Lucky Nuckee Terms Of Use

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Terms of Use and Sale


In short…
The following key points of this User Agreement are only brought for Your convenience. These key points do not substitute the full User Agreement.
  • Introduction. Nuckees app allows you to design and purchase custom hand grips that are adapted for handheld electronic devices, such as smartphones, tablets and cameras.
  • The Service is owned and operated by Nuckees Marketing LLC d/b/a NUCKEES.
  • Acceptable use. The Terms define the acceptable use of the Service and the actions you should avoid while using the App. For example, when uploading content to the App, you must refrain from infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks.
  • Age restriction. The Service is intended and permitted for use only by individuals 18 years of age or older.
  • Account termination. We may temporarily or permanently deny, limit, suspend, or terminate your User account.
  • Privacy. We respect your privacy, as further explained in our Privacy Policy.
  • Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When you upload content through the App you represent and warrant that you are the rightful owner of all rights to such content or lawfully licensed by all the rightful owners to upload such content.
  • License. By uploading content to the App, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable license to use your content for any purpose.
  • Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
  • Disclaimer of warranty. The App, the Content and the Products are provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the App.
  • Limitation of liability. The liability of the Company, including anyone on its behalf, is limited with respect to any damage or loss, arising from, or in connection with the use of, or the inability to use the App.
  • Law & jurisdiction. Use of the Service is governed by the laws of the State of New York, USA. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.
Terms of Use and Sale

 

Welcome to Nuckees, a mobile application (the "App") that allows you to design and order custom hand grips adapted for handheld electronic devices, such as smartphones, tablets and cameras.
The App is owned and operated by Nuckees Marketing LLC, a New York corporation (the “Company”, “we”, “our”) d/b/a NUCKEES. Our address is at 16 East 34th Street, New York, NY 10016.
Please carefully read the following terms and conditions of use and sale (the "Terms"), which constitute a binding agreement between you and the Company and define your rights and responsibilities regarding purchases made through the App.
By accessing or using the App or purchasing our designed hand grips offered for sale on the App, you signify your acceptance of these Terms.
If you do not agree to these Terms, you may not access the App or use it in any manner.

 

About the App
Informative content on the App. The App provides content and information about Nuckees and its unique custom-designed hand grips (the “Products” or "Nuckees"). The App's content is presented for informative purposes only. Some sections of the App allow you to submit your contact details, in order to request support or receive further information and updates regarding the Product.
Ordering Products. The App also allows users to design their own Nuckees, order the custom-designed Nuckees and receive a lifetime replacement warranty, excluding cost of shipping, from the Company. In order to design your own Nuckees, you may upload to the App an image you desire to print on your Nuckees. Once we approve your image - you will be able to purchase your custom-made Nuckees with your selected image printed on it.
Images that you upload. When designing your own Nuckees, you must use only your own original and lawful content. You can’t use copyright protected photographs, drawings, artworks, graphics, prints and any other content (collectively "Content") which you don’t own the rights to.
THAT MEANS YOU CAN’T UPLOAD COPYRIGHT PROTECTED PHOTOGRAPHS, DRAWINGS, ARTWORKS, GRAPHICS, PRINTS AND ANY OTHER CONTENT WHICH YOU DON’T OWN ALL THE RIGHTS TO.
License. By uploading Content to the App, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable license to use your Content for any purpose whatsoever.

 

USER WARRANTIES. WHEN YOU UPLOAD CONTENT TO THE APP, YOU REPRESENT AND WARRANT THAT-

  • THE CONTENT IS EXCLUSIVELY YOUR OWN ORIGINAL CREATION AND NO PART OF IT HAS BEEN COPIED FROM ELSEWHERE;
  • YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR CAN DEMONSTRATE THAT YOU ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS OF ALL INTELLECTUAL-PROPERTY PROTECTED ELEMENTS (INCLUDING TRADEMARKS, COPYRIGHTED WORKS AND DESIGNS) WHICH ARE DEPICTED, SHOWN OR INCORPORATED IN THE CONTENT;
  • YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES OR RIGHTS (AS THE CASE MAY BE) IN AND TO SUCH CONTENT, IN ORDER TO PRINT YOUR NUCKEES, AND SOLELY FOR THAT PURPOSE;

 

INDEMNITY
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the App, your breach of the Terms, or the violation, or infringement of any other person’s rights in connection with Content you uploaded.

