Please read these terms carefully before using this web site or downloading any information from it. You may only use this web site under the terms and conditions set forth below. If you do not agree to them, you must exit this web site now, before accessing it further or downloading any information from it.
The materials on this web site (“Site”) are provided by Nicolas Advertising Agency, Inc. (the “Company”, "we", "Nicolas Creative""us" or "our") for informational purposes only. These materials are copyrighted and any unauthorized use of these materials may violate copyright, trademark and other laws. Permission to use, copy and distribute documents and related graphics available from this World Wide Web server is granted only for your personal, non-commercial use provided that you retain all copyright and other proprietary notices contained on the original materials on any copies. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. For purposes of these Terms, any use of these materials on any web site or network computer environment for any purpose is prohibited. Nicolas Creative may revise these terms at any time.
USE OF THIS SITE
You agree not to:-
(a) reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose, any portion of the Site, use of the Site, or access to the Site.
(b) attempt to change, add to, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on this Site; and/or
(c) access or use this Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site.
USE OF INFORMATION
From time to time, we may offer promotions on the Site. Each of these activities shall be governed by specific rules accessible from the Site.
DISCLAIMER AND EXCLUSION OF LIABILITY
1. This Site, the Services, the information on this Site and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its contents, including in relation to any inaccuracies or omissions in this Site, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non infringement or implied warranties from course of dealing or usage of trade.
3. We do not warrant that this Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Site will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
4. While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness .WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE SITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
6. Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.
7. Although we use reasonable endeavors to ensure that any software made available on this Site is suitable for downloading, installation and use by you, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
LINKS TO THIS SITE
INTELLECTUAL PROPERTY RIGHTS
All website content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
GOVERNING LAW AND JURISDICTION
This site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the information available is appropriate or available for use in other locations and access to the site from territories where their contents are illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the information in violation of U.S. export laws and regulations. Any claim relating to the information shall be governed by the internal substantive laws of the State of New Jersey.