Terms of Service
This website is operated by Nacke Media. Throughout the site, the terms “we”, “us” and “our” refer to Nacke Media. Nacke Media offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nacke Media, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nacke Media and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, (including, but not limited to) reasonable attorneys’ fees, damage, loss, injuries or such that may occur while using our website or any products or services provided by us, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
All products and services are sold on the basis that they will be used properly, and that the buyer and the user of these item(s) is at least 18 years of age. In addition, we do not manufacture any of these item(s), and make no guarantees as to their performance. Any problems of that nature must be resolved through the manufacturer of the item(s).
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws provisions. Any action which is in anyway related to this Agreement shall be brought in the appropriate state court of competent jurisdiction having its situs in Franklin, Williamson County, Tennessee, it being agreed by the Parties that such court shall have exclusive jurisdiction over such matters. You consent to and submit to the exercise of jurisdiction over your person in such Court and waive all objections based on Forum Non Conveniens and all objections to venue of any action instituted hereunder and consents to the granting of such legal or equitable relief as is deemed appropriate by the Court.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
AFFILIATE PROGRAM TERMS OF SERVICE
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of Nacke Media, and the establishment of links from your website or social media accounts to our website, “nackemedia.com.”
1. Enrollment in the Affiliate Program
A. To begin the enrollment process you, the Affiliate will submit an Affiliate Program Application. We the Merchant will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We the Merchant may reject your application if we determine, in our sole discretion, that your site is unsuitable for our Affiliate Program for any reason.
B. If we, the Merchant, reject your application, you the prospective Affiliate are welcome to reapply to the Affiliate Program at any time.
2. Promotion of our Affiliate Relationship
As an affiliate site, we the Merchant will make available to you the Affiliate a variety of graphic and text links which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The links will serve to identify your site as a member of our Affiliate Program and will establish a link from your Affiliate site to our Merchant site.
3. Responsibility of Nacke Media
We Nacke Media, the Merchant will be responsible for providing all information necessary to allow you to make appropriate links from your Affiliate site to our Merchant site. We, the Merchant will be solely responsible for processing every order placed by a customer following the special link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliates regarding sales statistics. We, the Merchant will be responsible for order entry and processing, payment processing, cancellations and related customer service.
4. Responsibility, Representations, and Warrantees of the Affiliate
The Affiliate will, at its sole cost and expense, design, develop and maintain the Affiliate’s site and/or other promotional and advertising material not provided by Nacke Media.
Affiliate further represents and warrants that: (i) it will ensure compliance with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Nacke Media Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Sales; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Nacke Media’s own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Affiliate Link to purchase Nacke Media products for yourself.
5. Rights and Permissions
Each party hereby grants to the other the non-exclusive, non-transferable, non-assignable right during the term of this agreement to use (i.e. to copy, transmit, distribute, display and perform both privately and publicly) the links and icons, their respective names and site names and any other related textual and graphic materials that are provided by such party to the other for the express purpose of inclusion on the
other’s site, but only for the specific purposes authorized in this agreement. Each party authorizes the other to refer in its advertising and promotion to the fact that each site is accessible through the other so long as any such statement:
A. Does not state, suggest or imply in any way that either party sponsors, authorizes, and/or is the source or origin of the other’s site; and
B. Does not disparage the other party, its products, its services or affiliates.
All use of the other party’s rights, property or materials will inure to the benefit of the other party and no such use will create any right, title or interest in them for the user.
6. Obligations between Affiliate and Merchant Non-Exclusivity
The relationships specified in this agreement are non-exclusive. Affiliate shall been titled to display links to sites of other merchants on the Affiliate’s site and Merchant shall be entitled to make the Merchant’s site available through online and other services other than that of the Affiliate.
7. Commission Determination
A. Nacke Media will pay the Affiliate a commission on every order that will have been generated by the Affiliate using the link to the Merchant website and using the online ordering function of “nackemedia.com.”
B. The Affiliate will deem to have earned the commission if the order is placed online pursuant to a referral:
whether the visitor placed the order using the Affiliate’s link to “nackemedia.com”;
or placed the order directly on Merchant’s website, but only if order occurs within a period of 30 days starting from the visitor’s first referral and as long as the visitor has not been referred to “nackemedia.com” by another Affiliate in the meantime.
