Terms of Use and Service

Introduction

Welcome to Nootropiaart.com® . These Terms of Use and Service are a legal agreement ("the Agreement") between you and the company that provides the Nootropiaart.com® service Nootropia Art Productions, Inc. ("Nootropiaart.com®") stating the terms that govern your use of Nootropiaart.com® Music, Video, Photography, Paintings, Graphic Arts, Literature, Poetry, Scripts Downloads (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.

Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Nootropiaart.com®, including information, text, images, graphics, data or other materials ("Material") and products and services provided through www.Nootropiaart.com (the "Service"). This Service is operated by Nootropia Art Productions, Inc. ("Nootropiaart.com®"). Nootropiaart.com® is also referred to in these Terms as "we", "our", and "us".

Nootropiaart.com® may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service (available in the Downloads Help section) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service.

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1. Terms of Use and Service  

Your use of the Service and purchases made through it are subject to the provisions of this Agreement and of Nootropiaart.com®'s general Terms of Use. If you have not already read the general Terms of Use you should do so now. The general Terms of Use are incorporated into, and made a part of, this Agreement. By agreeing to be bound by the terms of this Agreement, you also agree to be bound by the general Terms of Use.

Except as otherwise expressly provided for in this Agreement, the Service is subject to Nootropiaart.com®'s Privacy Policy, which is incorporated into and made a part of this Agreement. If you have not already read the Privacy Policy, you should do so now. Although Nootropiaart.com® uses commercially reasonable efforts to protect the security of your information, Nootropiaart.com® cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

2. Availability

This Service is provided by Nootropiaart.com® on an "AS IS" and "AS AVAILABLE" basis and Nootropiaart.com® reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Nootropiaart.com® is and will not be liable to you for any modification, suspension or discontinuance of the Service.

3. Your Information.

You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Nootropiaart.com® may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by Nootropiaart.com® in its sole discretion. You agree that Nootropiaart.com® may store and use the Registration Data you provide (including credit card information) for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card. Nootropiaart.com®'s use of your Registration Data is subject to the terms of our Privacy Policy.

4. Privacy

Nootropiaart.com® has a firm commitment to safeguarding your privacy. Please review Nootropiaart.com® 's Privacy Policy. The terms of Nootropiaart.com®'s privacy policy are incorporated into, and form a part of, these Terms.

5. User Account and Service Security.

Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Nootropiaart.com® of any unauthorized use of your Account or any other breach of security. Nootropiaart.com® shall not be responsible for any losses arising out of unauthorized use of your Account.

Security. You understand that the Service, and products purchased through the Service, such as music, images, video, artwork, text, software and other copyrightable materials ("Products"), include a security framework using technology that protects digital information and imposes usage rules established by Nootropiaart.com® and its licensors ("Usage Rules"). You agree that your purchase of Products constitutes your agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may result in civil or criminal liability. Nootropiaart.com® reserves the right to modify the Usage Rules at any time. Your compliance with the Usage Rules may be monitored by Nootropiaart.com®, and Nootropiaart.com® reserves the right to enforce the Usage Rules with or without notice to you.

6. Registration

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Material to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

7. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Nootropiaart.com® of any unauthorized use of your password.

8. Submitting Material

Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Nootropiaart.com® website as part of the Service, which means you may post Your Material in the form of text for display in these areas of the Nootropiaart.com® website, subject to your compliance with the Terms.

Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Material, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Agreement, which is incorporated into, and forms a part of, the Terms.

9. Copyright in Your Material

Nootropiaart.com® does not claim ownership rights in Your Material. For the sole purpose of enabling us to make your Material available through the Service, you grant to Nootropiaart.com® a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Material. Please note that when you upload Material, you allow third parties to copy, distribute and display your Material.

10. Monitoring Material

Nootropiaart.com® has no ability to control the Material you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Material for any purpose. You acknowledge that you are solely responsible for all Material and material you upload, post or otherwise transmit using the Service.

