THIS IS A LEGAL AGREEMENT BETWEEN YOU, (THE "USER"), AND NERO AG, IM STOECKMAEDLE 18, 76307 KARLSBAD, GERMANY (“Nero”,”us” or “we”).
1. Agreement scope, conclusion and revisions
This agreement governs the access to and use of the website, services and content offered
through the Nero BackItUp Service, Nero BackItUp Cloud Storage Subscription and any other website or
service that refers to this agreement (“Services”).
These Terms apply to all current and future versions
and all users of the Services, including registered and unregistered users of the Services.
1.2. Conclusion of the agreement.
THIS AGREEMENT BECOMES EFFECTIVE BY (i) YOUR ACCESS OR USE OF
THE SERVICES OR BY (ii) YOUR AGREEMENT TO THE SERVICES OBTAINED WHERE SUCH OPTION IS
MADE AVAILABLE TO YOU WITHIN THE SERVICES. ANY TERMS AND CONDITIONS DEVIATING FROM
THESE TERMS ARE ONLY EFFECTIVE IF EXPRESSLY APPROVED BY NERO. IF YOU DO NOT AGREE TO
THESE TERMS, YOU MAY NOT USE THE SERVICES.
1.3. Age of Consent.
You affirm that you are either (i) more than 18 years of age, or an emancipated minor
or (ii) possess legal parental or guardian consent
and are fully able and competent to enter into and
abide by these Terms.
In any case, you affirm that you are over the age of 13. If you are under 13 years of age, you may not
use the Services.
1.4. Revised Terms and Conditions.
Nero reserves the right to revise or amend these terms from time to
time. In such cases, you will receive appropriate notification of the changes e.g. via your contact details
provided in your account or upon use of the services. You agree that we may provide to you any required
notices, agreements, and other information concerning the Services electronically. BY YOUR CONTINUED
ACCESS OR USE OF THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF THE REVISED
AGREEMENT. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU MAY NOT USE THE SERVICES.
1.5. Changes to the Service.
Nero reserves the right at any time to change, interrupt, stop, or block users,
temporarily or permanently, from any part of the Services, as well as to end memberships or suspend
accounts, with or without notice. Nero also reserves the right to modify these services or to cancel them
completely, with or without notice. Nero is not liable to you or to any third party for any such changes,
interruptions, suspensions or discontinuances.
2. Account and Use
Nero grants you a personal, non-exclusive, non-transferable, limited, and revocable right to
access the Services as provided that (i) you agree to and comply with these Terms (ii) your use is
exclusively for your personal, educational, informational, and entertainment purposes (iii) you will not
copy or distribute any part of the Services in any medium without Nero's prior written consent and (iv)
you will not alter or modify any part of the services other than as may be reasonably necessary to use our
2.2. Access Costs.
Parts of the Services require Internet Access. You are solely responsible to ensure that
Internet access is available. You understand that you will be accountable for any costs arising from the
transfer of data originating from access to and use of the services. Nero recommends verifying applicable
charges with your Internet Service provider or mobile carrier before use of the Services.
In order to access certain features and/or services offered or accessible through the Services or
via Nero software products, you may be required to create an account, including a Nero ID and password.
Each user may only create one user account. Multiple registrations are not permitted.
When creating your account, you agree to: (i) provide true, accurate, current and complete information
about yourself as prompted by the Services account registration form (the "Registration Data") and (ii)
maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of your account.
You may not use a Nero ID, password or account other than your own, at any time without the express
consent of its owner.
2.4. Account Security.
YOU ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS ON YOUR
ACCOUNT, AND YOU MUST KEEP YOUR ACCOUNT PASSWORD SECURE AT ALL TIMES. YOU AGREE TO
NOTIFY NERO IMMEDIATELY OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT
BY SENDING AN E-MAIL TO PRIVACY@NERO.COM. NERO WILL NOT BE LIABLE FOR YOUR LOSSES
CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU MAY BE LIABLE FOR THE LOSSES OF
NERO OR OTHERS DUE TO UNAUTHORIZED USE OF THE SERVICES.