 

Registration and User Account
Registered users. Registered users who have signed-up to the App with a user account (“User Account”) may take advantage of order tracking and history. You must submit true, accurate and complete details when registering. You are solely responsible and liable for all activities performed with or through your User Account. To prevent unauthorized use, keep your password confidential and do not share it with any third party.
User Account misuse. You are prohibited from selling or transferring your User Account or making it available to anyone else. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of registration.
Secure your account. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details and may not provide or disclose them to anyone else.

 

Pricing, Products Availability and Taxes
Prices. Nuckees price is listed in US Dollars and is exclusive of any taxes, fees, duties, and levies (the “Price”). The Price is subject to change without notice. Despite our efforts, Nuckees might be presented with incorrect prices and quantity or availability might be incorrectly indicated. We will correct such errors when we discover them.
Invalid orders. If you’ve ordered a Nuckees that has been incorrectly priced, or whose quantity or availability has been incorrectly indicated on the App, we will suspend the order, contact you, advise you of the error and seek your further instructions in light of the correct price, quantity or availability. We are not obligated to provide you a Nuckees at an incorrectly indicated price that is lower than the correct price, if the incorrect price is an obvious error.
You agree that if we are unable to ship the Products you ordered due to unavailability, we may decline to accept your order and cancel it by notifying you to that effect, without liability to you.
Tax. Any taxes related to the Products purchased through the App are at your own responsibility (excluding taxes based on our net income). Where taxes apply, we will use best efforts to add them to your checkout amount and seek your confirmation to the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your order, we reserve the right to charge you for any under-collected amount. If we later determine that we have over-collected taxes on your order, we will make our best effort to refund you for the over-collected amount.
WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARE NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY HARM, LOSS, EXPENSE OR OTHER DAMAGES YOU MAY INCUR AS A RESULT OF OUR ERROR IN CALCULATING THE TAXES OWED FOR PRODUCTS YOU PURCHASED, IN EXCESS OF THE DIFFERENCE BETWEEN THE CALCULATED TAXES AND THE CORRECT TAX AMOUNT.

Payment Options
Payment methods. We accept payments through PayPal and credit cards supported by PayPal. If we are unable to process your payment, we reserve the right to cancel your order, with email notification to you.
We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as PayPal. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.

Shipping
We ship in the United States only. We will deliver the purchased Products within a reasonable time after we complete processing your purchase order, subject to their availability. Unless otherwise indicated in the checkout process, shipping charges are included in the price presented. The risk of loss and title for the Products you purchase pass to you upon delivery of the item to the carrier.

Acceptable use of the App
You may access, use and upload content to the App and use features provided through the App.
While using the App, you agree to refrain from –

  • Breaching theses Terms or any other applicable App rules and instructions that we may provide;
  • Interfering with, burdening or disrupting the functionality of the App;
  • Breaching the security of the App or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation, or functionality of the App, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the App;
  • Displaying the App or any part thereof in an exposed or concealed frame, or linking to elements or portions of the App, independently from the web pages on which they originally appear;
  • Displaying content from the App, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of our App; and
  • Linking to the App from web pages that contain pornographic content or content that is unlawful or encourages prohibited activity such as racism or wrongful discrimination.
  • Uploading to the App content which may be considered as -
  • Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
  • Identifying minors, their personal details or their address and ways to contact them;
  • Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
  • Constituting a violation of a person's right to privacy or right of publicity;
  • Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
  • Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
  • Otherwise prohibited by any applicable law.

The Company may, but is under no duty to, review content that was uploaded to the App and decline any purchase order that includes use of such content, for any reason that the Company may consider to be justified at its sole discretion.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE APP. WE MAY BLOCK YOUR ACCESS TO AND USE OF YOUR USER ACCOUNT WITHOUT PRIOR NOTICE AND IN OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE FRAUDULENTLY OR ABUSIVELY USING THE APP.

Company Lifetime Product Warranty
The Company warrants each Product you purchased through the App against any defects and physical damages, for an unlimited period of time. Users will be responsible for cost of shipping.

Age Restrictions
If you are under the legal age of maturity in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. By using the App, you declare to us that you have obtained it. If you are under the age of 13 you may not use the App in any way.

Privacy

We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the App.

Intellectual Property

All rights, title and interest in and to the App, the Website (except – as provided herein with respect to users' Content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the App, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

Requests to Remove Content from The App

We respect the intellectual property rights of others. Requests to remove content that purportedly infringes or violates third party copyrights, from the App, or counter requests, must be made in accordance with our Copyright Policy.