11. Storage Policy

At this time, Nootropiaart.com® provides free online storage of Your Material to registered members of the Service. However, you acknowledge and agree that Nootropiaart.com® may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Material will be retained by the Service, the maximum size of any Material files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Material on Nootropiaart.com®'s servers. Furthermore, you acknowledge that Nootropiaart.com® reserves the right to terminate or suspend accounts that are inactive, in Nootropiaart.com®'s sole discretion, for an extended period of time (thus deleting or suspending access to your Material). Without limiting the generality of Section 26, Nootropiaart.com® shall have no responsibility or liability for the deletion or failure to store any Material maintained on the Service and you are solely responsible for creating back-ups of Your Material. You further acknowledge that Nootropiaart.com® reserves the right to modify its storage policies from time to time, with or without notice to you.

12. Conduct

You are responsible for all of Your Material you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any material that you upload, download and otherwise copy, distribute and display. Material provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

(a) for any unlawful purposes;

(b) to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

(c) to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Nootropiaart.com® ;

(d) to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

(e) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Service;

(f) to upload, post, or otherwise transmit any material which is likely to cause harm to Nootropiaart.com® or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

(g) for any commercial purpose, except as expressly permitted under these Terms.

13. Trademarks

All brand, product and service names used in this Service which identify Nootropiaart.com® or third parties and their products and services are proprietary marks of Nootropiaart.com® and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Nootropiaart.com® or any third party with respect to any such image, logo or name.

14. Copyright

Nootropiaart.com® is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Material without the express, written consent of Nootropiaart.com® . However, Nootropiaart.com® does not claim ownership rights in your works or other materials posted by you to Nootropiaart.com® (Your Material).

15. Reporting Copyright Violations

Nootropiaart.com® respects the intellectual property rights of others and expects users of the Service to do the same. At Nootropiaart.com®'s discretion and in appropriate circumstances, Nootropiaart.com® may remove Your Material submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this Service, please contact Nootropiaart.com®'s agent for notice of claims of copyright infringement, who can be reached through support@nootropiaart.com. You must provide our agent with the following information, which Nootropiaart.com® may then forward to the alleged infringer:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Nootropiaart.com® be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

17. Technical Requirements.

Product and Service Requirements. You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, Nootropiaart.com® shall be without liability to you in the event of its loss, destruction, or damage. Before using the Service you must first install Microsoft Corporation's Windows Media™ Player 9 Series, or a later higher version. You will also have to install a software program that is used to compress and decompress ("codec") music files. At present, the only approved codec is Microsoft Corporation's Windows Media™ Audio version 9, or higher. Nootropiaart.com® reserves the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the Products.

18. External Links

Nootropiaart.com® may provide links to third-party websites or resources. You acknowledge and agree that Nootropiaart.com® is not responsible or liable for: the availability or accuracy of such websites or resources; or the Material, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nootropiaart.com® of such websites or resources or the Material, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

19. No Responsibility for Third-Party Materials or Web sites.

Certain content, Products, and services available via the Service may include materials from third parties. In addition, Nootropiaart.com® may provide links to certain third-party web sites. You acknowledge and agree that Nootropiaart.com® is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Nootropiaart.com® does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.

20. Usage Rules.

You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by Nootropiaart.com® or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.

You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.

You may download music to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times and 2) export Products solely to a portable device capable of playing Windows Media ™ Audio ("WMA") files such as a WMA-compliant MP3 player an unlimited number of times. Nootropiaart.com® is a reseller to you and does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

WITHOUT LIMITING ANY PROVISION HEREIN, Nootropiaart.com® MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.

The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.

Security Technology. You acknowledge that Products contain security technology that limits your use of Products in accordance with the Usage Rules. The security technology is an inseparable part of the Products.

21. Product Purchases from the Nootropiaart.com

From time to time, Nootropiaart.com® may make certain products available for purchase through the Nootropiaart.com®. For example, you may have the opportunity to purchase "Artwork" that a registered member has listed for sale through the Print Program.

All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH Nootropiaart.com® IS PROVIDED ON AN "AS IS" BASIS. Nootropiaart.com®'s SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE Nootropiaart.com® SHOP SHALL BE FOR Nootropiaart.com® TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.

22. Order Acceptance Policy; Other Restrictions.

All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.

