Terms & Conditions

Terms of Service

The differentneverless.com website is owned and operated by Shark Family Investments, Inc. (“Different Never Less”). These Terms of Service (“TOS”) apply to and govern use by you of this website (“Site”). Your use of this Site signifies your agreement to be bound by these TOS. If you do not agree to be bound by these TOS, do not access or otherwise use this Site. YOU MUST BE OVER THE AGE OF THIRTEEN (13) TO USE ACCESS THIS SITE. BY ACCESSING AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, AND CONFIRM THAT YOU ARE OVER THE AGE OF THIRTEEN.

Different Never Less reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Site or these TOS, in whole or in part, at any time. Changes to these TOS will be effective when posted. You agree to review these TOS periodically to be aware of any changes. Your continued use of this Site after any changes to these TOS are posted will be considered acceptance of those changes. Before using this Site, review the Different Never Less Privacy Policy.

About Different Never Less

Different Never Less enables you to create Content in a mini-website and associate a mobile-device-readable unique QR code tag with that Content. As used herein, “Content” refers to any document or tag information that has the potential to be associated by Different Never Less. You can then affix that QR tag to any object you want to link to your mini-website. The Content you associate with your tag(s) is meant to be accessed by anyone scanning the tag or entering the URL of the tag, unless you choose to protect the Content of the tag with a password. As used herein, “URL” refers to the location of any file located on Different Never Less’s servers. Different Never Less also makes it easy to share tags via social media, etc., so that your tag and mini-website can be accessed by large numbers of readers.

Things Not to Do:

1. You may not use this Site to engage in spamming or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines.
2. You may not use this Site in a manner that violates the intellectual property rights of others.
3. You may not use this Site in a manner that is fraudulent or otherwise illegal or promotes illegal activities, including without limitation engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes.
4. You may not use this Site in any manner that might be libelous or defamatory, or in a way that is otherwise malicious or harmful to any person or entity, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age.
5. You may not use this Site to impersonate any person or business partner, or to obtain access to the Site without authorization.
6. You may not interfere with other users’ use of the Site.

Breach of any of the foregoing will result in our disabling your access, removing your Content and preventing you from using the Site.

Trademarks and Copyrights

The entire contents of the Site are protected under U.S. and international intellectual property laws and treaties. This Site is the property of Shark Family Investments, Inc. © 2022

Different Never Less is the sole and exclusive owner, throughout the world, of copyright and all rights of copyright in and to the Site and materials contained thereon under the United States Copyright Act and international laws and treaties. Visitors may not copy, reproduce, or transmit any materials appearing in the Site without the express prior written permission from the copyright owner(s). Any rights not expressly granted herein are reserved.

The Different Never Less name and logo and all related product and service marks and slogans are the service marks and trademarks of Different Never Less. You may not use the Different Never Less trademarks, service marks or logos without the prior written consent of Different Never Less.

Content

Different Never Less reserves the right to remove or replace any uploaded Content at any time and assumes no liability for lost links, Content, login credentials or misplaced URLs. The following types of Content constitute “abuse,” and may not be uploaded when using Different Never Less mini-websites:

1. Content that violates any law or may be considered to violate any law.
2. Content that infringes on the copyrights of any entity.
3. Content that is intended to be offensive and/or disturbing to others.

Uploading abusive Content may result in the immediate termination of your ability to use the Site or services. Circumventing Different Never Less’s ability to enforce these TOS will result in immediate termination of your account.

To report any type of abuse, send an email to Support@differentneverless.com.

Subscription and Payments

The base service is free and ample for most individual users. The base service can be used for commercial purposes, but cannot be resold without a partner agreement.

If you need to issue large numbers of tags and/or need consistently high rates of tag lookups (more than once every other second, more than 1000 lookups per tag per day) in your application, then we have specific facilities to assist you. Please contact us by sending an email to partners@differentneverless.com.

Different Never Less offers “Premium Tags” with enhanced features and capabilities. The Premium Tags can be obtained by upgrading individual tags, purchasing a set of Premium Tags or enrolling in a professional subscription package.

No Returns or Exchanges

All sales are final. Due to the nature of the goods sold by Different Never Less, we cannot offer returns or exchanges. We do this to ensure that each tag is unique and NEVER before issued to another company/person.

Privacy

Any non-public information provided by you to Different Never Less is confidential. Different Never Less reserves the right to distribute aggregated demographic information provided by you, but Different Never Less will never release any personal information about you without permission. However, Different Never Less reserves the right to release your information if you have violated these TOS, if the information is subpoenaed, or if you have committed unlawful acts.

Limitation of Liability

Your use of this site is entirely at your own risk. If you are dissatisfied with any aspect of Different Never Less’s services or with the TOS, or any other rules or policies, your sole remedy is to discontinue the use of the services. Different Never Less’s services are provided on an “as is” basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Different Never Less makes no guarantee of availability of services and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of Different Never Less’s services. In no event shall Different Never Less be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Different Never Less’s services or any Content thereon, even if Different Never Less has been advised of the possibility of such damages.

Informing us of Claims of Infringement

If you believe that your work has been copied in a way that constitutes intellectual property infringement, please provide the following information to us:

1. Identification of the material that you claim is infringing and a statement as to how it is infringing.
2. A statement declaring that the information in your notice is accurate, and that you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner.
3. Your current address, telephone number, and email address.
4. Your legible and valid physical or electronic signature.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached at: abuse@differentneverless.com.

Indemnification; Limitation of Liability

By accepting these TOS, you agree to indemnify and hold Different Never Less and its officers, directors, employees, agents, distributors, partners and affiliates harmless from and against any claims resulting from any action taken by Different Never Less during, or as a result of, its investigations, and/or from any actions taken as a consequence of investigations by either Different Never Less or law enforcement authorities. You agree to indemnify and hold Different Never Less and its officers, directors, employees, agents, distributors, partners and affiliates harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees, arising from or related to the Content; your misuse of the Site; your violation of these TOS; activity through your account; OR use of any other feature or service including without limitation:

1. User’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights; and
2. Any defamatory or unlawful material contained within Owner/User’s Content.

Maintenance

Different Never Less may perform maintenance services at anytime. You acknowledge that such maintenance may require downtime and that tags hosted on the Site may not load during this time.

Miscellaneous

These TOS will be governed and interpreted pursuant to the laws of the state of Louisiana, U.S.A., notwithstanding any principles of conflict of law. You specifically consent to personal jurisdiction in St. Landry Parish, Louisiana in connection with any dispute between you and Different Never Less arising out of these TOS or pertaining to the subject matter hereof. The parties to these TOS each agree that the exclusive venue for any dispute between the parties arising out of these TOS or pertaining to the subject matter of these TOS will be in the state and federal courts in King County, WA. If any part of these TOS is judged unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These TOS constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.