Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Never A Phase Network LLC (“Never A Phase Network,” “NAPN,” “Company,” “we,” “us,” or “our”), an Ohio limited liability company, with respect to your access to and use of the website located at neveraphasenetwork.com (the “Site”) and all related services, content, features, and functionality provided by Never A Phase Network (collectively, the “Services”).

By accessing, browsing, or using the Site or any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, band, or artist, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to all of these Terms, you must immediately discontinue your use of the Site and Services.

2. Eligibility

You must be at least thirteen (13) years of age to access the Site as a visitor. You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to create an account, create a User Page, claim or manage an Artist Page, make purchases, or submit content through the Services. If you are between the ages of 13 and 18, you may browse the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet the applicable eligibility requirements.

3. Description of Services

Never A Phase Network is a content and media platform dedicated to music culture, with a focus on the emo, punk, and alternative music communities. Our Services include:

• Content and Media. Original articles, blog posts, features, interviews, reviews, videos, podcasts, and other editorial content published on the Site.
• User Pages. Personal profile pages available to all registered Users, allowing Users to customize their public-facing presence on the Site with personal information, media, music preferences, and other content in a social-profile style format (“User Pages”). User Pages are publicly visible to other Users and visitors of the Site.
• Artist Pages. Dedicated pages for bands, musicians, and artists featured on the Site (“Artist Pages”). Artist Pages may be created by NAPN or requested by authorized representatives of the artist. Authorized artist representatives may claim and manage their Artist Page through a verification process described in Section 6 of these Terms.
• Community Features. Interactive features that allow registered Users to engage with content and other community members, including but not limited to comments, forums, user profiles, and other participatory features.
• E-Commerce. An online store offering merchandise, apparel, and other products for purchase (the “Shop”). The Shop may be introduced or expanded over time.
• Contests and Tournaments. Community events such as the March Sadness bracket tournament, which are governed by their own Official Rules in addition to these Terms.
• Sponsored Content. Articles, posts, features, and other content created in partnership with brands, artists, labels, or other sponsors. Sponsored content will be clearly identified as such in accordance with applicable Federal Trade Commission (FTC) guidelines.
• Newsletter and Communications. Email newsletters, updates, and promotional communications for those who opt in to receive them.

Never A Phase Network reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. Account Registration and Security

Certain features of the Services, including User Pages, Artist Page claiming, community features, and e-commerce, require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account, including all content published through your User Page or any Artist Page you manage. You agree to notify Never A Phase Network immediately at neveraphasenetwork@gmail.com of any unauthorized use of your account. Never A Phase Network shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

Never A Phase Network reserves the right to suspend or terminate any account at any time, with or without cause and with or without notice, including but not limited to accounts that violate these Terms, the Acceptable Use provisions, or the Content Standards set forth herein.

5. User-Generated Content and User Pages

5.1 User Content Defined

The Services allow you to post, submit, upload, publish, and share content through various features, including User Pages, Artist Pages, comments, forums, and other interactive areas of the Site. All text, images, photographs, graphics, audio, video, links, biographical information, and other materials that you upload, publish, or otherwise make available through the Services are collectively referred to as “User Content.” User Content includes, without limitation, all content published on your User Page, all content published on an Artist Page you manage, and all comments, posts, and media you submit through any feature of the Site.

5.2 Ownership of User Content

You retain all ownership rights in your User Content. Never A Phase Network does not claim ownership of any User Content you submit through the Services. By submitting User Content to the Services, you grant Never A Phase Network a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, and create derivative works from your User Content in connection with operating, promoting, and improving the Site and Services, including in promotional materials, social media, newsletters, and other channels. This license continues until you delete your User Content or your account, except that: (a) copies may be retained in backup systems for a reasonable period; (b) User Content may persist in contexts where it has been shared, reposted, quoted, embedded, or referenced by others or by NAPN; and (c) NAPN may retain anonymized or aggregated data derived from User Content indefinitely.

