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Terms & Conditions

Terms of use

No It's Knot
Last Updated on March 9, 2015

The No It's Knot, Inc. websites are operated by No It's Knot, Inc. or its affiliated companies or subsidiaries (collectively the “Sites” and collectively “NIK” or “us” or “we”). These Terms of Use and any additional terms or conditions that we post on the Site from time-to-time (“Terms of Use”) set forth the terms and conditions under which you may enter and use the Site and any services available on the Site which may include but are not limited to the following: the ability to purchase products through an online store or the ability to create a user profile and submit user generated content to the Site (collectively the “Services”). Registration to use the Services or some features of the Site may be necessary. As part of the registration process, you may be required to select a password and user name, which shall consist of an email address you provide and a screen name (“User ID”). Please read the Terms of Use carefully. By entering or using the Site and/or registering with the Site, you agree to the Terms of Use. If you do not agree to the Terms of Use (without modification), you are not authorized to view or use the Site.

These Terms of Use state the legally binding terms with respect to your use of the Site. NIK reserves the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If NIK revises the Terms of Use, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the "TERMS OF USE" hypertext link located at the bottom of NIK’s web pages. Your continued entry to and/or use of the Site after NIK posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use.

NOTWITHSTANDING ANYTHING CONTAINED IN THE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO THE LIMITATIONS ON NIK’S LIABILITY STATED IN THESE TERMS OF USE.

1. General Use and Restrictions.

1.1. Use of Site. Conditioned upon, and subject to, your strict compliance with the Terms of Use, NIK grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by NIK in writing on the Site.

You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. NIK may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and Spectrum gives you express notice thereof.

1.2. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy which we encourage you to review by clicking on the hypertext link located at the bottom of this website. NIK’s use of personal information that may be submitted by children to this Site is governed by the Privacy Policy.

1.3. Use of Content. You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below.

1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving NIK’s express written permission. You further agree not to, without first obtaining Spectrum’s express written permission, (a) use any of its trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

 

4. Linking and Third Party Dealings.

4.1. Links to External Sites. NIK may provide hyperlinks to other web sites and Internet resources operated by parties other than NIK. NIKhas no control over such sites and resources or their privacy policies or terms of use and NIK’s policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

4.2. Linking to the Site. Subject to the further provisions of this Section 4, NIK welcomes links to the Site from other web sites. However, if NIK demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.

5. Intellectual Property.

5.1 General. Except for Content that is in the public domain, the Site and all original Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) NIK or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, all rights in and to the Site and Content are expressly reserved by NIK.

5.2 Trademarks, may not be copied, imitated or used, in whole or in part, without NIK’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of NIK and may not be copied, imitated, or used, in whole or in part, without NIK’s prior written permission.

6. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.

NIK respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:

By Email:

 

noitsknotusa@gmail.com

NOTE: The preceding information in this Section 6 is provided exclusively for notifying NIK that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.

7. Indemnification. You hereby agree to indemnify and hold harmless NIK and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your entry and/or use of the Site (including, without limitation, any Service), and/or (b) any breach, or alleged breach, of any of the Terms of Use by you.

8. Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Site (including, without limitation, any Service and Content) is at your sole risk. To the maximum extent permitted by applicable law, the Site (including, without limitation, the Services and Content) is provided to you on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, NIK makes no representations or warranties relating to the Site, Services or Content including, without limitation, representations or warranties that (a) the Site, Services or Content shall meet your requirements, (b) the operation of the Site or Services will be uninterrupted or error free, or (c) any defects in the Site, Service or Content will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIK HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NIK KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE, SERVICE AND CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIK FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SITE, SERVICES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability. IN NO EVENT SHALL NIK ITS LICENSORS OR THE INDEMNIFIED PARTIES BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF NIK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall NIK’s total liability to you for all damages exceed $10.00.

10. Modifications to the Site. For the avoidance of doubt, NIK may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.

11. Governing Law and Jurisdiction. The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to Spectrum products is intended for use only be residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Site links to other sites produced by our various brands, some of which are outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region. Spectrum reserves the right to limit provision of our products or Services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or Services we provide. Any offer for any product or Service made on this website is void where prohibited.

The Terms of Use shall be deemed to be agreed to by you in New York, New York. The Terms of Use, and all matters arising out of or relating to the Terms of Use, shall be governed by the laws of the State of New York and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in New York, York unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in New York, New York. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to the Terms of Use must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.

12. General Provisions. If any provision of the Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the Terms of Use shall remain in full force and effect. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. NIK may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of NIK to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If NIK brings any suit against you to enforce the Terms of Use or otherwise in connection with your use and/or enter of the Site, you agree that if NIK prevails in such suit NIK shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use.