There may be certain orders that we do not accept and/or must cancel. Nootropiaart.com®'s Order Acceptance Policy is explained in our general Terms of Use. In addition, the following restrictions apply to your purchase:

Age Requirement for use of the Service. The Service is available only for individuals who are eighteen (18) years of age. Nootropiaart.com® is relying on your representation that you are at least 18 years of age; Nootropiaart.com® would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Nootropiaart.com® does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.

Use on up to three computers. You may download music to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times total, and 2) export Products solely to a portable device capable of playing Windows Media ™ Audio ("WMA") files such as a WMA-compliant MP3 player an unlimited number of times.

Download within 90 days. You must download the Product within 90 days of purchase. After 90 days, the Product will no longer be available for you to download. There is no refund for Products that are not downloaded within 90 days.

23. Agreement to Pay.

Payment for Products. You agree to pay for all Products you purchase through the Service, and that Nootropiaart.com® is authorized to bill your chosen payment method for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Nootropiaart.com® with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the registration process. If you want to designate a different payment method or if there is a change in your credit or debit card status, you must change your credit or debit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Nootropiaart.com® can verify the validity of the new credit or debit card information.)

Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications.

Payment Methods. Nootropiaart.com® Downloads currently only accepts credit and debit cards as a form of payment. At the time your order is placed, Nootropiaart.com® obtains a pre-approval from the credit card company for the amount of the order. Your credit or debit card will be billed when the Product is "shipped". For purposes of the Service, an order will be deemed "shipped when the link for the Product download is presented to you . Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.

Sales Tax. Nootropiaart.com® Download purchases will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before the Product is purchased, the new tax rate in effect at the time of purchase will apply. We will only charge tax in states and localities where music downloads are taxable. No customers are eligible for tax exemptions for purchases made on Nootropiaart.com® Downloads.

Prices. Nootropiaart.com® reserves the right to change prices for Products offered at Nootropiaart.com® Downloads at any time.

24. Delivery of Product.

Nootropiaart.com® Downloads makes every effort to provide a broad artistic offering. For this reason, Nootropiaart.com® reserves the right to change music options without notice.

On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Nootropiaart.com®.

25. Intellectual Property.

Acknowledgement of Ownership. You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by Nootropiaart.com® and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Trademarks. Nootropiaart.com®, the Nootropiaart.com® logo, and other graphics, and logos used in connection with the Service are trademarks or registered trademarks of Nootropia Art Productions, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

26. Disclaimer of Warranties; Limitation of Liability.

Nootropiaart.com® DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Nootropiaart.com® MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. Nootropiaart.com® DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Nootropiaart.com® DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Nootropiaart.com® OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY MATERIAL, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Nootropiaart.com® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Nootropiaart.com® BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND Nootropiaart.com® HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Nootropiaart.com® MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.

27. Waiver and Indemnity.

By using the Service, you agree to indemnify and hold Nootropiaart.com®, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by Nootropiaart.com® as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from Nootropiaart.com®, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Nootropiaart.com®'S conclusion that a violation of this Agreement has occurred.

28. Enforcement of These Terms of Service.

Nootropiaart.com® reserves the right to takes steps Nootropiaart.com® believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Nootropiaart.com®'s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Nootropiaart.com® has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Nootropiaart.com® believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Nootropiaart.com®'s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

29. Amendment of the Terms and Changes

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Nootropiaart.com® for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

Nootropiaart.com® reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

30. Suspension and Termination of Access and Membership

You agree that Nootropiaart.com® may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Material stored on the Nootropiaart.com® Site, in Nootropiaart.com®'s sole discretion, if you fail to comply with the Terms or applicable law.

Nootropiaart.com®, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. Nootropiaart.com® will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. Nootropiaart.com® further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or Nootropiaart.com® suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Nootropiaart.com® with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, Nootropiaart.com®, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

Survival. The provisions of Sections 23, 25, 30, 28, 19, 26, 27, 32 and 33 will survive termination of this Agreement.

31. General Compliance with Laws.

The Service is controlled and operated by Nootropiaart.com® from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

These Terms constitute the entire agreement between Nootropiaart.com® and you with respect to your use of the Service. Nootropiaart.com®'s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Nootropiaart.com® shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Nootropiaart.com®. These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.

32. Governing Law; Remedies.

The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Nootropiaart.com® or relating in any way to your use of the Service resides in the courts of the State of New York.

