The Subscription Contract Between You And Us
The Naughty Box offers various subscription types: including rebillable monthly subscriptions (“Monthly Subscriptions”); prepaid 3 month,6month and annual subscription; and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of The Naughty Box subscriptions subject to automatic renewal, you agree that The Naughty box may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before TNB reasonably could act.
Please note that the Goods, whether contained in Boxes or otherwise, may contain allergens or substances which you may not react well to. Neither TNB, not the manufacturers or providers of the Goods are responsible for adverse reactions to Goods that are not caused by the use of substances dangerous to the general population. It is your responsibility to do your research and determine what Goods you can or cannot safely use. If a Good does not have a list of ingredients we recommend you do not risk using it. By purchasing a Box you understand that you may receive Goods that you cannot safely use, and accept the attendant risks and agree that you will not be entitled to a refund for such Goods. For example, if you are allergic to peanuts it is your responsibility to make sure a Good does not have peanuts before you use it. This paragraph in no way constrains the limitation on TNB’s liabilities or exposure contained elsewhere in this Agreement. The Naughty Box LLC has no liability for injury or damage caused by any of the products within The Naughty Box.
3. Permitted Use of the Services and Information All Services, as well as any information provided on, by, through or in connection with the Services, otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, trademarks, intellectual property, contact information, links and references (collectively, the ""), are provided for use in accordance with this Agreement. You have no right to any such Information, or other TNB materials or property and agree to comply with all notices and requirements accompanying third-party Information. You may not, nor may you authorize any third party to, without the written consent of TNB, copy, reproduce, display, republish, download, post, digitize, translate, modify, transmit, distribute or commercially exploit in any way, any TNB Information or other TNB property except as expressly permitted herein. You agree to advise TNB promptly of any such unauthorized use of which you are aware. TNB permits you to reasonably view, print, and display TNB Information in a manner otherwise consistent with this Agreement; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to TNB, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of TNB. Information may not be posted on another website or used for any commercial purposes. With regard to third-party Information, such as Information of third-parties providing Goods, the above permissions do not apply and such Information may not be utilized in any manner accept in accordance with applicable law or with the permission of the owner of such Information and as laid out in the section regarding Content posted by you and other users below.
4. Delivery of the Boxes and Goods We utilize third party services for delivery of the Boxes and/or Goods. By providing us with an address for delivering the Boxes or Goods, you represent that we are authorized to ship to such locations and accept the risk that Boxes may be opened, inspected, or otherwise viewed by unauthorized parties. Please note that the successful delivery of Boxes or Goods to you or to the party you are gifting them to depends on your provision of accurate information. You will be responsible for paying all shipping costs. Shipping costs are nonrefundable.
5. Content You are solely responsible for the content and information that you post, upload, or otherwise place or cause to be placed on the Services (“”), including but not limited to photos or comments, messages, ideas or feedback, reviews or ratings, other text, photos, audio/visual works, and content or information (collectively, ""). You may not post on the Services, or transmit to TNB or any other user, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from any associated account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Services and grant the licenses set forth below. You understand and agree that TNB may, but is not obligated to, monitor or review any Content you post on the Services. TNB may delete any Content, in whole or in part, that in the sole judgment of TNB violates this Agreement or may harm the reputation of the Services or TNB. Such Content may also be suspended if reported by other users. In addition to the types of Content described in this Section above, the following is a partial list of the kind of Content that is prohibited on the Services. You may not post, upload, display or otherwise make available Content that: 1. that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. advocates harassment or intimidation of another person; 3. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities); 4. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; 5. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; 6. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); 7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); 8. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; 9. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses; 10. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; 11. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; 12. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); 13. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; 14. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and 15. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. 16. TNB reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Services and terminating or suspending the account of such violators. Your use of the Services, including all Content you post on the Services, must comply with all applicable laws and regulations. You agree that TNB may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of TNB or any other person.You agree that any Content you place on the Services may be viewed by other users and may be viewed by any person visiting or using the Services.
6. Rights to your Content By posting or providing any Content on the Services, you represent and warrant to TNB that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. Your use of the Services is voluntary and you agree that any Content you post may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, a license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. Except that, in the case of such Content representing products or services you upload to the Services and have rights to, no party may use such Content to suggest or in any way imply or represent that they offer similar products or services. You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit, abridge, remove, or refuse to post any Content. We have no obligation to delete Content that you personally may find objectionable or offensive.