Other requests regarding the content should be made through the contact channels listed at the end of these Terms.

Commercial Information
We may incorporate in the App advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties (including Content displayed within the App) we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company or any of the App's users does not constitute a recommendation or encouragement to procure the goods or services advertised. 

 

Changes
We may, at any time and without prior notice change the layout, design, scope, features or availability of the App.
We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF WARRANTY
OTHER THAN THE PRODUCT WARRANTY SPECIFICALLY SET FORTH ABOVE OR OTHERWISE EXPRESSLY SPECIFIED IN THESE TERMS, THE APP, THE CONTENT AND THE PRODUCT ARE PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. OTHER THAN THE PRODUCT WARRANTY SPECIFICALLY SET FORTH ABOVE OR OTHERWISE EXPRESSLY SPECIFIED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE APP, ITS CONTENT, THE PRODUCTS, AND PRODUCT DESCRIPTIONS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE APP, ITS CONTENT OR THE PRODUCTS, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE APP, THE CONTENT AND THE PRODUCT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE APP WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED, THAT THEY WILL BE FREE FROM ALL HARMFUL COMPONENTS, SAFE, SECURE, IMMUNE FROM DAMAGES, OR FREE OF MALFUNCTIONS, BUGS OR FAILURES. SUCH INCIDENTS WILL NOT BE CONSIDERED A BREACH OF THESE TERMS.

LIMITATION OF LIABILITY
THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT OR LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APP, THE CONTENT, THE PRODUCTS OR ANY OTHER ASPECT OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATED LIABILITY OF THE COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF, TO THE DESIGNER FOR ANY AND ALL DAMAGES WHATSOEVER ARISING FROM, OR IN CONNECTION, THE APP, THE CONTENT, THE PRODUCT, OR ANY OTHER ASPECT OF THESE TERMS, SHALL BE LIMITED TO THE GREATER OF THE FEES THAT THE FEES YOU ACTUALLY PAID (IF ANY) TO THE COMPANY DURING THE 12 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Termination
You may, at any time, request to terminate your User Account by contacting us at Support@Nuckees.com. Please note that merely uninstalling the App won't delete your User Account, including all the information maintained in it, which may still remain with us.
We may temporarily or permanently limit, block your access to or terminate your User Account, if we determine that you breached these Terms.

We may at any time discontinue or terminate the operation of the App, its features, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.

Upon termination of these Terms or your account, for any reason, your right to use the App is terminated and you must immediately cease using the App. We will not be liable to you for termination of access to the App. However, any rights or assignments granted or made to us with respect to Content, shall indefinitely survive.

Application Marketplace
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which You downloaded the App, such as iTunes for iOS and Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.

The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. 

Governing Law, Jurisdiction
Regardless of your place of residence or where you access or use the App from, these Terms and your use of the App will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
Subject to the exclusions below, any and all disputes, claims or controversies between you and the Company regarding these Terms, the Products, or the use of the App, which are not amicably resolved, shall be settled through binding arbitration (rather than in court) by telephone, online or based solely upon written submissions without in-person appearance, administered by the American Arbitration Association (AAA), under its Consumer Arbitration Rules (which are available at www.adr.org). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, you may lodge claims in small claims court if your claim qualifies.
The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Payment of filing, administration and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. These fees will be shared equally by you and us, unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.
You may opt-out of the above arbitration clause by emailing us to Support@Nuckees.Com, within 10 days of entering into these Terms for the first time, an opt-out notice that identifies yourself and clearly sets out your choice to opt out of dispute settlement by arbitration. In case of such opt-out, any and all disputes, claims or controversies between you and us regarding these Terms or the use of the App, which are not amicably resolved, shall be subject to the exclusive jurisdiction and venue of the state and federal courts in New York County in the State of New York, USA.
Notwithstanding any of the foregoing, we may lodge an impleader claim against you pursuant to the indemnity clause above in any court adjudicating a third-party claim against us.

MISCELLANEOUS
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes our stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
 
Contacting us
You may contact us by using one of our online 'Contact' forms, available on our website at www.nuckees.com (the "Website").
When using our online form, we will ask you to provide us with certain contact and personal details, such as your full name, email address, etc. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may impair our ability to contact you. We will explicitly indicate the mandatory fields for completion.

