Last modified: December 21, 2018
Welcome to Neverthink! This page explains the terms by which you may use this service. Please read the whole Terms of Service carefully to ensure that you understand each provision. You may access this information at about.neverthink.tv/terms-of-service at any time.
The following terms and conditions (“Terms”, “Agreement”) govern all use of the Neverthink mobile applications (the “App”), the Neverthink website (the “Site”) and all information, content, services and products available at or through them (collectively “Neverthink” or the “Service”). Neverthink is owned and operated by Neverthink Oy, a Finnish Company (“we”, “us”, “our” or “Neverthink”).
(1.2) Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. By accessing or using any part of Neverthink you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, you may not access the Service.
(2.1) We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come up with a new feature.
(2.2) If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as adding a statement to the Site or showing a notice when you open an updated version of the App for the first time). We encourage you to review the Terms of Service periodically to stay informed about our practices.
(2.3) Whenever we make changes to these Terms, they are effective when the revised Terms are posted. Your continued use of the Service after any changes of this Agreement constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, please refrain from using the Service and delete the App from your device.
(4.1) Neverthink shall provide you with a mobile application that allows you to stream and watch curated selections (“Editions”) of online videos on your device.
(4.2) All videos can be shared by you and others outside the App via third party social media services, messaging services or website embeds.
(5.1) Neverthink grants you a limited, non-exclusive, non-transferable and revocable License to access and use the Service. You may only use the App on a device that you control and that is permitted by any applicable usage rules applied by your device’s manufacturer or by the marketplace at which we have made the app available. The terms of this License will also govern any upgrades provided by Neverthink that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
(5.2) However, your right to use the Service does not include any of the following, which is explicitly prohibited when using the Service:
By using or accessing the Service you agree, represent and warrant not to do any of this. In case of non-compliance, we may terminate your use of the Service. In case of infringed copyright and other rights of Neverthink or third parties, you may be subject to prosecution and damages.
(6.1) The design of Neverthink, including the texts, scripts, graphics, formatting, graphs, trademarks, service marks, logos, designs, look and feel, HTML, source and object code, format, queries, algorithms interactive features are owned by or licensed to Neverthink, subject to copyright and other intellectual property rights and the applicable domestic and foreign laws and international conventions.
(6.2) Neverthink provides the Service to you ‘AS IS’ for your information and personal use only. Neverthink reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Content (as defined below) obtained through the Service for any commercial purposes.
Download and usage of the App is for free. To finance the Service, we may introduce in-app purchase features or advertisement at a later stage.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
(9.2) We cannot guarantee that you will not be exposed to Content that is inaccurate, indecent, offensive objectionable, inappropriate for children, or otherwise unsuited to your purpose. You are responsible for taking precautions as necessary to protect yourself and you agree that Neverthink shall not be liable for any damages you allege to incur as a result of User Content.
(9.3) Neverthink may contain Content from third parties that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of others without our knowledge, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from such third party content on Neverthink or from the use of such content by any user of Neverthink.
(9.4) If any Content on the Service infringes your rights (including privacy, publicity or intellectual property rights) or if you witness any unlawful, malicious, harmful or otherwise objectionable Content, please inform us at email@example.com, so that we can take appropriate actions.
(10.1) We may suspend or terminate your rights with respect to the Service if you violate any of these Terms or for any other reason or for no reason at all and with or without notice at our sole discretion, without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Suspension and/or termination may include banning you from or restricting your access to and use of the App.
(10.2) In case of suspension and/or termination of your rights with respect to the Service through us, we shall not be responsible for the loss of Content connected to the installation of Neverthink on your device. You acknowledge and agree that Neverthink is under no obligation to put back Content, re-enable your access to the Service or re-install your rights with respect to the Service at any time or for any reason.
(10.3) If your rights with respect to the Service are suspended and/or terminated, you agree to make no further use of the Service during suspension or after termination.
(10.4.) All of the terms of this Agreement will survive any termination or suspension.
(11.1) You can access Neverthink by downloading the App to your mobile device and tapping ‘start’.
(11.2) To make sure your installation of Neverthink is only used in accordance with these Terms, you agree to:
It is highly recommended that you allow notifications for the app to work properly. This way you will get the latest information about new content waiting for you, or if there are other news around the app like new features or special channels. However, you may at any time opt-out from receiving any further notifications by turning notifications off in your device’s notifications settings.
(13.1) By using the Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service.
(13.2) You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(13.3) To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org.
(14.1) We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or Content on the Service with or without notice to you.
(14.2) You agree that Neverthink will not be liable to you or any third party for any modification or discontinuance of the Service, it’s Content or any portion thereof.
(15.1) You further agree to abide by any third-party terms that apply, including the iTunes App Store Terms of Service and the Terms of Service of any third party that hosts the Content which streamed to the App. You acknowledge and agree that the availability of Neverthink and its Content is dependent on such third parties.
(15.2) You agree that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for any applicable third party terms of service.
(15.3) In the event of any conflict between the terms and conditions of the third party terms of service and the terms and conditions of these Terms, the terms and conditions of the third party terms of service will govern if they are more restrictive.
We welcome and encourage you to provide feedback, comments and suggestions for the Service. By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us, you acknowledge and agree that:
(17.1) THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON’T MAKE ANY WARRANTY THAT NEVERTHINK WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
(17.2) WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
(18.1) YOU UNDERSTAND THAT YOU, DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, NEVERTHINK AT YOUR OWN DISCRETION AND RISK.
(18.2) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEVERTHINK. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE IN ANY EVENT AND FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY IN CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AS WELL AS IN CASE OF DEATH OR PERSONAL INJURY AND OTHER CASES PROHIBITED BY APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT NEVERTHINK’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO NEVERTHINK BY YOU.
(18.3) AS FAR AS NEVERTHINK’S LIABILITY IS EXCLUDED OR LIMITED, THE SAME APPLIES FOR THE PERSONAL LIABILITY OF NEVERTHINK’S EMPLOYEES, REPRESENTATIVES AND AGENTS.
If any third party brings a claim against us in connection with, or arising out of (a) your breach of these Terms; (b) your breach of any applicable law of regulation; (c) your infringement or violation of the rights of any third parties (including but not limited to intellectual property rights); (d) your Content or (e) your complaint in relation to any Content by third parties, you agree to defend, indemnify and hold us harmless from and against all costs, damages, liabilities, loss and expenses (including legal fees and costs) related to such claim.
This Agreement, including the arbitration clause, and any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination or validity thereof, are governed by the laws of Finland without regard to its principles and rules on conflict of laws.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. However, evidence may be submitted and witnesses may be heard in Finnish, to the extent the arbitral tribunal deems it appropriate.
(21.1) Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.
(21.2) No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated in writing and signed by both Parties.
(22.1) You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, Neverthink for any third party that assumes our rights and obligations under this Agreement.
(22.2) You acknowledge and confirm that we are entitled to assign and transfer all of the rights and obligations arising out of or in connection with these Terms to any other legal entity which may continue to operate Neverthink and provide the related services in the future.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You may have rights or obligations under local law other than those enumerated here.
You are always welcome to contact us for any feedback, questions, complaints or claims you may have related to the Service. Please direct your requests to: email@example.com