Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern your access to and use of the website, magazine, marketplace, and related services operated by NoFortune ("NoFortune," "we," "us," or "our"), collectively the "Services." By accessing or using the Services in any way, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

These Terms incorporate by reference our Privacy Policy, Marketplace Terms, Refund Policy, DMCA / Copyright Policy, and Disclosures. In the event of a conflict, these Terms control except where a referenced policy states otherwise.

2. Eligibility

You must be at least sixteen (16) years of age and legally able to enter into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

3. The NoFortune Platform and Services

NoFortune provides a white-label marketing collective, a digital magazine, a marketplace of marketing and creative services, backend fulfillment, virtual assistants, and brand systems. The Services are provided on an "as available" basis. We may modify, suspend, or discontinue any part of the Services at any time without notice and without liability.

We are a platform and service provider. Except for services we directly fulfill, we may connect you with third-party vendors, suppliers, and fulfillment partners. NoFortune is not responsible for the acts or omissions of third-party providers beyond what is expressly stated in these Terms or an applicable order.

4. Accounts and Registration

You may need to register an account to use certain features. You are responsible for safeguarding your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we determine, in our sole discretion, pose a risk to the Services or others.

You agree to provide accurate, current information and to update it as needed. Providing false information may result in immediate termination and forfeiture of any pending commissions or balances.

5. Marketplace and Service Orders

When you order services through the marketplace, the details of vendor, buyer, fulfillment, and payment obligations are set out in our Marketplace Terms, which are incorporated here by reference. Refunds are governed by our Refund Policy.

6. Payments, Billing, and Subscriptions

Payments are processed by our payment processor, Stripe. You authorize us and Stripe to charge the payment method you designate for all amounts due. For recurring subscriptions, you authorize recurring charges until cancellation. You may cancel a subscription as described in the applicable service terms; cancellations take effect at the end of the current billing period unless stated otherwise.

Prices and fees are subject to change. We may apply taxes as required by law. If a payment fails, we may suspend access or fulfillment until payment is resolved.

7. Refunds and Chargebacks

Refund eligibility is limited and is governed entirely by our Refund Policy. Initiating a chargeback without first contacting us may result in account suspension. You remain responsible for all amounts owed even if a chargeback is initiated.

8. Affiliate and Commission Program

If you participate in our affiliate, referral, or commission program, your participation is subject to our Marketplace Terms. Commissions are calculated and paid at NoFortune's sole discretion under the program rules. We may adjust, withhold, claw back, or reverse commissions for cancelled, refunded, fraudulent, or disputed orders, and we may modify commission rates on a going-forward basis.

9. User Content and Submissions

You retain ownership of content you submit to the Services ("User Content"). By submitting User Content, you grant NoFortune a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive license to host, store, use, reproduce, edit, publish, distribute, display, perform, and create derivative works of that User Content in connection with operating and promoting the Services.

You represent and warrant that your User Content: (a) does not violate these Terms or any law; (b) does not infringe the rights of any third party, including intellectual property and privacy rights; and (c) you have all rights necessary to grant the license above.

You are solely responsible for your User Content. We are not obligated to monitor User Content but may remove or restrict it at any time without notice.

10. Intellectual Property

The Services, including the magazine, marketplace design, logos, text, graphics, and software, are owned by NoFortune or its licensors and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works of the Services without our prior written consent. "NoFortune," the NoFortune logo, and related marks are our trademarks.

11. Acceptable Use and Prohibited Conduct

You agree not to, and not to allow others to, use the Services to:

• Violate any law, regulation, or third-party right, including intellectual property, privacy, and consumer protection laws.
• Engage in fraud, deception, false testimonials, fake engagement, bot traffic, or any manipulation of platform metrics.
• Submit false, misleading, infringing, defamatory, hateful, harassing, or harmful content or listings.
• Upload viruses, malware, or any code designed to harm or interfere with the Services.
• Scrape, mirror, or otherwise extract data from the Services without authorization.
• Attempt to gain unauthorized access to the Services, accounts, or systems.
• Circumvent payment, fees, or commission obligations.
• Resell or sublicense access to the Services without authorization.
• Use the Services to offer competing services in a manner that harms NoFortune.
• Impersonate NoFortune, our personnel, or any other person or entity.