Last updated: May 1, 2018
 

Terms and Conditions – Nuckees Promotion

Please carefully read the following Terms and Conditions (the "Promotion Terms"), because they constitute a binding agreement for individuals seeking to participate in the promotion that we, Nuckees Marketing LLC d/b/a NUCKEES (the "Organizer", "we", "us", "our"), organize and administer (the “Promotion”).

By registering to the Promotion, you, the individual named in the registration form, agree to be legally bound by the Promotion Terms as well as the terms and conditions and privacy policy that apply to all users of Nuckees mobile application (the “App”). In the event of any conflict between the Promotion Terms and the App’s terms and conditions and privacy policy, these Promotion Terms shall prevail, but only with respect to the conflicting matter or issue.

  • Timetable
    •

    The promotions will begin and end at the Organizers discretion and notice of start and end dates and times will be an email message sent to the address provided upon registration.

  • Eligible Participants and Registration
    •

    Except as set forth in these Promotion Terms, and subject to any applicable law, in order to participate in the Promotion, you must meet the following criteria before the Promotion has ended as per the timetable in section ‎1 above –

    1. Have an iPhone or an Android device;
    2. Download the App and install it on that device;
    3. Register to the App by creating an account on the App
    4. Upload your original photographs, drawings, art works or other visual content to be printed on your hand grip (the "Image");
    5. Have the Image approved by the Organizer;

    Upon meeting the above requirements and subject to these Promotion Terms, we will post your Image to our Instagram profile (the "Post").

    BY PARTICIPATING IN THE PROMOTION, YOU REPRESENTS AND WARRANTS THAT YOU ARE THE RIGHTFUL OWNERS OF ALL RIGHTS IN AND TO ANY PHOTOGRAPHS, DRAWINGS, ART WORKS, GRAPHICS, PRINTS AND ANY OTHER CONTENT YOU UPLOAD TO THE APP.   

    If you are under the age of 18, you may not register to the Promotion or participate in it, in any way. An individual may submit one entry per contest.

    Employees and board members of the Organizer, persons involved in the administration of the Promotion as well as family members (i.e. parents, grandparents, children, grandchildren, siblings, nieces, nephews, and in-law relatives) of any of the above individuals are not eligible to participate in the Promotion.

    We reserve the right to verify your identity and eligibility to participate in the Promotion. If we so request, you must promptly provide us additional information necessary to verify your identity and eligibility to participate in the Promotion. If we, in our reasonable discretion, determine that you have violated the Promotion Terms or are not eligible to participate in the Promotion, we may disqualify you and terminate your participation under these Promotion Terms, without prior notice and without any liability to you. The Promotion and these Promotion Terms are void where prohibited by law or Instagram's terms of service.

    All participants must be able to have legitimate Instagram posts with likes that can be verified for authentication. We reserve the right disqualified individuals and cancel awards if suspicious likes or scamming methods are detected.

    We may, from time to time, set additional or clarifying rules or guidelines regarding the Promotion. We will notify of these rules and guidelines on our website, through in-app notification, or through email message to the address you provided upon registration. Such additional or clarifying rules and guidelines shall be binding.

  • Reward
    •

    In order to be eligible to be rewarded for your participation in the Promotion, you must have at the minimum number of likes determined by the Organizer,  on the Post on the Organizer's Instagram profile within the number of days determined by the Organizer of the Post being published on Instagram, and in any case before the Promotion has ended as per the timetable in section ‎1 above:

    Note that your eligibility to receive a reward is not determined by chance.

    If you complete all stages described above and the Post receives the sufficient number of likes determined by the Organizer in the required timeframe, you will become eligible to receive a reward of US Dollars determined by the Organizer (the “Reward”). The Organizer will provide you with the Reward through predetermined platform.

    The information documented in our and Instagram's systems, such as the number of likes, is final and non-contestable.

    If you are eligible to receive the Reward, then following 30 (thirty) days after we complete processing the payment of your Reward, we will remit payment of the Reward to you.  We will deduct from the Reward any taxes we deem required under the applicable tax laws, and remit to you the net Reward following such deductions. Rewards are non-transferable and may not be redeemed for cash or any other form of payment.

    The Reward may be considered taxable income pursuant to the tax laws applicable you. You are solely responsible for reporting the prize to the relevant taxation authorities, and paying all taxes applicable to the Reward, as required by the applicable tax laws. If we so request, you will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws.

