Last updated on December 1, 2021.
Acceptance of the Agreement
This Website is offered and available to users who are 18-years old or older. By using this Website, you state that you are of legal age to form a binding contract with the Nickifoxx.com website, you have the legal capacity and you agree to comply with this agreement, you are not a minor in the jurisdiction in which you reside, and your use of the Website will not violate any applicable law or regulation. If you do not meet all these requirements, you must not access or use the Website.
Changes to the Agreement
We may revise and update this agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website from then on.
Your continued use of the Website after the posting of the revised agreement means that you agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We may withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Expired accounts that have been inactive for a period of 6 months will be automatically deleted.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your Internet connection are aware of this agreement and comply with it.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you will not provide any other person with access to this Website or parts of it using your username, password, or other security information. You will promptly notify us of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any part of this agreement.
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Model, the Model’s licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- You may download or print a copy of any part of the premium content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
- If we provide social media features with certain content, you may take those actions as are enabled by those features.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Model. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
The Model’s name, the Model’s logo, the Website’s domain name, and all related names, logos, product and service names, designs, and slogans are the Model’s service marks, trademarks, and trade names. You must not use those marks without the Model’s written permission. All other names, logos, product and service names, designs, and slogans on this Website are the service marks, trademarks, or trade names of their respective owners.
You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
- To transmit, or procure the sending of, any advertising or promotional material our written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Model, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Model or users of the Website or expose them to liability.
Additionally, you must not:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise try to interfere with the proper working of the Website.
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any website content violates your copyright, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. It is the Model’s policy to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials sold in the online store. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Model, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Model’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This website may contain pictures that have been edited.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are not required to update that material. Under usual circumstances we will update content on the site once a month near the start of each month, but are not required to.
Information About You and Your Visits to the Website
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods.
Cancellation. You may cancel your membership at any time, but you will no longer have access to our members services.
Buying Digital Content Individually
The Website may offer you the ability to buy digital content on an individual basis. The price of the digital content will be the price indicated on the order pages when you placed your order. It is your responsibility to check the price before buying digital content. Unless the payment page indicates otherwise (for example, VAT taxes are collected from EU users), pricing may exclude some taxes or currency transmission charges, which are extra costs charged to you. We may adjust pricing for individual digital content at any time as we may determine in our sole discretion.
We accept payment through our third-party payment processor. You must pay for the digital content before you download it.
Terms of Sale for Model Products
The Model may sell various goods through the Website. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
You acknowledge that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us or we will not be required to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with the details of the products you have ordered. All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Price increases will only apply to orders placed after those changes. Unless the payment page indicates otherwise (for example, VAT taxes are collected from EU users), posted prices may not include all taxes or charges. All those taxes and charges will be added to your merchandise total and will be itemized in your your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from those errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. All payments are processed by our authorized third-party payment processor. You state that (i) the credit card information you supply to our third-party payment processor is accurate; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
But we may approve a refund on request if exceptional circumstances exist. The amount and form of a refund, and the decision to provide it, is at our sole discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate us to provide refunds in the future, under any circumstance.
Links from the Website
We make no claims that the Website or any of its content is accessible or appropriate in your country. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from countries that prohibit adult-oriented content, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Model nor any person associated with the Model is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Model nor anyone associated with the Model represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent provided by law, in no event will the collective liability of the Model, the Model’s affiliates, or their licensors, service providers, employees, agents, officers, or directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 or the amount you have paid to the Model for the applicable content, product, or service in the last three months out of which liability arose. Nor will the Model, the Model’s affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law, including liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.
You will defend, indemnify, and hold harmless the Model, the Model’s affiliates, licensors, and service providers, and the Model’s and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website.
Governing Law and Jurisdiction
British Columbia law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of British Columbia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website will be instituted exclusively in the federal courts of the Canada or the courts of the province of British Columbia, although we may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
Class Action Waiver
All claims arising out of or relating to this agreement or the Website must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Model agrees otherwise, the arbitrator must not consolidate more than one person’s claims.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be commenced within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred.
Waiver and Severability
No waiver by the Model of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Model to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
Electronic Communications, Transactions, and Signatures
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that that communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
We encourage you to give feedback about the Website. But we will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.