By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites.
NHS does not sell your Personal Data to third parties. NHS may share your Personal Data with its third-party vendors for internal uses including for payment processing, order processing, customer communications and surveys, shipping and warranty processes. We value your privacy.
Your use of the Website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time by posting revisions on the Website without prior notice. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Agreement. For this reason, we encourage you to review the Agreement whenever you use any NHS websites. If you do not agree to these terms, please do not use the NHS Fun Factory, or any NHS websites.
Ownership of Website Content
The Website and its elements are protected by copyright, trademark and intellectual property rights laws and treaties. The Website and its contents are intended solely for personal, non-commercial use. You may not solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, or collect or store personal data about other users of the Website. No right, title or interest in any downloaded content is transferred to you as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Website or its contents unless you have the express prior written permission of NHS.
Submissions of User Content
You are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to NHS on or through the Website (“Submissions”), including User Content Submissions from third party websites including Instagram, Twitter, Facebook, SnapChat and Pinterest associated with hashtags related to NHS including, for example, #santacruzskateboards and #independenttruckcompany. Such User Content Submissions may be used on the Website and on other NHS products or marketing materials including emails, social media and store signage.
You may only make a Submission if you are 18 years of age or over. If your Submission is selected by NHS to be used, it may be displayed for other users to see, together with your and associated Instagram, Twitter, Facebook, Snap Chat or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, and reserve the right, at its our sole discretion, to edit any Submission and to choose to utilize such Submission or portion thereof on the Website or in any other manner. You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship of any Submission or portion thereof. All Submissions are non-confidential and will be treated as non-proprietary, except as specifically set forth herein. By making a Submission you represent and warrant that you have the right to grant, and do grant, NHS, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission or portion thereof, as well as your , Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge your Submission will not be returned, and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses and rights granted in this Agreement, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
The Website may include the opinions, statements and other content of third parties and any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of NHS, Inc., including its licensors and/or vendors, and NHS, Inc. does not expressly or impliedly endorse any such opinions, statements, or materials.
Feedback and User Content
Any questions, comments, suggestions, or other information about NHS products or services submitted to NHS through the Website (“Feedback”) shall be deemed non-confidential and non-proprietary. NHS is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. NHS is not responsible for Feedback made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that NHS does not pre-screen or approve Feedback and User Content, but that NHS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason. You agree that you must evaluate, and bear all risks associated with, the use of or reliance on any Feedback and User Content. Under no circumstances will NHS be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available.
You agree not to transmit or make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sex, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a NHS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to NHS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our Website infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to NHS, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
Establishing an Account
The Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account Or Password Shall Be Your Responsibility.
Availability of Products, Services, Features and Content
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that NHS is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Copyright and Trademark
NHS trademarks displayed on this Website are trademarks or registered trademarks of NHS and its affiliated companies in the United States and internationally (including but not limited to the NHS name, the SANTA CRUZ CLASSIC DOT logo, the INDEPENDENT TRUCK COMPANY logo, and other logos). All trademarks used by NHS but not owned by NHS are used by permission and are the sole property of their respective owners. All unauthorized use trademarks displayed on this Website is prohibited.
This Website is protected under copyright law and all rights are reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the NHS agent for notice of claims of copyright infringement ("Legal Department"), at [email protected] or: Legal Department, c/o NHS, Inc., 104 Bronson Street, #9, Santa Cruz, California 95062. You must provide our Legal Department with the following:
- Identify the material on the Website that you claim is infringing, with enough detail so that NHS may locate it on the Website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- 4. Your address, telephone number, and email address; and
- Your physical or electronic signature.
If determined to be valid, NHS will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Notice of Copyright or Trademark Infringement
NHS respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide NHS with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address, so that NHS may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), we have designated a copyright agent to receive copyright infringement notices. NHS agent for notice of claims of copyright or trademark infringement on the Website is: Trademarks and Legal Department, c/o NHS, Inc., 104 Bronson Street, #9, Santa Cruz, California 95062; [email protected]]
We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website.
Waiver and Severability