  • Restrictions
    •

    Throughout your participation in the Promotion, you must not –

        • Buy or sell likes or otherwise generate, or makes others generate, likes by using any automated systems;
        • Violate any rules, guidelines or instructions that we may convey regarding the Promotion;
        • Interfere with or disrupt the operation of the Promotion, or engage in any action that may manipulate the Promotion or the accrual of likes on the Post;
        • Disparage us or harm our goodwill or reputation;
        • Breach the security of our systems or identify any security vulnerabilities in them;
        • Impersonate any person or entity, or make any false statement pertaining to your identity; and
        • Engage in any activity that constitutes or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law.

    WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE PROMOTION. WE MAY DISQUALIFY YOU AND TERMINATE YOUR PARTICIPATION UNDER THESE PROMOTION TERMS WITHOUT PRIOR NOTICE AND WITHOUT LIABILITY TO YOU OR THE TEAM, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE PROMOTION.

  • Privacy
    •

    We respect Your privacy. Our Privacy Policy, which is incorporated to these Promotion Terms by reference, explains the privacy practices on the App.

  • INDEMNITY; DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY
    •

    You agree to release, indemnify and hold harmless, us and our employees, affiliates, partners, agents, service providers, advisors, consultants and assignees (collectively, “Staff”) to the maximum extent permitted by applicable law, from and against any and all liability, loss, harm, damage, injury (including emotional distress), cost or expense whatsoever arising from or in connection with your participation in the Promotion, your Reward, your breach or alleged breach of the Promotion Terms or any other rules or guidelines applicable to the Promotion, or your alleged violation or infringement of another persons’ rights, including intellectual property rights, privacy and publicity.

    WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, WITH RESPECT TO THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, OR EXPECTED OUTCOME OR EARNINGS.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE TO YOUR, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF REWARD OPPORTUNITY AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE) CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE PROMOTION, THE POST, NUMBER OF LIKES, THE USE OF, OR THE INABILITY TO PARTICIPATE IN THE PROMOTION, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP OR PROMOTION SYSTEMS, OR FROM ANY DELAYED OR INCOMPLETE REGISTRATIONS, OR FROM ANY COMPUTER OR COMMUNICATION MALFUNCTIONS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSON’S STAFF, OR FROM ANY DENIAL OR DISQUALIFICATION OF YOUR ENTRY OR PARTICIPATION IN THE PROMOTION, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR REGISTRATION. NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE RELEASED FROM OUR LIABILITY TO REMIT TO YOU PAYMENT OF THE REWARD, IF AND TO THE EXTENT YOU ARE ELIGIBLE UNDER THESE PROMOTION TERMS.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROMOTION IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK AND THAT THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.

    YOU HEREBY RELEASE INSTAGRAM FROM ALL CLAIMS BASED ON, RELATED TO, OR ARISING FROM THE PROMOTION.

  • Governing Law; Dispute Resolution
    •

    These Terms, and any dispute, claim or controversy between you and us regarding the Service or these Terms (a “Dispute”), shall be solely governed by the laws of the State of New York without regard to its conflict of law provisions.

    Subject to the exceptions below, any and all Disputes shall be resolved through binding arbitration (rather than in court) by telephone, online or based solely upon written submissions without in-person appearance, administered by the American Arbitration Association (AAA), under its Consumer Arbitration Rules (which are available at www.adr.org). You may however assert your claim in small claims court if your claim qualifies. The Federal Arbitration Act and federal arbitration law apply to these Terms. Judgment on the arbitral award may be entered in any court with competent jurisdiction.

    You and we hereby acknowledge, agree and covenant that any Dispute shall only be adjudicated on an individual basis, and not in class, consolidated or representative proceedings.

    Payment of filing, administration and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. These fees will be shared equally by you and us, unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.

    You may opt-out of the above arbitration clause by emailing us to Support@Nuckees.Com, within 10 days of entering into these Terms for the first time, an opt-out notice that identifies yourself and clearly sets out your choice to opt out of dispute settlement by arbitration. In case of such opt-out, any and all disputes, claims or controversies between you and us regarding these Terms or the use of the App, which are not amicably resolved, shall be subject to the exclusive jurisdiction and venue of the state and federal courts in New York County in the State of New York, USA.

    Notwithstanding anything to the contrary in this section, we may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any of our intellectual property rights, in any court of competent jurisdiction having personal jurisdiction over you.

