TERMS OF SERVICE

Terms of Service

These Terms of Service (“Agreement”) constitute an agreement between you, the user, (“You,” “User”) and NOMADsignal Inc. d/b/a The NOMADsignal Club (“We,” “Us,” “I,” “Me,” “NOMADsignal Club,” “NOMADsignal”) regarding your use of https://nomadsignal.com and/or https://nomadsignal.com/club (collectively “Website”).

Our Services

NOMADsignal Club is a website through which You may interact with Me, NOMADsignal, as an artist and receive certain benefits as a thank you for your support (“Services”). The benefits You may receive, as will be discussed in greater detail below, may be dependent upon the type of subscription package You decide to purchase. Generally speaking, such benefits include, without limitation, priority access to new songs I produce, behind-the-scenes content, visualizers, exclusive artworks and comics, whether digital or printed, and other private content inaccessible by the public at large, including signed merchandise, the listing of your name as a permanent credit on this Website, as well as the ability to purchase certain physical content, such as CDs (collectively “Benefits”).

Please note that the provision of all such Benefits is provided on an “as-is” basis. Due to my hectic touring and production schedule, there may be instances of delays in providing You with your Benefits. However, please be assured I will take all reasonable steps to ensure You receive your Benefits timely and to your satisfaction.

Furthermore, please be aware that the Services I provide, and specifically the provision of my music, visualizers, graphics, and other related content is made solely for your benefit as a paid subscriber. All such music, visualizers, graphics, and other associated content, including the files associated with the same, must be kept private, must not be copied or distributed, and must not be used for any purpose outside of those contemplated in this Agreement. Likewise, if You purchase any of my physical content, such as CDs and other related content, You hereby agree You shall not copy, sell, or otherwise distribute such physical content. By providing You with these Services and the associated Benefits, I aim to provide You with experiences and content You cannot receive anywhere else. As a result, I kindly ask that You remain mindful that my music and my art is both my passion and livelihood.

Thank you for your continued support. I look forward to continuing to make music and content for your enjoyment.

Our Subscriptions

Through NOMADsignal Club, You may receive certain Benefits by enrolling in one of our subscription packages. Depending on the subscription package You elect, You may receive certain Benefits, as will be discussed in greater detail below. Generally speaking, each subscription package is offered for a specified period of time, such that You will have access to such Benefits in either a Monthly or Annual package (“Subscription Window”). Accordingly, You will be billed for your subscription package either each month, or once a year, dependent on your selected subscription package. By subscribing to any of our subscription packages, You acknowledge and authorize that we will bill your provided credit card on an appropriate basis. You may choose to cancel your subscription package at any time.

Monthly Subscription Package

The Silver Monthly Subscription Package (“Monthly Package”) will provide You with the following set of Benefits:

  • Access to The Library (a continuously updated, large stream-able playlist of exclusive new songs).

The fee for the Monthly Package subscription is $9 every Subscription Window.

The Gold Monthly Subscription Package (“Monthly Package”) will provide You with the following set of Benefits:

  • Early access to new track releases, including extended play records and singles (estimated to be 8 new tracks annually);

  • Early access to release artwork(s);

  • Behind-the-Scenes content, such as a video revealing how a new track was recorded (estimated to be about 3-7 minutes in length);

  • Early access to new visualizers associated with newly released tracks; and

  • Access to all content previously available to Monthly Package subscribers.

(collectively “Monthly Benefits”). Accordingly, the Monthly Benefits will provide You with early access to my music and art. In other words, You will be able to experience my new music before anyone else.

The fee for the Monthly Package subscription is $23 every Subscription Window.

Annual Subscription Package

The Gold Annual Subscription Package (“Annual Package”) will provide You with the following set of Benefits:

  • All Monthly Benefits;

  • A signed CD after one year of uninterrupted enrollment in the Annual Package;

  • A signed poster after one year of uninterrupted enrollment in the Annual Package;

  • A printed comic book after one year of uninterrupted enrollment;

  • Digital NOMADsignal comics;

  • Potential access to unreleased music, which may be placed on the aforementioned signed CD;

  • A permanent listing on the physical CD and this Website in the “Credits Section,” which may be removable at your request by contacting us at the email provided below;

  • Automatic enrollment in merchandise giveaways, thus giving You a chance to win free merchandise such as t-shirts and posters; and

(collectively “Annual Benefits”). Accordingly, under the Annual Package, You will have early access to all of my music and art, as well as the certain merchandise-based rewards.