7. Prohibited Activities TNB reserves the right to investigate, suspend and/or terminate your account if you have misused the Services or behaved in a way TNB regards as inappropriate or unlawful.The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not: 1. impersonate any person or entity. 2. post any Content that is prohibited by the on the Services. 3. “stalk” or otherwise harass any person. 4. express or imply that any statements you make are endorsed by TNB without our specific prior written consent. 5. use the Services in an illegal manner or to commit an illegal act; 6. access the Services in a jurisdiction in which it is illegal or unauthorized; 7. ask or use users to conceal the identity, source, or destination of any illegally gained money or products. 8. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents. 9. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services. 10. interfere with or disrupt the Services or the servers or networks connected to the Services. 11. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service(either directly or indirectly through use of third party software). 13. “frame” or “mirror” any part of the Services, without TNB's prior written authorization. 14. use meta tags or code or other devices containing any reference to TNB or the Services(or any trademark, trade name, service mark, logo or slogan of TNB) to direct any person to any other website for any purpose. 15. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services any software used on or for the Services, or cause others to do so. 16. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Services other than solely in connection with your use of the Services in accordance with this Agreement. 17. use the Services for any commercial purpose.
8. Cancellations and Refunds You may cancel your monthly subscription after two months by logging into your account and following directions. Yearly subscriptions may only be canceled before the first month of the new subscription year. Once an order for Goods has been processed you may not cancel your purchase. Goods purchased in TNB store may be returned PO Box790 Jacksboro TX 76458. No refunds are offered on subscriptions or Goods absent special circumstances. Such special circumstances may include faulty Goods or Services. If you would like to request a refund please contact us at firstname.lastname@example.org. In the event you purchase directly from a third party and not through our Services, such other party’s cancellation, return, or refund policy may apply.
9. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 1. an electronic or physical signature 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 Services(and such description must be reasonably sufficient to enable TNB to find the alleged infringing material, such as a url); 4. your address, telephone number and email address; 5. a written 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. Notice of claims of copyright infringement should be provided to the Copyright Agent at email@example.com or the following address: Copyright Agent c/o The Naughty Box Legal PO Box 790 Jacksboro, TX 76458 We will terminate the accounts of repeat infringers.
10. Governing Law; Dispute and Resolution This Agreement and your use of the Services shall be governed by and construed in accordance with the laws of the State of Texas. The TNB team will provide assistance to try to resolve any disputes involving our Services. We urge you to contact us at firstname.lastname@example.org, or by mail at The Naughty Box ________________ Jacksboro, TX 76458 So that you and TNB can come to a mutually acceptable arrangement regarding any dispute. In the event we can not resolve the situation between ourselves, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court located in the County of Jack in the State of Texas. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against TNB any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TNB (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against TNB (except for small-claims court actions) may be commenced only in the federal or state courts located in the County of Jack in the State of Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and TNB, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act..
11. Ratings and Reviews Ratings and reviews and opinions or testimonials posted by users about Boxes or Goods do not represent the opinions or views or representations of TNB. We disclaim any and all representations related to any and all ratings, reviews and opinions or testimonials posted on the Services. TNB does not assume any liability or responsibility for any review, opinion, or testimonial, or for any damages, losses, or claims resulting from such.
12. Representations and Warranties. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TNB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TNB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TNB DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR AVAILABILITY OF GOODS YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TNB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR (ii) YOUR INABILITY TO ACCESS OR USE THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TNB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT OF MONEY PAID FOR THE GOODS OR SERVICES SUBJECT TO DISPUTE. . THE LIMITATIONS AND DISCLAIMER IN THIS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
13. Indemnity. You agree to defend, indemnify and hold harmless TNB, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: a. Your use of and access to the Services. b. Your violation of any term of this Agreement or any other agreement governing your relationship with TNB or with another user of this Services. c. Your violation of any third party right, including without limitation any copyright, contract, property, or privacy right; d. Any claim that one of your actions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services. e. Any claim against you by another user of the Services, or against TNB stemming from such user’s interaction with you, to the extent such action does not involve wrongdoing by TNB You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
14. Third Party Links. We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site. Additionally, users may be able to post third party links through content submitted to our Services. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.
15. Severability. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, TNB shall have the sole right to elect which provision remains in force.
16. Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
17. Termination and Cancellation. We may terminate or suspend the site or your account or any other provision of Services, Goods, Boxes, or subscriptions for Boxes to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Services account, you are solely responsible for properly cancelling your account. Cancellation may result in the immediate deletion of any content that you have submitted to the Services and TNB. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination or cancellation you may be entitled to a pro rata refund of paid for and undelivered Goods or Boxes.
18. Assignment. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.