TERMS OF USE

Welcome to store.nuclearblastusa.com. Nuclear Blast America, Inc. and/or its affiliates (“Nuclear Blast America” or “we”) provide website features and other products and services to you when you visit or shop at store.nuclearblastusa.com (also referred to as the “Site”), use Nuclear Blast America products or services, use Nuclear Blast America applications for mobile, participate in the “Nukes!” reward program, or use software provided by Nuclear Blast America in connection with any of the foregoing (collectively, “Nuclear Blast America Services”). Nuclear BlastAmerica  provides the Nuclear Blast America Services subject to the following conditions (collectively “Terms of Use”).

The Terms of Use may be amended from time to time in Nuclear Blast America’s sole discretion. Nuclear Blast America will post a notice on store.nuclearblastusa.com any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Nuclear Blast America Services and the Site. YOU AGREE THAT BY USING THE NUCLEAR BLAST AMERICA SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

This is a binding agreement. By using Nuclear Blast America Services, you agree to these conditions. Please read them carefully.

Nuclear Blast America offers a wide range of Nuclear Blast America Services, and sometimes additional terms may apply. When you use a Nuclear Blast America Service (for example, the Nuclear Blast America web store) you also will be subject to the additional guidelines, terms, and agreements applicable to that Nuclear Blast America Service (“Service Terms”), if any. If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

1. PRIVACY

Please review our Privacy Policy, which also governs your use of Nuclear Blast America Services, to understand our practices. Privacy Policy. Nuclear Blast America’s privacy policy is expressly incorporated into these Terms of Use by this reference.
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2. ELECTRONIC COMMUNICATIONS

When you use any Nuclear Blast America Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Nuclear Blast America Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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3. COPYRIGHT

All contents of this website and the Nuclear Blast America Services are copyrighted material as follows: Copyright © 2013 Nuclear Blast America, Inc. All rights reserved.

All content included in or made available through any Nuclear Blast America Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Nuclear Blast America or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Nuclear Blast America Service is the exclusive property of Nuclear Blast America and protected by U.S. and international copyright laws.
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4. TRADEMARKS

“Nuclear Blast” and its associated logos are trademarks and/or service marks of Nuclear Blast. All other trademarks, service marks, and logos used on or through the Service are the trademarks, service marks, or logos of their respective owners.

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nuclear Blast America Service are trademarks or trade dress of Nuclear Blast America in the U.S. and other countries. Nuclear Blast’s trademarks and trade dress may not be used in connection with any product or service that is not Nuclear Blast’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nuclear Blast. All other trademarks not owned by Nuclear Blast that appear in any Nuclear Blast America Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nuclear Blast America.
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5. LICENSE AND ACCESS

Subject to your compliance with these Terms of Use, Nuclear Blast America or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nuclear Blast America Services. This license does not include any resale or commercial use of any Nuclear Blast America Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Nuclear Blast America Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Nuclear Blast America or its licensors, suppliers, publishers, rights holders, or other content providers. No Nuclear Blast America Service, nor any part of any Nuclear Blast America Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nuclear Blast America. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nuclear Blast America without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nuclear Blast America’s name or trademarks without the express written consent of Nuclear Blast America. You may not misuse the Nuclear Blast America Services. You may use the Nuclear Blast America Services only as permitted by law. The licenses granted by Nuclear Blast America terminate if you do not comply with these Terms of Use.
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6. YOUR ACCOUNT

If you use any Nuclear Blast America Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not use the account, username, or password of someone else at any time. You agree to notify Nuclear Blast America immediately on any unauthorized use of your account, user name, or password. Nuclear Blast America shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Nuclear Blast America, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Nuclear Blast America does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18 you may use the Nuclear Blast America Services only with involvement of a parent or guardian who is over 18 years old. Nuclear Blast America reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion and without notice to you. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content.
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7. COPYRIGHT COMPLAINTS

Nuclear Blast America respects the intellectual property of others. We respond quickly to the concerns of rights owners about any alleged infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing and provide us with this information:

- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.

