Neon Noise Lab App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Neon Noise Lab and governs use of this app made available through the Apple App Store and Google Play. By installing the Neon Noise Lab App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Neon Noise Lab App.

In order to ensure Neon Noise Lab provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature found under each tag by tapping the elipses.

1. Parties: This Agreement is between you and Neon Noise Lab only, and not Apple, Inc. (“Apple”) or Google. Notwithstanding the foregoing, you acknowledge that Apple, Google and their subsidiaries are third party beneficiaries of this Agreement and Apple and Google have the right to enforce this Agreement against you. Neon Noise Lab, not Apple or Google, is solely responsible for the Neon Noise Lab App and its content.

2. Privacy: Neon Noise Lab may collect and use information about your usage of the Neon Noise Lab App, including certain types of information from and about your device. Neon Noise Lab may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Neon Noise Lab App. More information can be found in the Neon Noise Lab Privacy Policy available by clicking the link below.

3. Limited License: Neon Noise Lab grants you a limited, non-exclusive, non-transferable, revocable license to use the Neon Noise Lab App for your personal, non-commercial purposes. You may only use the Neon Noise Lab App on Apple and Android devices that you own or control and as permitted by the App Store Terms of Service and the Google Play Terms of Service.

4. Age Restrictions: By using the Neon Noise Lab App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Neon Noise Lab App does not violate any applicable law or regulation. Your access to the Neon Noise Lab App may be terminated without warning if Neon Noise Lab believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Neon Noise Lab App, you agree to be bound by this Agreement in respect to your child’s use of the Neon Noise Lab App.

5. Objectionable Content Policy: Content may not be submitted to Neon Noise Lab, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty: Neon Noise Lab disclaims all warranties about the Neon Noise Lab App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Neon Noise Lab, not Apple or Google, shall be solely responsible for such warranty.

7. Maintenance and Support: Neon Noise Lab does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Neon Noise Lab, not Apple or Google, shall be obligated to furnish any such maintenance or support.

8. Product Claims: Neon Noise Lab, not Apple or Google, is responsible for addressing any claims by you relating to the  Neon Noise Lab App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Neon Noise Lab App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims: Neon Noise Lab shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Neon Noise Lab App. To the extent Neon Noise Lab is required to provide indemnification by applicable law, Neon Noise Lab, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Neon Noise Lab App or your use of it infringes any third party intellectual property right.