content is original and does not infringe on or violate or misappropriate the statutory copyright or common law rights of privacy, publicity, or moral rights of any third party;
- the User Content is not pornographic or obscene nor does it defame any third party;
- the User Content does not contain any illegal material or promote illegal activities; and
- the User Content does not contain any material that denigrates or attacks any persons based on race, religion, national origin or sexual orientation.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of material or User Content posted or submitted to the Site.
- Nimia reserves the right (but not the obligation) to remove or edit such material, but does not regularly review posted User Content. Tags, keywords, reviews, and comments posted on, and other material or content submitted to or through the Site are public, not private, and while Nimia reserves the right (but not the obligation) to screen postings, no posting on or submission to or through Site should be considered approved, reviewed, or endorsed by Nimia.
- You agree to abide by the Code of Conduct linked to the Community Section.
- Grant of Rights/Indemnity.
- You grant Nimia and its affiliates and sub-licensees the right to use your user name, or the name and avatar that you submit in connection with such User Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the information provided in association with the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity;
- The Community Section is not intended to be used as back up drive or asset management system. Nimia provides no warranty or guarantee that User Content you have submitted on the Community Section will be available from the Site.
- Nimia takes no responsibility and assumes no liability for any User Content posted by you or any third party on the Community Section. You understand and agree that for purposes of any Community Section, Nimia is acting only as a Service Provider as defined in 17 U.S.C. § 512 and as an Interactive Computer Service as defined in 47 U.S.C. § 230(f)(2). As such, Nimia only operates the pages from which contributors may offer and users may post User Content, information and materials. Nimia does not guarantee the safety, quality or legality of the contributor content or the accuracy of the information provided.
- Accordingly, you irrevocably waive and unconditionally release and waive any and all claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, you may have or assert against Nimia relating to or arising out of any use of User Content or of these Community Section.
You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content and User Content are provided by third parties and that Nimia cannot control such Content.
The following constitute violations of this Agreement and may result in immediate termination or suspension of your account:
- any use of the Site or any Content for illegal purposes, or in support of illegal activities. Nimia reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing;
- harming, or attempt to harm, minors in any way, including, but not limited to child pornography;
- transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property, or that harasses another;
- making commercial use of any Nimia Community Section, including offering to sell or selling goods or services via the forum,
- making fraudulent offers to sell or buy products, items, or services (including Content), or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters”;
- adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
- transmitting any unsolicited commercial or unsolicited bulk e-mail, or malicious intent to impede another person’s use of electronic mail services or news, or forging any message header, in part or whole, of any electronic transmission, originating or passing through the Nimia service;
- accessing, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Nimia’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
- transmitting any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- collecting, or attempt to collect, personal information about third parties without their knowledge or consent in violation of any applicable statute or ordinance;
- any activity that affects the ability of other people or systems to use Nimia Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited;
- any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it;
- intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems, or use of software or any device that would facilitate a continued connection, i.e. pinging, while using Nimia services;
- reselling or giving away free access to Nimia services or resources.
You agree that you will not attempt to enter restricted areas of Nimia’s computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Nimia may, without notice, temporarily or permanently suspend your access to the Site and the Content by deactivating your account or password if Nimia reasonably suspects that you are using the account or password to obtain unauthorized access to Nimia’s other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Nimia may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
Termination of this Agreement
This Agreement is effective until terminated by Nimia, in its sole and absolute discretion. Nimia may terminate this Agreement with or without notice to you and will do so if you use or attempt to use the Site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by Nimia shall be in addition to and without prejudice to such rights and remedies as may be available to Nimia, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate. The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Choice of Law provisions of this Agreement shall survive the termination or expiry of this Agreement.
The Site is controlled, operated, and administered by Nimia from its offices within the United States of America. The Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that Nimia intends to market, promote, or distribute such Content, including products and services, in your country. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
The Producer Agreement only applies if you choose to license your content through Nimia. If you don’t license content with Nimia, the Producer Agreement does not apply. If you decide to license your content through Nimia you hereby agree to be bound by the terms of the Producer Agreement. The Producer Agreement governs the terms by which contributors provide video and other media content to be licensed through the web site located at https://app.nimia.com (the “Site”) , and to other prospective purchasers through other distribution venues as provided for in the Producer Agreement. The Producer Agreement is available in PDF form here.