Terms of Service

Last updated: January 2025

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and NICOENTERTAINMENT ("we," "us" or "our"), concerning your access to and use of our website and services. You agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these terms, then you are expressly prohibited from using the site and you must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property 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.

The Content and the Marks are provided on the site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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 information
  • You have the legal capacity and you agree to comply with these Terms of Service
  • You are not a minor in the jurisdiction in which you reside
  • 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

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. Prohibited activities include, but are not limited to:

  • Systematically retrieving data or other content from the site to create a collection or database
  • Making any unauthorized use of the site
  • Using the site to advertise or offer to sell goods and services
  • Circumventing, disabling, or otherwise interfering with security-related features of the site
  • Engaging in unauthorized framing of or linking to the site
  • Tricking, defrauding, or misleading us and other users
  • Interfering with, disrupting, or creating an undue burden on the site or networks
  • Attempting to impersonate another user or person
  • Using any information obtained from the site to harass, abuse, or harm another person
  • Using the site as part of any effort to compete with us
  • Deciphering, decompiling, disassembling, or reverse engineering any of the software
  • Harassing, annoying, intimidating, or threatening any of our employees or agents
  • Deleting the copyright or other proprietary rights notice from any Content

Services and Fees

We reserve the right to change our services and pricing at any time. All fees are quoted in USD and are non-refundable unless otherwise stated. You agree to pay all fees or charges to your account based on our fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

We may suspend or terminate your access to our services if payment is not received or cannot be charged to your payment method on file.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the site.

Termination

These Terms of Service shall remain in full force and effect while you use the site. We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination, your right to use the site will immediately cease.

Governing Law

These Terms shall be governed by and defined following the laws of the United States. NICOENTERTAINMENT and yourself irrevocably consent that the courts shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Modifications to Terms

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 30 days' notice prior to any new terms taking effect. What constitutes a material 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.

Contact Us

If you have any questions about these Terms of Service, please contact us: