Effective Date: May 16, 2023
Never Forget This, LLC (“Company”, “we”, “us”, or “our”) owns, controls and operates the website located at www.neverforgetthis.xyz (including, without limitation, all subdomains, collectively the “Website”). These terms of service and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Notice (collectively, the “Terms of Service”), constitute a legally binding agreement between you and us with respect to your access and use of the Website. By visiting our Website, uploading and submitting audio-visual content to, and/or purchasing digital artwork, including non-fungible tokens (NFTs) from the Website you acknowledge that you have read and understand these Terms of Service, and you are deemed to have accepted, executed and be bound by these Terms of Service.
Please read these Terms of Service carefully before accessing, using, submitting audio-visual content, or making a purchase through our Website. Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our NFT store is hosted on the Ethereum blockchain. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website. We reserve the right to refuse service to anyone for any reason at any time.
IF ANY OF THESE TERMS OF SERVICE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO ACCESS THE WEBSITE. YOUR CONTINUED ACCESS AND/OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL AUTOMATICALLY CONSTITUTE YOUR UNDERSTANDING OF, AND ACCEPTANCE AND AGREEMENT TO, SUCH CHANGE.
Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and use the Website, solely for personal use and as permitted by the services, functionalities and/or features of the Website, subject in all respects to these Terms of Service, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of (i) the Website, (ii) any content (e.g., audio-visual work or still images from the docuseries ), materials, information, text, data, copyrights, images, photos, articles, stories, artwork, videos, pictures, graphics, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property incorporated into the Website by or on behalf of Company, and (iii) any trademarks, service marks, logos, designs, and insignia of Company or any third party companies, products and services used or displayed on the Website or in collateral materials thereto (collectively, “Trademarks”) (items (ii) and (iii) collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of Company (or the applicable third party licensor from whom Company obtained the right to use such Website Content). You specifically acknowledge and agree that all Trademarks described in item (iii) are registered and unregistered trademarks or service marks of Company or the applicable third party licensor/owner thereof, and nothing on the Website or in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks other than as expressly permitted hereunder, without the prior written permission specific for each such use by Company or the applicable third party licensor/owner thereof. For the avoidance of doubt, use of any Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us or the applicable third party licensor/owner thereof in writing. All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.
As between you and us, Company retains all right, title and interest in and to the Website, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content incorporated into the Website, including, without limitation, all Website Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a “Collective Work” under the United States Copyright Act, as amended (collectively, “Website IP”), and nothing contained herein shall be construed as creating or granting you any right, title or interest in and to such Website IP other than the express license granted therein pursuant to these Terms of Service. Website IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
Violation of this License may result in infringement of intellectual property and contractual rights of Company or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Fees and Payments
If you elect to purchase a NFT of (N)ever (F)orget (T)his Episode 01: Not-Not-Art through the Website, any financial transactions that you engage in will be conducted solely through the [Ethereum] network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the [Ethereum] network. [Ethereum] requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the [Ethereum] network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction, in particular each transaction via the Application.
Prices for NFT works are subject to change without notice. Individual computer monitors may display colors differently and as such, we are not responsible for the color accuracy of the NFT works displayed on the Website compared to other third party websites or digital platforms. Works may have limited quantities or may be unavailable. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any NFT works.
All paid prices exclude any possible duties or charges or Gas Fees. You will be solely responsible to pay any and all sales, use, value-added and other taxes, Gas Fees, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Application (including, without limitation, any Taxes that may become payable as the result of your ownership of an NFT). Except for income and net-wealth taxes levied on the Company, you will:
The Website includes embedded third-party content and links (such as hyperlinks) to third party websites, products and services that are not owned or controlled by Company (collectively, “Third Party Content”). Company does not control any such Third Party Content and is not responsible for (i) the availability or accuracy of any such Third Party Content or (ii) any content, advertising, or products or services displayed or sold on or through such Third Party Content (as applicable). Inclusion of any Third Party Content on the Website does not constitute or indicate Company’s endorsement thereof and Company shall not be liable or responsible for any Third Party Content transmitted on or through the Website. You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third Party Content that you access or use through the Website (collectively, “Third Party Terms”). All such Third Party Terms are hereby incorporated by reference into these Terms of Service. You acknowledge and agree that we will not and cannot censor or edit any Third Party Content and that you shall assume the sole responsibility for, and risk associated with your use and/or access of, or interaction with, Third Party Content, including compliance with any applicable Third Party Terms associated therewith. Accordingly, Company encourages you to be aware when you leave the Website and to read the Third Party Terms associated with any such Third Party Content.
By using the Website, you expressly relieve and hold Company harmless from any and all liability arising from your use of any Third Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third Party Content on the Website or the failure of such Third Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, the notification must be in writing and contain the following information:
Counter-Notice. If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information:
If a counter-notice is received we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access and/or terminate the memberships of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Company may from time to time provide certain promotional opportunities, sweepstakes and contests, which may include contests for artists on an invite-only basis. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Terms of Service.
