Use of Material
All materials included on the Nefful Websites are protected by copyright, trademark and other laws and are the property of Nefful Corporation, unless otherwise noted. Unauthorized use of such materials may violate copyright, trademark and other laws. You may download and print portions of the materials for non-commercial and informational use. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on the Nefful Websites, which pertain to the material being copied. Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the Nefful Websites, in whole or in part without the prior written permission of Nefful Corporation, is prohibited.
The information and services published on the Nefful Websites may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. Nefful Corporation may also make improvements in and/or changes to the information described in the Nefful Websites at any time without notice. Nefful Corporation is not responsible for any errors or omissions in the Nefful Websites or any website which may be referenced within or linked to any of the Nefful Websites. Nefful Corporation has not reviewed all of the websites linked to each of the Nefful Websites and is not responsible for the contents of any such linked websites. Accordingly Nefful Corporation makes no representations whatsoever concerning the content of those linked websites. The fact that Nefful Corporation has provided a link to such websites is not an endorsement, authorization, sponsorship or affiliation by Nefful Corporation with respect to such websites, its owners or its providers. Nefful Corporation is providing these links only as a convenience to you. INFORMATION ON THE NEFFUL WEBSITES IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR TITLE. NEFFUL CORPORATION MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE NEFFUL WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. NEFFUL CORPORATION MAKES NO REPRESENTATION OR WARRANTY THAT THE NEFFUL WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NEFFUL WEBSITES OR THE SERVERS HOSTING SUCH WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEFFUL CORPORATION ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE NEFFUL WEBSITES OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE NEFFUL WEBSITES, EVEN IF NEFFUL CORPORATION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We make public forums, such as chat rooms, message boards, and/or news groups (“Public Forums”), available to our distributors. Distributors shall not submit any material to any such Public Forum which is unlawful, harassing, threatening, hateful, defamatory, libelous, pornographic, obscene, sexually explicit or otherwise violates any applicable laws. Distributors shall not use any Public Forum for any commercial purposes including advertising or soliciting the sale of any goods or services. Any information or materials submitted by distributors through the Public Forums shall be deemed non-proprietary and non-confidential and may be used by Nefful Corporation. We are not responsible for screening, monitoring or verifying the contents of any material submitted to the Public Forums and we are not responsible for the accuracy or reliability of such content. Nefful Corporation does not endorse any opinion, statement or other material posted on or accessible through any Public Forum.
The materials in the Nefful Websites are presented solely for the purpose of promoting Nefful products available in the United States. THE PRODUCTS PROMOTED ON THE NEFFUL WEBSITES ARE NOT FOR SALE OUTSIDE OF THE UNITED STATES. IF YOU ARE RESIDENT IN ANY COUNTRY OTHER THAN THE UNITED STATES AND YOU WISH TO PURCHASE PRODUCTS PROMOTED ON ANY OF THE NEFFUL WEBSITES, YOU SHOULD CONTACT NEFFUL CORPORATION FOR INFORMATION CONCERNING AVAILABILITY OF NEFFUL PRODUCTS IN YOUR COUNTRY. Nefful Corporation makes no representation that materials contained in the Nefful Websites are in compliance with the laws of jurisdictions outside of the United States. Those who choose to access any Nefful Website from countries outside of the United States do so on their own initiative and for information purposes only. The terms and conditions herein shall be governed by the laws of the State of California, without regard to its conflicts of laws principles. You hereby submit to the jurisdiction of the courts of the State of California for the purposes of litigating any lawsuit arising out of or in connection with these terms and conditions. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF NEFFUL, WITHOUT ADVANCE NOTICE. YOU MUST CHECK THIS NOTICE FREQUENTLY TO ENSURE THAT YOU HAVE READ THE MOST CURRENT VERSION OF THIS NOTICE. Nefful owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. It is Nefful’s policy to respond as required by law to claims of copyright infringement. The Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”), provides copyright owners or their authorized agents with a procedure for notifying service providers (as defined in the DMCA) of claims of unauthorized use of copyrighted materials. Because Nefful is considered a service provider within the scope of the DMCA, it must comply with the notice and procedural requirements of the DMCA. If you believe any material on this site infringes your copyright or the copyright of any third party, you should promptly notify the following designated agent of Nefful in writing: Nefful USA 18563 E. Gale Ave. City of Industry, CA 91748 (626) 839 – 6657 Your written notification to the above-referenced designated agent must include substantially all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- The exact location of the alleged infringing material;
- The exact location of the link to the alleged infringing material;
- Your address, telephone number and electronic mail address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
- A statement by you that the above information in your written notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Upon receipt of your written notification of an alleged copyright infringement, Nefful will take the following steps:
- Remove or disable access to the alleged infringing work;
- Forward your notification to the Respondent; and
- Take reasonable steps to promptly notify the Respondent that Nefful has removed or disabled access to the alleged infringing material.
At this point, the Respondent (“Respondent”) may submit a counter notification in writing to Nefful’s designated agent. The counter notification must include substantially all of the following information:
- An electronic or physical signature of the Respondent or someone authorized to act on behalf of the Respondent;
- A description of the copyrighted material that has been removed or disabled;
- The exact location of the material before it was removed or disabled;
- A statement under penalty of perjury that the Respondent has a good faith belief that the copyrighted material has been removed or disabled as a result of mistake or misidentification; and
- The Respondent’s name, address and telephone number along with a statement that the Respondent consents to the jurisdiction of the Federal Court in the district in which he/she/it resides or, if the
- Respondent’s address is outside the United States, a statement that the Respondent consents to jurisdiction of the United States federal district court in San Francisco, California.
Upon receipt of a counter notification containing substantially all of the foregoing information, Nefful will take the following steps:
- Send you a copy of the Respondent’s counter notification;
- Inform you that Nefful will replace the alleged infringing material or cease disabling access to it within ten (10) business days; and
- Replace the alleged infringing material that was previously removed or cease disabling access to it not less than 10 nor more than fourteen (14) days following receipt of the Respondent’s counter notification, unless you have supplied Nefful’s designated agent with evidence that you have filed an action seeking a court order to restrain the Respondent from engaging in the alleged infringement that was the subject of your written notification.
Nefful’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
CONSUMER DISCLOSURE: If you are a consumer purchasing products or services online from Nefful for personal, family, or household purposes, you may have additional rights pursuant to the Electronic Signatures in Global and National Commerce Act and other applicable state law. Please read the following disclosure carefully. It describes your rights to elect to contract electronically with us. By clicking the “Submit Order To Nefful”, (1) you agree and consent to (i) contract electronically with us for the products or services you have requested in accordance with this Agreement and (2) you understand that you are entering into a legal agreement and you intend to be legally bound by this Agreement. In order to access, download, and print this Agreement, you need Acrobat Reader 3.0 or higher. Changes to these hardware and software requirements will be posted here or at the “recommended software” link below. You may also request to receive a copy of this Agreement by U.S. mail free of charge by contacting us at firstname.lastname@example.org within thirty (30) days after you have entered into this Agreement with Nefful. If you do not consent to the above, please click the Cancel Request Button, and by so doing you will not be able to complete this online transaction.