5.3 Content Standards

You are solely responsible for your User Content and the consequences of publishing it. All User Content, including content on User Pages and Artist Pages, must comply with these Content Standards. You represent and warrant that your User Content:

(a) Does not infringe any third party’s copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right;

(b) Does not contain any material that is defamatory, libelous, obscene, pornographic, threatening, harassing, hateful, or that promotes violence, discrimination, or illegal activity;

(c) Does not contain viruses, malware, spam, or other harmful or disruptive code;

(d) Does not violate any applicable local, state, national, or international law or regulation;

(e) Does not impersonate any person, band, artist, or entity, or misrepresent your affiliation with any person, band, artist, or entity;

(f) Does not contain false, misleading, or deceptive information presented as fact;

(g) Does not include unauthorized personal information about third parties, including but not limited to home addresses, phone numbers, email addresses, or financial information, without their explicit consent; and

(h) Does not use the platform for commercial advertising, solicitation, or promotion of products or services unrelated to the music community, without prior written consent from NAPN.

5.4 User Pages

All registered Users may create one (1) User Page. User Pages are publicly visible to all visitors of the Site. You are solely responsible for all content you publish on your User Page, and you acknowledge that your User Page represents your personal expression and not the views of Never A Phase Network. NAPN does not endorse, verify, or guarantee the accuracy of any content on User Pages.

User Pages must comply with the Content Standards set forth in Section 5.3. NAPN reserves the right, in its sole discretion, to review, edit, unpublish, restrict visibility of, or permanently remove any User Page or any content on a User Page that violates these Terms, the Content Standards, or that NAPN determines is otherwise objectionable, harmful, or not in the best interests of the NAPN community, without prior notice and without liability to you.

5.5 Representations Regarding Uploaded Media

By uploading any image, photograph, graphic, audio file, video, or other media to the Services (including to a User Page or Artist Page), you represent and warrant that: (a) you are the creator or owner of the media, or you have obtained all necessary rights, licenses, and permissions from the rights holder to upload, publish, and display the media on the Site; (b) the media does not infringe the copyright, trademark, right of publicity, right of privacy, or any other right of any third party; and (c) you have obtained the consent of any identifiable individuals depicted in the media (or, for minors, the consent of their parent or legal guardian). You acknowledge that NAPN has no obligation to verify the ownership or licensing of uploaded media, and that you assume all liability for any claims arising from media you upload.

5.6 NAPN’s Right to Remove, Unpublish, or Modify Content

NAPN reserves the unconditional right, but has no obligation, to review, monitor, edit, disable, unpublish, restrict visibility of, or permanently remove any User Content, User Page, Artist Page, or any portion thereof, at any time, for any reason or no reason, in its sole discretion, and without prior notice or liability to you. Reasons for removal or unpublishing may include, but are not limited to: (a) violation of these Terms or Content Standards; (b) receipt of a valid DMCA takedown notice or other intellectual property complaint; (c) receipt of a credible report that content infringes a third party’s rights; (d) content that NAPN determines is harmful, offensive, misleading, or otherwise inappropriate for the platform; (e) content that poses a legal risk to NAPN; (f) inactivity or abandonment of a User Page or Artist Page; or (g) any other reason in NAPN’s sole editorial discretion.

NAPN is not obligated to provide advance notice, an explanation, or an opportunity to cure before removing or unpublishing content. However, where practicable and at NAPN’s discretion, NAPN may notify the affected User and provide an opportunity to address the concern. NAPN’s decision to remove or unpublish content is final.

You acknowledge that NAPN operates the Site as both a platform and a publisher with editorial discretion, and that NAPN’s exercise of its removal and unpublishing rights does not create an obligation to monitor, review, or remove any other content on the Site.

5.7 Content Moderation

NAPN may, but is not required to, employ automated tools, manual review, community reporting mechanisms, and other methods to moderate User Content. The existence of content moderation does not create an obligation to review all content or guarantee that all violating content will be identified and removed. Users are encouraged to report content that violates these Terms by contacting neveraphasenetwork@gmail.com.

5.8 No Obligation to Host

NAPN is under no obligation to host, store, display, or continue to make available any User Content, User Page, or Artist Page. The Site is not a guaranteed storage or publishing service. You are solely responsible for maintaining backup copies of any User Content you submit to the Services. NAPN shall not be liable for any loss or deletion of User Content.

