TERMS AND CONDITIONS
Last Updated: June 16, 2016
We may modify the Terms from time to time without notice to you, and any changes will be effective when posted. You are encouraged to review the current version of the Terms upon each use of the nuSpin Materials. Continued use of the nuSpin Site or nuSpin Materials after changes to these Terms will be deemed acceptance.
1. About Our Site
The nuSpin Site provides information about nuSpin and its products, allows consumers to find retailers of nuSpin products, and allows consumers to purchase nuSpin products directly through nuSpin.
2. Shipping and Return Policy
nuSpin products were designed and manufactured with great care and pride, and we want your entire family to be happy with your purchase. Please review our Shipping and Return Policy, which is incorporated into and made a part of this Agreement.
4. Your Account
In creating an account and/or posting any content to the nuSpin Site, you represent and warrant to nuSpin that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by nuSpin.
5. Age Limits and Users under 18
This Site is not intended to be used by individuals 18 and younger. If you are not at least 18 years old, please do not set up a nuSpin online account.
6. General Restrictions on Use & Termination
You may only use the nuSpin Site and nuSpin Materials for your personal and non-commercial use. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the nuSpin Materials or the nuSpin Site, and you may not create derivative works based on any portion of the nuSpin Materials or nuSpin Site without the express written consent of nuSpin.
7. Intellectual Property Rights
The nuSpin Materials and the products featured on the nuSpin Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by nuSpin, all text, graphics, data or other content appearing on the nuSpin Site, including but not limited to visual interfaces, data, graphics, design, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the nuSpin Materials and Site are owned by nuSpin (collectively “nuSpin Content”). nuSpin Content is provided to you by nuSpin for the sole purpose of your personal and non-commercial use of the nuSpin Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the nuSpin Site or any information, software, or services provided by nuSpin hereunder. nuSpin Content may be modified from time to time by nuSpin in its sole discretion. Your use of the nuSpin Site does not grant you any right, title, interest or license to any such intellectual property appearing on the nuSpin Site. Any unauthorized use of the content of the nuSpin Site may subject you to civil or criminal penalties.
No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the nuSpin Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of nuSpin or its licensors in the nuSpin Site and any associated IP Rights.
The word mark NUSPIN KIDS and the associated design are trademarks of nuSpin and may not be used without the prior, express, written permission of nuSpin. The names of brands or products featured or described on the nuSpin Site may be separately protected by trademarks owned and controlled by nuSpin. A Non-exhaustive list of nuSpin trademarks is published here. No license, right or interest in any trademarks of nuSpin is granted under this Agreement.
Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.
8. Your Representations About Your User Created Content
For any content you may upload, post, or otherwise submit to the nuSpin Site, you grant to nuSpin, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known.
You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the nuSpin Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to nuSpin’s attention.
You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or nuSpin’s rights in the content ability to fully use the content as contemplated herein.
If a minor appears in any content you submit to nuSpin, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.
9. Liability Limitations
YOU ARE USING THE NUSPIN SITE “AS IS.” IN NO EVENT SHALL NUSPIN BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE NUSPIN SITE, OR THE NUSPIN CONTENT. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Disclaimer of Warranty
THE NUSPIN SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE NUSPIN SITE ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. NUSPIN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.
The nuSpin Site is provided to you without charge as a convenience and for your information only. By merely providing access to the nuSpin site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the nuSpin Site will be free from interruptions, errors, computer viruses or other harmful components.
12. Links To Third Party Sites
nuSpin is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
14. No Assignment
You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of nuSpin. However, nuSpin may freely assign this Agreement without restriction.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against nuSpin unless such waiver is in writing signed by nuSpin.
16. Governing Law
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, and collection costs). The nuSpin Materials and Site are intended to be offered from nuSpin’s location in the United States of America. nuSpin makes no representations that the nuSpin Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.
17. Entire Agreement
18. Contact Us
Please submit any notices, questions, comments, or concerns regarding the Site to us through our Contact Us form.