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The following key points of this User Agreement are only brought for your convenience. These key points do not substitute the full User Agreement.
Welcome to Nuckees™, a mobile application (the "App or Website") that allows you to design and order custom hand grips adapted for handheld electronic devices, such as smartphones, tablets and cameras. In addition, Nuckees™ offers its products for sale on its proprietary website platform.
The App or Website 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 or Website.
By accessing or using the App or Website or purchasing our designed hand grips offered for sale on the App or Website and website, you signify your acceptance of these Terms.
If you do not agree to these Terms, you may not access the App or Website or use it in any manner.
About the App or Website
Informative content on the App or Website. The App or Website provides content and information about Nuckees™ and its unique custom-designed hand grips (the “Products” or "Nuckees™"). The App or Website's content is presented for informative purposes only. Some sections of the App or Website 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 or Website also allows users to design their own Nuckees™, order the custom-designed Nuckees™ and receive a lifetime replacement warranty, subject to changes and excluding cost of shipping, from the Company. In order to design your own Nuckees™, you may upload to the App or Website, if available, 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, art works, graphics, prints and any other content (collectively "Content") which you don’t own the rights to. The company, at its sole discretion, will approve or disapprove images uploaded.
THAT MEANS YOU CAN’T UPLAOD COPYRIGHT PROTECTED PHOTOGRAPHS, DRAWINGS, ART WORKS, GRAPHICS, PRINTS AND ANY OTHER CONTENT WHICH YOU DON’T OWN ALL THE RIGHTS TO.
License. By uploading Content to the App or Website, 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 OR WEBSITE, YOU REPRESENT AND WARRANT THAT -
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 or Website, 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 or Website 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 or Website, 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 or Website 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 methods. We accept payments through PayPal and credit cards. 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.
We ship in the United States only. We will deliver the purchased Products to a valid United States Postal Address within a reasonable time after we complete processing your 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 or Website
You may access, use and upload content to the App and use features provided through the App or Website.
While using the App or Website, you agree to refrain from –
The Company may, but is under no duty to, review content that was uploaded to the App or Website 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 OR WEBSITE. 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 OR WEBSITE.
Company Lifetime Product Warranty
The Company warrants each Product you purchased through the App or Website against any defects and physical damages, for an unlimited period of time. Users will be responsible for cost of shipping.
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 or Website, you declare to us that you have obtained it. If you are under the age of 13 you may not use the App or Website in any way.
All rights, title and interest in and to the App or Website, 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 or Website, 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 or Website
We respect the intellectual property rights of others. Requests to remove content that purportedly infringes or violates third party copyrights, from the App or Website, 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.
We may incorporate in the App or Website 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 or Website) we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company or any of the App or Website's users does not constitute a recommendation or encouragement to procure the goods or services advertised.
We may, at any time and without prior notice change the layout, design, scope, features or availability of the App or Website.
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 or Website 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 OR WEBSITE, 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 OR WEBSITE, 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 OR WEBSITE, 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 OR WEBSITE, 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 OR WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS OR ERRORS IN THE APP OR WEBSITE 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, SUB-CONTRACTORS 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 OR WEBSITE, 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 COMMPANY 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 OR WEBSITE, 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.
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 or Website 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 or Website, 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 or Website is terminated and you must immediately cease using the App or Website. We will not be liable to you for termination of access to the App or Website. However, any rights or assignments granted or made to us with respect to Content, shall indefinitely survive.
Your use of the App or Website may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App or Website, such as iTunes for iOS and Google Play or Amazon App or Website-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App or Website.
The following terms apply if you downloaded an App or Website from Apple's App or Website 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 or Website. In the event of a conflict between these Terms and the App or Website Store Terms of Service then the App or Website Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App or Website is limited to a non-transferrable license to use the App or Website on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App or Website Store Terms of Service, except that such App or Website 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 or Website.
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 or Website to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App or Website, 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 Website or your possession and/or use of the App or Website, including (i) product liability claims, (ii) any claim that the App or Website 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 Website or your possession and use of the App or Website 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 or Website (e.g. you must not be in violation of your wireless data Services agreement when you use the App or Website).
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 or Website from, these Terms and your use of the App or Website 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 or Website, 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 or Website, 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.
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.
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