If you have any questions about these terms, contact us at email@example.com .
Use of Site/General Purchase Terms
1. Acceptance of Terms. By using the Site, you agree to the terms and conditions in this Agreement between you and IndieNuggets. You must accept the Terms, in full, before using the Site. You can accept the Terms in one of three ways: (a) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on the Site; (b) by actually using the Site; and/or, (c) by making purchases of IndieNuggets products, including any subscriptions services. BY USING THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE, AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).
4. Accounts. If you wish to purchase a Subscription Service or a product through the Site, you will be given the option to create a user account. Such account will keep track of your purchases, subscriptions, and account information.
5. Passwords. To create an account, you will be required to choose a unique username and strong passwords. IndieNuggets is not responsible for inappropriate sharing of logins and passwords and further, sharing of login information may result in termination of your use of the Site.
7. Disputes. You agree to submit any disputes regarding any charge to your account in writing to IndieNuggets within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
8. Shipping. When you place an order on our Site, we will ship your order to the address designated by you as long as that shipping address can accept packages. We may require verification of information prior to the acceptance of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer.
9. Returns. All purchases made through the Site are final unless otherwise stated.
10. Risk of Loss. All products purchased on our Site are made pursuant to a shipping contract. This means that the risk of loss for all items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
11. Products Descriptions. In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. We apologize for any inconvenience.
12. Modifications. Any Products offered on our Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you, provided that any then-in-effect Subscription Services will be billed at the then-in-effect monthly rate until such time as the Subscription Service renews.
13. Subscription Services. IndieNuggets offers two subscription types (collectively, “Subscription Services”): monthly subscriptions that are billed monthly (“Monthly Billable Subscriptions”) and annual prepaid subscriptions (“Annual Prepaid Subscriptions”).
14. Monthly Billable Subscriptions. By purchasing a Monthly Billable Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. To cancel your Monthly Billable Subscription at any time, you must logon to your account and follow the cancellation procedures or call or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term and you will be billed for the full then-current term. IndieNuggets may submit monthly charges without further authorization from you until you provide notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before IndieNuggets reasonably could act on any such notice, which is typically three business day. Should your billing method fail at any time, your monthly subscription will be suspended until your billing information is updated.
15. Prepaid Subscriptions. By purchasing an Annual Prepaid Subscriptions, you acknowledge that your subscription has an initial pre-payment feature for twelve months of service. At the end of the term, your subscription will be automatically extended for another year for Annual Prepaid Subscriptions. Your payment method will automatically be charged for each successive term at the then-current subscription rate for the Annual Prepaid Subscription. You may only cancel any additional terms during the first month of then-in-effect additional subscription term. You agree and acknowledge that should you cancel in the first month, the price for the first month may be deducted from any refund to you.
16. Downloads. For all downloadable products, you will be given the option to download the product up to five times. After five downloads, you must repurchase the product to enable further downloads. By downloading products, you agree and acknowledge that the use of the product is personal to you and that you cannot share the products with any other individual.
User and Third Party Content/Communications
17. User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted IndieNuggets a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant IndieNuggets the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that IndieNuggets shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
19. User Content. When submitting User Communications to or otherwise using the Site, you agree not to, without limitation: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (e) post anything that exploits children or minors or that depicts cruelty to animals; (f) post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; (g) post any person's name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian); (h) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; (i) use any robot, spider, scraper or other automated means to access the Site; (j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and/or (k) alter the opinions, goals, profiles or comments posted by others on the Site. This list of prohibitions provides examples and is not complete or exclusive. IndieNuggets reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any User Communications; with or without cause and with or without notice, for any reason or no reason, or for any action that IndieNuggets determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. IndieNuggets may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at IndieNuggets' discretion, IndieNuggets will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
20. Third Party User Communications. IndieNuggets takes no responsibility and assumes no liability for any User Communications posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of products and reviews, IndieNuggets is only a forum and is not liable for any statements, representations, or User Communications provided by its users in any public forum or personal home page. These prohibitions do not require IndieNuggets to monitor, police, or remove any User Communications or other information submitted by you or any other user.
21. Links to Third Party Websites. The Site may contain links to websites and other resources operated by third parties other than IndieNuggets. Such links are provided solely as a convenience to you. IndieNuggets does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
22. PRODUCT LIABILITY. IN NO EVENT WILL INDIENUGGETS BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH, INCLUDING YOUR FINANCIAL HEALTH, OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS INDIENUGGETS FOR ANY INJURIES CAUSED BY THE USE OF SUCH PRODUCTS.
24. LIMITATION OF LIABILITY. INDIENUGGETS AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
Intellectual Property Information
25. Ownership of the Site, Content, and Trademarks. The Site is owned and controlled by IndieNuggets and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by IndieNuggets. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from IndieNuggets unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. IndieNuggets also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. IndieNuggets does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of IndieNuggets and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.
26. Trademark. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered including, but not limited to, IndieNuggets , IndieNuggets.com, IndieNuggets, and our logo (collectively the "Marks") that appear on the Site are proprietary to IndieNuggets or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of IndieNuggets, and you may not remove or otherwise modify any trademark notices from any Content. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of IndieNuggets or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IndieNuggets.
27. Copyright, Trademark, and Intellectual Property Complaints. IndieNuggets respects the intellectual property rights of others. We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When IndieNuggets receives proper Notification of Alleged Copyright Infringement, IndieNuggets promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at firstname.lastname@example.org for more information on how to report infringement of your copyright. IndieNuggets may, at its sole discretion, terminate any Users who are deemed by IndieNuggets to be have committed copyright infringement, whether or not there is any repeat infringement.
28. Termination of Agreement. IndieNuggets may terminate this Agreement at any time. Without limiting the foregoing, IndieNuggets shall have the right to immediately terminate your use of this Site in the event of any conduct by you that IndieNuggets, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
29. Termination of Use of Site if Under 13. IndieNuggets may terminate your use of the Site, delete any content or information that you have posted on the Site, refuse any orders, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service.
30. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
32. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
33. Severability. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
35. Indemnity. You agree to indemnify and hold IndieNuggets, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
36. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing.
37. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
38. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
39. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in this Agreement.
40. Electronic Communications. You consent to receive electronic communications from IndieNuggets either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.