Terms and Conditions

Agreement to Terms

By accessing this website, submitting inquiries, or engaging our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions, along with our Privacy Policy and Terms of Service. These documents together form a comprehensive legal agreement between you and Nocturnses.

If you do not agree with any provision of these terms, you must discontinue use of our website and services immediately. Continued use constitutes acceptance of all terms as they may be modified from time to time.

User Obligations and Conduct

Legal Compliance

You are solely responsible for ensuring that your use of our website and services complies with all applicable local, state, national, and international laws, regulations, and industry standards. This includes, but is not limited to, compliance with:

• Data protection and privacy laws
• Financial reporting and accounting regulations
• Environmental compliance requirements
• Export control and trade restriction laws
• Anti-corruption and anti-bribery statutes
• Professional conduct standards

Accurate Representation

You warrant that all information provided to Nocturnses is truthful, accurate, current, and complete. You must promptly update any information that changes. Providing false, misleading, or fraudulent information may result in immediate termination of services and may constitute a violation of applicable laws.

Professional Conduct

When interacting with Nocturnses, its representatives, or other users, you agree to:

• Maintain professional and respectful communication
• Refrain from harassment, discrimination, or abusive behavior
• Protect confidential information shared during our interactions
• Honor commitments and agreements made in good faith
• Provide timely responses and cooperation when working together

Prohibited Activities

You expressly agree not to engage in any of the following activities:

• Violating any laws, regulations, or third-party rights
• Infringing upon intellectual property rights
• Distributing malware, viruses, or other harmful code
• Attempting unauthorized access to our systems or data
• Using automated tools to scrape or extract website content
• Engaging in fraudulent, deceptive, or misleading practices
• Interfering with the proper functioning of our services
• Using our services for money laundering or financing illegal activities

Content Guidelines and Restrictions

User-Generated Content

If you submit content, including messages, feedback, documents, or other materials, you represent and warrant that:

• You own or have the necessary rights to the content
• The content does not infringe on any third-party rights
• The content is accurate and not misleading
• The content complies with all applicable laws

Content Restrictions

You may not submit content that is unlawful, threatening, abusive, defamatory, obscene, offensive, or that violates the rights of others. We reserve the right to remove any content that violates these terms or that we deem inappropriate at our sole discretion.

Liability and Warranties

Disclaimer of Warranties

Nocturnses provides its website and information on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding:

• The accuracy, reliability, or completeness of website content
• The fitness of information for any particular purpose
• Uninterrupted or error-free operation of the website
• The security of data transmission
• Results that may be obtained from use of the website

Limitation of Liability

To the maximum extent permitted by law, Nocturnses and its officers, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or operational disruption
• Costs of substitute services or procurement
• Damage to reputation or goodwill

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Exclusion of Consequential Damages

In no event shall Nocturnses be liable for any consequential, incidental, indirect, punitive, or special damages arising from or related to your use of our website or services, even if such damages were foreseeable or we were advised of their possibility.

Force Majeure

Nocturnses shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Nocturnses, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorney fees and legal costs, resulting from:

• Your violation of these Terms and Conditions
• Your violation of any law, regulation, or third-party rights
• Your use or misuse of our website or services
• Any content or information you submit or transmit
• Your breach of any representation, warranty, or obligation
• Any negligent or wrongful conduct on your part

Age Requirements and Capacity

By using our website or services, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• If representing an organization, you have the authority to bind that organization to these terms
• You are not prohibited from accessing our services under applicable laws

Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By agreeing to these terms, you also consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

You acknowledge that data transmission over the internet is not completely secure, and we cannot guarantee the security of information transmitted to or from our website. You transmit data at your own risk.

Dispute Resolution and Governing Law

Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with applicable international business law principles, without giving effect to any choice or conflict of law provisions. You consent to the exclusive jurisdiction of courts with appropriate jurisdiction for resolving disputes.

Dispute Resolution Process

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties agree to:

• First attempt to resolve the matter through good faith negotiations
• If negotiation fails, pursue mediation with a mutually agreed mediator
• If mediation is unsuccessful, consider binding arbitration
• Resort to litigation only as a final option

Waiver of Class Actions

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration.

Termination and Suspension

We reserve the right to terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Breach of these Terms and Conditions
• Provision of false or misleading information
• Engagement in fraudulent or illegal activities
• Behavior that harms or threatens our business interests
• Request by law enforcement or regulatory authorities

Upon termination, your right to use our website and services will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Modifications and Updates

Nocturnses reserves the right to modify, amend, or update these Terms and Conditions at any time. When we make changes, we will update the "Last updated" date at the top of this document. Material changes will be communicated through website notices or other appropriate means.

Your continued use of our website or services after any modifications constitutes your acceptance of the revised terms. If you do not agree with the modified terms, you must discontinue using our services.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of Nocturnses.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these terms to any party at any time without notice to you. Any unauthorized assignment by you shall be null and void.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and Terms of Service, constitute the entire agreement between you and Nocturnses concerning your use of our website and services. These documents supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us.

Contact Information

If you have questions, concerns, or require clarification regarding these Terms and Conditions, please reach out to us through our contact form.

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