6. Artist Pages

6.1 Overview

Artist Pages are dedicated profile pages on the Site for bands, musicians, and other artists within the music community. Artist Pages may be created by NAPN editorial staff or by authorized representatives of the artist. An “Authorized Artist Representative” is a current band member, manager, authorized agent, or other person with the legal authority to act on behalf of the artist or band with respect to the artist’s presence on the Site.

6.2 Claiming an Artist Page

An Authorized Artist Representative may claim an existing Artist Page or request the creation of a new Artist Page by submitting a claim request through the Site or by contacting neveraphasenetwork@gmail.com. All claim requests are subject to manual verification and approval by NAPN staff. NAPN reserves the right to approve or deny any claim request in its sole discretion, and to request additional documentation or information to verify the claimant’s identity and authority.

Verification may include, but is not limited to: confirmation via the artist’s official email address, social media accounts, management contacts, or other means that NAPN deems sufficient to establish that the claimant is authorized to represent the artist. NAPN is not obligated to approve any claim request and may deny requests for any reason.

6.3 Managing an Artist Page

Once a claim is approved, the Authorized Artist Representative (“Page Manager”) may edit and manage the Artist Page, including updating biographical information, uploading images and media, adding links, and modifying other page content. All content published on an Artist Page by the Page Manager constitutes User Content and is subject to all provisions of Section 5, including Content Standards, media representations and warranties, and NAPN’s rights to remove or unpublish content.

The Page Manager is solely responsible for ensuring that all content published on the Artist Page complies with these Terms and does not infringe the rights of any third party, including other band members, photographers, labels, or any other rights holders.

6.4 Multiple Claimants and Disputes

If NAPN receives competing or conflicting claims for the same Artist Page, NAPN will attempt in good faith to determine the most credible and authorized claimant, but is under no obligation to resolve internal band disputes, management disagreements, or other conflicts between parties claiming authority over an artist’s presence. NAPN reserves the right to: (a) suspend editing access to the Artist Page pending resolution; (b) revert the Artist Page to an NAPN-managed state; (c) remove the Artist Page entirely; or (d) take any other action NAPN deems appropriate in its sole discretion. NAPN shall not be liable for any damages arising from disputes between competing claimants.

6.5 Revocation of Access

NAPN reserves the right to revoke a Page Manager’s access to an Artist Page at any time, with or without cause, including but not limited to: (a) receipt of a credible claim from another authorized representative of the artist; (b) evidence that the Page Manager is no longer authorized to represent the artist; (c) violation of these Terms or Content Standards; (d) use of the Artist Page for purposes inconsistent with its intended function; (e) the Page Manager’s account being suspended or terminated; or (f) any other reason in NAPN’s sole discretion. Upon revocation, the Artist Page may be returned to NAPN-managed status, transferred to another verified claimant, or removed.

6.6 NAPN’s Editorial Discretion

Artist Pages exist within the NAPN editorial ecosystem. NAPN retains full editorial discretion over all Artist Pages, including but not limited to: the decision to create, feature, promote, deprioritize, unpublish, or remove any Artist Page; the right to supplement Artist Pages with NAPN-created editorial content (such as reviews, features, or tags); and the right to establish and enforce design, formatting, and content guidelines for Artist Pages. Claiming an Artist Page does not grant the Page Manager exclusive control over the artist’s presence on the Site, and NAPN may continue to publish independent editorial content about any artist regardless of whether the artist’s page has been claimed.

6.7 Unclaimed Artist Pages

Artist Pages that have not been claimed by an Authorized Artist Representative are managed by NAPN editorial staff. Content on unclaimed Artist Pages is created and maintained by NAPN in its editorial capacity. NAPN makes reasonable efforts to ensure the accuracy of information on unclaimed Artist Pages but does not guarantee accuracy. If you are an authorized representative of an artist and believe that an unclaimed Artist Page contains inaccurate information or infringing content, please contact neveraphasenetwork@gmail.com.

7. Intellectual Property

7.1 Company Content

The Site, the Services, and all content created by Never A Phase Network, including but not limited to articles, features, reviews, interviews, graphics, logos, trademarks, trade dress, designs, software, page templates, and other materials (collectively, “Company Content”), are and shall remain the exclusive property of Never A Phase Network or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Company Content except for the limited right to access and view it through normal use of the Site.