2.5. Limitation of Use.
You may not use our services for any purpose other than those set forth in these
Terms, including any commercial purpose, without our express prior written consent. For example, you
will not, and will not authorize any other person to, (i) display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner reasonably likely to give a user the impression
that such other party has the right to display, publish, or distribute our services or content accessible
within our services (ii) frame our services or portions thereof (whereby our services or portion thereof
would appear on the same screen with a portion of another web site), or (iii) use or launch any automated
system that accesses our services in a manner that sends more request messages to our servers in a
given period of time than a human can reasonably produce in the same period by using a conventional on-
line web browser. You agree to cooperate with Nero in causing any unauthorized co-branding, framing,
linking, or other illegal and/or unauthorized uses to immediately cease.
2.6. No Spam Policy.
You may not, or cause others to, collect or harvest any personally identifiable
information, including account names, from the services, nor use the communications systems provided
by our services for any commercial solicitation purposes.
3. Intellectual Property Rights
3.1. User Content.
The Services may provide functionalities allowing the upload, storage, submission or
transmission of videos, documents, music, sound, photographs or other files by Users (“User Content”)
and the sharing, and/or publishing of such files. Nero does not claim any ownership of the User Content
and you shall remain solely responsible any User Content you provide through the services. You retain all
of your ownership rights in your User Content.
Nero does not endorse any User Content or any opinion, recommendation, or advice expressed therein,
and we expressly disclaim any and all liability in connection with User Content.
3.2. User Content Requirements.
In connection with your User Content provided through the Services, you
affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize Nero to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by our services and these Terms; and (ii) you have the written
consent, release, and/or permission of each and every identifiable individual person in the User Content to
use the name or likeness of each and every such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by our services and these Terms.
In connection with any User Content provided through the services, you further agree that you will not (i)
submit material that is copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant Nero all of the license rights outlined
in these terms or (ii) publish falsehoods or misrepresentations that could damage Nero or any third party
or (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate applicable law, or is otherwise inappropriate or (iv)post
advertisements or solicitations of business; and/or impersonate another person.
3.3. User Content License.
By providing user content on the services, you hereby grant Nero and its
assignees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use,
reproduce, distribute, prepare derivative works of, display, and perform the User Content solely to provide
the services. By sharing your content through the services you grant the receiving users or individuals a
non-exclusive license to access your User Submissions through our services.
3.4. Nero’s Intellectual Property Rights.
You acknowledge that all content on the Services, except for all
User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the trademarks and trade names contained
therein, are owned by or licensed to Nero and are subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions. Content on our services is
provided to you AS IS for your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the respective owners. You agree not to
circumvent, disable or otherwise interfere with security related features of the services or features that
prevent or restrict use or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Services or the Content therein.
Nero does not permit copyright infringing activities and infringement of intellectual
property rights on the services and will remove all User Content if properly notified that such User Content
infringes on another's intellectual property rights. Nero reserves the right to decide whether User Content
is appropriate and complies with these Terms. Nero reserves the right to remove User Content without
Nero respects the intellectual property rights of others. If you believe that User
Content included on the Services are your proprietary work and have been utilized in a way that
constitutes an infringement, please immediately notify Nero of any such copyright or other intellectual
property rights infringement at email@example.com in the manner set forth below:
Our Copyright Agent may also be reached as follows:
330 North Brand Boulevard, Suite 800
You acknowledge that this contact information is only for reporting copyright infringement. All reports and
inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and
enforce these Terms. When reporting an infringement, please ensure you provide all of the following
(i)An electronic or physical signature of the person authorized to act on behalf of the owner of the
(ii)A description of the copyrighted work that you claim has been infringed and a description of the
(iii)A description of where the material that you claim is infringing is located on the Services (you must
include enough information to allow us to locate the material);
(iv)Your address, telephone number, and email address;
(v)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; and
(vi)A statement by you, made 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.
