nikishop.net makes no representations or warranties about the content, content filtering, accuracy, timeliness,
reliability, suitability or any other aspect of this Site or any content on or accessed through this Site for
any purpose, all of which is provided ?as is? and ?as available? without any warranty of any kind, including but
not limited to, any warranties of search result advertisments and third party website content. You assume total
responsibility and risk for your use of the Site.
nikishop.net is a website subject to your compliance with the terms and conditions set out below.
Please read this document carefully before accessing or using the Site. By accessing or using the Site, you
agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and
conditions, you may not access or use the Site. We may modify this disclaimer at any time. You agree to review
the disclaimer periodically to be aware of such modifications and your continued access or use of the Site is
deemed your conclusive acceptance of the modified disclaimer.
1. Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site
any aspect of the Site at any time. nikishop.net may also, without notice or liability, impose limits on certain
features and services or restrict your access to all or portions of the Site. You shall have no rights to the
proprietary software and related documentation, if any, provided to you in order to access the Site. Except as
lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works
from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software)
in whole or in part.
2. Violation of Terms of Service
You understand and agree that in nikishop.net?s sole discretion, and without prior notice, nikishop.net may terminate your
access to the Site/nikishop.net Pro, or exercise any other remedy available and remove any unauthorized user
information, if nikishop.net believes that the information you provide has violated or is inconsistent with these Terms
of Use, or violates the rights of nikishop.net, or any third party, or violates the law. You agree that monetary
injunctive or other equitable relief for such violations. nikishop.net may release user information about you if
required by law or subpoena.
During the registration process you will be provided a unique password for access to certain portions of the Site.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for
all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are
the customer who registered for the services; (ii) that you are using the services only for permitted purposes;
(iii) you are not a competitor of nikishop.net?s, or agent thereof; (iv) you will immediately notify us of any
unauthorized use of the password or account or any other breach of security. Please notify [email protected] of any
potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that during the registration process: (i) you agree to receive nikishop.net account
information, membership updates, product updates, receipts and promotions via e-mail. nikishop.net does not share or
sell any personal information with third parties.
4. License Granted by You
By providing content or information to us, including by submitting or uploading content or materials for use on the
Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly
granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of
the content and materials provided by you. We may publish and distribute any such submitted content or materials at
our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and
have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in
any communication, content or material submitted to us. Any communication or materials you send to us will be
treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including,
but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these
advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on
the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any
advertiser or sponsor.
5. No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of
any kind. You must obtain nikishop.net?s prior written consent to make commercial offers of any kind on the Site,
whether by advertising, solicitations, links, or any other form of communication. nikishop.net will investigate and
take appropriate legal action against anyone who violates this provision, including without limitation, removing the
offending communication from the Site and barring such violators from use of the Site.
6. Links and Search Results
The Site contains links to sites operated by third parties throughout the World Wide Web. nikishop.net has no control
over these sites or the content within them. nikishop.net does not guarantee, represent or warrant that the content
contained in any third party sites is accurate, legal and/or inoffensive. nikishop.net does not endorse the content of
any third party site, nor does it make any representation or warranty about these sites, including that they will
not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you
agree and understand that you may not make any claim against nikishop.net for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with
a link from the Site, you may notify us at [email protected]
You acknowledge that all content and materials available on this Site are protected by national and international
copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other
proprietary rights and laws and are owned by nikishop.net or our licensors. Except where otherwise noted, you may
download, print or view individual pages for noncommercial use, provided you do not delete or change any of the
information, including copyright or trademark notices. You may only use the Site or its contents as expressly
ownership of all data, material and other information regarding your use of the Site. Except as we may expressly
authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site.
Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database or directory without our written permission is prohibited. Unless otherwise
indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under
license by nikishop.net. The use or misuse of any of these materials is strictly prohibited.
7. Representations By You
By visiting the Site, you represent, warrant and covenant that: (a) you are at least 18 years old; (b) that all
materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or
infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy,
patent, or other personal or proprietary rights, (c) that, you consent to your child?s use of the nikishop.net Site.
8. Use of nikishop.net
The Site and its content are made available COMPLETELY "AS IS". You, the user, are responsible for compliance with
all applicable laws and regulations. nikishop.net and its affiliates, partners, principals, employees, agents and
representatives (collectively, its ?Representatives?) make no representations or warranties about the content,
content filtering, accuracy, timeliness, reliability, suitability or any other aspect of this Site or any content on
or accessed through this Site for any purpose, all of which is provided ?as is? and ?as available? without any
warranty of any kind, including but not limited to, any warranties of search result advertisments and third party
website content. You assume total responsibility and risk for your use of the Site.
In making this Site available, no client, advisory, fiduciary or professional relationship is implicated or
established between you and Us. You should not act or rely on the information contained in any of the materials on
this Site without seeking the advice of a qualified professional.
9. Limitation of Liability
Links and advertisments on this Site may lead to servers maintained by individuals or organizations other than us.
We make no representations or warranties regarding the accuracy, timeliness, suitability or any other aspect of the
information located on such servers and neither monitors nor endorses such servers or content. We disclaim all
responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any
way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical
inaccuracies and typographical errors, (b) any third party websites or their content directly or indirectly accessed
through links in this Site, including but not limited to any errors in or omissions from those Sites, (c) the
unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or
software in connection with this Site. IN NO EVENT SHALL We OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED
TO LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF We OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL nikishop.net'S LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH
PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE
AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE,
OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
NEITHER nikishop.net, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS
ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU
WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL nikishop.net, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR
FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold nikishop.net, and our subsidiary and other affiliated companies, and their
employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including
attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with us in asserting any available defenses.
Refund and Cancellation Policy
When and if applicable, you will pay all fees or charges to your account based on nikishop.net?s fees, charges, and
billing terms in effect as shown under Subscriptions in your PayPal account. You are responsible for paying any
taxes that may apply. If you do not pay on time or if nikishop.net cannot charge your credit card, PayPal or other
payment method for any reason, nikishop.net reserves the right to either suspend or terminate your access to the Site
and account and terminate these Terms. If you cancel your account at any time, you will not receive any refund. By
using the Site and/or the Services, you consent to receiving electronic communications from nikishop.net. These
electronic communications may include notices about applicable fees and charges, transactional information and other
information concerning or related to the Site and/or Services. These electronic communications are part of your
relationship with nikishop.net. You agree that any notices, agreements, disclosures or other communications that we
send you electronically will satisfy any legal communication requirements, including that such communications be in
11. International Useb
By choosing to access the Site from any location other than the United States, you accept full responsibility for
compliance with all local laws that are applicable. nikishop.net makes no representation that materials on the Site are
appropriate or available for use in locations outside the United States, and accessing them from territories where
their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in
violation of any applicable laws or regulations, including, but not limited to, any United States export laws and
Choice of Law
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced
solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts
of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or
the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
Integration and Severability
all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of
force and effect.
12. Changes to nikishop.net's Legal Disclaimer
Please note that this Legal Disclaimer may change from time to time. We expect most such changes will be minor. We
will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent
notice. Each version of this Policy will be identified at the top of the page by its effective date.
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms
14. More information
If you have additional questions regarding this legal disclamer and nikishop.net, please contact us
. Please note that we will not respond to inquiries not
related to nikishop.net's Legal Disclamer.