  • Miscellaneous
    •

    Except as expressly provided in the provisions herein concerning the Reward, you are not entitled to any form of compensation or consideration for your participation in the Promotion. You are exclusively responsible for all costs and expenses associated with your participation in the Promotion. These Promotion Terms constitute the entire agreement regarding the Promotion. You may not assign or delegate the Promotion Terms or any of your rights and obligations hereunder. Any purported assignment, in contravention of the above will be null and void. The section headings in the Promotion Terms are included for convenience only and shall take no part in the interpretation of these Promotion Terms. The terms "Including" or “such as”, whether capitalized or not, means without limitation. If any provision of the Promotion Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

  • Contact us.
    •

    You may contact us with any question or comments you may have regarding the Promotion at Support@Nuckees.Com

    Nuckees – Privacy Policy

    Welcome to Nuckees, a mobile application that allows you to design and order custom hand grips adapted for handheld electronic devices, such as smartphones, tablets and cameras.

    We, at Nuckees Marketing LLC (the “Company”, “we”, “us”, “our”) d/b/a NUCKEES, respect your privacy.

    This Privacy Policy (the “Policy”) explains our privacy practices for our mobile app (the “App”). It describes how we collect personally identifiable information, use it and share it, and the rights and options available to you with respect to your information.

    It is your decision to provide us with your personal information. You are not legally obligated to provide us with this information, but we need it in order to provide you with the App’s functionality.

    This policy is combined into our Terms of Use (the “Terms”), and is a part of them.

    In short…

    The following key points of the Privacy Policy are only brought for your convenience. They are not a substitute for the full Policy.

    1. Information we collect. We collect information you or you actively provide us in the registration and purchase process.
    2. Using the information we collect. We use the information we collect to operate the App and provide you with the Products you purchased.
    3. Sharing the information We collect. We may share your information mainly with our contractors and service providers, strictly for the purpose of helping us with the internal operation of the App and fulfilling your orders.
    4. Aggregated information. We may use the information we collect from you to create de-identified, statistical or aggregated information, and make it available to others for any purpose.
    5. Retention. We retain your information for as long as we deem necessary for the purpose it was first obtained.
    6. Security. We implement measures to reduce the risks of damage and unauthorized access or use of information, but these measures, just like any security measure, cannot provide absolute information security.
    7. Children privacy. You must be 18 years of age or older in order to use the App. We do not knowingly or intentionally collect information about children who are under 13 years of age.
    8. Changes to the Policy. We may change this Policy, in which case we will seek your consent to those changes if they are material.

    Nuckees – Privacy Policy

    INFORMATION WE COLLECT

    Information you actively provide us

    Registration. Only registered users may use the App. You may register using your email address and your name.

    Payment and contact information. When purchasing the products offered through our App ("Products"), you will also be asked to provide your PayPal account information or other payment information, as well as your contact information, and shipping and billing addresses. Payment information is collected and processed by PayPal, not directly by us and is also subject to PayPal’s privacy policy.

    Inquiries. If you contact us for questions or complaints, we will collect the information related to your inquiry. This may include your full name, email address, mobile number and other contact information, depending on the nature of your inquiry.

    Information we automatically collect

    Analytic Information. When you access or use the App as a registered user, we may use third party analytics tools to automatically collect information about your use of the App. This information includes your session durations, the content you accessed on the App, your interactions and user-interface clicks, the frequency and scope of your use of the App.

    Device information. We may collect information about your mobile device, including its model, its operating system, unique device identifiers, browser you use its version and language (i.e. locale) preferences, mobile network information and the Internet Protocol (IP) address through which you accessed the App.

    CHILDREN'S PRIVACY

    The App is not intended for children under the age of 18. We do not knowingly or intentionally collect information about children who are under 13 years of age.

    IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE THE APP IN ANY WAY.

    USING COLLECTED INFORMATION

    We use the information we collect for the following purposes:

    • Providing you the Products you purchased;
    • Operating the App and providing its features and functionalities;
    • Sending you updates and other communications related to the App;
    • Generating statistical and aggregated information about users of the App;
    • Providing you with support, handling complaints and contacting you when we believe it is necessary.
    • Enforcing the Terms and this Policy and preventing misuse of the App.
    • Complying with any applicable law and assisting law enforcement agencies and competent authorities, if we believe it is necessary or justified.
    • Taking any action in any case of dispute involving you, with respect or in relation to the App.

