Terms of service
Terms of Service
OVERVIEW
This website is operated by Nighted. Throughout this site, the terms “we,” “us,” and “our” refer to Nighted. Nighted makes this website, together with all information, tools, and services available on it, accessible to you on the condition that you accept all terms, conditions, policies, and notices stated here.
By accessing our website and/or buying something from us, you use our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced here or available by link. These Terms apply to every user of the site, including without limitation visitors, customers, merchants, vendors, and contributors of content.
Please read these Terms of Service carefully before using our website. If you access or use any part of the site, you agree to these Terms of Service. If you do not agree with all of the terms and conditions of this agreement, you may not access the website or use any services. Where these Terms of Service are treated as an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to these Terms of Service. You may review the latest version of the Terms of Service on this page at any time. We reserve the right to revise, update, or replace any part of these Terms of Service by posting changes on our website. It is your responsibility to review this page from time to time. Continued use of the website after changes are posted means you accept those changes.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer our products and services to you.
```SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us permission to allow any of your minor dependents to use this site.
You may not use our products for any unlawful or unauthorized purpose, and you may not, in using the Service, violate any laws in your jurisdiction, including copyright laws.
You must not upload or transmit any worms, viruses, or any code of a destructive nature.
A breach of any of these Terms will result in an immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred without encryption and may involve (a) transmissions across various networks and (b) modifications to meet technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, your use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our prior written permission.
Headings used in this agreement are included for convenience only and do not affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied on as the sole basis for making decisions without consulting more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk.
This site may include historical information. Historical information is not current and is provided only for reference. We may change the contents of this site at any time, but we have no obligation to update any information on it. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without notice.
We reserve the right to modify or discontinue the Service, or any part of it, at any time and without notice.
We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available only online through the website. These products or services may be available in limited quantities and may be returned or exchanged only in accordance with our Refund Policy.
We have made every effort to display the colors and images of our products as accurately as possible in the store. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic area, or jurisdiction, and we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. Product descriptions and pricing may be changed at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed through the same customer account, the same credit card, and/or orders using the same billing or shipping address.
If we make a change to or cancel an order, we may try to notify you using the email address, billing address, or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all orders made through our store. You also agree to promptly update your account and other information, including your email address and payment details, so we can complete transactions and contact you when needed.
For additional details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control and over which we have no input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party providers make those tools available.
We may also, in the future, introduce new features or services through the website, including new tools and resources. Such additions will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may take you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.
SECTION 9 - PAYMENT AUTHORIZATION AND RETRY POLICY
1. Payment Authorization
When you submit a payment, we verify the information and confirm that sufficient funds are available. If a payment is unsuccessful, we may attempt to process the charge again within 1 to 24 hours. The charge may appear on your statement under one of our authorized payment processing partners.
2. Payment Retry
If a payment attempt fails, we may retry the charge one or more times within 1 to 24 hours.
3. Payment Notification
If your payment is successfully processed, you will receive an email confirmation.
4. Unresolved Payments
If payment cannot be completed after the retry attempts, no order will be created.
5. Security
We follow recognized security standards, including PCI DSS, to help protect your payment information.
6. Customer Responsibility
Please keep your payment details current and make sure sufficient funds are available in order to avoid payment issues.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions such as contest entries, or if you send creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you send to us in any medium.
We are under no obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any malware or other harmful code that could affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the source of any comments. You are solely responsible for any comments you submit and for their accuracy. We assume no responsibility and accept no liability for comments posted by you or any third party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical mistakes, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be taken to mean that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances; (d) to infringe or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.
We reserve the right to terminate your use of the Service or any related website if you violate any prohibited use.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that results that may be obtained from use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, and all products and services delivered to you through the Service, are provided “as is” and “as available” for your use, except where expressly stated by us, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nighted, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the Service or any content or product posted, transmitted, or otherwise made available through the Service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nighted and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 16 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent allowed by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of any remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.
SECTION 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any earlier or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for updates. Your continued use of or access to our website or the Service after any changes are posted constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to nightedpullover@gmail.com.
Our contact information is listed below: