Welcome to 40Nuggets ("40Nuggets" or "we").
We are committed to respecting your and the End Users' online privacy and recognize your need for appropriate protection and management of any Personal Information (as defined hereafter) you share with us.
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, pen name, personal profile, a home or other physical address, phone number, credit card details and an email address or other contact information.
In order to access and use the Services, you may be required to register and create an account with 40Nuggets (the "Account").
If you are required to create an Account, you will be asked to provide us with your name, email address, a username, a password that you will use to access your Account or the Services, and other specified information.
If you are provided with a username and password, it is your responsibility to remember and maintain the security and confidentiality of your username and password. You should not disclose your username and password to any other person.
All Personal Information provided by you, including your email address and other contact information, is owned by you and you may, at any time, request that we delete any or all Personal Information from our servers by contacting us at firstname.lastname@example.org. Please note that your Personal Information might be essential to the provision of Services and the deletion of any Personal Information may result in the termination of the provision of Services to you.
Children Under  Years of Age
Our website and Services are not directed toward children under 18 years of age and we will not knowingly collect personal information for any child under the age of 13.
The Way We Use Personal Information
In addition, we may combine your Personal Information and aggregate it with information collected from other users of the Services and the End Users, in order to better design the Services and its services, by analysing and evaluating the way the Services are being used. We may disclose such aggregated information as provided below.
Subject to applicable law, we may transfer your Personal Information and the information of End Users to 40Nuggets's third-party service providers, across borders, and from your country or jurisdiction to other countries or jurisdictions.
By using our website and Services, you give your consent to your Personal Information being stored and processed on serves located in the United States where our facilities are located. We shall use reasonable efforts to limit the use of such information and to ensure that appropriate confidentiality and security measures are in place.
We may also employ third party service providers to perform some of the services related to the Services (such as hosting and maintenance services, payments clearance services etc.). Such third parties will have limited access to your Personal Information to the extent necessary to perform their tasks, and are obligated not to disclose or use it for any other purpose. We may also use your email address to send you updates, newsletters or news regarding our services or those of our partners whose offers may interest you. You may choose not to receive such emails by sending a single email with the subject "BLOCK" to email@example.com. Please note that this email must be sent from the email account for which you or an End User wish to block such emails.
By using the Services, you agree that we collect data and information of End Users regarding their web site visits (such as how they navigate the web sites). Such information may be collected and stored. This information may include the internet protocol ("IP") address, browser and platform type, the length of the visit, the date and time of the End User's visit, the pages viewed and the order of those pages, the amount of time spent on particular pages, and the websites visited before and after and Personal Information.
We use this information mainly to monitor and analyse the commercial habits of End Users. As mentioned above, we may aggregate such data (alone or with Personal Information) for any purpose.
Subject to the provisions of any applicable law, we may disclose and share such aggregated information (from which your Personal Information cannot be isolated) with interested third-parties. We may also provide advertisers with aggregate information and/or non-identifying information about the Services and its users.
Cookies and Other Tracking Technologies
Some of our Services pages utilise "cookies" and other tracking technologies to collect information and to tailor the Services to the needs and interests of our customers. A "cookie" is a small text file that is transferred from the Services' servers to the computer’s hard drive, and uniquely identifies the End User's browser. Cookies can only be read by the server that sent them, and they cannot read data from the hard drive.
Please note that the End User may set most browsers to either notify when the End User receives a cookie or to block cookies. Further, the End User can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings.
Compliance with Laws and Law enforcement
We may disclose any and all information, including Personal Information, if we are required to do so by any applicable law or regulation, or an order of a court or other governmental body having jurisdiction.
Links to Other Websites
Our Services may contain links to other websites. Other websites may also reference or link to our Services. The fact that such links and advertisements are posted and presented on the Services is not an endorsement of, or representation of any kind in respect of those websites or their privacy policies and practices. We are not responsible for the privacy practices or the content of such other websites, and encourage you to review the privacy policies of those linked websites before using them.
Event of Merger, Sale, or Bankruptcy
In the event that 40Nuggets is acquired by or merged with a third party entity, we reserve the right, subject to applicable law, to transfer or assign the Personal Information and any other information we have collected as part of such merger, acquisition, sale, or other change of control.
In the event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, the Personal Information and any other information may, subject to applicable law, be treated, transferred, or used by third parties.
We are committed to protecting privacy. Protecting privacy online is an evolving area, and 40Nuggets's Services are constantly evolving to meet these demands. We employ commercially reasonable physical, administrative, and electronic security measures and precautions to protect Personal Information from unauthorized access or use and to ensure the integrity and security of Personal Information and any other information we gather about you and the End Users.
If the Personal Information or any other information is accessed by an unauthorized third party, we will not be responsible for any direct or indirect damage caused as a result of such unauthorized access. Unfortunately the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of any data transmitted to or through the Services. You acknowledge and agree that any transmission will be at your own risk.
We recommend that you keep your login and password private and secure. For the avoidance of doubt it is clarified (and you hereby agree) that we cannot and will not be liable for any loss or damage that arises as a result of any failure to protect your password or account information.
Terms and Conditions of Use
Acceptance of Terms
By using the Services or any part thereof, you agree to become bound by these Terms. If you do not agree to all the Terms, then you should refrain from using the Services.
Modification of the Terms
We reserve the right, at our sole and absolute discretion, to modify or replace these Terms or any part thereof at any time. We will make effort to notify you of any such amendment by posting a notification to that effect on the 40Nuggets blog. Use of the Services by you following such notification constitutes your acceptance of the Terms as modified. You accept to visit this blog on a regularly basis to monitor any modifications to the Terms.
In order to access and use the Services, you may be required to register and create an account with 40Nuggets (the "Account").
In order to register and create an Account or access the Services, you agree to comply with the following requirements:
- If and to the extent that you use our Services, you use them as part or in the course of your business, trade or profession, and you do not wish them to be supplied to you for your own private use. It is clarified that the Services are not of a type ordinarily supplied for private use or consumption and are not sold for that purpose.
- You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- If you are required to provide 40Nuggets with information about yourself. You will provide 40Nuggets with accurate and complete information. You will also keep such information up-to-date at all times.
- If your Account is terminated by 40Nuggets, you will not create a new account without our permission.
When using the Services, you agree to comply with the following requirements at all times:
- You will comply with any law or regulation applicable to you, including, for the avoidance of doubt, any laws in jurisdictions with which you have a nexus regarding Internet privacy and SPAM.
- You will not sell, lease or otherwise transfer your Account, nor will you buy or rent an Account, or accept any transfer thereof, from any person without our permission.
- You will not interfere, attempt to interfere, or assist anyone in interfering or attempting to interfere with the proper functioning of the Services.
- You will not modify, attempt to modify, or assist anyone in modifying or attempting to modify any software or file that is part of the Services without our permission.
- You will not disrupt, disable, overburden or impair the Services or the proper working of any server(s) we use to operate or support the Services, or attempt to do so, or assist anyone in doing so or attempting to do so.
- You will not perpetrate, try to perpetrate, or assist anyone in perpetrating or trying to perpetrate any attack on the Services, be it by means of viruses, by using automated means (such as harvesting bots, robots, spiders, or scrapers) or by any other means.
- You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive, by whatever means, the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from or about the Services.
- You will not make improper use of the support service we offer or submit false or misleading reports or queries.
- You will not access, try to gain access, or assist anyone in accessing or trying to gain access to Accounts registered to other users.
- You will not access, intercept or otherwise collect, or attempt to do so, or assist anyone in doing so or attempting to do so, by whatever means, information from or through the Services or from Accounts registered to other users.
- You will not solicit, attempt to solicit or assist anyone in soliciting or attempting to solicit personal or login information from other users of the Services.
- You will not use the Services to transmit unauthorized commercial communication or any other unauthorized communications such as spam, junk mail and other unsolicited communication to users, end users and third parties, chain letters, or any other material that promotes malware, spyware and other downloadable items.
The Services may allow you to communicate with users of Internet data, and third parties ("End Users") or to otherwise post or transmit information or content, whether such communication was initiated by you or nor not, whether the communication is inbound or outbound.
When communicating with the End Users, you will ensure that such communication with the End Users:
- is not unlawful, libellous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent, or racially, sexually, religiously, or otherwise objectionable or offensive;
- does not constitute, encourage, aid, assist or provide instructions for a criminal offense or an infringement of applicable laws or regulations;
- does not infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party; and
- does not contain any nudity, excessive violence or offensive subject matter or a link to such content.
40Nuggets is not liable for any communication with the End Users transmitted or posted by you or any third party, or for any loss thereof or damage thereto, or for any unauthorized communication with the End Users you may encounter. Your use of the Services is at your own risk.
40Nuggets has no obligation to screen, edit or monitor any Communication with the End Users but we reserve the right, in our absolute discretion, to remove, screen or edit any Communication with the End Users or part thereof at any time, for any reason and without notice.
