Donate

Please help support Ninja Nerd to continue creating free medical videos. All donations we receive are put directly into content creation so we are able to continue providing these videos for free. Thanks!

You have successfully created an account. Happy learning!
You are now logged in.
You are now logged out.

Terms and Conditions

Welcome to NINJA NERD! The following agreement (“Agreement” or “Terms & Conditions'') describes the terms under which Ninja Nerd Inc. (“Ninja Nerd”) offers you use and access to its services and products.

BY CLICKING THE “I’ve read and agree to Ninja Nerd’s Terms and Conditions” BUTTON OR BY REGISTERING FOR, SUBSCRIBING TO, ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF WWW.NINJANERD.ORG (“THIS WEBSITE”) OR ANY NINJA NERD SERVICES, PRODUCTS, WEBSITES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT THAT YOU ARE OF MAJORITY AGE AND CAPABLE OF ENTERING INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY SERVICES OR PART OF THIS WEBSITE.

NINJA NERD RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN NINJA NERD’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS & CONDITIONS” HYPERLINK LOCATED AT THE BOTTOM OF THE HOME PAGE OF THIS WEBSITE.

PLEASE READ ALL TERMS CAREFULLY BEFORE REGISTERING FOR, SUBSCRIBING TO, ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY SERVICES OR PART OF THIS WEBSITE:

‍

‍1. SUBSCRIPTION

You may be required to purchase and/or register for a subscription plan to access parts of this Website and/or Services and educational content of Ninja Nerd accessed through www.ninjanerd.org (“Subscription Plan”). Ninja Nerd offers a number of different types of Subscription Plans. Pricing, available content or resources, and period of time that the Subscription Plan is active (“Subscription Term”) vary depending on your selected Subscription Plan(s). Ninja Nerd reserves the right, in its sole discretion, to remove, modify or update any and all content or features and functionality of the Subscription Plan or Services during the Subscription Term. To be eligible to access and use Ninja Nerd’s Services through a Subscription Plan, you must (i) be of majority age in the applicable jurisdiction and capable of entering into a binding agreement; (ii) have an account in good standing with Ninja Nerd, including all payment of fees and taxes; (iii) be in compliance with this Agreement; and (iv) meet any additional eligibility requirements that Ninja Nerd may determine for a Subscription Plan. For example, Ninja Nerd may offer types of Subscription Plans that are only available to organizations/entities that wish to provide Ninja Nerd services to their students, residents or clinicians in a medical field (“Institutional Subscription”).

If you are using Services or subscribing to a Subscription Plan on behalf of an entity, you represent to Ninja Nerd that you have authority to bind the entity to the terms of this Agreement.

‍   a. SUBSCRIPTION TERM

Access to Services under your Subscription Plan automatically renews at the end of your current subscription tier. In regard to automatic renewal, you agree to the Terms & Conditions and Policies, including pricing and fees, that are current at the time of renewal. Ninja Nerd reserves the right, in its sole discretion, to restrict, modify, suspend or terminate your access to any, all or any portion of, this Website, Services and/or your subscription for any reason at any time, without notice.

   b. ACCOUNT REGISTRATION

To subscribe to or access parts of this Website and/or Services, you may be asked to provide certain registration details or other information. If Ninja Nerd believes that the information you provide is not correct, not current, or incomplete, Ninja Nerd has the right to refuse access to this Website or any of its Services, and to terminate or suspend your access at any time. During the registration process, you must choose a user name and a password. When choosing a user name, you may not select the name of another person with the intent to impersonate that person; a name that violates any trademark rights, copyright or other proprietary right; or a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable. If Ninja Nerd finds such a user name to be offensive or improper, Ninja Nerd will be entitled, in its sole and absolute discretion, to change the name and/or terminate your use of the Service. Any passwords used for this Website and/or Services are for your individual use only. You may not share or distribute to a third party any login name or password used for accessing Services. Ninja Nerd reserves the right to monitor any account for multiple logins. In the event that Ninja Nerd believes at its sole discretion that an account is being used by multiple users at the same time, Ninja Nerd reserves the right to terminate that account without any notice or refund. You will be responsible for the security and confidentiality of your password and should not disclose your account details to anyone else. Ninja Nerd will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. However, you could be held liable for losses incurred by Ninja Nerd or another party due to someone else using your account or password. Ninja Nerd will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Ninja Nerd considers insecure, Ninja Nerd will be entitled to require the password to be changed and/or terminate your account. In the event that you become aware of or reasonably suspect any breach of security, you must immediately notify Ninja Nerd. Ninja Nerd reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Ninja Nerd to disclose the identity of anyone posting any emails or messages, transmitting, publishing or otherwise making available any materials that are believed to violate terms of this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NINJA NERD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NINJA NERD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NINJA NERD OR LAW ENFORCEMENT AUTHORITIES.

