Terms of Service | RhythmAfterNight

Introduction

Welcome to RhythmAfterNight's website! By accessing or using our website, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these terms, please do not use our website.

Definitions

"RhythmAfterNight" refers to the service operating this website.
"website" refers to the website operated by RhythmAfterNight, located at https://rhythmafternight.wixsite.com/kickstarter.
"content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials available on or through the website.
"you" or "user" refers to any individual or entity accessing or using the website.

"affiliates" refers to any related companies or entities affiliated with RhythmAfterNight.
"lawful purposes" refers to the use of the website in compliance with all applicable laws, regulations, and rules.
"commercial purpose" refers to any use of the website or its content for the purpose of generating profit or other financial gain.
"third-party websites" refers to any websites linked to or from the website that are not operated by RhythmAfterNight.
"damage or loss" refers to any harm or loss, including but not limited to loss of profits or revenue, incurred by any individual or entity as a result of their use of the website or its content.
"indemnify" refers to the act of compensating or reimbursing for loss or damage.
"state" refers to the state in which RhythmAfterNight is headquartered.
"attorneys' fees" refers to legal fees incurred in the defense of a claim or demand.

Use of the Website

Our website is intended for use by individuals who are 13 years of age or older. By using our website, you represent and warrant that you are 13 years of age or older.

You agree to use our website only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to use our website to engage in any activity that is harmful to us or any other person or entity, or that would subject us or any other person or entity to liability.

Intellectual Property

The content on our website, including but not limited to text, graphics, logos, images, and software, is the property of our company or our licensors and is protected by copyright and other intellectual property laws. You may not use any content on our website for any commercial purpose without our express written consent. The Website's idea and design, including all content, graphics, user interface, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any content, graphics, user interface, or design from the App or Services for any commercial purposes without the express written consent of the owner.

Third-Party Websites

Our website may contain links to third-party websites. We are not responsible for the content or practices of any third-party websites. By using our website, you acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third-party websites. If you click on the download button, you automatically download an app (.apk) from GitHub.com. Don't click it if you don't agree with GitHub's Privacy Policy and Terms of Service. If you click on the Kickstarter links or images you will land on Kickstarter.com. Don't click it if you don't agree with Kickstarter's Privacy Policy and Terms of Service. RhythmAfterNight's website may contain links to third-party websites, such as YouTube, Facebook, Twitter, Instagram, TikTok, and Reddit. These links are provided for your convenience, and we are not responsible for the content or privacy practices of these websites. We encourage you to review the privacy policies of these websites to understand their data collection and use practices.

Data Protection

We are committed to protecting the privacy of our users and their personal data. We will collect, use, and process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable EU data protection laws.

We will only collect, use, and process personal data for the purposes outlined in these Terms and in our privacy policy, which can be found at https://rhythmafternight.wixsite.com/kickstarter.

We will take appropriate technical and organizational measures to protect personal data from unauthorized access, use, alteration, or destruction.

Users have the right to access, rectify, erase, restrict, and object to the processing of their personal data. Users also have the right to withdraw their consent at any time.

If you have any questions about our data protection practices, please contact us at RhythmAfterNight.kickstarter@gmail.com.

Disclaimer of Warranties

Our website and its content are provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, as to the operation of our website or the content, information, materials or products included on our website.

Limitation of Liability

In no event shall we be liable for any damages, including without limitation, direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use our website or the content or information contained on our website.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our website, your violation of these Terms of Service, or your violation of any rights of another person or entity.

Resolution of Disputes

If a dispute arises out of or in connection with these Terms or the App or Services, you agree to first try to resolve the dispute informally by contacting us at RhythmAfterNight.kickstarter@gmail.com. If we cannot resolve the dispute informally, the dispute will be resolved through binding arbitration in accordance with the ICC Arbitration Rules. Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. The arbitration will be conducted in Germany.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the European Union without giving effect to any principles of conflicts of law.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Service

We reserve the right to make changes to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date at the top of this page. Your continued use of our website following the posting of changes to these terms will mean you accept those changes.

If you have any questions or comments about these Terms of Service, please contact us at RhythmAfterNight.kickstarter@gmail.com.

Last update: January 14, 2023