Terms of Service

Last updated: 02/26/2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://nushara.com website (the “Service”) operated by Nushara (“us”, “we”, or “our”).

Your access to and use of the Service 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 Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

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

You are responsible for safeguarding the password that you used to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

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.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Nushara and its licensors.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Nushara.

Nushara has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Nushara 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 use of or reliance on any such content, goods or services available on or through any such websites 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.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany 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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try 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, please stop using the Service.

Allowed/Prohibited Content

You may not post copyright infringing content, such as movies and videos, furthermore you may not post racist content, hateful speech or any kind of real pornographic content (photo/video). Also prohibited are depictions of lascivious and NSFW-like persons or characters under the legal age of maturity. Doing so will result in your account being permanently banned.

Artistic freedom is our main dedication and objective to preserve. Therefore, we offer our member the option to classify their profile as mature content (NSFW). This classification is done by the artist’s own estimation. Moreover, the classification of a profile as mature is not necessarily related to actual mature content (NSFW). Such classification serves as a sole precaution. Mature-like content may be drawn but has to be related to a creative occupation to cover the artistic freedom.

Lascivious and Mature-like content is defined as created depictions of full-grown characters in lascivious situations. These depictions have to be related to a creative occupation. As creative occupation can be seen drawing, sketching, sculpturing, music and others. However, there are limitations in fields of topics.

Age restriction

To use the services, you have to be 18 years or older. You accept that profiles labelled as mature content may themed adult content and that you may be exposed to such content at any time by accessing those.

Governing Law

Any claim relating to Nushara’s website shall be governed by the laws of Germany without regard to its conflict of law provisions.

Services Deficiency

We cannot be held accountable for any damage caused by using any of our services. Furthermore, we cannot be held accountable for any damage caused by losing stored data.

Ownership of content

By using our service you agree to: retain all ownership rights of your Content. However, Nushara is allowed to use your created content for promotion or to display on our website. You also allow us to make use of your content in any showcase and advertisement. We are also allowed to use and alternate the content in any way. Nushara will not sell any of your content.

Terms of sale:

Any registered member can upgrade their account to a Premium membership. Upgrading to a Premium membership will grant you special features, which may be changed at any time without further notice. The details on Premium memberships can be found under https://nushara.com/upgrade. Premium base on a one-time payment model. Premium membership will charge you €4.99 EUR per month. You can cancel your subscription at any time. You can manage your membership on the same page. PayPal related payments can be managed at http://paypal.com/ or directly at our website. Nushara is entitled to cancel your Premium membership and may refund your last payment under special criteria, but is not obliged to refund any payment. Premium membership will last either 1/3/6/12 months after your payment has been placed and confirmed. Any fees Paypal will charge for will have to be paid by you. (like currency conversion rates and other services)

Salvatorian / Severability Clause:

This ToS is valid at any time. Should any part of this document be deemed invalid or changed, the rest of it stays valid and in full force.

Contact Us

If you have any questions about these Terms, please contact us.