TERMS AND CONDITIONS FOR iNihil, LLC.
Last updated [month day, year] April 25, 2021.
AGREEMENT TO TERMS
These terms and conditions outline the rules and regulations for the use of iNihil’s Website, located at https://iNihil.com
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, ”The Site”, and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
[The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 13) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, iNihil and/or its licensors own the intellectual property rights for all material on iNihil and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of (Country), foreign jurisdictions, and international conventions.You may access this from iNihil for your own personal use subjected to restrictions set in these terms and conditions.Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
You must not:Republish material from iNihilSell, rent or sub-license material from iNihilReproduce, duplicate or copy material from iNihilRedistribute content from iNihil
USER REPRESENTATIONS
By using the Site, you represent and warrant that: all registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such registration information as necessary;you have the legal capacity and you agree to comply with these Terms of Use; you are not under the age of 13; you are not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site]; you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; you will not use the Site for any illegal or unauthorized purpose; your use of the Site will not violate any applicable law or regulation.If you provide any information that 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 the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.iNihil collects the following data:Personal identification information (Name, email address, phone number, etc.)We collect data and process data when you:Register online or place an order for any of our products or services.Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.Use or view our website via your browser’s cookies.iNihil may also receive your data indirectly from the following sources:Social Media Login’s such as Facebook, Google, & Twitter. All privacy policies are for each service of their own.iNihil collects your data so that we can:Process your order and manage your account.Email you with special offers on other products and services we think you might like. ONLY if you sign up for the newsletter.When iNihil processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.Our Company securely stores your data on only one host: ionos.com. Ionon is a 1+1 Corp.Our Company will keep your Email for no longer than 1 year. Once this time period has expired, we will delete your data by Manually purging our address book of any saved data from users that did not, explicitly, ask to remain on the list.
iNihil would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:The right to access – You have the right to request iNihil for copies of your personal data. We may charge you a small fee for this service.The right to rectification – You have the right to request that iNihil correct any information you believe is inaccurate. You also have the right to request iNihil to complete the information you believe is incomplete.The right to erasure – You have the right to request that iNihil erase your personal data, under certain conditions.The right to restrict processing – You have the right to request that iNihil restrict the processing of your personal data, under certain conditions.The right to object to processing – You have the right to object to iNihil’s processing of your personal data, under certain conditions.The right to data portability – You have the right to request that iNihil transfer the data that we have collected to another organization, or directly to you, under certain conditions.If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact usat our email: admin@iNihil.comCall us at:number below
We employ the use of cookies. By accessing iNihil, you agreed to use cookies in agreement with the iNihil’s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies. For further information, visit allaboutcookies.org You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
The iNihil website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy. iNihil would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies.
Only iNihil will have access to any data regarding newsletters.If you have agreed to receive marketing, you may always opt out at a later date.You have the right at any time to stop iNihil from contacting you for marketing purposes or giving your data to other members of the iNihil LLC.If you no longer wish to be contacted for marketing purposes, please click here.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.All products are subject to availability [and we cannot guarantee that items will be in stock]. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:Stripe (for credit)Paypal and Coinbase Commerce (for bitcoin) Payment Gateways done through wordpress.org plugins. See respective Privacy Policies of those companies You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD (United States Dollar).You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Chargebacks are not allowed on any purchases made, thus you are not allowed to cancel payment and retain product.We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
All sales are final and no refund will be issued and neither do we offer exchange services for delivered goods.We accept returns or exchanges for product damaged in transit or if the incorrect item was shipped to.To be eligible for a refund or exchange, you must first email within 7 days of the order date to alert Us of the damage. Then return the damaged product to us. Upon receipt of the damaged item we will respond promptly and accordingly and make sure your replacement is sent out. If a replacement item is not available, we will refund the full purchase price.Once your return is received and inspected, we will send you an email to notify you we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your replacement or refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 30 days.
WHAT’S “NOT RETURNABLE”?
Items not purchased at iNihil.com or Etsy Store (e.g., a third-party reseller, an auction site, etc.).Items without an iNihil.com receipt or a iNihil packing slip.Items with removed tags or items missing their original packaging (e.g., shoe boxes).Clearance items or items marked as “Final Sale”.For hygienic reasons, these items are “Final Sale”:Washed or worn itemsAny FusedGlass piece as the sharp edges may cutAccessories: earrings and cosmeticsGift Card Returns: No cancellations or refunds on the purchase of a gift card (final sale).eGift Card Returns: Cancellation refunds can be requested on the purchase of an eGift card scheduled for a future delivery date. Please contact eGift Customer Support for a refund. By Phone: (855) 631–4658 (8am–8pm Eastern Time, daily) or by Email
DONATIONS
We accept donations from the webpage. Furthermore, a donation is ordinarily not refundable once received.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.use a buying agent or purchasing agent to make purchases on the Site.use the Site to advertise or offer to sell goods and services.circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;make improper use of our support services or submit false reports of abuse or misconduct.interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.attempt to impersonate another user or person or use the username of another user.sell or otherwise transfer your profile.use any information obtained from the Site in order to harass, abuse, or harm another person.use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.use the Site in a manner inconsistent with any applicable laws or regulations.
