Effective Date: 12/27/2024
Welcome to Never Happened. This User License Agreement and Privacy Policy (hereinafter “Agreement”) establishes the terms and conditions under which you, as a user, are granted a limited, non-exclusive, non-transferable license to access and use our services provided through this website. By accessing our services, you acknowledge that you have read, understood and agreed to be bound by this Agreement. It is vital that you review this document carefully as it contains important information regarding your rights, obligations, data collection practices, cookie usage, data security measures, and procedures for the exercise of data access and deletion rights.
This Agreement is intended to comply with all applicable laws and regulations regarding privacy, data protection, and advertising guidelines. While the location-specific regulations are not explicitly named in this Agreement, we ensure our practices are consistent with the stringent requirements enforced by relevant privacy statutes and recommendations, including but not limited to the California Consumer Privacy Act (CCPA) for individuals residing in applicable regions. Our measures for handling user information are designed to safeguard your privacy while keeping you informed about the use of cookies and other tracking technologies.
By accessing and using the services provided by Never Happened, you agree to be bound by the terms set forth herein and any future modifications. If you do not agree with any of these terms, you are expressly prohibited from accessing or using our services. Your continued use of our platform constitutes your ongoing acceptance of any changes or updates made to this Agreement.
Subject to your compliance with the terms of this Agreement, Never Happened grants you a revocable, non-exclusive, non-transferable, limited license to access and use our website and the services provided solely for your personal, non-commercial purposes. You are granted a limited right to display and print a copy of the portions of the website necessary for your personal use, provided that all proprietary notices and disclaimers are maintained in the copy.
You agree not to, and you will not permit any third party to: (a) modify, copy, or create derivative works based on our content; (b) use any data mining, robots, or similar data gathering and extraction methods; (c) download or reproduce any portion of the site except as expressly permitted; (d) remove or obscure any proprietary notices. Unauthorized use of the website may give rise to a claim for damages and/or be a criminal offense.
Users are responsible for maintaining the confidentiality of any account credentials, including usernames and passwords, that are provided by Never Happened for accessing certain areas of our website. You agree to immediately notify us of any unauthorized access or any other breach of security related to your account. Never Happened reserves the right to suspend or terminate your access to the website without notice if we suspect any breach of this Agreement or unauthorized activity.
You further agree not to engage in any activity that interferes with or disrupts the functioning of the website, including but not limited to the introduction of malicious software, distributed denial-of-service attacks, or any other type of interference that may compromise the performance or security of our systems.
At Never Happened, your privacy is of the utmost importance. We adhere to strict standards in the collection, storage, and processing of personal data. The following outlines our practices with regard to the information we collect and how we use it:
We retain your personal data only for as long as is necessary to fulfill the purposes for which it was collected, including any compliance with legal, accounting, or reporting requirements, and thereafter securely dispose of it in accordance with industry standards. Data security measures, including encryption and regular system audits, are implemented to protect your information from unauthorized access, disclosure, or destruction.
If you are a resident of a jurisdiction with established data protection regulations, such as the provisions outlined in relevant state laws, you have specific rights concerning your personal information. These rights may include the ability to access, correct, delete, or restrict the processing of your personal data. To exercise these rights, please contact us using the contact details provided at the end of this Agreement.
We understand the importance of controlling your personal information and are dedicated to providing you with an accessible process for reviewing, updating, or deleting the data we collect. You have the right to submit a request to access your stored data, request correction of any inaccuracies, or instruct us to delete your personal information, subject to applicable legal limitations and retention schedules.
When you submit a deletion or data access request, we will verify your identity before processing your request. Upon successful verification, we will respond promptly and take all necessary steps to either grant your request or explain any limitations or exceptions provided by law. Requests for deletion may require additional validation and could impact your ability to access certain features of our services.
The duration for storing personal data is determined by operational requirements, legal obligations, and industry best practices. After the retention period expires, we ensure that your data is securely deleted or anonymized. Our commitment to transparency ensures that we communicate relevant information about data retention practices upon request.
YOUR USE OF THE WEBSITE AND SERVICES PROVIDED BY Never Happened IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Never Happened DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
IN NO EVENT SHALL Never Happened, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Never Happened reserves the right to modify, update, or change this Agreement from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons. All modifications will become effective as of their posting on this website and will be clearly identified by an updated effective date at the top of this document.
Your continued use of the services after any modifications to this Agreement constitutes your acceptance of those changes. We encourage you to review this document periodically to ensure that you remain informed about our current policies and practices regarding the use of your personal data and overall service terms.
This Agreement is governed by and construed in accordance with the applicable laws and regulations without regard to their conflict of laws provisions. Any disputes arising from or in connection with this Agreement shall be resolved by the competent courts with jurisdiction over the matter. In the event of any dispute, you agree to first attempt to resolve the matter amicably through discussions with our support team.
If a resolution cannot be reached through informal negotiation, the dispute shall be resolved in accordance with legally established procedures in the jurisdiction where our principal operations are located. This Agreement does not, and shall not be construed to, create any third-party beneficiary rights.
If you have any questions, comments, or concerns regarding this User License Agreement and Privacy Policy, or if you wish to exercise any of your rights regarding your personal data, please contact us at:
We are committed to addressing your concerns promptly and ensuring that your experience with Never Happened is aligned with the highest standards of transparency and trust.
This Agreement, together with any additional terms and conditions incorporated by reference, constitutes the entire agreement between you and Never Happened regarding your use of our website and services. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be considered as a waiver of any subsequent breach or default. The headings used in this Agreement are for convenience only and shall not affect the interpretation of any of its provisions.
By using the website and the services provided by Never Happened, you expressly acknowledge that you have read, understood, and agreed to all the terms and conditions contained in this Agreement. We thank you for placing your trust in us and look forward to providing you with exceptional service while prioritizing the security and confidentiality of your personal information.
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