Nuinx Terms and Conditions of Use
You are welcome to the Nuinx.com website (the “Website”, “nuinx”, or “Nuinx.com”). The Website is designed to expose and sell product, and to encourage accepting the other through Nuinx topics (the “Service”). The Website is owned by its sole creator amir cohen, (“Nuinx”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
Acceptance of Terms. This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our Website) or you are a "Customer" (which means that you have ordered a product and fully paid on our Website as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
Prohibited Conduct. You agree not to use the Service to post or otherwise transmit information, data, text, images, files, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
collects, stores or solicits personal information;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users and Costumers;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
disrupts, overburdens or otherwise interferes with the Site, the Services, or the networks or servers;
impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
contains a virus or other harmful component.
Submissions to the Website. The Website may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features ("Interactive Area(s)"). You acknowledge that the Website and the Interactive Areas are public and do not provide for private communications; therefore, any information or content you post to the Website may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information on the Website. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, Nuinx specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
Responsibility for Content. You, and not Nuinx, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Nuinx does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Nuinx be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Rejection/Removal of Content. You acknowledge that Nuinx may or may not pre-screen Content posted on our Website, but that Nuinx shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Nuinx shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Nuinx, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Nuinx.
Preservation/Disclosure. You acknowledge, consent and agree that Nuinx may access, preserve and disclose your private and non-private information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Nuinx, its website visitors, costumers and the public.
Security Components. You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Nuinx and/or content providers who provide content to Nuinx. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
Non-commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved by Nuinx. Unauthorized framing of or linking to our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Costumers Content without notice and may result in termination of use.
License to Your Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Website or the Service, you hereby grant to Nuinx a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us via email to request the removal of certain Content you have posted, but Nuinx has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on Nuinx's servers after the Content appears to have been removed from our Website, and Nuinx retains the rights to all such remaining copies. If you wish to keep any Content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, Nuinx or the Site. You agree that in the event Nuinx receives any royalties, compensation or other payments associated with exercising the rights granted to it under the license granted in this provision, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that Nuinx may, in its sole discretion, use any Content for which it has a license in a manner that may link to, refer to or reference your name, such as use of your Content on the Website or an affiliated or partner website. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Website Content. All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Website may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Nuinx shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Nuinx reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Website, and to the products and packages described on the Website, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. You acknowledge that you may not rely on any content on the Website. Nuinx does not endorse or represent the reliability, accuracy or quality of any information, or non-Nuinx goods, services or products displayed or advertised on the Website. We make no representations or warranties, express or implied, with respect to the information provided on this Website.
Digital Items. Digital items (like mockups, templates, images, artworks, logo, emblem and other design assets) and their intellectual property rights belong exclusively to Nuinx and its sole creator Amir Cohen. Digital items and any results may only be used with our written authorization in connection with the advertising, promoting, offering and sale of Nuinx’s Products and may not be used for other purposes or in conjunction with products from other manufacturers and/or any other brand.
Nuinx and Third Party Intellectual Property. Our Website contains Content of Nuinx ("Nuinx Content"), and Content of third party licensors to Nuinx (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Nuinx owns and retains all rights, title and interest in the Nuinx Content. Those portions of the Site and the Services owned by Nuinx are the copyright of Nuinx. All rights reserved. You agree that all of Nuinx's trademarks, trade names, service marks, logos, product names, and service names are trademarks and are property of Nuinx (the "Nuinx Marks"). You agree not to display or use in any manner the Nuinx Marks, without the express prior permission of Nuinx. Nuinx hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Nuinx Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Nuinx does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in our Website does not imply Nuinx endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Privacy Policy. Nuinx respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our “Privacy Policy”. The Privacy Policy is expressly incorporated into this Agreement by this reference.
Notice And Procedure For Copyright Infringement Claim. Nuinx reserves the right, but not the obligation, to terminate your right to use the Website if Nuinx determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Nuinx accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, Nuinx has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Nuinx respects the intellectual property of others, and we ask our users to do the same. Nuinx’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Nuinx to delete, edit, or disable the material in question, you must provide Nuinx with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nuinx to locate the material; (d) information reasonably sufficient to permit Nuinx to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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 an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Nuinx by e-mail.
Disclaimer of Warranties. Nuinx is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong.
You expressly understand and agree that: YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUINX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH THEY ARE LINKED.
NUINX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (VI) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUINX OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation on Liability. To the fullest extent permitted by applicable laws, in no event will Nuinx, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the Service, the Website or any website with which they are linked, even if Nuinx has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Nuinx's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Nuinx for the Services. Otherwise, if you are dissatisfied with any portion of the Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website. Without limiting the generality of the foregoing, Nuinx will not be liable for:
the contents of any communication, message, or information posted by you or other third parties;
the content of any website not controlled, owned, or operated by Nuinx that is accessed from or linked to this Website;
the content, services or information provided by any website purporting to be operated by Nuinx or its affiliates, but not actually affiliated with, controlled, owned, or operated by Nuinx; and
any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You further specifically acknowledge that Nuinx is not liable, and you agree not to seek to hold Nuinx liable, for the conduct of third parties, including other users of the Services and operators of external websites and that the risk of use of the Services and external websites and of injury from the foregoing, rests entirely with you.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
Indemnity. You agree to indemnify, defend, and hold harmless Nuinx, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Nuinx will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Nuinx and governs your use of the Website and Service, superseding any prior agreements between you and Nuinx with respect to the Website and Service.
Choice of Law and Forum. This Agreement and the relationship between you and Nuinx shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You and Nuinx agree to submit to the personal and exclusive jurisdiction of the courts located within Tel Aviv, Israel.
Waiver and Severability of Terms. The failure of Nuinx to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
If you like to ask us. If you have any questions regarding this Agreement, please contact us by email; office@nuinx.com.
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Description of products. We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged, obviously they won't be shipped out to you (Customer), however they can still be used for charitable purposes. Nuinx reserves the right to donate all damaged items with full or partial designs to charity.
Purchase of products. Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
Nuinx shall under no circumstances be held liable for any special losses due to specific circumstances of you (“Visitor”, “Customer”), indirect or consequential losses, or wasted expenditure.
Orders are placed and received exclusively via the Nuinx Website. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Nuinx will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Nuinx via email, and provide detailed information.
Payments and fees. Nuinx (and/or third parties that perform services or functions on our behalf) may save your credit or debit card information and any other payment method and use it for all future shipments and charges, which will automatically be charged to the saved card, unless you notify Nuinx through the Site. When you order a Product, or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the "confirm" button. You will then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder and or other payment method or have the cardholder's express permission to utilize the card to effect payment. If you have used another person's card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse Nuinx for its losses, which consist of fulfillment costs and chargeback handling fees ($45 USD per chargeback).
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Enjoy free shipping worldwide.