The fee for the Annual Package is $285 every Subscription Window.

Billing Authorization

By using our Services, whether in the form of the Monthly Package, the Annual Package, or otherwise, You acknowledge and authorize us to charge your credit card as necessary to renew your subscription. You acknowledge and agree that NOMADsignal may charge and process your payment using third-party payment processors, as discussed in greater detail in our accompanying Privacy Policy (available at: https://nomadsignal.com/privacypolicy). In accordance with applicable tax laws, You understand we may require additional information, such as your billing information, to complete any such payment.

Price Changes

We reserve the right to adjust the pricing of our Services, such as the Monthly Package and the Annual Package, in any manner, at any time, and in our sole discretion. NOMADsignal will notify You of any such price change to your account, such as through an email provided to the email address associated with your account.

Cancelling Your Subscription

You may cancel your subscription and/or use of our Services at any time and for any reason. To do so, please simply follow the directions through your account. Once You opt to cancel your subscription, You will not be charged at the next payment cycle. Alternatively, You may contact us at the email address provided below if You wish to cancel your subscription.

Refunds

All payments are nonrefundable once tendered. No refunds will be issued when cancelling your subscription during any given payment cycle.

Benefit Delays

Depending on the subscription You select, You may be eligible to receive certain Benefits that may be difficult to timely process, such as signed merchandise or the provision of certain digital goods, such as behind-the-scenes videos. While We will certainly do our best to ensure You receive any such Benefits in a timely manner, my production schedule, as well as the possibility of other unforeseen circumstances, may cause a delay in the provision of such Benefits. Accordingly, You hereby acknowledge and agree that any delay in such Benefits shall not constitute a breach of the terms of this Agreement in any manner, and that any such delay shall be excusable. We appreciate Your understanding and will do our best to ensure any such delay is resolved at its earliest opportunity. For questions regarding any delays to your Benefits, please contact us at the email address provided below.

Our Intellectual Property

Our Services, such as the Website and all content provided thereon, as well as the Benefits, including without limitation the music, visualizers and other graphic artworks, whether digital or physical, trademarks, service marks, look and feel of the Website, and the underlying software, constitute the protected intellectual property of NOMADsignal (“NOMADsignal IP”) and are protected by trade dress, trademark, copyright, patent, unfair competition, and other laws. Such Services and the Benefits are provided by Us solely for your limited use and enjoyment. In no circumstance may any of the foregoing, or any logo, graphic, sound, image, or “look and feel” relating to or otherwise offered on the Website be copied, imitated, distributed, made into a derivative work, or used in any manner not contemplated herein. Nothing in this Agreement shall be construed as providing You with a license to use any of the NOMADsignal IP apart from the limited use of listening and/or interacting with the same on our Website. All right, title, and interest in and to the NOMADsignal IP shall remain solely owned by NOMADsignal.

The NOMADsignal IP, and specifically the musical compositions included therein, is protected by copyright pursuant to the U.S. copyright laws, international conventions, and other applicable copyright laws. By using our Services and agreeing to the terms of this Agreement, You agree to abide by any and all copyright notices, information, or restrictions contained in any part of our Services. Copying, storing, displaying, or distributing any part of the NOMADsignal IP, including the musical compositions, whether in digital or physical form, is expressly prohibited.

By using our Services and agreeing to the terms recited in this Agreement, You hereby acknowledge and agree that any use of the NOMADsignal IP not contemplated herein shall be actionable by Us. Any unauthorized use of any of the NOMADsignal IP may violate copyright laws, trademark laws, and other applicable laws, regulations, and statutes.

Your Use of Our Services

By using our Services, You will be provided with a plurality of content inaccessible to the public. In exchange for this access, You hereby agree to the following:

  • You may only utilize the Services and Benefits through the Website’s streaming functionality. As such, You agree not to copy, store, transfer, or otherwise remove any of our Content as a file on your personal device, such as a laptop, phone, tablet, or other smart device, or otherwise provide the same to any other third party.

  • You may not display, perform, play, or otherwise utilize the NOMADsignal IP, including any musical compositions, visualizers, and/or graphics included therein, in a public, commercial setting.