   c. PAYMENT

You agree to pay Ninja Nerd for any and all charges or fees for Services in accordance with terms specified in your invoice or otherwise in effect at the time of purchase. You will pay any applicable taxes, if any, relating to any such transactions. Ninja Nerd, in its sole discretion and at any time, may modify pricing, fees, or any payment terms for any Services without notice. You may be asked to supply certain information relevant to your purchase including, but not limited to: credit/debit card number, expiration date, CVV2 code, payee name, email address and billing address (“Billing Information”). You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any transaction; and that (ii) the information you supply to Ninja Nerd is true, correct and complete. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to, error in your order, fraud or an unauthorized or illegal transaction is suspected, or other reasons.

With respect to transactions, we may use a third party not affiliated with Ninja Nerd to process payments (a “Third Party Processor”). By submitting Billing Information, you grant Ninja Nerd the right to provide personal and financial information requested for billing purposes to a Third Party Processor for purposes of facilitating the completion of transactions, and authorize Ninja Nerd or a Third Party Processor to charge your payment method for purchased Services. You also agree and understand that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such a Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor. By submitting Billing Information, you grant Ninja Nerd the right to provide personal and financial information requested for billing purposes to the merchant bank for authorization and approval. Ninja Nerd will treat any personal information that you submit through this Website and/or Services in accordance with its Privacy Policy, which is incorporated into this Agreement by reference as if set forth fully herein, and which you can find at https://www.ninjanerd.org/privacy-policy.

   d. REFUND POLICY

Unless otherwise provided for under terms of this Agreement, or at the sole discretion of Ninja Nerd, all fees are NON-REFUNDABLE and NON-TRANSFERABLE, and no refunds or credits will be granted, including for any unused content or partially unused period of time during the Subscription Term. You may cancel your subscription at any time, however you will not be entitled to receive a refund or credit. If in its sole discretion, Ninja Nerd issues a refund or credit, Ninja Nerd is under no obligation to issue the same or similar refund in the future.

2. INTELLECTUAL PROPERTY

   a. OWNERSHIP

You agree that the material and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) accessible from this Website and/or use of Services, and any other web site owned, operated, licensed, or otherwise controlled by Ninja Nerd (the “Property”) is the proprietary information of Ninja Nerd, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that Ninja Nerd is the sole owner of all right, title, and interest in Ninja Nerd Property, in all derivative works, and in Ninja Nerd’s patents, trademarks, copyrights, service marks, logos, or other intellectual properties, all of which are retained by Ninja Nerd. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Property. Neither title nor intellectual property rights are transferred to you by access to this Website and/or use of Services. Modification or use of the Property, except as expressly provided in this Agreement, violates Ninja Nerd’s intellectual property rights.

You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this Website or Property, except as expressly permitted under this Agreement.

   b. NON-AFFILIATION

Ninja Nerd is a commercial educational service provider for medical students, residents, and clinicians who are preparing for medical school admission, medical school Shelf exam, residency In-training exams, physician assistant certification exams, or graduate certification or recertification exams. Ninja Nerd is in no way sponsored by, endorsed by, or affiliated with the National Board of Medical Examiners (NBME®), Federation of State Medical Boards (FSMB), or any other professional accredited medical exam provider. All trademarks are the property of their respective owners.

3. LICENSE

   a. LIMITED LICENSE TO ALL SUBSCRIBED LEARNERS

Ninja Nerd hereby grants to all individuals with a Subscription Plan and all students, residents and clinicians covered under an Instructional Subscription (collectively, “Subscribed Learners”), subject to one’s compliance with this Agreement and Policies, a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, and non-commercial license to access and view the educational content of Ninja Nerd available to the Subscribed Learner through a paid subscription to Ninja Nerd products and Services and accessed through www.ninjanerd.org, including lecture illustrations and notes content and to use Ninja Nerd Content for personal non-commercial use and only to the extent permitted by this Agreement.

