Last updated: March 01, 2023
Introduction
Welcome to Nooni® Lip Oil, Appleberry Lip Oil, Skincare (“”Nooni“”, “”we“”, “”us“”, “”our“”)!
These Terms & Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“”you“”) and Nooni, concerning your access to and use of the thenooni.shop website, including any content, functionality, products, and services offered on or through thenooni.shop (the “”Website“”).
Please read these Terms carefully before using our Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://thenooni.shop/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
Modifications to the Terms
We reserve the right to revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website
We grant you a limited license to access and make personal use of this Website and not to download or modify it, or any portion of it, except with express written consent from us.
The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Nooni, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We permit you to access and use the Website for your personal, non-commercial 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 our 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 the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The trademarks, logos, and service marks displayed on the Website (collectively the “”Trademarks””) are registered and unregistered Trademarks of Nooni and others. All Trademarks not owned by Nooni that appear on the Website are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any Trademark displayed on the Website without our written permission or that of the third-party owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
User-Generated Content
You are responsible for any User Content you submit or contribute to the Website. You represent and warrant that (a) you own all intellectual property and proprietary rights in the User Content or have the lawful right to use and distribute the User Content, and (b) the User Content does not violate the privacy rights, publicity rights, intellectual property rights or other rights of any person.
By submitting User Content, you grant us an irrevocable, worldwide, royalty-free, transferable, sub-licensable, non-exclusive license and permission to use, reproduce, modify, adapt, publish, translate, distribute, perform and display the User Content (in whole or in part) and/or to incorporate the User Content in other works in any form, media or technology now known or hereafter developed for any purpose, including without limitation commercial and non-commercial purposes.
You warrant and represent that you have all rights necessary to grant the licenses granted in this section. You will indemnify Nooni for all claims arising from or in connection with any claims to any rights in your User Content or any breach by you of any warranties in this section.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications sent through the Website, at any time and for any reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you.
We are not responsible for User Content provided by you or any third party. We are under no obligation to review or moderate User Content. We expressly disclaim any liability arising from User Content.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by Nooni.
Nooni has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Nooni shall 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 such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Website will immediately cease.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Nooni, its affiliates, directors, employees or agents be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including without limitation damages for loss of profits, goodwill, use data or other intangible losses arising out of or relating to the use of, or inability to use, the Website.
Under no circumstances will Nooni be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or your account or the information contained therein.
To the maximum extent permitted by applicable law, Nooni assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website; and (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Indemnification
You agree to indemnify, defend and hold harmless Nooni and our subsidiaries, agents, licensors, managers, and other affiliated companies from any claim, liability, losses, damages, judgments, awards, costs, investigations, fines, penalties and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or use of the Website, including any User Content you provide, your violation of any law or rights of a third party, or any allegation that your User Content caused damage to a third party.
Governing Law & Jurisdiction
These Terms and your use of our Website are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Nashville and County of Davidson.
Changes to the Terms
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted on the Website and are effective immediately. Please check these Terms periodically for changes.
Your continued use of the Website after the changes come into effect constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Website.
Contact Us
If you have any questions about these Terms, please contact us at:
Nooni® Lip Oil, Appleberry Lip Oil, Skincare
321 Plus Park Blvd #132
Nashville, TN 37217
Email: [email protected]
Summary
WE ASK YOU TO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. BY USING OUR WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.
These Terms constitute the entire agreement between you and Nooni with respect to your use of the Website.