TERMS AND CONDITIONS
Welcome to Nayf and Wavey. These Terms of Service set forth the terms and conditions that apply to your access and use of our
websites www.nayfandwavey.com (the “Websites”), any mobile applications we may develop in the future (each, an “App”), and your engagement with our services (collectively, the “Services”). Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.
The terms “Nayf and Wavey” or “us” or “we” or “our” refer to Nayf and Wavey, LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Services are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the services, the content, products, or services provided by or through the services, and the subject matter of these Terms and Conditions. You must be at least the age of the legal majority where you live (which is currently 18 years old in most states) to use our services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.
These Terms of Service may be amended at any time by us without specific notice to you. The latest Terms and Conditions will be posted on the services, and you should review the Terms and Conditions prior to using the services, so you are aware of any changes. Your continued use of the services following the posting of revised Terms and Conditions means that you accept and agree to the changes.
4. Shipping and Return Policies
Our Shipping Policy and Return Policy are incorporated by reference into these Terms and Conditions and your agreement to be bound by these Terms and Conditions means you are also bound by these policies.
5. Use of Services
Certain sections of, or offerings from, the services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
We reserve the right to close, suspend, or limit access to your account and/or the services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in or seems to have been used in, a nefarious manner.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Services are protected under applicable copyrights, trademarks, and another proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the services, except as allowed by these Terms and Conditions below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the services. The postings of information or materials on the services do not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
Nayf and Wavey’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nayf and Wavey or its affiliates or licensors. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without the prior written permission of Nayf and Wavey. All other names, logos, product and service names, designs, and slogans on the Websites and App are the trademarks of their respective owners.
8. Limited License; Permitted Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the services strictly in accordance with these Terms and Conditions. All other rights are reserved.
9. Restrictions and Prohibitions on Use
9. Errors, Corrections, and Changes
We do not represent or warrant that the services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality, or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services.
10. Third-Party Content
Third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.
11. Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.
14. Limitation of Liability
We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations.
15. Use of Information
16. Copyright Complaints
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
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 you claim has been infringed;
A description of where the infringing material is located on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
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.
You can reach us directly by emailing us at firstname.lastname@example.org with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.
16. Severable and Survival
If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.
17. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and the Content provided therein.
18. Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of the State of New York without regard to conflicts or choice of law rules or principles. Any action to enforce these Terms of Service shall be filed in the State or Federal Courts located in New York, New York, only.
19. Force Majeure
Nayf and Wavey will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.
20. Contact Information
If you have any questions or concerns about these Terms of Service, please email us at email@example.com