  • You acknowledge and agree You may not use the NOMADsignal IP in any manner, including the integration thereof in any of your works, the decompiling, disassembling, or electronic transfer thereof to yourself or any third party, the modification thereof in any way, or the copying, reproduction, distribution, sale, transfer, license, or downloading thereof in any manner. You further acknowledge and agree that You may not make any derivative works from any of the NOMADsignal IP.

  • You acknowledge and agree that NOMADsignal shall retain sole ownership over all the NOMADsignal IP, including its musical compositions, visualizers, graphics, and software.

  • You agree that your use of our Services is personal to You and is not transferable to any other person. You agree not to enable, assist, help, facilitate, or otherwise allow multiple users to share a single subscription to our Services.

  • You agree not to upload or transmit viruses or any other type of malicious code that will affect the Website, the other users of the Website, or otherwise seek access to the Benefits. Likewise, You agree not to upload or transmit any data used for spam, phishing, pharming, or any other type of malware.

  • You agree not to use of Services in any manner not contemplated herein.

Your Representations and Warranties

In using our Services, You hereby represent and warrant that all information You provide to us is true and accurate. Further, You hereby warrant that your use of Services shall not: (a) be for any unlawful purpose; (b) be used to solicit others to perform or participate in any unlawful acts; (c) violate any international, federal, provincial, or state regulations, laws, rules, or ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of any third party; (e) be used to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against another person, in any manner; (f) be to submit false or misleading information; (g) be to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) be to collect or track the personal information of others; (i) be to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) be for any obscene or immoral purpose; or (k) be to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Disclaimers

OUR SERVICES ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTIES AS TO THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED BY OUR SERVICES OR THE PRODUCT WE OFFER FOR SALE THROUGH OUR SERVICES. FURTHER, WE MAKE NO REPRESENTATIONS THAT THE CONTENT PROVIDED ON THE SERVICES IS APPICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER RELATED TO THE SERVICES AND/OR PRODUCTS THEMSELVES, OR ANY MATERIAL, INFORMATION, OR DATA CONTAINED WITHIN THE SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY US SHALL CREATE ANY SUCH WARRANTY.

Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED BY OUR SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, ANY COMPUTER “VIRUSES,” “BUGS,” DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION AND/OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR ANY OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESETATIVE OF NOMADSIGNAL CLUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NOMADSIGNAL CLUB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES YOU PAID FOR OUR SERVICES OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity

You hereby agree to indemnify, hold harmless, and defend us and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your agreement to these Terms of Service, including, but not limited to your use of our Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall You settle any such claim without our prior written approval.

Termination

You may elect to terminate this Agreement at any time and for any reason by cancelling your subscription, as previously discussed. If We suspect You are violating any of the terms of this Agreement, We reserve the power to terminate Your account without notice or compensation. If You believe your account was wrongfully terminated, please contact us at the email address provided below.

Choice of Law and Forum

The Terms of Service will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof. Any dispute arising from our conduct or offering of our Services, these Terms of Service, or the associated Privacy Policy (available at: https://nomadsignal.com/privacypolicy) will be resolved in the United States District Court for the Southern District of Florida. By using our Services, You hereby agree to submit to jurisdiction in the foregoing forum.

Waiver of Right to Jury Trial

EACH PARTY WAIVES ALL RIGHTS TO ANY TRIAL BY JURY IN ALL LITIGATIONS RELATING TO OR ARISING OUT OF THESE TERMS OF SERVICE.

Modifications

We reserve the right to make changes to these Terms of Service at any time, provided we give You reasonable notice of such revisions. By continuing to use the Services after such notification, You agree to be bound by any such revisions.

Similarly, we reserve the right to unilaterally change the prices and fees associated with our Services, or alternatively the Services we choose to offer, at any time, for any reason, and without the provision of notice. In no circumstances shall we be liable for any reason relating any such change in price

These Terms of Service were last updated on March 9, 2023.

Severability

If any provision of these Terms of Service is held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provisions recited in these Terms of Service.

Entire Understanding

These Terms of Service, and any other terms, documents, and/or agreements expressly incorporated herein, represent the entire understanding between You and NOMADsignal Club regarding the subject matter expressed herein. To the extent there are any conflicts between these Terms of Service and any other agreement and/or understanding between You and NOMADsignal Club, it is expressly agreed these Terms of Service shall be controlling, unless explicitly and unequivocally stated in a separate, written agreement.

Contact Us

If You have any questions regarding these Terms of Service or our Services, please contact us at: support@nomadsignal.com.