Terms Of Use
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the Nyko Web Site (the "Web Site") provided by Nyko Technologies, Inc. (the "Company"). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: November 25, 2003.
Permitted Use
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized co-branding, framing or linking to immediately cease.
Proprietary Information
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Disclaimer
User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.
The Company expressly disclaims any and all warranties with respect to any Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Limitation On Liability
The Company, its licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.
Indemnity
User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Forums
Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User will not post any of the following material in any Forum:
- material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
- material for which User does not have the right to post, including the proprietary material of any third party;
- material which advocates illegal activity or discusses an intent to commit an illegal act;
- material for advertising or commercial solicitation;
- material which is vulgar, obscene, pornographic, or indecent; or
- material which does not pertain directly to the subject matter of the particular forum.
The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.
Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
Miscellaneous
a. Arbitration. Any controversy or claim arising out of, or relating to, these Terms and Conditions, or the making, performance or interpretation thereof, shall be settled by arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The parties further agree that a restraining order, injunction, writ of possession and/or writ of attachment may be applied for from a court of competent jurisdiction by any party pending resolution of the dispute. The arbitrators selected shall be persons experienced in negotiating, making and consummating agreements of the type of these Terms and Conditions.
b. Applicable Law. These Terms and Conditions shall, in all respects, be governed by the laws of the State of California applicable to agreements executed and to be wholly performed within California.
c. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation, the latter shall prevail; but the provision of these Terms and Conditions which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
d. Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder to carry out the intent of the parties hereto.
e. Successors and Assigns. All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns.
f. Entire Agreement. These Terms and Conditions constitutes the entire understanding and agreement of the parties with respect to its subject matter and any and all prior agreements, understandings or representations with respect to its subject matter are hereby terminated and cancelled in their entirety and are of no further force or effect.
g. Non-Waiver. No waiver by any party hereto of a breach of any provision of these Terms and Conditions shall constitute a waiver of any preceding or succeeding breach of the same or any other provision hereof.
h. Number and Gender. In these Terms and Conditions, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so requires.
i. Captions. The captions appearing at the commencement of the sections hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the section at the head of which it appears, the section and not such caption shall control and govern in the construction of these Terms and Conditions.
j. Parties in Interest. Nothing in these Terms and Conditions, whether express or implied, is intended to confer any rights or remedies under or by reason of these Terms and Conditions on any persons other than the parties and their respective successors and assigns, nor is anything in these Terms and Conditions intended to relieve or discharge the obligation or liability of any third persons to any party to these Terms and Conditions, nor shall any provision give any third person any right of subrogation or action over or against any party to these Terms and Conditions.
Privacy and Online Data Collection Notice
Effective November 25, 2003
1. Our Commitment to Privacy.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
2. The Information We Collect.
This notice applies to all information collected or submitted on the Nyko web site. On some pages, make requests, and register to receive materials. The types of personal information collected at these pages are:
Name
Address
Zip code
E-mail address
On some pages, you can submit information about other people. For example, if you want to forward information about Nyko products to another person, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:
Name
E-mail address
Technical information we collect
We collect certain technical information to insure that our site is working properly. For example, when you are browsing, we use your IP address to help diagnose problems with our servers and to help administer our Web site.
Your IP address is also used at times to help identify you as you browse and to assist Nyko in gathering broad technical and demographic information on who uses our site. We may provide third parties with statistics about our users, traffic patterns and related site information. This data is collected from millions of user visits to our site each month and does not contain any personally identifiable information.
Cookies are used to help make your use of our site more enjoyable. Nyko creates these cookie files on your hard drive through your browser and uses them to save information so you can avoid re-entry of certain information each time you visit our site. Cookies also help us to deliver content specific to your interests. You may decline our cookies if your web browser software permits, although this may prevent you from accessing certain features on our site.
Nyko uses cookies to reference the technical information described above but does not use cookies to retrieve personal information about you from your computer.
3. The Way We Use Information.
We use the information you provide about yourself to better understand our customers and their interests. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else only to forward product information to that person. We do not share this information with outside parties except to the extent necessary to forward the information.
- We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
- You can register with our web site if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our web site will not be used for this purpose unless you fill out the registration form.
- We use non-identifying and aggregate information to better design our web site and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our web site, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
- Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
4. Our Commitment to Data Security.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
5. Our Commitment to Children's Privacy.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our web site from those we actually know are under 13, and no part of our web site is structured to attract anyone under 13.
6. Changes to this Privacy Statement
We may modify this Privacy Policy at any time by posting a prominent notice of the material changes on our site's homepage. The material changes shall automatically be effective on the date they are posted on our site.
7. How to Contact Us.
Should you have other questions or concerns about these privacy policies, please call us at [310-446-6602] or send us an e-mail at [customerservice@nyko.com]. If you want to opt-out of receiving any communications from us, or to ask us not to share any information with other parties, you may do so by sending an email to info@nyko.com, but please note that it may take up to 30 days for this change to become effective.