This information should be sent to:

Nuclear Blast America, Inc.
c/o Kuznetsky Law Group, P.C.
6565 Sunset Boulevard, Suite 311
Hollywood, CA 90028
USA

Please note that this procedure is exclusively for notifying Nuclear Blast America that your copyrighted material has been infringed.
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8. RISK OF LOSS

All items purchased from Nuclear Blast America are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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9. RETURNS, REFUNDS, AND TITLE

All sales are final. However, if you receive a damaged or defective item, Nuclear Blast America will ship you a replacement of the exact item after the damaged or defective item has been returned. The damaged or defective item must be returned within thirty (30) days of when it was purchased, after which Nuclear Blast America will ship the replacement item within six (6) weeks. Nuclear Blast America does not take title to returned items until the item arrives at our fulfillment center.
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10. PRODUCT DESCRIPTIONS

Nuclear Blast America attempts to be as accurate as possible. However, Nuclear Blast America does not warrant that product descriptions or other content of any Nuclear Blast America Service is accurate, complete, reliable, current, or error-free. If a product offered by Nuclear Blast America is not received as described, at Nuclear Blast America’s sold discretion Nuclear Blast America may allow a refund after the item is returned in unused condition.
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11. PRICING

All prices are in U.S. currency. Items in your shopping cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.

Some discounts are limited-time offers. Also, as the discount we are able to offer for any item is dependent upon its availability, the price for such discounted items will necessarily change on occasion.

With respect to items sold, Nuclear Blast America cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If Nuclear Blast America discovers a mispricing, it will do one of the following: (1) if an item's correct price is lower than our stated price, Nuclear Blast America will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than stated price, Nuclear Blast America will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Nuclear Blast America will charge your credit card upon your placement of an order.
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12. OTHER BUSINESSES

Parties other than Nuclear Blast America operate stores, provide services, or sell product lines on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Nuclear Blast America does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
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13. PROHIBITED USES

Nuclear Blast America imposes certain restrictions on your permissible use of Nuclear Blast America Services. You are prohibited from violating or attempting to violate any security features of store.nuclearblastusa.com, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using Nuclear Blast Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Nuclear Blast America in providing the Nuclear Blast America Services. Any violation of system or network security may subject you to civil and/or criminal liability.
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14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE NUCLEAR BLAST AMERICA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUCLEAR BLAST AMERICA SERVICES ARE PROVIDED BY NUCLEAR BLAST ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NUCLEAR BLAST AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NUCLEAR BLAST AMERICA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUCLEAR BLAST AMERICA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NUCLEAR BLAST AMERICA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUCLEAR BLAST AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUCLEAR BLAST AMERICA DOES NOT WARRANT THAT THE NUCLEAR BLAST AMERICA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUCLEAR BLAST AMERICA SERVICES, NUCLEAR BLAST AMERICA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NUCLEAR BLAST AMERICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUCLEAR BLAST AMERICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NUCLEAR BLAST AMERICA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NUCLEAR BLAST AMERICA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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15. INDEMNITY

You agree to indemnify Nuclear Blast America for your acts and omissions. You agree to indemnify, defend, and hold harmless Nuclear Blast America, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of store.nuclearblastusa.com, your violation of these Terms of Use, or your infringement, or infringement by any other user, of your account of any intellectual property or other right of any person or entity. Nuclear Blast America will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
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16. ARBITRATION

Any dispute or claim relating in any way to your use of any Nuclear Blast America Service, or to any products or services sold or distributed by Nuclear Blast America or through store.nuclearblast.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered California agent: Michael D. Kuznetsky, Kuznetsky Law Group, P.C. 6565 Sunset Boulevard, Suite 311, Hollywood, CA 90028. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Nuclear Blast America will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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17. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Nuclear Blast Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
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18. APPLICABLE LAW AND VENUE

By using any Nuclear Blast America Service, you agree that the Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Nuclear Blast America.

Any suit, action, arbitration, or proceeding arising out of or relating to this Terms of Use or the Nuclear Blast America Services shall only be instituted in the County of Los Angeles, State of California. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court or arbitrator in any such suit, action, arbitration, or proceeding.
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19. SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our Site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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20. HOW TO SERVE A SUBPOENA

If you have a subpoena to serve on Nuclear Blast America, please note that Nuclear Blast America does not accept service via e-mail or fax and will not respond to subpoenas served in this manner. All subpoenas must be properly served on Nuclear Blast America, Inc., preferably by mailing the subpoena to Nuclear Blast America’s registered California agent: Michael D. Kuznetsky, Kuznetsky Law Group, P.C. 6565 Sunset Boulevard, Suite 311, Hollywood, CA 90028.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of party whose information is sought; and IP address and complete time stamp information.
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