The Nukeproofs Terms of Service and Privacy Policy

1. Terms

By accessing the website at http://www.thenukeproofs.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on The Nukeproofs's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on The Nukeproofs's website;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or "mirror" the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Nukeproofs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on The Nukeproofs's website are provided on an 'as is' basis. The Nukeproofs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, The NukeProofs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall The Nukeproofs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Nukeproofs's website, even if The Nukeproofs or a NukeProofs, The authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on The Nukeproofs's website could include technical, typographical, or photographic errors. The Nukeproofs does not warrant that any of the materials on its website are accurate, complete or current. The Nukeproofs may make changes to the materials contained on its website at any time without notice. However, The Nukeproofs does not make any commitment to update the materials.

6. Links

The Nukeproofs has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The NukeProofs of the site. Use of any such linked website is at the user's own risk.

7. Modifications

The Nukeproofs may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Products 

All rights in any products available through the site, such as music, images (e.g., screen savers), video, artwork, text, software and other copyrightable materials (collectively, the “Products”) are owned by us, our affiliates and/or our (or their) licensors.  If a separate agreement provided by us or an affiliate governs a particular Transaction (as defined in Section 10 below) or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such transaction or use.  Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, our Affiliates and/or our licensors, you have a limited right to use those Products that you purchase or access through the Site solely for your personal, non-commercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others.  Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product.  You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below.  Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to this Agreement.

10. Purchases 

If you wish to purchase any Products made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information.  BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.  By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any Transaction. 

Descriptions and images of, and references to, Products on the Site do not imply our endorsement of such Products.  Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product.  Price and availability of any Product offered through the Site are subject to change without notice.  In the event that a Product is listed at an incorrect price or with other incorrect information, we have the right to refuse or cancel any Transaction for such Product.  You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads.  In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).

Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement.  We or our third-party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link.  We or our third-party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

11. Product Delivery

Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice.  On occasion, technical and other problems may delay or prevent delivery of a particular Product.  Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion. 

12. Usage Restrictions for Products 

All Products you purchase, obtain or access on or through the Site are solely for your personal, non-commercial use.  Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, rebroadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software.  Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products.  You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet.  Unless expressly permitted by us (e.g., a “Create Your Own Video” contest offered on the Site), you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video).  You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services.  You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products. 

Privacy Policy

Your privacy is important to us.

It is The Nukeproofs's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.

  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

  • We will only retain personal information for as long as necessary for the fulfillment of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. The Nukeproofs may change this privacy policy from time to time at The Nukeproofs's sole discretion.

Last updated: Friday, September 20, 2019

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