We will remove the infringing user content subject to the procedures outlined in the Digital Millennium
Copyright Act (DMCA). You acknowledge that if you fail to comply with all of the notice requirements of
the DMCA, your DMCA notice may not be valid.
6.1. Violation of these terms.
Your right to use the Services terminates automatically if you violate these
Terms or any rules or guidelines posted in connection with the Services. In this case Nero reserves the
right, in its sole discretion, to suspend or terminate your access to all or part of the Services with or
In the event of such violation, we may remove, block or permanently delete parts or all of
your User Content currently stored in the services without prior notice and at our sole discretion.
Nero reserves the right to terminate your right to use the Services if (i)you don’t access or
use the services for a period of 6 months and (ii) you are not subscribed to a Paid Subscription to the
services, with or without notice.
Nero will provide you with appropriate notification of such impeding
termination, e.g. via your contact details provided in your account or upon use of the services.
event of such termination, we may remove, block or permanently delete parts or all of your User Content
currently stored in the services without prior notice and at our sole discretion.
6.3. Termination by Users.
You may cancel your account and access to the services at any time without the
need to provide reasons. Any fees paid by you prior to your termination are non-refundable. You agree
and understand that in the event of such termination any user content provided to the services may
remain stored in the services for a limited period of time until permanently deleted.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO
JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT
NOT PERMITTED BY LAW.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, NERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NERO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NERO DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NERO WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
8.2. Limitation of Liability.
YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION
TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN
EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION
8.2 “PROVISIONS APPLICABLE IN THE
FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
IN NO EVENT SHALL NERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NERO IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND
NOTWITHSTANDING ANY FAILURE OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT NERO SHALL NOT BE LIABLE FOR USER CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8.3. Provisions applicable in the European Union.
IF YOU ARE A CONSUMER RESIDING IN A COUNTRY
THAT IS PART OF THE EUROPEAN UNION (EU) AND USING THE SERVICES IN SUCH COUNTRY, THE
FOLLOWING LIABILITY PROVISIONS SHALL APPLY:
NERO'S LIABILITY - IF SUCH SHOULD BE GIVEN BASED UPON WHATEVER LEGAL GROUND IN SPITE OF
THE PRECEDING TERMS - IS LIMITED IN ANY CASE TO DAMAGES RESULTING OUT OF DELIBERATE OR
GROSS NEGLIGENT BEHAVIOR OR TO DAMAGES WHICH ARE BASED ON THE VIOLATION OF ONE OF THE
MAIN OBLIGATIONS ESSENTIAL FOR THE CONTRACTUAL RELATIONSHIP. GENERALLY, THE LIABILITY
AMOUNT IS LIMITED TO THE AVERAGE DAMAGE INHERENT FOR SUCH CONTRACTS. ANY POSSIBLE
BINDING LIABILITIES ACCORDING TO THE PRODUCT LIABILITY LAW REMAIN INTACT.
NERO MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE
OUTSIDE OF THE UNITED STATES OF AMERICA.
Upon a request by Nero, you agree to defend, indemnify, and hold harmless Nero, other affiliated
companies, and its employees, contractors, officers, directors, and agents from and against any and all
claims, liabilities, and expense (including but not limited to attorneys' fees) that arise from: (i) your use of
and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third
party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that
your User Content caused damage to a third party. This defense and indemnification obligation will survive
these Terms and your use of the Services. You agree to cooperate with us in asserting any available
defenses, regardless of whether we seek indemnification from you, in any matter subject to this
8. Supplemental Terms
Protection of your privacy is very important to us. Handling of your information and data is
governed by our Data Protection Regulations.
If you access the Services through one of Nero software products (“Software”), use
of the Software is governed by the Nero end user license agreement either (i) embedded in the Software
or (ii) made made available to you within the services.
Applicable Third Party Terms.
Certain functionalities of the Services, including the Hosting of User
Content (“Third Party Services”), are provided through Cloud Engines Inc.
