Terms of Service
Introduction
Disclaimer
All material and products provided on
Limitations
In no event shall
1. Accepting These Terms
This document and the other documents that we reference below make up our Terms of Service.
The Terms are a legally binding contract between you and Nevit LLC. We refer to Nevit LLC and all of its subsidiaries collectively as “Nevit”.
This contract sets out your rights and responsibilities when you use
2. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of our Products or Services. This includes any local, state, federal, and international laws that may apply to you. You must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against
B. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
C. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
D. Follow Our Trademark Policy. The name "
E. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to
3. Warranties and Limitation of Liability
Physical Items You Purchase. You understand that
Digital Items You Purchase. You understand that our digital items are created/licensed, and inspected before public release. The customer is responsible for downloading and storing digital items,
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make our products and services available for diverse age groups.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use.
Gift Cards and Promotions. You acknowledge that
WARRANTIES. NEVIT IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NEVIT, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL NEVIT’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID NEVIT IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Return/Refund Policy
Physical Items. Any physical product (not including printed items) can be returned up to 14 days after the product has begun shipment. Please note: it can take up to 25 days for an item to reach us once you return it. Once the item is received, it takes 2 business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account.
Printed Items. No refunds, returns, or exchanges are provided for any printed items. Printed Items include; clothing, hats, stickers, phone cases, etc.
Digital Items. No refunds are provided for any of our digital items. Once you have access your digital download, you no longer have the right to request a refund. Digital Items include; template files, gambling scripts, graphics, etc. Please note that digital items may take up to 24 hours to be delivered.
Gift Cards and Promotions. You acknowledge that
Damages and Issues. Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Starting a Return. To start a return, you can submit a request on our order management portal. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
Accepted Returns. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
5. Disputes
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and Nevit agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
D. Forum. We’re based in Delaware, so any legal action against Nevit related to our Services must be filed and take place in Delaware. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Delaware, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Nevit agree to submit to the personal jurisdiction of a state or federal court located in Delaware.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.
F. Modifications. If we make any changes to this “Disputes” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Nevit prior to the date the changes became effective. Nevit will notify you of substantive changes to the “Disputes” section at least 7 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Nevit a written notification (including email). By rejecting a modified term, you agree to arbitrate any disputes between you and Nevit in accordance with the provisions of this “Disputes” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you recontinue utilizing Nevit's Products or Services, you agree to be bound by the current version of the Terms.
6. Ownership & Reselling Policy
Physical and Printed Items. All physical items can be resold without permission from
Digital and Virtual Items. All non-exclusive digital and virtual items sold by
If you are reselling a physical product, you cannot do so in a non-exclusive manner. We do not allow for replicating our items and selling it as your own.
If you are interested in reselling a digital item, we require you to contact us before you start reselling the digital item. Direct reselling is not permitted under any circumstance.
If you are interested in reselling a physical or printed item, you may want to consider joining our affiliate program.
7. Changes/Modifications
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.