THIRD-PARTY WEBSITES AND CONTENT
The following organizations may link to our Website without prior written approval:Government agencies;Search engines;News organizations;Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; andSystem wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organizations:commonly-known consumer and/or business information sources;dot.com community sites;associations or other groups representing charities;online directory distributors;internet portals;accounting, law and consulting firms; andeducational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of iNihil; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to David@iNihil.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. No response means authorization is still required.
Approved organizations may hyperlink to our Website as follows:By use of our corporate name; orBy use of the uniform resource locator being linked to; orBy use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.No use of iNihil’s logo or other artwork will be allowed for linking absent a trademark license agreement
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
iNihil does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of iNihil,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, iNihil shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
iNihil reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.You warrant and represent that:You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacyThe Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.You hereby grant iNihil a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
SUBMISSION TERMS
To clarify, here is a policy which will apply to any ideas, suggestions, proposals, comments, feedback or other such submissions, including, without limitation, any still photographs, images, graphics, written material, jokes or other card ideas, stories, personal or identifying information, video or audio recordings, motion pictures and/or other audiovisual material (collectively, the “Material”). When you submit the Material, you are signifying your agreement with and acceptance of all of these Submission Terms, which will be considered our “Agreement.” iNihil reserves the right to cancel or modify these Submission Terms at any time, in its sole discretion, without prior notice to you. The date of the most recent version is stated above and will be revised should we update these Submission Terms.
1. Rights. By submitting the Material, you grant iNihil, and any sublicensees (“Sublicensees”), a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable right and license to publish, reproduce, distribute, publicly display, publicly perform, edit, adapt, modify, exploit, share with and disclose to third parties, distribute and otherwise use the Material (or any portion thereof) in and in connection with the Discord server, and in the promotion, advertising, publicizing, marketing, sale and exploitation thereof, including, but not limited to, ancillary products, and in connection with iNihil or otherwise, as we may determine in our sole discretion, in any manner, and in any form, media, or technology now known or later developed or invented. You acknowledge and agree that as between you and iNihil, and subject only to the licenses set forth in this Section, iNihil is and shall remain the sole and exclusive owner of all rights of every kind and nature, including all copyrights therein and extensions thereof, in and to the brand.
2. No Compensation, No Credit. You understand that you will not be paid, nor receive any fees, sums, consideration, or remuneration of any kind for the Material or any rights granted to iNihil and/or any Sublicensees herein. You further understand that you will not be entitled to receive any credit or attribution of any kind in connection with iNihil’s and/or any Sublicensees’ use, if any, of the Material or any other rights granted by you to iNihil and any Sublicensees. Any credit or attribution is at the sole discretion of iNihil.
3. No Obligation to Use. iNihil shall have the sole and exclusive right to determine, in its sole discretion, which submissions and Material, if any, will be featured in and in connection with the Discord server. You acknowledge and agree that neither iNihil nor any Sublicensees have any obligation to exercise the rights granted to them herein nor to make any use of the Material in connection with the Discord server or otherwise or to develop, produce, distribute, exploit the Material including, but not limited to, any ancillary products.
4. Similar Material. You acknowledge that other persons may have submitted Material to iNihil, may have made public or developed, or may originate, submit, make public or develop Material similar or identical to all or a portion of your Material or concepts contained therein, and you understand and agree you will not be entitled to any compensation or credit because of the use or exploitation thereof and the submission of your Material, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a card, game, presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in the Material you submit or the Material anyone else submits, that is purely coincidental and unavoidable.
5. No Return of Material; Material Not Subject to Confidential Treatment. You acknowledge and agree that once you submit the Material to iNihil, such Material will become the property of iNihil and iNihil will be under no obligation to return such Material to you. You further acknowledge and agree that following your submission of the Material to iNihil, iNihil is under no obligation to keep or preserve such Material or keep such Material confidential and may freely disseminate such Material in accordance with these Submission Terms.