   b. LIMITED LICENSE TO INSTRUCTORS ASSOCIATED WITH AN INSTITUTIONAL SUBSCRIPTION

Subject to your compliance with this Agreement and Policies, Ninja Nerd hereby further grants to an instructor associated with an Institutional Subscription (“Instructor”) a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable and non-commercial copyright license to reproduce and create derivative works of Ninja Nerd Content in the form of custom exams, tests, and assessments (the “Exams”), and for Instructor to distribute the Exams through a secure online exam portal to its students, residents or clinicians in a medical field (“Students” or “Student”) subject to the terms of your subscription to Ninja Nerd services. Instructor agrees that the Exams will preserve the overall appearance of the Ninja Nerd Content and not materially modify the Ninja Nerd Content. This limited license is for the purpose of allowing Instructor the limited ability to create custom exams using Ninja Nerd Content that Instructor will offer on a secure online testing platform (the “Purpose”). Instructor will obtain all other necessary rights, licenses, and permissions to use the Exams for the Purpose, including but not limited to the payment of license fees for an online secure testing portal service. Use of the Ninja Nerd Content for any purpose other than the Purpose is strictly prohibited. Instructor may not, during or after the Term, license, sublicense, or authorize third parties to use the Ninja Nerd Content or Exams except as provided herein. Instructor agrees to include a copyright notice on the Exams or Ninja Nerd Content distributed to Students under this Agreement in the following format: “All materials of Ninja Nerd Inc. used under license. © 2022 Ninja Nerd Inc. All rights reserved.”

   c. RETURN OR DESTRUCTION OF MATERIALS

All Ninja Nerd Content, Exams, or materials derived from Ninja Nerd Content in Instructor’s or Students’ possession or control in tangible or electronic form must be returned, erased or destroyed within thirty (30) days of the expiration of the Institutional Subscription’s Subscription Term and must not thereafter be retained in any form by Instructor or Students. For the avoidance of doubt, compliance with this provision includes removal of the Exams and all Ninja Nerd Content from any secure online exam portal by Instructor on behalf of Instructor and its Students. Instructor must inform Students of the terms of this provision.

   d. TERM OF LIMITED LICENSES

Ninja Nerd reserves the right to terminate any and all licenses or to change or modify any terms of any and all licenses, at any time in its sole discretion. All licenses granted to you under this Agreement shall automatically terminate upon termination or expiration of your Subscription Term. Ninja Nerd reserves all rights of every kind and nature except those specifically granted to you.

   e. AUDIT COMPLIANCE WITH LICENSE TERMS

Ninja Nerd may, at its election and with reasonable notice, audit your use of Ninja Nerd Content and copyrighted materials to ensure compliance with this Agreement. You (and if an Instructor, on behalf of itself and its Students) agree to provide access to relevant records and to cooperate with any such review or inquiry.

   f. SUBMISSIONS

You hereby grant to Ninja Nerd the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Ninja Nerd through this Website and/or use of Services (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Ninja Nerd will not treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Ninja Nerd operations. Ninja Nerd will treat any personal information that you submit through this Website in accordance with its Privacy Policy which you can find at https://www.ninjanerd.org/privacy-policy

4. USER OBLIGATIONS

As a condition of your use of this Website and/or Services, you warrant to Ninja Nerd that you will use this Website, Services, or Ninja Nerd Content, only for purposes that are lawful and permitted by this Agreement or Policies.

This is a non-exhaustive list of obligations that you – not Ninja Nerd – are solely responsible for:

  1. Promptly updating all information to keep your account information current, complete and accurate (such as name, email address, billing address, etc.).
  2. Ensuring that your computer or mobile device is appropriately used and safeguarded.
  3. Notifying Ninja Nerd immediately in the event that your computer or mobile device is lost or stolen, so that we may disable access to the account. Any violations of this Agreement or Polices by a third party accessing your account will be treated as if you performed those violations, and you will be fully liable for any damages directly or indirectly resulting from those violations.
  4. Determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s proprietary rights. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
  5. Obtaining access to the Internet and providing all equipment and software necessary to make such a connection to the Internet – including a computer or other device.
  6. Payment of any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
  7. Using a Ninja Nerd recommended system requirements including the version of an operating system, Internet browser, and any other required software or compatible device to access Services.
  8. Obtaining and paying fees related to any additional software, subscription, connectivity services or equipment necessary to access the Services, including but not limited to payment of all associated third-party fees.
  9. Any damages to your devices, operating systems, and/or any data loss resulting from the direct or indirect installation or use of any software or mobile applications. No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).
  10. Implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Ninja Nerd does not assume any responsibility or risk for, or costs related to, your use of the Internet. You understand that Ninja Nerd cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.

5. PROHIBITED USES

You may use this Website and/or Services for purposes expressly permitted by this Website and/or Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided to you through this Website and/or Services.

