Welcome to the Internet home of Nicole Lapin. Nicole Lapin.com (“NL”) provide website and other electronic services subject to the terms set out below (“Terms”). By using the NL Software and shopping via NicoleLapin.com, using NL software applications that you download, and other websites and existing or future services that expressly incorporate these Terms (“NL Services”), you accept these Terms.
Please read these Terms carefully. If you do not wish to be bound by these Terms, do not access or use the NL Services.
Change of Terms
NL may, at its sole discretion, revise or add new terms to these Terms from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which NL may give by any means, including, without limitation, by posting the revised Terms on the NL Services. You are responsible for reviewing the NL Services for any modifications to these Terms that may affect your rights or obligations. Any access or use by you of the NL Services after changes to these Terms will constitute your acceptance of the revised terms.
Orders and Pricing
NL reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on NL, and may be adjusted by NL at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share NL coupons and promotional codes unless the terms of the promotion expressly allow you to do so. NL reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
Copyright in the documents and material on the NL Services is owned by or licensed to NL. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the NL Services are either the property of, or used with permission of, NL. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission is provided elsewhere on the NL Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the NL Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the NL Services without the written permission of NL or any third party that may own such trademarks or service marks. NL will aggressively enforce its intellectual property rights to the fullest extent of the law.
When you access or use the NL Services, send e-mails to NL, or receive electronic communications from NL, you are, and consent to, communicating with NL electronically. NL may communicate with you by e-mail or by posting notices on one or more of the NL Services. You agree that all notices, disclosures, agreements, policies, and other communications that NL provides to you electronically satisfy any requirement that such communications be in writing.
To cancel your free NL account at any time, please email [email protected] and provide the email address you used during registration.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE NL SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, NL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE NL SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL NL OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE NL SERVICES, EVEN IF NL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NL’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless NL and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the NL Services.
Your Access to NL Services
When you use the NL Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the NL Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. NL sells products to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the NL Services only with the involvement of a parent or guardian. NL reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the NL Services. In the event that NL denies you access to one or more NL Services, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such termination.
All content accessible from, included in, or available via the NicoleLapin.com website, or communications from the NicoleLapin.com website, such as text, graphics, logos, images, audio clips, video clips, pictures, images, and data compilations, are the sole and exclusive property of NL, or one or more of its affiliates or parents, or its vendors or content providers, and is protected by United States and international copyright laws. The compilation of all content accessible from, included in, or available via the NicoleLapin.com website, or communications from the NicoleLapin.com website, such as the layout, color selection and format, is the sole and exclusive property of NL, or one or more of its affiliates or parents, and is protected by United States and international copyright laws.
In accordance with the Digital Millennium Copyright Act (“DMCA”) please notify us of alleged copyright infringement occurring on the NL Services:
DMCA Notification Agent
Attn: Legal Department
E-mail: [email protected]
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For NL to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing NL of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single NL Service are involved, please provide a representative list of such works on that NL Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit NL to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
- Certify that the information that you have provided NL is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
NL may not be able to act on your complaint promptly or at all if you do not provide this information.
These Terms contain the entire understanding of you and NL with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and NL with respect to the subject matter hereof. The failure of NL at any time to enforce any of the provisions of these Terms will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of NL to thereafter enforce each and every provision of these Terms. No waiver by NL of any breach of any provision of these Terms will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms. These Terms will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflict of laws principles. Any suit brought under or in connection with these Terms may be brought only in the courts of the State of New York and NL and you consent to the personal jurisdiction and venue of such courts.
Last updated: October 1, 2014