6. Representations and Warranties. You hereby represent and warrant that: (i) the Material and all elements thereof are wholly original to you and the exercise of the rights granted herein to iNihil and any Sublicensees will not infringe upon the rights of any third party, including, without limitation, copyright, trademark, unfair competition, privacy or publicity rights, or give rise to any actionable claim by any third party, including, without limitation, any claim for libel, slander or defamation; (ii) the rights granted herein to iNihil and any Sublicensees will not violate any local, state, federal or national law, statute, ordinance, regulation, rule or code; (iii) the Material submitted by you is accurate and truthful; (iv) iNihil’s and/or any Sublicensees’ use of the Material as contemplated in this Agreement does not and will not require the consent or approval of any third party, nor will iNihil’s and/or any Sublicensees’ use of the Material require any payment(s) to be made to any third party; (v) you are at least eighteen (18) years of age and/or have the legal right and capability to enter into this Agreement and perform and comply with all of the Submission Terms; (vi) neither your submission nor anything contained in the Material is subject to or under the jurisdiction of any guild or union collective bargaining agreement or any other agreement or pact or the subject of any actual or threatened litigation or claim; and (vii) you are submitting the Material voluntarily and without any promise or inducement. Upon the request of iNihil, you will furnish us with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the Submission Terms set forth in this Agreement, including, without limitation, the foregoing representations and warranties.
7. Privacy. Sharing personal information is still covered by our Privacy Policy when we ask you to share it. However, sharing of personal information when not done at our request (e.g., posting your name, address, etc.) is not governed by our Privacy Policy, so we strongly discourage such sharing.
8. Indemnification. If it turns out that iNihil and/or its Sublicensees are the target of a lawsuit or other claim that arises from your submission of Material to iNihil, you agree to cooperate in the defense of any such claim or lawsuit, including agreeing to come clean if you stole your submission from someone else. The defense will be conducted solely at our discretion and by counsel and other advisors as we see fit - and at our cost.
9. Release from Claims; Remedies. You hereby release, discharge and agree to hold harmless iNihil, our affiliated parties along with our shareholders, sublicensees, employees, contractors, agents, representatives, professional advisers, members, officers and/or directors and any Sublicensees from any liability whatsoever and hereby waive any rights, claims and causes of action whatsoever, including, without limitation, libel, defamation, infringement and invasion of any right of privacy or publicity, arising out of your submission, or iNihil’s use of the Material or any portion thereof. You agree that you will not be entitled to injunctive or other equitable relief against iNihil and/or any Sublicensees, to rescind or revoke this Agreement or any of the rights granted by you hereunder, or to enjoin, prevent or otherwise interfere with the distribution, exhibition or other exploitation of the Material or any portion thereof and/or the Discord server. Further, to the maximum extent permitted by law, you waive any and all rights you may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
10. Limitation of liability. IN NO EVENT SHALL INIHIL NOR ANY SUBLICENSEES BE LIABLE TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, WHETHER OR NOT ANY SUCH DAMAGES ARE WITHIN INIHIL’S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF INIHIL, ANY SUBLICENSEES, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND/OR THE AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING.
11. Severability; Interpretation; Assignment. If any provision of this Agreement is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement, and the invalidity of that provision will not affect the validity or enforceability of the remainder of this Agreement. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. iNihil may assign any and all of its rights and obligations as set forth in this Agreement in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you in whole or in part.
12. Agreement to Arbitration. You and we agree, any dispute, claim or controversy arising out of or relating in any way to the our Store, including, but not limited to, our Store, products, our Terms of Use, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms.
13. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to us must be addressed to: Legal Department, by e-mailing Legal+Claims@iNihil.com. If we are the claimant, the Notice must be sent to the address we have on file for you in your order. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
14. Applicable Rules; Administrator. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the American Arbitration Association, 150 N. Michigan Avenue, Suite 3050, Chicago, IL 60601. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
15. Class/Private Attorney General Waivers. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
16. Small Claims Procedure Alternative. Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
17. Attorney’s Fees. The losing party in an arbitration or small claims procedure will be responsible for the cost of all parties’ legal fees.
18. Governing Law. This Agreement is governed by the law of the State of Illinois applicable to contracts performed entirely therein without regard to its choice of law principles. You agree that the federal courts located in Marion County, Indiana shall have jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and you irrevocably agree that you are subject personally to the jurisdiction of such courts and waive any claim that you are not subject personally to the jurisdiction of any such courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
19. Complete Agreement; No Waiver. These Submission Terms reflect our complete agreement regarding the subject matter hereof and supersede any prior agreements, representations, warranties, assurances or discussion related to the Material and/or the Game. No waiver or modification by you of any term of these Submission Terms or this Agreement will be effective unless in writing and signed by an iNihil representative.
In case there is a conflict between the terms established in these Submission Terms and the terms established in our Privacy Policy or Terms of Use, the Terms of Use shall prevail.
SUBMISSION TERMS
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE 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.AFFILIATES DISCLAIMER
The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences.The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;limit or exclude our or your liability for fraud or fraudulent misrepresentation;limit any of our or your liabilities in any way that is not permitted under applicable law; orexclude any of our or your liabilities that may not be excluded under applicable law.The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
HOW TO CONTACT US
If you have any questions about iNihil’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at:
admin@iNihil.comCall us:
317-679-zerosevenfourthree (spelled out for malicious bots)