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.

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, make purchases, or submit content through the Services. If you are between the ages of 13 and 18, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

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.
• Community Features. Interactive features that allow registered Users to engage with content and other community members.
• E-Commerce. An online store offering merchandise, apparel, and other products for purchase.
• Sponsored Content. Content created in partnership with brands, artists, labels, or other sponsors, clearly identified as such.
• Newsletter and Communications. Email newsletters, updates, and promotional communications for those who opt in.

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 require you to create an account. When registering, you agree to provide accurate, current, and complete information. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. Never A Phase Network reserves the right to suspend or terminate any account at any time.

5. User-Generated Content

The Services may allow you to post, submit, or share comments, reviews, messages, images, and other materials (“User Content”). You retain all ownership rights in your User Content. By submitting User Content, you grant Never A Phase Network a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works from your User Content in connection with operating and promoting the Site and Services.

You are solely responsible for your User Content. You represent and warrant that your User Content does not infringe any third party's rights, contain defamatory or harmful material, contain malware, or violate any applicable law.

Never A Phase Network reserves the right to review, edit, remove, or disable access to any User Content at any time, in its sole discretion.

6. Intellectual Property

The Site, the Services, and all content created by Never A Phase Network 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.

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.

7. E-Commerce and Purchases

When the Shop is active, all prices are displayed in U.S. dollars and are subject to change without notice. Payments are processed through third-party payment processors. Never A Phase Network does not directly store or process your credit card or bank account information. Never A Phase Network reserves the right to refuse or cancel any order at any time.

8. 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 and any other applicable advertising disclosure requirements. 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.

9. DMCA Policy

Never A Phase Network respects the intellectual property rights of others. If you believe that content on the Site infringes your copyright, you may submit a written DMCA Takedown Notice to neveraphasenetwork@gmail.com with the subject line “DMCA Takedown Notice.”

10. Acceptable Use

You agree not to use the Site or Services to: violate any applicable law; upload harmful or unlawful content; infringe third-party rights; transmit malware; interfere with the Services; attempt unauthorized access; scrape or crawl the Site without consent; impersonate others; engage in spamming; or use the Services for any illegal purpose.

11. Third-Party Services and Links

The Site may contain links to third-party websites and services. These 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.

12. 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.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NEVER A PHASE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. THE TOTAL AGGREGATE LIABILITY OF NEVER A PHASE NETWORK 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).

14. 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 from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or relating to your use of the Site or Services, your User Content, your purchases, or your violation of these Terms or any applicable law.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Subject to the arbitration provision below, you agree that any disputes shall be brought exclusively in the state or federal courts located in Ottawa County, Ohio.

16. Dispute Resolution: Binding Arbitration and Class Action Waiver

Agreement to Arbitrate. You and Never A Phase Network agree that any dispute shall be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that either party may bring individual claims in small claims court.

WAIVER OF JURY TRIAL. BY AGREEING TO THESE TERMS, YOU AND NEVER A PHASE NETWORK EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

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.

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.

17. 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.

18. Modifications to Terms

Never A Phase Network reserves the right to modify these Terms at any time. All changes are effective immediately upon posting to the Site. Your continued use of the Site after any modifications constitutes your acceptance of such modifications.

19. Consent to Electronic Communications

By creating an account or subscribing to our newsletter, you consent to receive electronic communications from Never A Phase Network. You may opt out of promotional communications at any time by following the unsubscribe instructions in any such communication.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Never A Phase Network with respect to the subject matter hereof.

22. Contact Information

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

Never A Phase Network LLC
Email: neveraphasenetwork@gmail.com
Mailing Address: 964 High House Road, PMB #4605, Cary, NC 27513
Website: neveraphasenetwork.com