Last updated on September 21, 2015
1. Welcome to Noobie LLC
a. Noobie LLC (“Noobie,” “we,” “us,” “our”) provides its services (described below) to you through its website located at http://www.noobiebox.com (the “Site”). Collectively, such services, including any new features and applications, and the Site, (the “Service(s)”, are subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any applicable revisions. We will post any revisions to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such revisions constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
2. Access and Use of the Service
a. The Service is designed to allow users to receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box,” “Boxes”), review products and Boxes (defined below), receive newsletters with information and offers.
Boxes and Newsletters:
b. The contents of each Box will vary, and we make no guarantees that you will receive a particular product in a Box or that certain products will be available in your Box. Many of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the Boxes are not manufactured by Noobie, but rather by Noobie’s suppliers. Likewise, any information contained in a Box has been supplied by Noobie’s suppliers; it is provided as an information resource only, and is not intended or implied to be a substitute for professional medical advice. If you have any questions or complaints about a product or information provided, please contact us at email@example.com. As the Box is a free box, there will be no returns or refunds.
Your Registration Obligation/Ordering requirements:
Sweepstakes and Contests:
d. From time to time Noobie may make available certain sweepstakes and contests on the Site. Your participation in any such sweepstakes and/or contests is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstake or contest on the Site. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
Modifications to Service:
e. Noobie reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Noobie will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
f. You acknowledge that Noobie may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that reviews, product designs, data or other content will be retained by the Service and the maximum storage space that will be allotted on Noobie’s servers on your behalf. You agree that Noobie has no responsibility or liability for the deletion or failure to store any reviews, product designs, data or other content maintained or transmitted by the Service. You further acknowledge that Noobie reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3. Conditions of Use
a. You are solely responsible for all reviews, blog comments or posts, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Noobie. Noobie reserves the right to investigate and take appropriate legal action against anyone who, in Noobie’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting them to law enforcement authorities. You agree to not use the Service to:
1. post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Noobie, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Noobie or its users to any harm or liability of any type;
2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. solicit personal information from anyone under the age of 18;
4. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. violate any applicable local, state, national or international law, or any regulations having the force of law;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
b. You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the rate(s) in effect when such charges are incurred, including, to the extent applicable, without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.
c. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for commercial endeavors.
4. Intellectual Property Rights
Service Content, Software and Trademarks:
a. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Noobie, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Noobie, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Noobie.
b. The NOOBIE and NOOBIE BOX names and logo's are trademarks and service marks of Noobie (collectively the “Noobie Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Noobie. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Noobie Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Noobie Trademarks will inure to our exclusive benefit.
Third Party Material:
c. Under no circumstances will Noobie be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Noobie does not pre-screen content, but that Noobie and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Noobie and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Noobie, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site:
d. You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Noobie and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
e. You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products and Boxes) or other information about the Site or the Service (“Submissions”), provided by you to Noobie are non-confidential and Noobie will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
f. You acknowledge and agree that Noobie may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Noobie, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
g. Noobie respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Noobie of your infringement claim in accordance with the procedure set forth below.
h. Noobie will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Noobie’s Copyright Agent at [=] (Subject line: “DMCA Takedown Request”).
Third Party Websites:
i. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Noobie has no control over such sites and resources and Noobie is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Noobie will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Noobie is not liable for any loss or claim that you may have against any such third party.
5. Indemnity and Release
You agree to release, indemnify and hold Noobie and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, (including reasonable attorneys’ fees), rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. You waive any statute or doctrine to the effect that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
6. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOOBIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOOBIE MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOOBIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOOBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Noobie, in its sole discretion, may suspend or terminate your use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Noobie believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Noobie may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Noobie may bar any further access to such files or the Service. Further, you agree that Noobie will not be liable to you or any third-party for any termination of your access to the Service.
9. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Noobie will have no liability or responsibility with respect thereto. Noobie reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
a. These Terms of Service constitute the entire agreement between you and Noobie with respect to the subject matter hereof and govern your use of the Service, superseding any prior agreements between you and Noobie with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes, you and Noobie agree to submit to the personal and exclusive jurisdiction of the courts of the State of New York in New York City or in the United States Court for the Eastern District of New York. The failure of Noobie to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.