Ninja Nerd specifically limits your use of this Website and/or Services. By using the Website and/or Services, you agree to the following limits on your use, and you further agree not to assist others to use the Website and/or Services as follows:

  1. For any commercial purposes.
  2. In any way that violates any applicable federal, state, local or international law or regulation.
  3. For the purpose of exploiting, harming or attempting to exploit or harm others, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  4. To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  5. To impersonate or attempt to impersonate Ninja Nerd, a Ninja Nerd agent or employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by Ninja Nerd, may harm Ninja Nerd or users of this Website or expose them to liability.
  7. Use Services in any manner that could disable, overburden, damage, or impair Services or interfere with any other party’s use of Services, including their ability to engage in real time activities through them.
  8. Use any process to monitor or copy, including reverse engineering, any of the material, Ninja Nerd Content or Property on this Website or for any other unauthorized purpose without Ninja Nerd’s prior written consent.
  9. Use any device, software or routine that interferes with the proper working of Services, or otherwise attempt to interfere with the proper working of any activity conducted on this Website.
  10. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  11. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
  12. Reproduce any part of this Website or Ninja Nerd Content on any bulletin boards, web sites, discussion forums, Internet domains, or online chat rooms.
  13. Post a hyper-link to this Website without the prior consent of Ninja Nerd.

6. THIRD PARTY PROVIDERS

Certain features of this Website and/or Services may use the services and/or products of third-party vendors and business partners, which services and/or products may include software, information, data collection or other services. When using features from third-party service providers, you understand that you may be subject to additional terms of use/service and privacy policy(ies) of the third party service provider. As a result of your use of this Website and/or Services, additional fees and charges from your third party service providers may apply.

If you access a Service through a mobile application or other type of third party platform, the applicable end user license agreement for the service through which you downloaded the application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platform terms in addition to this Agreement.

7. HYPER-LINKS

This Website may be hyper-linked to other sites which are not maintained by, or related to, Ninja Nerd. Hyper-links to such sites are provided as a service to users and are not sponsored by, endorsed by, or affiliated with this Website or Ninja Nerd. Ninja Nerd has not reviewed any or all of such sites and is not responsible for the content of those sites. Ninja Nerd is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and Ninja Nerd makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Website. Ninja Nerd provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Ninja Nerd of that site or any association with its operators.

8. DISCLAIMER – NO WARRANTIES

Use of this Website and/or Services are for educational purposes only. This Website and/or Services are designed as a study tool and not intended to be all-inclusive and not meant to define the standard of care for the clinical practice of any health care specialty. Also, this review should not be used to replace the required core content of any medical school, residency, physician assistant, nursing, or continuing education. The materials on this Website are provided for general medical education purposes only and are not meant to be applied rigidly and followed in all cases. Use of this information in a particular situation remains the professional responsibility of the practitioner. The information provided in Ninja Nerd is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. You understand that the content presented in the self-assessment examination or other Services serve as an educational tool only.

Ninja Nerd disclaims any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, from the use and application of any of the contents of the Services.

YOUR USE OF THIS WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. SERVICES, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NINJA NERD DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. NINJA NERD DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NINJA NERD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NINJA NERD MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NINJA NERD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF SERVICES, THIS WEBSITE OR ITS CONTENT. NINJA NERD MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

9. LIMITATION ON LIABILITY

NINJA NERD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NINJA NERD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NINJA NERD AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NINJA NERD FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10. INDEMNITY

You will release, indemnify, defend, and hold Ninja Nerd, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, or inability to use this Website and/or Services, information provided by this Website and/or Services, or participation in a contest or a related activity offered through this Website and/or Services, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) breach of this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond Ninja Nerd ’s control that may cause this Website and/or Services to be disrupted or corrupted, (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of this Website and/or Services, and (iv) any printing or typographical errors in or on the Website and/or Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website and/or Services.

11. DMCA GUIDELINES

Pursuant to the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ninja Nerd’s copyright agent the information listed below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that can claim has been infringed upon;
  • A description where the material that you claim is infringing is located on this Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Ninja Nerd Inc. Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Ninja Nerd Inc.

ATTN: DMCA Agent

701 W. Broad Street

Bethlehem, PA, USA 18018

Please note that this procedure is exclusively for notifying Ninja Nerd that your copyrighted material has been infringed. ALL INQUIRIES NOT RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.

12. MISCELLANEOUS

These Terms & Conditions will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and Ninja Nerd arising out of these Terms & Conditions or pertaining to the subject matter hereof. The parties to these Terms & Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms & Conditions will be in Northampton County Circuit Court in Bethlehem, Pennsylvania. If any part of these Terms & Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Failure to enforce or delay in enforcing any provision of this Agreement will not constitute a waiver of any rights under any provisions of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ninja Nerd as a result of this agreement or use of this Website and/or Services. These Terms & Conditions constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Ninja Nerd with respect to this Website and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that all agreements, notices, disclosures and other communications that Ninja Nerd provides to you electronically satisfy any legal requirement that such communications be in writing. You additionally agree and understand that you may receive email communication from Ninja Nerd related to your use of this Website and/or Services to a registered email address, which you agree to notify Ninja Nerd of any changes.

Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

Ninja Nerd may revise these Terms & Conditions at any time by updating this posting.