Terms & Conditions

Last updated: 04/10/2025

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

These Terms & Conditions apply to the nnative website located at www.nnative.com and all other sites, mobile sites, related services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "nnative", “the Organization”, "us" or "we" refers to nnative Garden - a division of Peregrine Visual Storytelling Ltd. and its subsidiaries and affiliates.

Introduction

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS.

Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

The Site Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with the Organization for products, services, or otherwise.

Hereinafter “you” or any third party pronouns will refer to as the User.

Agreement

This Agreement forms a legally binding agreement between you and The Organization and governs your access and use of the the Organization’s Site.

By accessing or using any of the Site you agree to be bound and abide by this agreement and any amendments thereto.

Read this agreement carefully before using any of the Site and it’s services, especially since this agreement may affect your legal rights, such as requiring binding individual arbitration, and limiting your right to bring a lawsuit or class action.

If you do not agree to these terms, please immediately cease use of any of the Site.

Disclaimers

The Organization hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications or other relationships of any Users through the Site or otherwise.

The Organization makes no warranties, representations, guarantees, or other promises or covenants with regard to any User or their conduct. You hereby acknowledges and agree that the Organization is not responsible or liable in any way for your interactions with others and that your actions and interactions are your sole and exclusive responsibility.

Registration

You may be asked to register to use the Site. You will choose a unique identifier and password. You are responsible for ensuring the continued accuracy, security, and confidentiality of this information. You may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Site further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Use

You agree not to use the Site for any unlawful purpose or any purpose prohibited under this clause. You agree not to undertake any action which may damage the the Organization in any way.

You further agree not to use the Site: a) To harass, abuse, or threaten others or otherwise violate any person's legal rights; b) To violate any intellectual property rights of the Organization or any third party; c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; d) To perpetrate any fraud; e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; f) To publish or distribute any obscene or defamatory material; g) To publish or distribute any material that incites violence, hate, or discrimination towards any group; h) To unlawfully gather information about others.

Release

You hereby release the Organization, as well as any of the Organizations affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from your dispute with any other User.

Limited License

You acknowledge and agree that the Organization's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organization or its affiliates, licensors, or suppliers. You acknowledge and agree that the source and object code of certain Site services and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of the Organization and its affiliates, licensors, and suppliers.

You expressly agree not to do anything inconsistent with the Organization's ownership of all of the intellectual property discussed herein. You further agree that there are no rights, title, or interest in or to any Site services, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of the Organization or any third party.

For any Site services which enable you to use any software, content, equipment or other physical or non physical materials owned or licensed by the Organization, the Organization grants User a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Site, and any related software, content, equipment or other materials FOR PERSONAL, NON-COMMERCIAL USE ONLY.

Restrictions

You are prohibited from selling, reselling, or making commercial use of the Site services and content, unless you have specifically an executed agreement with Organization that expressly allows for such activity.

Third-Party Services

Certain Site services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials ("Third-Party Services"). The Organization does not control any Third-Party Services. The Organization makes no claim or representation regarding the third-party services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services. There is no implied affiliation, endorsement, or adoption by the Organization of these Third- Party Services and the Organization shall not be responsible for any content provided on or through these Third-Party Services.

Member Consents

You agree and verify that all of the information you have given the Organization and its representatives is accurate, up to date, and without the omission of any requested information. You agree and verify that even if you have omitted any necessary personal information, whether knowingly or unknowingly, you will hold the Organization harmless against all liability for any damages that may occur to yourself or others because of your actions or inactions. You agree to notify the Organization of any changes or upcoming changes concerning your personal information.

Payment Terms

You understand that some services presented on the Site require a paid subscription.

You agree to and understand that all payments are handled by a third party payment processor, the Organization is not directly involved in the online payment.

All payments are to be made in Canadian Dollars.

Upon completing a transaction on our Site, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct.

We have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond Our control.

You will receive a confirmation email once the payment has been received by Our third party service provider.

Once a payment has been made it cannot be cancelled. We do not accept any responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.

Once a payment has been made it is non-refundable.

Assumption of Risk

You agree and understand that your participation in the Site and its services may involve risks. These risks may lead to tangible or intangible harm, and you agree that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Site.

Indemnification

You agree to defend and indemnify the Organization and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the activities, your breach of this Agreement, or your conduct or actions. You agree that the Organization shall be able to select its own legal counsel and may participate in its own defense, if so desired.

Representation

You agree that you are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.

Survival

Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.

Severability

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

Dispute Resolution

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the country and province noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Alabama. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and provincial law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organization will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of Canada and the Province of Ontario and you consent to the exclusive jurisdiction of the provincial courts and federal courts located there for any dispute arising out of this Agreement.

Notices

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this section.

Headings

Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.