Access to any Third Party Services is governed by the applicable Terms and Regulations of Cloud Engines
Inc. available via http://pogoplug.com/legal. If you do not agree to these terms, please do not use the
Third Party Services.
The Services are offered to you by Nero in different variations, each including
different service levels and features. Some variations require the payment of recurring subscription fees
(“Paid Subscriptions”). By registering to such Paid Subscription and providing Nero or its service providers
with your payment information you agree to the following payment terms.
9.2. Billing Date and Automatic Extension of Paid Subscriptions.
The Fees for any Paid Subscription are
payable in advance and will be billed from the date you first register to a Paid Subscription. The
Subscription will automatically extend and any amount due for such extension (“Renewal Fee”) will be
billed on each annual or monthly (as applicable) anniversary thereafter, until and unless the account or
subscription is canceled. In the event your Paid Subscription begins on a day not contained in subsequent
years/months, you will be billed on the last day of such month.
Your acknowledge and understand that the fees due for any Paid Subscription may vary with
each Renewal Fee for reasons that may include: promotional offers, changes in your account, or changes
in the amount of applicable sales tax and, with limitations, general price adjustments for Paid
Subscriptions. You understand that in such event these varying amounts will then be billed accordingly.
Nero will notify you of general price adjustments to paid subscriptions applicable to your subscription prior
to such billing
e.g. via your contact details provided in your account or upon use of the services.
9.4. Late Payments.
If any Renewal Fee is not paid in a timely manner or if Nero or its Service Providers are
unable to process your transaction details or other information provided, Nero reserves the right to revoke
access to the Services and your User Content.
9.5. No Refunds.
Any fees for Paid Subscriptions are prepaid and non-refundable. NERO DOES NOT PROVIDE
REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS. Should you elect to cancel your Paid Subscription, you
will not be issued a refund or credit for the any charged subscription fees.
10.1. Links to Third Party Sites and Services.
Nero and/or users may provide links to third party
Internet sites and Services ("Linked Sites") through the Services. Linked Sites are not under the control of
Nero and, for this reason, Nero is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nero is not
responsible for any other form of transmission received from any Linked Site nor is Nero responsible if the
Linked Site is not working appropriately. Nero is providing Linked Sites only as a convenience, and the
inclusion of any link does not imply endorsement by Nero of the site or any association with its operators,
or guarantee that the content contains accurate information. You acknowledge and agree that Nero shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of, or reliance upon, such Linked Sites or goods or services available on
or through any Linked Sites. Linked Sites are subject to their applicable privacy statements and terms.
10.2. No Waiver.
Any failure by Nero to enforce or exercise any provision of these terms and
conditions or related right shall not constitute a waiver of that right or provision. No waiver of any term or
breach herein shall be deemed a waiver of any other term.
These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Nero without restriction.
10.4. Entire Agreement.
These Terms and any supplemental terms, policies, rules and guidelines
posted on the Services constitute the entire agreement between Nero and you. If any term or provision of
this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such
invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this
Agreement shall remain in full force and effect, according to its terms.
The section titles used in these Terms are purely for convenience and carry with them no
legal or contractual effect.
10.6. Governing Law
These Terms shall be governed by and interpreted in accordance with the
laws of California. The UN Convention on the International Sale of Goods shall not apply. If any dispute
shall arise between you and Nero pursuant to any provision of these Terms, such dispute shall be settled
by arbitration in accordance with the rules and regulations of the federal and state courts, located in the
County of Los Angeles, California.
YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS,
INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND
VENUE IN, STATE OR FEDERAL COURTS IN THE COUNTY OF LOS ANGELES, CALIFORNIA OVER ANY
DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL
JURISDICTION OF COURTS LOCATED IN THE COUNTY OF LOS ANGELES, CALIFORNIA FOR THE
PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Provisions applicable in the European Union.
If any dispute shall arise pursuant to any
provision of this Agreement, the plaintiff must choose place of performance or residence of the defendant
as place of jurisdiction.