Conditions of Use

 

 

Luv n’ care Website Terms of Use

Thank you for visiting our website and welcome to Nuby.com!  Luv n’ care, Ltd., and its affiliates (LNC) own and operate the LNC website located at www.nuby.com, and all associated sites linked to www.nuby.com by LNC and websites owned and/or controlled by LNC, including such LNC sites around the world (collectively, the “Site”).  LNC may also provide features and other products and services to you when you visit or shop at the Site, use LNC products or services, use LNC applications for mobile, or use software provided by LNC in connection with any of the foregoing (collectively “Nuby Products”).  The Site and its Content is the property of LNC and its licensors. 

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE

IF YOU DO NOT AGREE, DO NOT USE THE SITE

IMPORTANT! THESE TERMS OF USE GOVERN AND CONTROL YOUR USE OF THE SITE. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY LNC AT ANY TIME AND IN ITS SOLE DISCRETION. YOUR CONTINUED AND FURTHER USE OF THE SITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO THE TERMS OF USE INCLUDING SUCH CHANGES AS ARE IMPLEMENTED BY LNC FROM TIME TO TIME IN ITS SOLE AND EXCLUSIVE DISCRETION.  YOUR USE OF THE SITE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF ANY SUCH CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE OF THE SITE FOR ANY CHANGES TO THESE TERMS OF USE.  AS LONG AS YOU COMPLY WITH THESE TERMS OF USE, LNC GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE SITE.

 

LNC's Website Access:

YOU MUST HAVE ATTAINED THE AGE OF THIRTEEN (13) YEARS TO ACCESS THE SITE. IF YOU ARE UNDER THIRTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THE SITE, NO INFORMATION OBTAINED BY THE SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, and complete. If LNC believes the information you provide is not correct, current, or complete, LNC has the right to refuse you access to the Site or any of its resources, and to terminate and/or suspend your access at any time without further notice.

 

Use and Restrictions

You may use the Site solely for the purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without LNC's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of LNC. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or Content accessible within the Site. You must agree to cooperate with LNC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation to the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  LNC reserves the right to bar any such activity.  You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any LNC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of LNC, including any LNC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LNC’s systems or networks, or any systems or networks connected to the Site or to LNC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LNC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of LNC or others.

LNC’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. To view LNC’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Proprietary Information

The material and Content (hereinafter referred to as the "Content") accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by LNC is the proprietary information of LNC or LNC’s licensor, and LNC and its licensor retain all right, title, and interest in the Content. Accordingly, the Content may not be copied, modified, used, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of LNC or its licensor, or unless the Content has been previously authorized in writing elsewhere on the Site, except that you may print out a copy of the Content solely for your personal use and reference. In doing so, you may not remove or alter, or cause to be removed or altered, any patent, copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the Terms of Use is a violation of LNC's intellectual property rights. Neither title to any Content nor intellectual property rights to any Content are transferred to you by access to the Site.

Images of people or places displayed on the Site are either the property of, or used with permission by, LNC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

 

Hyper-Links

The Site may be hyper-linked to other sites which are not maintained by, or related to, LNC. Hyper-links to such other sites are provided as a service to users and may not be sponsored by or affiliated with the Site or LNC. LNC has not reviewed any or all of such other sites and will not be held responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and LNC makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by LNC of such other site.

 

Submissions

You hereby grant to LNC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to LNC through the Site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. LNC will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future LNC operations. LNC will treat any personal information that you submit through the Site in accordance with its Privacy Policy as set forth on the Site.

 

Disclaimer

LNC attempts to be as accurate as possible.  However, LNC does not warrant that product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free.

By use of the Site, you acknowledge and understand that LNC cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses, worms, Trojan viruses or other malicious code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. LNC does not assume any responsibility or risk for your use of the Internet, nor any information that you download from The Site.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by LNC. All users and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using the Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

LNC administers and operates the Site from its location in Monroe, Louisiana USA; other LNC sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. LNC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with all applicable local laws.

YOUR USE OF THE SITE IS AT YOUR OWN RISK

The Content is provided “As Is”; and without warranties of any kind, either expressed or implied. LNC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. LNC does not warrant that the functions or content contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. LNC does not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and LNC may make changes or improvements at any time. You, and not LNC, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the Site or its Content. LNC makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such Content.

All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and LNC does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

 

Limited Liability Disclosure

LNC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LNC AND ITS SUBSIDIARIES, AFFILIATES, 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 GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO LNC FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

Indemnity

You will indemnify and hold LNC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach by you of these Terms of Use, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

Trademarks

The registered and unregistered trademarks, service marks, and logos (collectively “Trademarks”) appearing or displayed on the Site are the property of LNC, its Licensors or such other party that provided or authorized LNC’s use of the Trademarks. LNC and any party that provided or authorized LNC’s use of the Trademarks retain all rights with respect to any of their respective Trademarks appearing or displayed on the Site.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that LNC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 

 

Information You Provide

You may not post, send, submit, publish, or transmit in connection with the Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to the Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property right or other right of any entity or person, including violating anyone's patents, copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above. 

 

Although under no obligation to do so, LNC reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these Terms of Use, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither LNC nor any third party that provides Content to LNC will assume or have any liability for any action or inaction by LNC or such third party with respect to any submission.

 

Security

Any passwords used for the Site are for individual use only. You will be responsible for the security of your password (if any). LNC will be entitled to monitor your password and, at its sole discretion, require you to change your password. If you use a password that LNC considers insecure or inappropriate, LNC will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, LNC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. LNC reserves the right to investigate suspected violations of these Terms of Use. LNC reserves the right to fully cooperate with any and all law enforcement authorities or court orders requesting or directing LNC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS LNC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LNC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LNC OR LAW ENFORCEMENT AUTHORITIES.

 

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Louisiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Louisiana in connection with any dispute between you and LNC arising out of the Site or these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Monroe, Louisiana. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. LNC may revise these Terms of Use at any time by updating this posting.

 

 

Last updated: 31 May 2016