Terms and Conditions
Nut Butter Concepts dba Noosh Brands, maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Noosh Brand’s written permission.
Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Noosh Brands regarding this subject matter are superseded and of no force or effect.
TERMS & CONDITIONS
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Noosh Brands. Noosh Brands neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Noosh Brands.
2. While Noosh Brands uses reasonable efforts to include accurate and up-to-date information on the Site, Noosh Brands makes no warranties or representations as to its accuracy. Noosh Brands assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Noosh Brands nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Noosh Brands also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by Noosh Brands or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Noosh Brands is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, Noosh Brands. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
6. The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Noosh Brands, and others. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Noosh Brands will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Noosh Brands has not reviewed all the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. We sometimes provide access to other World Wide Web sites from our sites. But we don’t endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Noosh Brands-operated site or have moved to another site.
8. Although Noosh Brands may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Noosh Brands is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Noosh Brands will fully cooperate with any law enforcement authorities or court order requesting or directing Noosh Brands to disclose the identity of anyone posting any such information or materials.
9. Software from this Site may be further subject to United States export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Noosh Brands may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
USER GENERATED CONTENT
The Noosh Brands website (“Website”) you are currently visiting may presently or hereafter permit visitors (“Users”) of this Website to submit and/or upload a variety of content, including but not limited to: written statements, images, photos, audio content and videos (collectively referred to as “User Generated Content”). By becoming a User, you understand, agree, and consent to Noosh Brands, its subsidiaries, affiliates, successors and assigns (collectively, “Noosh Brands”) worldwide and perpetual use of such User Generated Content, which could include republishing such content in a variety of print and digital mediums. At Noosh Brands discretion, the User’ name may accompany such use of User Generated Content.
By submitting User Generated Content, you further understand and agree that you are responsible for the consequences of posting or publishing such User Generated Content. You further affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Noosh Brands to use all intellectual property, including but not limited to: patent, trademark, service mark, trade dress, trade secret, copyright, name, image, likeness or other proprietary rights (“IP”) in and to any and all User Generated Content to permit use of such User Generated Content in the manner contemplated by the Website and these Terms and Conditions.
Noosh Brands does not permit infringement of IP rights on its websites; Noosh Brands will block and remove all User Generated Content if properly notified that such User Generated Content infringes on another’ IP or other right(s).
DMCA NOTICE & COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1999, 17 U.S.C. § 512 (“DCMA”), provides owners and operators of sites a limitation of liability for User Generated Content that infringes the copyright(s) of a third party. Pursuant to the DCMA, Noosh Brands will accept notices of claims of copyright infringement, and has enacted a Take-Down Procedure. If you believe in good faith that your valid copyright has been used in an infringing manner, please submit the following:
1. A signature, electronic or physical, of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the website;
4. Your appropriate contact information, including: address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOOSH BRANDS CUSTOMER SUPPORT
Tel: (805) 522-5744
Address: 4439 Ish Dr. Simi Valley, CA 93063
Should you choose to call, please also make a written request by mail or email, as noted above. Upon receipt of written requests that provide all the required information as noted above in (1) – (6), Noosh Brands shall reasonably:
1. Remove, take-down, disable or destroy (“Removed”) the allegedly infringing material, and access thereto by Users;
2. Submit written notification of the alleged infringement to the alleged infringer and indicate that the allegedly infringing content has been seasonably Removed;
3. Submit written notification to the United States Copyright Office of such alleged infringement and that the allegedly infringing content has been seasonably Removed; and
4. Submit written notification to the person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed that the allegedly infringing content has been seasonably Removed.
Noosh Brands encourages you to seek legal counsel prior to pursuing a claim, as there may be penalties for false claims.
For any other claim aside from alleged copyright infringement, please see the Contact Information section contained herein.
Noosh Brands reserves the right to, in Noosh Brands sole discretion, without prior notice, to terminate the account or access of any user who may submit content that allegedly violates any IP or other right(s), laws or regulations.