    SHARING INFORMATION COLLECTED

    We may share the information outlined in this Policy, with others, in any of the following instances:

    • With our service providers, suppliers, third-party vendors and partners in order to provide you the Products and operate, maintain and enhance the App. For instance, if you purchased the Product, we will share your physical address to the relevant carrier in order to fulfill your order;
    • If you have breached the Terms, abused your rights to use the App, or violated any applicable law. Your information may be shared with competent authorities and with our councils, if we believe it is necessary or justified;
    • In any case of dispute, or legal proceeding of any kind involving you with respect to the App and our Product;
    • If the operation of the App is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition);

    In any case other than the above, your information will only be shared with others if you provide your explicit prior consent.

    RETAINING AND DELETING COLLECTED INFORMATION
    We retain the information outlined above, for as long as you are using the App. We may delete your information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth above.

    TRANSFER OF DATA OUTSIDE YOUR TERRITORY
    The App, by its nature as an online service, may store and process information in the European Union and in other various locations throughout the globe, including through cloud services. If you are a resident in a jurisdiction where transfer of your personal information to another jurisdiction requires your consent, then you provide your express and unambiguous consent to such cross-border transfer.

    INFORMATION SECURITY
    We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. These measures do not provide absolute information security. Therefore, it is not guaranteed and you cannot expect that the App will be immune from information security risks.

    CALIFORNIA RESIDENTS
    The following disclosure is made pursuant to California Online Privacy Act (CA Civil Code § 22575): When you use our App, other parties, such as Google, may collect personally identifiable information about your activities over time and across different websites or online services.

    CHANGES TO THIS PRIVACY POLICY
    We may change this Policy, in which case we will seek your consent to those changes if they are material. If you do not consent to the amended Policy, we may terminate your account and block your access to, and use of, the App.

    CONTACT US
    You may contact us with any questions or comments, at: Support@Nuckees.Com

    Effective date of the policy: May 1, 2017

     

    Nuckees – Copyright Policy


    Welcome to Nuckees, a mobile application that allows you to design and order custom hand grips adapted for handheld electronic devices, such as smartphones, tablets and cameras (the “Service”).

    The owner and operator of the Service – Nuckees Marketing LLC, a New York corporation ("we", "us" and "our") - respects the intellectual property of others and requests that its users do the same.

    ALLEGED INFRINGEMENT NOTICE
    If you believe that the Service was used to host or cache content that infringes your copyrights, you may send our designated copyright agent (the "Agent") a written notification that includes substantially the following:

    (1) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;

    (2) Identification of the copyrighted work claimed to be infringed, or if copyrighted works are covered by a single notification, a representative list of such elements;

    (3) Identification of the content that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the content, including the exact Service page in which you discovered the allegedly infringing content;

    (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

    (5) A statement that you have a good faith belief that the use of the material, in the manner complained of, is not authorized by the owner of the copyrighted work, its agent, or the law;

    (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed.
    Upon your notification, we may remove or disable access to the content that you claim to be infringing. We may ask you to provide further or supplemental information, prior to removing or disabling access to any content displayed on the Service, as we deem necessary to comply with the law. We may also provide the Service user who submitted the allegedly infringing content, with your contact details, in order for that person to be able to contact you and challenge your claim.

    COUNTER NOTIFICATION
    If we’ve removed or disabled access to content that you submitted, pursuant to a notification of claimed infringement that we received, then you have an opportunity to respond to the notice and takedown by submitting a counter-notification to our Agent. To be effective, your counter notification must be a written communication that includes substantially the following:
    (1) Your physical or electronic signature;

    (2) Identification of the removed content, or of the content to which access has been disabled and the location at which the content appeared before its removal or before access to it was disabled;

    (3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;

    (4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the competent courts in any judicial district in which your address is located or in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
    After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.
    Subject to the applicable law, we may then replace the removed content and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the content on the Service.

    REPEAT INFRINGEMENTS
    We may terminate your user account on the Service if we, at our sole discretion, determine that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose submitted content was removed from the Service more than twice.
    We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases, we may terminate your account immediately.

    AGENT DETAILS
    Our Agent can be reached at Support@Nuckees.Com

    MISREPRESENTATIONS
    Any person who knowingly misrepresents that: (1) certain content is infringing, or (2) certain content was removed or disabled by mistake or misidentification – may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the content claimed to be infringing.

    Last updated: May 1, 2018