You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to Nootropiaart.com® and/or its affiliates or licensors for which money damages would be inadequate, and in such event Nootropiaart.com®, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Nootropiaart.com®, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

33. Miscellaneous.

This Agreement, together with the Terms of Use and Privacy Policy for the Nootropiaart.com® website, constitutes the entire agreement between you and Nootropiaart.com® regarding the Service and governs your use of the Service, superseding any prior agreements between you and Nootropiaart.com® relating to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nootropiaart.com®'s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Nootropiaart.com® will not be responsible for failures to fulfill any obligations due to causes beyond its control. Nootropiaart.com® obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to Nootropiaart.com® for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.

mPOD® (Music Player On Demand) Terms

Your Commitment
As a Member (user subscribed to mPOD), your commitment is NOT on a month-to-month basis. You renew your subscription whenever you want. If you have consented to become a party to this Agreement and become a Member under a Membership Service Tier with Nootropiaart.com®, you may terminate your Membership at any time upon notice to Nootropiaart.com®'s Customer Care at support@Nootropiaart.com. No refund will be given or proration made for any portion of the billing cycle remaining after your termination notice has been given.

You also understand and agree that termination of your Membership is your sole remedy with respect to any dissatisfaction with Nootropiaart.com®, the terms or conditions of your Membership agreement, the policies or practices of Nootropiaart.com® in operating the Service, content available through the Service, or the amount or type of fees or billing methods used with the Service. You agree that Nootropiaart.com® may suspend or cancel this Agreement immediately and without notice at any time Nootropiaart.com®, in its sole discretion, determines that you have breached any term of this Agreement, your credit card has been declined, you have distributed your password or account information to any third party, or you have engaged in conduct that is inconsistent with the best interest of Nootropiaart.com® and/or other Customers.

Nootropiaart.com® may also at its discretion modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice to you, and that in the event Nootropiaart.com® discontinues the Service this Agreement shall be terminated, automatically, in which case Nootropiaart.com® shall make a pro rata refund to you of any Membership fee you may have been charged in advance.

Privacy Statement

What Personal Information We Collect
We collect personal information that you provide when using the Nootropiaart.com® web site. This information includes your email address and a password when you create your Nootropiaart.com® account. You can browse our online store without creating an account, but you will need to create an account when you purchase something and in order to take advantage of certain features, such as "Save for Later," "Address Book". We may also ask for personal information when you contact our Customer Service. This will allow us to protect your confidentiality by verifying your identity.

Nootropiaart.com® does not intentionally collect personal information about children under the age of 13. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by the Nootropiaart.com® Terms of Use. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to the Nootropiaart.com® Terms of Use on their behalf. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.

Purchase Information.
When you make a purchase from Nootropiaart.com®, we collect your name and payment method information, such as credit card or checking account information. We collect this information in order to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, address, and phone number of the intended recipient(s).

When you create an account at Nootropiaart.com®, you can choose to save your billing information in "Your Account." You can also save one or more shipping addresses in your Nootropiaart.com® Address Book. You may change or delete this saved information anytime. Simply go to Your Account. Log in with your email address and password, then click " Credit Card Information", "Checking Account Information", "Address Book" or "Change Name, Email & Password" and edit or delete whatever personal information you wish.

Cookies and Other Computer Information
When you visit Nootropiaart.com®, you will be assigned a permanent "cookie" (a small text file) to be stored on your computer's hard drive. The purpose of the cookie is to identify you when you visit our site so we can enhance and customize your online shopping experience. You can choose to browse on Nootropiaart.com® without cookies, but without these identifier files you will not be able to complete a purchase or take advantage of certain features of our site. These features include storing your shopping cart for later use and, in the future, providing a more personalized shopping experience. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.

We also collect certain technical information from your computer each time you request a page during a visit to Nootropiaart.com®. This information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring web site, if any. We collect this information to enhance the quality of your experience during your visit to our site and will not sell or rent this information to any third parties.

We also contract with third parties to provide us with data collection and reporting services regarding our customers' activities on our site and to track and measure performance of our marketing efforts. These third parties may use cookies and may receive anonymous information about your browsing and buying activity on this web site. None of your personally identifiable.