7.2 Limited License

Subject to your compliance with these Terms, Never A Phase Network grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site and Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, download, store, or transmit any Company Content without the prior written consent of Never A Phase Network, except as incidental to normal web browsing (such as caching).

7.3 User Content Ownership

You retain all ownership rights in your User Content as described in Section 5.2. Never A Phase Network does not claim ownership of any User Content you submit through the Services.

7.4 Page Templates and Design Elements

The templates, layouts, design elements, and styling frameworks used for User Pages and Artist Pages are the property of NAPN. While you may customize the content of your User Page or Artist Page within the tools provided, you do not acquire any ownership interest in the underlying templates, code, or design elements. You may not copy, extract, reverse-engineer, or repurpose the page templates or design elements for use outside of the Site.

8. Digital Millennium Copyright Act (DMCA) Policy

Never A Phase Network respects the intellectual property rights of others and expects all Users, including User Page creators and Artist Page Managers, to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512), we will respond expeditiously to claims of copyright infringement.

8.1 Filing a DMCA Takedown Notice

If you believe that content on the Site, including content on a User Page or Artist Page, infringes your copyright, you may submit a written notification to our designated agent containing: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the allegedly infringing material is located on the Site, with sufficient detail to allow us to find it (including the specific URL of the page); (d) your contact information, including name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

DMCA notices should be sent to: neveraphasenetwork@gmail.com with the subject line “DMCA Takedown Notice.”

8.2 Takedown Process for User Pages and Artist Pages

Upon receipt of a valid DMCA takedown notice regarding content on a User Page or Artist Page, NAPN will: (a) promptly remove or disable access to the allegedly infringing content; (b) notify the User or Page Manager who posted the content that the material has been removed; and (c) provide the User or Page Manager with a copy of the takedown notice and information about their right to submit a counter-notification. If the allegedly infringing content constitutes a substantial portion of a User Page or Artist Page, NAPN may unpublish the entire page pending resolution.

8.3 Special Provisions for Artist-Uploaded Images and Media

NAPN recognizes that Artist Pages may involve the use of promotional images, press photos, album artwork, and other media where rights ownership can be complex. Common situations include photographs taken by professional photographers, images owned by record labels, and promotional materials created by third parties. If you are a photographer, visual artist, label, or other rights holder and believe that an image or media file on an Artist Page has been uploaded without your authorization, you may submit a DMCA takedown notice as described in Section 8.1, or you may contact NAPN directly at neveraphasenetwork@gmail.com to request removal. NAPN will make good-faith efforts to address such requests promptly, even where the formal DMCA requirements have not been met, when the request appears credible.

8.4 Counter-Notification

If you believe your content was removed by mistake or misidentification, you may submit a written counter-notification as required under 17 U.S.C. § 512(g)(3). Upon receipt of a valid counter-notification, NAPN will forward it to the original complainant and may restore the content within ten (10) to fourteen (14) business days unless the complainant files a court action.

8.5 Repeat Infringers

Never A Phase Network reserves the right to terminate the accounts and revoke page access of Users and Page Managers who are determined to be repeat infringers of copyrighted material. A User or Page Manager who receives two (2) or more valid DMCA takedown notices may have their account suspended or terminated and their User Page or Artist Page removed, at NAPN’s sole discretion.

9. E-Commerce and Purchases

When the Shop is active, the following terms apply to purchases made through the Site:

• Pricing. All prices are displayed in U.S. dollars and are subject to change without notice. We make reasonable efforts to ensure accuracy of pricing and product descriptions, but errors may occur. Never A Phase Network reserves the right to correct errors and to change or update information at any time without prior notice, including after an order has been submitted.
• Payment. Payments are processed through third-party payment processors. By making a purchase, you agree to the terms and privacy policies of the applicable payment processor. Never A Phase Network does not directly store or process your credit card or bank account information.
• Shipping and Delivery. Shipping terms, estimated delivery times, and applicable shipping fees will be displayed at the time of purchase. Delivery times are estimates only and are not guaranteed.
• Returns and Refunds. Our return and refund policy will be posted on the Site at the time the Shop is active. Requests for returns or refunds should be directed to neveraphasenetwork@gmail.com.
• Order Acceptance. Your receipt of an order confirmation does not constitute acceptance of your order. Never A Phase Network reserves the right to refuse or cancel any order at any time for reasons including product availability, pricing errors, or suspected fraud.