End User Data and Information
All right, title and interest in and to the Services and all content and any other materials contained therein, including without limitation all copyright, trademark, patent and other intellectual property rights therein, shall be and remain the sole and exclusive property of 40Nuggets or its licensors. 40Nuggets, the 40Nuggets logos, and all game names are trademarks of 40Nuggets and may not be used without our express prior written consent.
You expressly acknowledge and agree that:
- you will not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any part of the Service;
- you will not copy, redistribute, publish or otherwise exploit material from the Services, except as expressly permitted herein;
- all comments, feedback, suggestions, ideas, and other submissions (the "Ideas") you disclose, offer or submit to 40Nuggets in connection with the use of the Services shall be the exclusive property of 40Nuggets, and 40Nuggets is entitled to use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you; and
- you shall have no ownership or other property interest in your Account, and all rights in and to the Account are and will forever be owned by and inure to the benefit of 40Nuggets.
Disclaimers and Limitation of Liability
You expressly acknowledge and agree that:
- use of the Services is at your sole risk;
- the Services are provided on an "as is" and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement;
- we have no control over, and no duty to take any action regarding: (i) which End Users gain access to the Services; (ii) what effects the content may have on you; (iii) how you may interpret or use the Services; or (iv) what actions you may take as a result of having been exposed to the Services;
- the Services may direct you to websites containing information that may be offensive or inappropriate and 40Nuggets makes no representations concerning any such content and is not responsible or liable for the accuracy, copyright compliance, legality or decency of any such content;
- to the fullest extent permitted by any applicable law, 40Nuggets (including its subsidiaries and affiliates) shall not be liable for any damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that 40Nuggets (including its subsidiaries and affiliates) shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the Service;
- you further specifically acknowledge that 40Nuggets (including its subsidiaries and affiliates) is not liable, and you agree not to seek to hold 40Nuggets (including its subsidiaries and affiliates) liable, for the conduct of third parties, including other users of the Service, end users and operators of external sites, and that the risk of the Service and external sites and of injury from the foregoing rests entirely with you;
- your sole and exclusive remedy for any dispute with us is to stop using the Service and to terminate your Account; and
- some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, therefore, some of the above limitations in the section may not apply to you.
You agree to defend, indemnify and hold harmless 40Nuggets (including its subsidiaries and affiliates) from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, or arising from (a) Data Collection; (b) your breach of these Terms; (c) your access, use or inability to access or use the Services; (d) breach of any third party rights (or any End User rights), including without limitation, any copyright, proprietary, or privacy right; or (e) your failure to comply with any law or regulation applicable to your business activities.
If you wish to terminate your Account, you may simply discontinue your use of the Services or contact us by email to contact@40Nuggets.com stating that you wish to terminate your Account.
40Nuggets may terminate or suspend the Services or your Account immediately, at its sole discretion, without prior notice or liability, if you are breaching, or if we suspect that you are, any terms or conditions of these Terms, all without prejudice to any other legal or equitable remedies that we may seek.
Upon termination of your Account, your right to use the Services will immediately cease.
All the provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property (paragraph 7), Disclaimers and Limitation of Liability (paragraph 8), Indemnity (paragraph 9) and Law and Jurisdiction (paragraph 16).
In the event you have a complaint about the Services you should contact us by email contact@40Nuggets.com with a view to resolving the matter. Complaints will receive a return email to confirm receipt and to confirm that we are dealing with the complaint. You will receive a response to the complaint within 14 days of the complaint. If a complaint requires further investigation and referral to an alternative person, you will be advised of this within that time. Where a complaint requires further investigation, every effort will be made to complete the investigation within 21 days of receipt, after which we will contact you with the findings, recommendations and any proposed actions.
40Nuggets may assign any of its rights under these Terms to any third party at its sole discretion, at any time, without your consent, whereas you are not entitled to assign any of your rights under these Terms without our permission.
No waiver by 40Nuggets of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated in writing. If 40Nuggets fails at any time to insist upon strict performance of any of the terms and conditions of these Terms, or if 40Nuggets fails to exercise any of the rights or remedies to which it is entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions of these Terms which will continue to be valid to the fullest extent permitted by law.
These Terms represent the entire agreement between 40Nuggets and you in relation to the subject matter hereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 40Nuggets and you acknowledge that by entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other except as expressly stated in these Terms.
Law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be interpreted in accordance with the laws of the State of Ohio without regard to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations; and Ohio law, Ohio law, rules and regulations shall prevail and govern. You agree that all claims you may have arising from your use of the Services which you may bring against 40Nuggets will be under the exclusive jurisdiction of the Courts of Cuyahoga County, Ohio. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.