Terms & Conditions

Agreement between user and https://nocturnalproxies.com

The https://nocturnalproxies.com website (the “Site”) is composed of various web pages operated by Nocturnal Industries as “Nocturnal Proxies”. https://nocturnalproxies.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://nocturnalproxies.com constitutes your agreement to all such Terms.

The Nocturnal Industries, LLC ("Nocturnal Industries" "us" "we" or "our") Terms and Conditions ("Terms," "Terms and Conditions") govern your access and use of our Services and Websites. By accessing or using our Services or Websites, you agree to be bound by these Terms and Conditions and our Privacy Policy (insert live link) (collectively, the "Agreement"). Please read these Terms and Conditions, our Privacy Policy, and all other applicable rules, policies, and terms carefully. If you disagree with any part of the Agreement or our other policies, then you may not access the Websites or the Services and your only remedy is to stop using the Websites or Services. Any terms not defined in these Terms shall have the meaning assigned in our Privacy Policy.

The product you are inspecting is a part of Nocturnal Industries, LLC and is only intended to help raise your chances of acquiring limited-edition goods. By purchasing products designed by Nocturnal Industries, LLC, you are accepting and agreeing to the terms and conditions, and you also understand that our product does not guarantee success in scenarios, but it does significantly increase your chances.

Proxies are solely offered for sneaker and streetwear related releases, meaning they can be only used for sneaker and streetwear related websites. They shall not be used for any illegal activities under any scenarios. Captcha farming, downloading sensitive information, video uploading/downloading, torrenting, or downloading any copyrighted applications or content or media, mass email forwarding/spamming, crawling/scraping/monitoring websites for personal or public usage is strictly prohibited. We reserve the right to terminate your account if we detect an excessive amount of bandwidth usage from your account. We reserve the right to terminate your account if we detect, or suspect, any kind of malpractice.

We do not take responsibility for bans during release due to improper use or having an incorrect setup. By purchasing the products listed on our website, you agree to our Terms & Conditions and have carefully read our FAQ's as well as agree to our No Refunds policy, and this is a digital item that will be delivered either via email or will be directly delivered to your customer portal from our dashboard/website.

Your access to and use of our Websites and our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Websites and Services.

By accessing our Websites or using our Services, the “customer,” or “buyer” agrees to be bound by these Terms and Conditions. Please read these Terms and Conditions, our Privacy Policy, and all other applicable rules, policies, and terms carefully.

The "customer," or "buyer" shall acknowledge that any dispute/chargeback initiated via their "Financial institution," "Bank," or "Credit Card company" is an attempt to fraudulently obtain the product while also receiving reimbursement of the total value, which will also be recognized by their "Financial institution," "Bank," or "Credit Card company" as fraud, which will, in turn, be denied of any such dispute/chargeback. We, Nocturnal Industries, LLC operating under “Nocturnal Proxies”, reserve the right to add a $200 special processing fee, for disputes initiated by you, which are resolved in our favor.

If you disagree with any part of the Terms or our other policies, then you may not access the Website or Service and your remedy is to stop using the Website or Service.

Privacy

Your use of https://www.nocturnalproxies.com is subject to Nocturnal Industries, LLC Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.nocturnalproxies.com or sending emails to Nocturnal Proxies constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Accounts

When you create an account with us, you must provide us with information that is accurate and complete, and maintain current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and/or the Service.

You are responsible for maintaining the confidentiality of your account and safeguarding the password that you use to access the Service. You are responsible for restricting access to your account and you agree to accept responsibility for all activities that occur under your account or password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nocturnal Proxies is not responsible for third-party access to your account that results from theft or misappropriation of your account.

Nocturnal Industries, LLC reserves the right within our discretion to refuse Service, terminate accounts, terminate your rights to use the Service, remove or edit Services, or cancel orders in its sole discretion, at any time, without notice.

You may not use as a username the name of another person or entity. You also may not use a username that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You expressly agree that we cannot be held liable for any loss or damage to you or any third party arising out of any misrepresentations you make in this regard.

Changes to Terms

Nocturnal Proxies reserves the right to modify its terms and conditions at any time, at its sole discretion, and without notice, to view any change in the Terms under which https://www.nocturanlproxies.com/ is offered. The most current version of the Terms will supersede all previous versions. Nocturnal Proxies encourages you to periodically review the Terms to stay informed of our updates.

The products or Services available on our Websites may be outdated, mispriced, described inaccurately, or unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.

We do not warrant the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You expressly agree that any offer of a Service on our Websites does not constitute a legal offer capable of attracting legal consequences.

Our Policy Toward Children

Nocturnal Proxies does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.nocturanalproxies.com/ only with the permission of a parent or guardian.

