TERMS OF SERVICE

Last Revised: May 18, 2015

Welcome to NEVERDIE!

Thanks for using our website and services (“Services”). The Services are provided by NEVERDIE Studios. (“NEVERDIE”), located at 6838 Hollywood Blvd, Los Angeles, CA 90036, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not NEVERDIE’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your NEVERDIE Account

You may need a NEVERDIE Account in order to use some of our Services. You may create your own NEVERDIE Account, or your NEVERDIE Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a NEVERDIE Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your NEVERDIE Account, keep your password confidential. You are responsible for the activity that happens on or through your NEVERDIE Account. Try not to reuse your NEVERDIE Account password on third-party applications. If you learn of any unauthorized use of your password or NEVERDIE Account please contact us.

Privacy and Copyright Protection

NEVERDIE’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that NEVERDIE can use such data in accordance with our privacy policies.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give NEVERDIE (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

If you have a NEVERDIE Account, we may display your Profile name, Profile photo, and actions you take on NEVERDIE or on third-party applications connected to your NEVERDIE Account in our Services. We will attempt to respect the choices you make to limit sharing or visibility settings in your NEVERDIE Account if such Services give you the option to do so.

You can find more information about how NEVERDIE uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

NEVERDIE gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by NEVERDIE as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NEVERDIE, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. NEVERDIE may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER NEVERDIE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, NEVERDIE, AND NEVERDIE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

IN ALL CASES, NEVERDIE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify NEVERDIE and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between NEVERDIE and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and NEVERDIE consent to personal jurisdiction in those courts.

For information about how to contact NEVERDIE, please use our Contact Form.

Alexa Skill Terms of Use

This agreement is between you and NEVERDIE LLC (in this agreement, “NEVERDIE”, “Us” or “We”) and governs your use of the My NEVER DIE Wallet Skill on Amazon’s Alexa service (“Alexa”) on any Alexa-enabled device (the “Skill”). This agreement applies in addition to any other policy contract or agreement that you may have with Us or which applies to you. It does not replace any other benefit contract or agreement you may have with Us or which applies to you.

Before using this Skill, please review these Terms of Use, as well as the NEVERDIE Privacy Policy, available here. If you do not agree to these Terms of Use in their entirety, do not use the Skill. Privacy and Confidentiality: The Skill allows you to use your Alexa-enabled device to communicate with NEVERDIE, by voice, regarding prices and other functions within the crypto currency space. To use the Skill, you will need to speak commands and questions aloud to your Alexa-enabled device, and you will receive responses from Us using your Alexa-enabled device. To use the Skill, you will be required to speak aloud the name of the crypto currency.

It is possible that someone other than you may interact with NEVERDIE via the Skill. Someone other than you may overhear the information that you provide to Alexa, and learn information about your accounts if they overhear Alexa communicating with you. It may be possible for you to allow other users access to the Skill. By allowing other users to use the Skill, you assume all liability and responsibility for how the Skill and any information obtained from the Skill is accessed and used. We will not be liable for any unintended use of the Skill by users you have authorized to have access to Alexa and to the Skill.

Accuracy: Alexa and your Alexa-enabled device were not designed or manufactured by NEVERDIE. Alexa uses software that was not designed by NEVERDIE and over which we have no control. It is possible that Alexa may not hear you properly, may misinterpret what you say, or may say something to you that is different than the information that We provided to Alexa in response to your question. By accepting this Agreement, you understand and agree that NEVERDIE is not responsible for any inaccuracies or discrepancies in the information that you receive from Alexa or by using the Skill. If you have any concerns about the accuracy or completeness of any information you receive from Alexa, you can still access your information through www.NEVERDIE.io. In the case of any the information on our internal systems will prevail over any information provided through Alexa.

Alpha: This Skill is part of an alpha project and it is possible that the Skill may not work correctly, or work at all. NEVERDIE is not responsible for any technical errors or failure of Alexa or an Alexa-enabled device to work as expected. If you have any concerns about the accuracy or completeness of any information you receive from Alexa, you can still access your benefits information through www.NEVERDIE.io. Alexa Skills are only available in English at this time.

Requirements: to use the Skill, (1) over the age of 18 (2) and have an Alexa-enabled device, an internet connection, and an Amazon account. If you any of these requirements do not apply to you, do not use the Skill.

Release of Information: by installing and using the Skill, you agree that Amazon may use your information to complete your request through Alexa, and you authorize NEVERDIE to share with Amazon the information we require to complete your request. When you use the Skill, the information that you communicate to Alexa is shared with Amazon, and is then sent to NEVERDIE. NEVERDIE then sends the information which you have requested to Amazon, which is then communicated back to you with you through Alexa. Both Amazon and NEVERDIE use the internet to communicate with one another. If you do not agree that Amazon may receive and use your information, do not use the Skill. NEVERDIE’s use of your information is governed by NEVERDIE’s Privacy Policy.

Changes and Amendments: We may change or discontinue the Skill or any part of it, at any time, with no notice to you and at our sole discretion. If we update these Terms and Conditions, the updated Terms and Conditions will be available in the description of the skill in your Alexa App and your continued use of the Skill will be understood by us as your acceptance of the change.

Termination: we may terminate your access to the Skill at any time and without notice if you fail to comply with any of these terms. We may also terminate your access to the Skill if the Skill is no longer available. DISCLAIMER: YOU ASSUME ALL RISK FOR YOUR USE OF THE SKILL. ALL INFORMATION IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION AS TO FITNESS FOR ANY PARTICULAR PURPOSE AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE INFORMATION PROVIDED BY THE SKILL IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE ADVICE OF ANY KIND.

Copyright and Intellectual Property: Unless otherwise specified, all information and descriptions provided via the Skill are the copyrighted property of NEVERDIE and are protected by intellectual property laws. You may only use the information and descriptions contained in the Skill, without alteration, for personal, non-commercial purposes. All other uses are prohibited.

NEVERDIE and My NEVER DIE Wallet are trademarks of NEVERDIE LLC. and are used by it, and its affiliates, under license.

Jurisdiction: The information provided by NEVERDIE through the Skill is not an offer to sell a product or service or to solicit you to buy a product or service. Your use of the Skill will be governed by the laws of the state of California.