Last updated: June 16, 2025
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Noitalumis Records LLC, 901 N Penn St Unit F1304.
- Country refers to: Pennsylvania, United States.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Noitalumis, accessible from www.noitalumis.net.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are at least 13 years of age. If You are between the ages of 13 and 17, You represent that You have obtained the explicit consent of Your parent or legal guardian to use the Service, and Your parent or legal guardian agrees to be bound by these Terms and Conditions on Your behalf. The Company does not knowingly collect personal information from individuals under the age of 13. If You are under 13, please do not use or provide any information on this Service or through any of its features.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. When You provide Your personal information on the Website, You acknowledge and agree that this information will be collected and used in accordance with Our Privacy Policy. Please read Our Privacy Policy carefully before using Our Service.
Intellectual Property Rights You acknowledge and agree that the Service and its original content, features, and functionality (including but not limited to all musical works, lyrics, sound recordings, philosophical texts, images, and branding), are and will remain the exclusive property of Noitalumis Records LLC and its licensors. These materials are protected by copyright, trademark, and other intellectual property laws of both the Country and foreign countries. Copyright is a form of protection provided by U.S. law to authors of “original works of authorship” from the time the works are created in a fixed form. It applies automatically upon creation of a tangible work. The Company has the legal right to grant the creator of an original work exclusive rights to its use and distribution.
The Company grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Service for Your personal, non-commercial use only, in accordance with these Terms. This license explicitly excludes any rights to reproduce, distribute, publicly perform, synchronize, adapt, or create derivative works from the content of the Service, including any musical works or sound recordings, beyond what is explicitly permitted by law or separate written agreement.
You agree not to copy, modify, reproduce, republish, upload, post, transmit, perform, display, license, sell, exploit, or distribute in any manner any content from the Service in violation of these Terms or applicable law. This includes, without limitation, ‘ripping,’ downloading, re-transmitting, or otherwise copying or distributing any sound recordings or musical works from the Service, or attempting to circumvent any technological measures implemented to prevent such actions. It is an infringement of copyright for any person, without the consent of the owner of the copyright, to do anything that only the owner of the copyright has the right to do.
Membership Certain features or content on the Service may require a paid membership. All membership purchases are processed through Ko-fi, a third-party platform. Your transaction, payment details, and any issues related to the purchase are subject to Ko-fi’s terms and conditions and privacy policy. Noitalumis Records LLC is not responsible for the payment processing or security of transactions conducted on the Ko-fi platform. Memberships grant You access to exclusive Discord channels and role, resources, behind the scenes content, and exclusive discounts on the Service, as described at the point of purchase.
Merchandise The Service may provide links to or embed a storefront hosted by Teespring for the purchase of merchandise. All merchandise purchases are processed through Teespring, a third-party platform. Your transaction, payment details, and any issues related to the purchase are subject to Teespring’s terms and conditions and privacy policy. Noitalumis Records LLC is not responsible for the payment processing, fulfillment, or security of transactions conducted on the Teespring platform.
Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company via email at inquiries.noitalumisofficial@gmail.com. Mediation: If the dispute cannot be resolved informally, You and the Company agree to attempt to resolve the dispute through non-binding mediation, to be conducted in Philadelphia, Pennsylvania by a mutually agreed-upon mediator. Binding Arbitration: If mediation fails, any unresolved dispute or claim arising out of or relating to these Terms or the Service (excluding intellectual property infringement claims by the Company) shall be finally resolved by binding arbitration in Philadelphia, Pennsylvania in accordance with the general commercial arbitration rules. The arbitration award shall be final and binding, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us If you have any questions about these Terms and Conditions, You can contact us:
By email: inquiries.noitalumisofficial@gmail.com