10. Sponsored Content and Advertising Disclosure

Never A Phase Network publishes sponsored content in partnership with brands, artists, labels, and other third-party sponsors. All sponsored content will be clearly and conspicuously identified in accordance with FTC Endorsement Guides (16 C.F.R. Part 255) and any other applicable advertising disclosure requirements.

Sponsored content represents the opinions and views of Never A Phase Network and/or the identified sponsor. The inclusion of sponsored content does not constitute an endorsement or guarantee by Never A Phase Network of any third-party product, service, or brand. Never A Phase Network is not responsible for the accuracy, quality, safety, or legality of any third-party products or services promoted through sponsored content. Any transactions between you and a sponsor or advertiser are solely between you and such third party.

11. Contests and Tournaments

NAPN may operate contests, tournaments, sweepstakes, and other promotional events (such as the March Sadness bracket tournament) from time to time. Such events are governed by their own Official Rules, which are incorporated into and supplement these Terms. In the event of a conflict between the Official Rules of a specific contest and these Terms, the Official Rules shall control with respect to that contest. Participation in contests may require a registered account.

12. Acceptable Use

You agree not to use the Site or Services to: (a) violate any applicable law or regulation; (b) upload, post, publish, or transmit any content that violates the Content Standards set forth in Section 5.3; (c) infringe the intellectual property, privacy, publicity, or other rights of any third party; (d) transmit viruses, malware, or other harmful code; (e) interfere with or disrupt the integrity or performance of the Services; (f) attempt to gain unauthorized access to the Services, other accounts, User Pages, Artist Pages, or connected systems; (g) scrape, crawl, or use automated means to access the Site or collect data without prior written consent; (h) impersonate any person, band, artist, or entity, or falsely claim affiliation with any person, band, artist, or entity; (i) engage in spamming, phishing, or unsolicited commercial communications; (j) use the Services to create pages or content that exist primarily for search engine manipulation, link farming, or other SEO abuse; (k) attempt to claim an Artist Page for an artist you are not authorized to represent; or (l) use the Services for any illegal, fraudulent, or unauthorized purpose.

Never A Phase Network reserves the right to suspend or terminate your access to the Services, remove or unpublish any content or pages, and revoke any Artist Page access, without notice or liability, for any violation of these requirements.

13. Third-Party Services and Links

The Site may contain links to third-party websites, services, and content, including but not limited to music streaming platforms, social media accounts, sponsor websites, and e-commerce partners. These third-party services are governed by their own terms and privacy policies. Never A Phase Network does not endorse, control, or assume responsibility for any third-party services. Your interactions with third-party services are at your own risk.

14. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NEVER A PHASE NETWORK DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE, INCLUDING EDITORIAL CONTENT, USER CONTENT, CONTENT ON USER PAGES OR ARTIST PAGES, SPONSORED CONTENT, PRODUCT DESCRIPTIONS, PRICING, OR ANY OTHER INFORMATION.

NEVER A PHASE NETWORK DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT, USER PAGES, OR ARTIST PAGES, WHETHER MANAGED BY USERS, ARTIST REPRESENTATIVES, OR NAPN STAFF. RELIANCE ON ANY CONTENT ON THE SITE IS AT YOUR SOLE RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NEVER A PHASE NETWORK, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEVER A PHASE NETWORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

WITHOUT LIMITING THE FOREGOING, NAPN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) THE REMOVAL, UNPUBLISHING, MODIFICATION, OR DELETION OF ANY USER CONTENT, USER PAGE, OR ARTIST PAGE; (B) THE APPROVAL, DENIAL, OR REVOCATION OF ANY ARTIST PAGE CLAIM; (C) DISPUTES BETWEEN COMPETING CLAIMANTS OF AN ARTIST PAGE; (D) THE ACTIONS OF OTHER USERS, PAGE MANAGERS, OR THIRD PARTIES; OR (E) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, USER PAGE, OR ARTIST PAGE.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, AND INDIRECT DAMAGES OF EVERY KIND AND NATURE.

NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY LIABILITY IS FOUND, THE TOTAL AGGREGATE LIABILITY OF NEVER A PHASE NETWORK ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO NEVER A PHASE NETWORK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

16. Indemnification

You agree to indemnify, defend, and hold harmless Never A Phase Network and its owners, members, managers, officers, employees, agents, contractors, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of or access to the Site or Services; (b) your User Content, including all content published on your User Page or any Artist Page you manage; (c) your purchases through the Shop; (d) your violation of these Terms, including the Content Standards; (e) your violation of any applicable law or regulation; (f) your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, and publicity rights; (g) any claim by a third party that content you uploaded infringes their rights; (h) any dispute arising from your claim or management of an Artist Page; or (i) any dispute between you and any third party relating to the Site or Services. Never A Phase Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

17. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. By using the Services, you agree that the laws of the State of Ohio govern these Terms.

Subject to the arbitration provision set forth in Section 18 below, you agree that any and all disputes, claims, or causes of action arising out of or relating to these Terms or the Services that are not subject to arbitration shall be brought exclusively in the state or federal courts located in Ottawa County, Ohio. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.

18. Dispute Resolution: Binding Arbitration and Class Action Waiver

18.1 Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Never A Phase Network agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Never A Phase Network (collectively, “Disputes”) shall be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.

18.2 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND NEVER A PHASE NETWORK EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

18.3 Class Action Waiver

YOU AND NEVER A PHASE NETWORK AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. NEITHER YOU NOR NEVER A PHASE NETWORK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF OTHER PERSONS OR PARTIES, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

18.4 Arbitration Procedures

The arbitration shall be conducted in Ottawa County, Ohio, or at another mutually agreed location. The arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

18.5 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to neveraphasenetwork@gmail.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision.

19. Termination

Never A Phase Network may suspend or terminate your access to the Site and Services at any time, with or without cause, and with or without notice. You may delete your account at any time by contacting neveraphasenetwork@gmail.com. Upon termination: (a) your right to use the Services will immediately cease; (b) your User Page will be unpublished and subsequently deleted; (c) your access to any Artist Page you manage will be revoked, and the Artist Page may be returned to NAPN-managed status or removed; and (d) NAPN may, but is not obligated to, delete your User Content. User Content that has been shared, quoted, or referenced by others may persist.

Sections 5 (User-Generated Content), 6 (Artist Pages), 7 (Intellectual Property), 8 (DMCA), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Governing Law), 18 (Arbitration), and this Section 19 shall survive any termination or expiration of these Terms.

20. Modifications to Terms

Never A Phase Network reserves the right to modify, amend, or update these Terms at any time, in its sole discretion, without prior notice to you. All changes are effective immediately upon posting to the Site. We will update the “Last Updated” date at the top of this page to reflect the date of the most recent revision. Your continued use of the Site or Services after any modifications to these Terms constitutes your acceptance of such modifications. It is your sole responsibility to review these Terms periodically for updates. If you do not agree to the modified Terms, you must immediately discontinue your use of the Site and Services.

21. Consent to Electronic Communications

By creating an account or subscribing to our newsletter, you consent to receive electronic communications from Never A Phase Network, including but not limited to account notifications, newsletters, promotional content, Artist Page claim notifications, content moderation notices, and other communications relating to the Services. You may opt out of promotional communications at any time by following the unsubscribe instructions in any such communication. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity of the remaining provisions.

23. Entire Agreement

These Terms, together with the Privacy Policy, any applicable contest Official Rules, and any other policies referenced herein, constitute the entire agreement between you and Never A Phase Network with respect to the subject matter hereof and supersede all prior understandings and agreements.

24. Waiver

The failure of Never A Phase Network to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

25. Assignment

You may not assign or transfer these Terms without the prior written consent of Never A Phase Network. Never A Phase Network may assign these Terms without restriction.

26. Contact Information

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

Never A Phase Network

Never A Phase Network LLC

Email: neveraphasenetwork@gmail.com

Mailing Address: 964 High House Road, PMB #4605, Cary, NC 27513

Website: neveraphasenetwork.com