Terms And Conditions
Terms and Conditions
These Terms of Service are entered into by and between you and New Nostalgia Digital Studio, LLC. (“New Nostalagia”, “New Nostalgia Studio”, “we”, “our”, or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Service”), govern your access to and purchase and use of https://newnostalgiastudio.com , including any content, functionality, goods and services offered on or through the Website (the “Website”) and our mobile application(s), including all related documentation thereto (collectively with the Website, the “Service”).
Please read the Terms of Service carefully before you start to use the Service. By accepting these Terms of Service through downloading, installing, using, making purchases through or accessing the Service, or otherwise electronically indicating your acceptance, you accept and agree to be bound and abide by these Terms of Service incorporated herein by reference. If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity.
If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service or otherwise make any purchases of our goods and/or services.
The Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with New Nostalgia Studio and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
These Terms of Service are entered into by and between you and New Nostalgia Digital Studio, LLC. (“New Nostalagia”, “New Nostalgia Studio”, “we”, “our”, or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Service”), govern your access to and purchase and use of https://newnostalgiastudio.com , including any content, functionality, goods and services offered on or through the Website (the “Website”) and our mobile application(s), including all related documentation thereto (collectively with the Website, the “Service”).
Please read the Terms of Service carefully before you start to use the Service. By accepting these Terms of Service through downloading, installing, using, making purchases through or accessing the Service, or otherwise electronically indicating your acceptance, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, currently available here, incorporated herein by reference. If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity.
If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service or otherwise make any purchases of our goods and/or services.
The Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with New Nostalgia Studio and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All prices, discounts, and promotions posted on the Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total, and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including applicable shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipping and handling fees are included in our Shipping Kit. Separate shipping and handling charges will apply upon returning any materials back to you. New Nostalgia Studio is not liable for any submission or other materials while in transit through or in possession of United States Postal Service, United Parcel Service, Federal Express or any other carrier and risk of loss remains with you until delivered to us. Risk of loss and title for any materials sent by New Nostalgia Studio to you passes to you upon our delivery to our carrier.
If you elect to subscribe to the New Nostalgia Subscription Services, during the term of your subscription, including any trial period, New Nostalgia Studio grants you a revocable, limited, non-transferable right to access the Service, solely in connection with your submissions. New Nostalgia and its licensors and third party providers reserve all rights not expressly granted herein and retain all right, title and interest in and to the Service, including all intellectual property rights therein.
You acknowledge that we may amend or set new limits to bandwidth or storage limitations as needed to help maximize the operation and availability of New Nostalgia Studio’s services and to prevent abuses. We reserve the right to monitor and to identify excessive use of network resources and to take technical action or other remedial measures as we deem appropriate to maintain a fair level of service for all users. An alternate pricing or hosting plan may be suggested should your submissions use bandwidth or storage in an amount considered excessive during any given time period. In such case, we reserve the right to transfer you at any time to a more appropriate service plan in our discretion.
In the event you download or access the New Nostalgia Digital Studio, LLC mobile application (“New Nostalgia Digital Studio, LLC App”), you hereby acknowledge and agree that the Terms of Service are by and between you and New Nostalgia Digital Studio, LLC only, and not with Apple, Inc., or any of its subsidiaries (collectively, “Apple”). New Nostalgia Digital Studio, LLC, and not Apple, is solely responsible for the New Nostalgia Digital Studio, LLC App and the Services. Apple has no obligations whatsoever to furnish any maintenance and support services with respect to the Services. New Nostalgia Digital Studio, LLC and you hereby acknowledge that New Nostalgia Digital Studio, LLC, and not Apple, is responsible for addressing any claims that you or any third party may have related to the New Nostalgia Digital Studio, LLC App or your possession and/or use of the New Nostalgia Digital Studio, LLC App, including, but not limited to: (i) product liability claims; (ii) any claim that the New Nostalgia Digital Studio, LLC App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is a third-party beneficiary of these Terms of Service as it relates to the New Nostalgia Digital Studio, LLC App and will have the right (and is deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary hereof.
In the event that any warranties related to the New Nostalgia Digital Studio, LLC App have been violated under the Terms of Service, you may notify Apple, and Apple will the refund purchase price for the New Nostalgia Digital Studio, LLC App to you. To the maximum extent permitted by applicable law, Apple with have no other warranty obligation whatsoever with respect to the New Nostalgia Digital Studio, LLC App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will by New Nostalgia Digital Studio, LLC sole responsibility, subject to the terms and conditions herein.
Your subscription to the New Nostalgia Digital Studio, LLC Cloud Subscription Services may be cancelled at any time, subject to these Terms of Service. In order to cancel your subscription: (i) if you subscribed for Services via the Website, you may cancel with your New Nostalgia Digital Studio, LLC Web app account (via Storage Plan), or (ii) if you subscribed for Services via the New Nostalgia Digital Studio, LLC iPhone or iPad app, you may cancel with your Apple App Store account (via Subscriptions). There are no cancellation fees, provided that cancellation does not provide you a refund for payments already processed, nor does it stop a pending charge. Your subscription term will continue until, and your cancellation will go into effect, on the last day of the billing cycle.