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Welcome
to "NikiOwl.com" (the "Site"). Thank you for dropping
by!
It is important to us that you, and our other visitors, have the best
possible time while using our Site, and that when you use this Site you
are fully aware of our respective legal rights and obligations. For that
reason, we have created these Terms of Use as the legally binding terms
to govern your use of this Site. Please read these Terms of Use carefully
before using the Site, because they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of
Use, please do not use this Site because by using this Site you will be
deemed to have irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered by Niki
Owl (as defined below) may be subject to additional terms and conditions,
which you should read carefully before making any use of those areas.
Any such terms will not vary or replace these Terms of Use regarding any
use of this Site, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued without
notice at any time by updating this posting. You should visit this page
regularly to review the current Terms of Use, since your continued use
of the Site will be deemed as irrevocable acceptance of any revisions.
How To Contact Us
This Site is controlled and operated by Niki Owl
Online, a division of Niki Owl Inc., Avda. del Mar 7 - 6B, 29600 Marbella
Spain. Please forward any complaints, questions or general correspondence
to contact@nikiowl.com. For
web related problems, please contact the web@nikiowl.com.
Although great care is taken to ensure constant functionality of NikiOwl.com,
we are not immune to technical problems and would like to hear from you
if one of these occurs. Thank you!
Online Privacy Policy
Your privacy is important to Niki Owl. To better
protect your privacy, we provide a privacy
policy explaining our online information practises and the choices
you can make about the way your information is collected and used at this
site.
Trademarks and Copyrights
This Site and all materials incorporated by Niki
Owl Online on this Site ("Material") are protected by copyrights,
patents, trade secrets or other proprietary rights ("Copyrights").
Some of the characters, logos or other images incorporated by Niki Owl
Online on this Site are also protected as registered or unregistered trademarks,
trade names and/or service marks owned by Niki Owl Inc., or others ("Trademarks").
Niki Owl Online respects the intellectual property rights of others and
asks users of this Site to do the same.
Your Use of Material
Your right to make use of this
Site and any Material or other content appearing on it is subject to your
compliance with these Terms of Use. Modification or use of the Material
or any other content on this Site for any purpose not permitted by these
Terms of Use may be a violation of the Copyrights and/or Trademarks and
is prohibited.
You may access and display Material and all other content displayed on
this Site for non-commercial, personal, entertainment use on a single
computer only. The Material and all other content on this Site may not
otherwise be copied, reproduced, republished, uploaded, posted, transmitted,
distributed or used in any way unless specifically authorized by Niki
Owl Online. Any authorization to copy Material granted by Niki Owl Online
in any part of this Site for any reason is restricted to making a single
copy for non-commercial, personal, entertainment use on a single computer
only, and is subject to your keeping intact all copyright and other proprietary
notices. Using any Material on any other web site or networked computer
environment is prohibited. Also, decompiling, reverse engineering, disassembling,
or otherwise reducing the code used in any software on this Site into
a readable form in order to examine the construction of such software
and/or to copy or create other products based (in whole or in part) on
such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. NIKIOWL.COM
AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND
OTHER CONTENT IN NIKIOWL.COM ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NIKI OWL
ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NIKI OWL ONLINE DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT NIKI OWL ONLINE'S WEB SITES OR
THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NIKI OWL ONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN NIKIOWL.COM OR ANY
SITES LINKED TO NIKIOWL.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. NIKI OWL ONLINE MAKES NO WARRANTIES THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
IN NIKIOWL.COM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NIKI OWL ONLINE
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
OF NIKIOWL.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME
OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
NIKI OWL ONLINE DOES NOT ACCEPT ANY LIABILITY FOR
ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF,
OR INABILITY TO USE, NIKIOWL.COM OR THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT ON NIKIOWL.COM, REGARDLESS OF THE
BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF NIKI OWL ONLINE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION,
YOU (AND NOT NIKI OWL ONLINE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE
ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
E-mails
Niki Owl Online is interested in hearing from you.
Any material you send to us will be treated as confidential unless otherwise
expressed by you.