It is agreed that the customer cannot be a previous customer of Nacke Media.
C. The commission which will be paid by Nacke Media to the Affiliate is based upon the current sales price of the product or service actually paid by the client.
D. It is agreed that charge backs, applicable sales, use or other similar taxes and delivery and drop-off charges, when applicable, are not subject to a commission.
E. It is agreed that commissions will not be paid if affiliates use their own Affiliate Link to purchase Nacke Media products for themselves.
8. Commission Payments
A. The Affiliate will deem to have earned the commission 30 days after the product is delivered to the customer.
B. Commissions will be paid on or before the 10th of every month.
C. When the total commissions due to the Affiliate exceed $20 dollars, the Merchant will send a payment for the applicable commission (less any taxes required to be withheld under applicable law) using Paypal Payouts. Should the Affiliate’s commission payments require the Merchant to file any tax forms, the Affiliate agrees to provide the Merchant with all information necessary (such as the Affiliate’s social security or tax I.D. number) upon request. The Merchant has the right to discontinue the Affiliate’s participation in the Affiliate Program and withhold any moneys payable should the Affiliate fail to provide this information upon request
D. With each commission payment, Nacke Media will provide reports that will contain all necessary information as required to calculate the commission fees to the Affiliate.
No more than twice in any twelve month period, the Affiliate shall have the right, at its expense, upon thirty (30) business days written notice to inspect and audit the directly relevant books and records of Merchant for the purpose of verifying any reports, information or payments due to Affiliate under this agreement. Any such audit shall be conducted by a firm of independent certified public accountants reasonably acceptable to Merchant. In the event of any short fall and payment to the Affiliate is found which exceeds (10%) of the total due the Affiliate for the reporting and auditing, Merchant shall reimburse the Affiliate for the reasonable fees of the accountants conducting the audit.
10. Governing Law
A. This agreement is made in, governed by and will be construed solely in accordance with, the internal laws of the State of Tennessee. This will occur notwithstanding and without reference to rules governing choice of laws. The Affiliate may not assign this agreement by operation of law or otherwise, without the Merchant’s prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. The Merchant’s failure to enforce the Affiliate’s strict performance of any provision of this agreement will not constitute a waiver of the Merchant’s right to subsequently enforce such a provision or any other provision of this agreement.
B. This agreement supersedes all prior communications or understandings between Affiliate and Merchant, and constitutes the entire agreement between the parties, with respect to the matters herein. This agreement cannot be changed in any way except by writing signed by the party against which the enforcement of the charge is sought.
11. Independent Contractors
The Affiliate and Merchant are deemed to be independent contractors under this agreement and nothing herein shall be construed to create a partnership, joint venture or agency relationship between the Affiliate and Merchant. Neither party has the authority to enter into agreements of any kind on behalf of the other party.
12. Policies and Pricing
Customers who purchase any product from Nacke Media through the Affiliate program will be deemed to be customers of Nacke Media. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service, and product and service will apply to those customers. We may change our pricing, policies and operating procedures at anytime.
13. Obligations between Affiliate and Merchant
A. Each party owns and shall retain all rights, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or by it in the future.
B. Nacke Media grants Affiliate a revocable, non-exclusive, worldwide license to use, reproduce and transmit, the name, logos, trademarks, service marks, trade dress and proprietary technology on Affiliate’s site solely for the purpose of creating links from Affiliate’s site to Nacke Media’s site. Except as expressly set forth in this agreement or permitted by applicable law, Affiliate may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Affiliate may not sublicense, assign or transfer any such licenses for the use of the same and any attempt at such sublicense, assignment is void.
C. Affiliate grants Nacke Media a non-exclusive, worldwide royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Affiliate solely for co-branding purposes or as a return link from Nacke Media’s site to Affiliate’s site. Nacke Media will remove such graphic or banner ad upon Affiliate’s request.
14. Obligations Regarding Your Site
We, Nacke Media, disclaim all liability for all materials and information on your site. You agree to indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance and contents of your site.
We, Nacke Media, will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising with connection with this agreement of the Affiliate or Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this agreement.
16. Term and Termination
A. This agreement is an agreement at will. It begins as of the date Nacke Media approves affiliate into its affiliate program and may be terminated at any time, with or without cause, by either party on no less than thirty (30) days written notice.