Nonage LLC Terms of Service

1. Terms

By accessing the website at https://nonage.net, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Nonage LLC's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Nonage LLC's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nonage LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Payment, Subscriptions and Refunds

  1. Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our website.
  2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorize us or to automatically charge the Fees:
    1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
    2. on the renewal date of the subscription period thereafter, without any further action by you.
  3. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to our website or any of the Services.
  4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
  5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
  6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of Authorize.net. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
  7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
  8. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our website, your access to our paid services will immediately be cancelled. However you can retain full access to our free Services and your Account.
  9. Digital content and services are available in full or part after access to it is given, and a such their content is viewable and usable. Therefore: a) All Sales Are Final; and b) No Returns, Exchanges, or Refunds under any circumstances.
  10. You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

4. Suspension and Termination

  1. We will determine, in our sole discretion, whether you have breached this Agreement. When a breach of this Agreement has occurred, we may take such action as we deem appropriate.
  2. Failure to comply constitutes a material breach of our Terms of Service and, in addition to our rights contained therein, may result in our taking all or any of the following additional actions:
    1. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    2. further legal action against you;
    3. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  3. We exclude liability for actions taken in response to breaches of this Agreement. The responses described in this Section 4 are not limited, and we may take any other action we reasonably deem appropriate.

5. Uploading Content

  1. By uploading your content to any part of website, app or making Content accessible to us, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, reformat, transmit, excerpt, and distribute such Content for any purpose, commercial, or otherwise, and to advertise our products, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed.
  2. We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights, or other proprietary rights associated with your Content. You are solely responsible for your Content uploaded, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.
  3. You are fully responsible for your content uploaded. We will not be responsible, or liable to any third party, for: the content or accuracy of any content or data uploaded by you; or the loss of any content or data.
  4. You irrevocably and unconditionally represent and warrant that any of your content uploaded:
    1. complies with any applicable laws; and
    2. is properly tagged, marked or otherwise categorized in particular when tagging or marking content as child-approved and appropriate for users under the 13 years of age.
  5. You acknowledge that
    1. we have no obligation to monitor your Content;
    2. we may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning;
    3. we have the right to delete any content uploaded if, in our opinion, it does not comply with our Community Guidelines.

6. Disclaimer

  1. The materials on Nonage LLC's website are provided on an 'as is' basis. Nonage LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Nonage LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall Nonage LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Nonage LLC's website, even if Nonage LLC or a Nonage LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website and app which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

8. Indemnity

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our app, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

9. Accuracy of materials

The materials appearing on Nonage LLC's website could include technical, typographical, or photographic errors. Nonage LLC does not warrant that any of the materials on its website are accurate, complete or current. Nonage LLC may make changes to the materials contained on its website at any time without notice. However Nonage LLC does not make any commitment to update the materials.

10. Links

Nonage LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nonage LLC of the site. Use of any such linked website is at the user's own risk.

11. Modifications

Nonage LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

12. Severance

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.