Please act responsibly when using this Site. You may only use this Site
and its contents for lawful purposes and in accordance with applicable
law.
We at Niki Owl Online require that you do not post e-mails or otherwise
make available on this Site any content, or act in a way, which in our
opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or
person, including violating anyone's copyrights or trademarks or their
rights of publicity;
(d) violates any law or may be considered to violate any law.
System Abuse
Without limitation, you agree not to undertake
any activity which may adversely effect the operation or enjoyment of
this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource,
or access to any resource, contained on this Site.
Investigations
Niki Owl Online reserves the right to investigate
suspected violations of these Terms of Use, including without limitation
any violation arising from any e-mails you send. Niki Owl Online may seek
to gather information from the user who is suspected of violating these
Terms of Use, and from any other user. Niki Owl Online will fully cooperate
with any law enforcement authorities or court order requesting or directing
Niki Owl Online to disclose the identity of anyone posting any e-mails,
or publishing or otherwise making available any materials that are believed
to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND
HOLD HARMLESS NIKI OWL ONLINE FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY NIKI OWL ONLINE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER NIKI
OWL ONLINE OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access
to the World Wide Web and pay any service fee associated with that access.
You will need to provide all equipment necessary to connect to the Site
on the World Wide Web (including a computer, modem and/or other access
devices).
Niki Owl Online, reserves the right to modify or discontinue, temporarily
or permanently, all or any part of this Site and/or any software, facilities
and services on this Site, with or without notice, and/or to establish
general guidelines and limitations on their use.
Local Regulations
Niki Owl Online makes no representation that Materials
or other content in the Site are appropriate or available for use outside
the United States, its territories, possessions and protectorates. If
you choose to access the Site from other locations you do so on your own
initiative and at your own risk. You are responsible for complying with
local laws, if and to the extent local laws are applicable. You specifically
agree to comply with all applicable laws concerning the transmission of
technical data exported from the United States or the country you reside
in.
Indemnity
You agree to indemnify and hold harmless Niki Owl
Online and its officers, directors, employees, agents, distributors and
affiliates from and against any and all claims, demands, liabilities,
costs or expenses, including reasonable attorney's fees, resulting from
your breach of any of the foregoing provisions, representations or warranties.
Third Party Sites
This Site may link you to other sites on the Internet.
These sites may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the control
of Niki Owl Online, and you acknowledge that (whether or not such sites
are affiliated in any way with Niki Owl Online) Niki Owl Online is not
responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by Niki Owl Online or any
association with its operators.
Niki Owl Online cannot ensure that you will be satisfied with any products
or services that you purchase from any third party site that links to
or from NikiOwl.com since those other sites are owned and operated by
independent third parties. Niki Owl Online does not endorse any of the
merchandise, nor has Niki Owl Online taken any steps to confirm the accuracy
or reliability of any of the information contained in such third party
sites. Niki Owl Online does not make any representations or warranties
as to the security of any information (including, without limitation,
credit card and other personal information) you might be requested to
give any third party, and you irrevocably waive any claim against us with
respect to such sites. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online transaction
with any of these third parties. For further information about the policies
of the online merchants in NikiOwl.com, click here.
Proprietary Online Services
Any area of this Site that is accessed through
any proprietary online service is subject to the rules, policies and guidelines
of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site
are presented solely for the purpose of providing entertainment and information
and promoting programs, films, music, and other products available in
the United States and Spain, their territories, possessions, and protectorates.
The Site is controlled and operated by Niki Owl Online from its offices
in Spain.
If any provision of these Terms of Use shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
for this agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between the
parties relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this
Site infringes your copyright rights, we at Niki Owl Online want to hear
from you. Please forward the following information in writing to the address
stated in "How to Contact Us":
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing
material is located;
(d) a statement by you that you have a good faith belief that the disputed
use has not been authorized by you, your agent, or the law; and
(e) your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf.
Niki Owl Online seeks to preserve any and all exemptions from liability
that may be available under the copyright law.
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