Order Cancellation & Refund Policy

ALL SALES ARE FINAL AND WE DO NOT OFFER REFUNDS.

No refunds/returns/cancellations will be provided as stated in our Refund Policy. No exceptions will be made.

The “buyer” or “customer” fully understands that these proxies are active from the time you receive them. The proxies will be active for thirty days or 720 hours if you purchase a monthly plan. Residential Proxies are active for 720 hours or 30 days from the delivery date or until you hit your bandwidth/data limit. Residential Data does not roll over if you have unused data left. Proxies are designated as a data center or residential base on the product name and description and are not decided by the customer. We are not responsible for bans during the release for improper use and having an incorrect setup. We reserve the right to deactivate proxies with excessive bandwidth usage or usage outside of its intended purposes such as video streaming, or file-sharing or any illegal activities. Please do only use our proxies on the websites that pertain to the purpose of the product. By purchasing this item, you agree to our Terms of Service, "No Cancellations," "No Replacements," "No Modifications," "No Returns" policy, this item is a non-physical good and will be sent via email provided at checkout or will be directly delivered to your client portal.

Proxies are not guaranteed to work on sites with Proxy/Bot Protection or on sites that are not listed in the ISP plan description. Proxies are only guaranteed to work on their designed sites upon delivery only. We do not provide any IP/Proxy replacements upon bans after purchase/usage/testing. We reserve the right to lock all of our ISP plan(s) on certain websites with strict bot/proxy protection to preserve the quality and prevent the abuse or misuse of our IPs.

We will try our best to fix user-generated errors on a case-by-case basis, but we make no guarantees, express or implied, that we can or will be able to remedy any User errors at any time. When you place an Order and make a Purchase, you agree to our full Refund Policy. All sales are final, we do not offer refunds. We do not change or edit any orders once payment has been processed.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: availability, technical issues, errors in the description or price of the product or Service, error in your order or other reasons. You expressly agree that Nocturnal Industries has no liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your Order or access to our Services if fraud or an unauthorized, immoral, or illegal transaction is suspected.

All products listed on our website are digital goods, therefore making all sales final. Specific site access can change at any time during the term of the monthly lease. No guarantee of any kind, expressed or implied. Digital product - no refunds or replacements. Proof of our digital products being delivered to the email address provided by the customer constitutes legal fulfillment of the order. If you have any questions please contact us at support@nocturnalproxies.com.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.nocturnalproxies.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Nocturnal Proxies that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nocturnal Proxies or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nocturnal Proxies content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Nocturnal Proxies and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nocturnal Proxies or our licensors except as expressly authorized by these Terms.

Links to Other Third Party Sites or Third Party Services

Our Service may contain links to third-party websites that are not owned or controlled by Nocturnal Industries, LLC.

Nocturnal Industries, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Nocturnal Industries, LLC is not acting as an agent in any capacity for any third-party so linked.

You further acknowledge and agree that Nocturnal Industries, LLC 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 websites or services that you visit.

Services Misuse and Piracy

When you make a Purchase and pay for the Service, you are authorized to use the Service according to the Terms and Conditions herein. Additional terms or restrictions may be imposed at the time of Purchase. You may not use our proxies, servers, or Services in any way which breaches the license. You shall not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Service, whether in whole or in part. We have taken appropriate measures and actions to combat misuse and piracy; misusing or pirating our Services will result in failure.

Indemnification

You agree to indemnify, defend and hold harmless Nocturnal Proxies, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nocturnal Proxies reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nocturnal Proxies in asserting any available defenses.

Termination/Access Restriction

Nocturnal Proxies reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nocturnal Proxies as a result of this agreement or use of the Site. Nocturnal Proxies's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nocturnal Proxies's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nocturnal Proxies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nocturnal Proxies with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nocturnal Proxies with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

International Users

The Service is controlled, operated and administered by Nocturnal Proxies from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nocturnal Proxies Content accessed through https://www.Nocturnalproxies.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Limitation on Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Nocturnal Proxies AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Nocturnal Proxies AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Nocturnal Proxies AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nocturnal Proxies AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nocturnal Proxies OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The Agreement constitutes the entire agreement between us regarding our Services and the Websites and supersede and replace any prior agreements we might have between us regarding the Services and/or Websites.

We may experience delays in updating information on the Service and in our advertising on other websites.

Nocturnal Industries, LLC does not represent or warrant that the Website, prices, Services, and products listed thereon will be accurate.

We do not warrant the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You expressly agree that any offer of a Service on our Websites does not constitute a legal offer capable of attracting legal consequences.

Contact Us

If you have any questions concerning our Terms and Conditions, Nocturnal Proxies welcomes you to contact us via email at: support@nocturnalproxies.com or visiting the “Contact Us” page on our website.