The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features of the Website, or without the express prior written consent of Company and/or the applicable third-party owner thereof, in each instance.
Without limiting the foregoing, while accessing the Website, you may not conduct any of the following activities:
The License granted to you in these Terms of Service terminates automatically upon any unauthorized use of the Website and Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Website. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms of Service may be raised as a defense against any third-party claims arising from any such violation.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. In the event of termination, you may no longer have access to information in your account, and you acknowledge that we have no obligation to maintain any such information in our databases, and you shall immediately cease and desist all activities and rights granted to you under these Terms. Termination shall be without prejudice to your accrued rights and/or liabilities. Any provisions in these Terms which, by their nature, would be intended to survive termination or expiration of these Terms, shall survive the termination or expiration of these Terms, including without limitation, those provisions which expressly survive such termination or expiration.
You represent and warrant that that: (i) you have the right, authority and capacity to enter into, and to be bound by, these Terms of Service and to abide by the terms and conditions of these Terms of Service, and that you will so abide.
The Website is available only to persons (i) who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) or (ii) thirteen (13) to seventeen (17) years of age (or any greater age that would still be under the age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) who access and use the Website with parental/legal guardian permission. BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF SERVICE, OR (II) AT LEAST THIRTEEN (13) YEARS OLD AND HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN PRIOR TO ACCESSING AND USING THE WEBSITE, AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS OF SERVICE.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY WEBSITE CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED.
YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE WEBSITE AND PARTICIPATING IN ANY ENGAGEMENTS OFFERED THROUGH THE WEBSITE. YOU UNDERSTAND THAT DIGITAL ASSETS ARE INHERENTLY RISKY DUE TO THE NATURE OF DIGITAL ASSETS AND THE POTENTIAL UNAUTHORIZED ACTS OF THIRD PARTIES. YOU UNDERSTAND THAT YOU MAY NOT HAVE READY ACCESS TO DIGITAL ASSETS AND THAT YOU MAY LOSE SOME OR ALL OF YOUR TOKENS OR OTHER DIGITAL ASSETS. YOU AGREE THAT PURSUANT TO THESE TERMS OF SERVICE, YOU HAVE NO RECOURSE AGAINST COMPANY FOR LOSSES DUE TO ANY FAILURE OF THE WEBSITE OR THE SERVICES AND/OR ENGAGEMENTS PROVIDED THROUGH THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS LICENSORS, CLIENTS, VENDORS OR OTHER CONTRACTING PARTIES OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED BY ANY COMPANY PARTY.
YOU ACKNOWLEDGE THAT ALTHOUGH THE WEBSITE, ANY WEBSITE CONTENT CONTAINED THEREIN (E.G., PRODUCT DESCRIPTIONS), AND OTHER COLLATERAL MATERIALS PROVIDED BY COMPANY IN CONNECTION WITH ITS PRODUCTS AND SERVICES CAN BE USED AS AIDS TO MAKE INFORMED DECISIONS. YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE, THE WEBSITE CONTENT CONTAINED THEREIN, AND ALL OTHER SUCH MATERIALS ARE SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE AND ARE NOT MEANT TO BE SUBSTITUTES FOR LEGAL OR BUSINESS ADVICE OR EXERCISE OF YOUR OWN JUDGMENT. ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT YOUR SOLE DISCRETION AND ELECTION.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Service; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party right, including, but not limited to, any intellectual property right. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility, including a compatible web browser and internet or wireless network connection. Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Company accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).
Your access to the Website may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Website.
Company may in the future update the Website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Company shall not be liable to you in any way as a result of any temporary or permanent suspension of the Website or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Company is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Website until you have downloaded the latest version and accepted any new terms.
Your privacy is very important to us. To understand our practices, please review our Privacy Notice available at [https://www.neverforgetthis.xyz/Privacy-Notice], which is incorporated by reference into these Terms of Service and also governs your use of the Website.
The Terms of Service are governed by and construed in accordance with the internal laws of the State of California, without reference to principles of conflicts of laws, and any action arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Santa Barbara County, California and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such action.
You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.
Company may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Service to any Company, firm or person. You may not transfer your rights or obligations under these Terms of Service to anyone else.
Failure by Company to enforce any provision(s) of these Terms of Service will not be construed as a waiver of any provision or right. If any provision of these Terms of Service is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Service incorporate by reference any notices contained on the Website and the Privacy Notice and constitute the entire agreement with respect to access to and use of the Website and Website Content.
If you choose to correspond with us or our employees in any manner with respect to the Website, including any Website Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
General questions or comments about the Website or these Terms of Service should be sent either by mail to Never Forget This, LLC, email@example.com.