Violations may result in immediate suspension or termination, removal of content, forfeiture of pending commissions or balances, and legal action. We may report violations to law enforcement where appropriate.

12. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOFORTUNE AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY RESULT (INCLUDING MARKETING, GROWTH, VERIFICATION, PLACEMENT, OR CHARTING RESULTS) WILL BE ACHIEVED. OUTCOMES DEPEND ON MANY FACTORS OUTSIDE OUR CONTROL, AND NO GUARANTEE OF RESULTS IS MADE.

ANY SERVICES PROVIDED BY THIRD-PARTY VENDORS ARE PROVIDED SUBJECT TO THEIR OWN TERMS AND DISCLAIMERS. NOFORTUNE IS NOT RESPONSIBLE FOR THIRD-PARTY WARRANTIES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOFORTUNE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT NOFORTUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOFORTUNE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO NOFORTUNE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). THIS LIMITATION APPLIES EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You agree to indemnify, defend, and hold harmless NoFortune and its affiliates, officers, employees, agents, vendors, and licensors from and against any and all claims, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content or your use of the Services; (b) your violation of these Terms or any law; (c) your violation of any third-party right, including intellectual property or privacy rights; (d) your orders or your clients' orders; or (e) any chargeback or payment dispute you initiate. We reserve the right to assume the exclusive defense of any matter for which you must indemnify us, and you will cooperate with that defense.

15. Release

To the fullest extent permitted by law, you release NoFortune and its affiliates and personnel from any claims, damages, or losses arising in any way from your use of the Services, your interactions with other users, vendors, or partners, or any third-party services. Your sole remedy for any dispute with NoFortune is to stop using the Services, subject to your continuing obligations under these Terms.

16. Third-Party Services and Links

The Services may integrate or link to third-party platforms (such as Stripe, social platforms, advertising networks, and fulfillment panels). We are not responsible for their availability, accuracy, or practices. Your use of third-party services is subject to their terms and policies.

17. Termination

You may stop using the Services at any time. We may suspend or terminate your access at any time, for any reason, without notice and without liability. Upon termination, all licenses granted by you to NoFortune in User Content survive. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will remain in effect.

18. Governing Law and Venue

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of California, U.S.A., without regard to conflict-of-laws principles. You submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for any dispute that is not subject to arbitration under the section below.

19. Dispute Resolution and Arbitration

Informal resolution. Before filing a claim, you agree to first contact us at legal@nofortune.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding arbitration. Except for claims that may be taken to small claims court, any dispute arising out of or relating to the Services will be resolved by final, binding arbitration administered in Los Angeles County, California, under the Federal Arbitration Act. The arbitrator, not a court, will decide all issues, and you and NoFortune waive any right to a jury trial.

Class action waiver. You and NoFortune agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate claims or preside over a representative action.

Costs. You are responsible for your own costs and attorneys' fees, except as the arbitrator may award under applicable law in a non-frivolous individual claim.

20. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this section is void.

21. Changes to These Terms

We may update these Terms at any time. The "Last updated" date will reflect the change. Your continued use of the Services after a change constitutes acceptance of the updated Terms.

22. Miscellaneous

These Terms constitute the entire agreement between you and NoFortune regarding the Services and supersede all prior agreements. If any provision is held unenforceable, the remainder will remain in full force. No waiver by NoFortune of any breach is a waiver of any later breach. Notices to NoFortune may be sent to legal@nofortune.com. The section headings are for convenience only and do not affect interpretation.

23. Contact Us

Questions about these Terms should be directed to:

NoFortune Legal
Email: legal@nofortune.com