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Our phone is temporarily down. Please email us at nightowltyping.contactus@gmail.com.
Terms of Service (“Terms”)
Our Terms of Service were last updated on February 14, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or in plural.
Definitions
For the purpose of these Terms of Service:
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and Night Owl Typing LLC. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If you disagree with any part of these Terms of Service then You may not access or use the Service.
You represent that you are over the age of 18. Night Owl Typing LLC does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Night Owl Typing LLC. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Billing & Pricing Policy, Payment Policy, Shipping & Delivery Policy and Return & Refund Policy of Night Owl Typing LLC. Our Billing & Pricing Policy describes Our policies and procedures on billing and pricing. Our Payment Policy describes Our policy and procedure on payments, Our Shipping & Delivery Policy describes Our policies and procedures on shipping and delivery and Our Return & Refund Policy describes Our policies and procedures on returns and refunds. Please read Our Billing & Pricing Policy, Payment Policy, Shipping & Delivery Policy and Return & Refund Policy carefully before using Our Service.
Your Eligibility
By submitting an order through our website, you confirm that:
Service Obtainability
Our Site's use is intended for people living in the United States of America (Serviced Country). We do not undertake orders from people outside the United States.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copies in a way that constitutes copyright infringement that is taking place through the service, You must submit Your notice in writing to the attention of our copyright agent via email at LEGAL@NIGHTOWLTYPING.COM and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at LEGAL@NIGHTOWLTYPING.COM. Upon receipt of a notification, Night Owl Typing LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Night Owl Typing LLC and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Night Owl Typing LLC.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide Night Owl Typing LLC. If for any reason such assignment is ineffective, You agree to grant Night Owl Typing LLC a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Night Owl Typing LLC.
Night Owl Typing LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Night Owl Typing LLC 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 on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Night Owl Typing LLC reserves the right to terminate your access to the service at any time, without notice, for any reason whatsoever.
Night Owl Typing reserves the right to refuse orders with questionable content.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Night Owl Typing LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Night Owl Typing LLC reserves the right to, in our sole discretion, refuse service to anyone, at any time, for any reason including, but not limited to, violation of any terms of this agreement, any type, kind or form of abuse, obscene or abusive language, harassment, inappropriate, intimidating or threatening of any kind, illegal, criminal, bullying or otherwise creates a toxic and/or hostile environment.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Night Owl Typing LLC and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 10 USD if You haven't purchase anything through the Service.
To the maximum extent permitted by applicable law, in no event shall Night Owl Typing LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Night Owl Tying LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Night Owl Typing LLC, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Night Owl Typing LLC provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Night Owl Typing LLC nor any of Night Owl Typing LLC's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Night Owl Typing LLC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first contact Night Owl Typing LLC (in writing only) and try to resolve the dispute informally.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Indemnification
You agree to indemnify, defend, and hold harmless Night Owl Typing LLC, its officers, directors, employees, agents, contractors, subcontractors, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Changes to These Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 3 days' notice prior to any new terms taking effect. What constitutes a materials change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Service, You can reach us:
www.nightowltyping.com
Copyright © 2024 Night Owl Typing LLC. All Rights Reserved.
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