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Terms of Service

Terms and Conditions of Use
User Generated Content Policy


Terms and Conditions of Use

(Effective April 20, 2019)

99tux ("99tux," "us," "our," or "we") maintains its website and other online or mobile sites as a service to our customers and to inform you about our many offerings. By using or accessing the sites owned, controlled or sponsored by 99tux, including www.99tux.com, its mobile applications, and all other sites, mobile sites, services, applications, tools and platforms where these Terms and Conditions appear or are linked (collectively, the "Site"), you agree to these Terms and Conditions. 99tux may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed. Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions.

BY ACCESSING OR OTHERWISE USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

The full Terms and Conditions are set forth below. If you are looking for information on a specific topic, please click on the appropriate bookmark in this Table of Contents.




Proprietary Rights/Limited License.

Unless otherwise noted, the Site, and all features and materials on the Site, including text, graphics, thumbnails, illustrations, images, photographs, video clips, and other content, and the copyrights, trademarks, trade dress, trade names and/or other intellectual property in such materials (collectively the "Contents"), are owned, licensed or otherwise controlled by 99tux. The compilation of the Contents included in or made available on the Site is the exclusive property of 99tux, and protected by copyright law. 99tux and its suppliers and licensors expressly reserve all intellectual property rights in the Contents. Please see the Trademarks page for more information about the trademarks of 99tux and its affiliates.

From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. 99tux reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (even after you have submitted your order).

99tux authorizes you to view the Contents on the Site, and to download and make a single copy of all or a portion of the Contents at your own risk and only for your PERSONAL NONCOMMERCIAL USE. You may not use the Site or any Contents for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You may not otherwise copy or download Contents, and may not modify, use or distribute the Contents, the Site, or any related software in any way unless you obtain the written permission of 99tux. In the event you download Contents as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the Contents. If you violate these Terms and Conditions, your permission to use the Contents terminates, and you agree to immediately destroy all copies of the Contents.



Prohibited Uses and Activities.

The Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation the Contents, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject 99tux, its affiliates, or any of the users of the Site to liability.

You agree that you will not use the Site for any of the following: (a) providing 99tux with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Contents posted by 99tux or any other person or entity without authorization; (c) harvesting or collecting personally identifiable information about other users of the Site; (d) using the Site to defame, harass, stalk, threaten, or otherwise violate the legal rights of others, including privacy or publicity rights; (e) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site; (f) taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure; (g) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of the Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (h) using or attempting to use, without 99tux's permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from 99tux on this Site and other than generally commercially available third-party web browsers (e.g., Microsoft Internet Explorer, Google Chrome, Mozilla FireFox, and Safari); (i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (j) aggregating, scraping, extracting, data mining, or duplicating in any manner any of the Contents or information available from the Site, except as otherwise expressly allowed by these Terms and Conditions; or (k) framing or linking to any of the Contents or information available from the Site without 99tux's written permission.

You are prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service or functionality to any user of the Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, flooding, spamming, mailbombing, or crashing this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site



Right to Limit / Deny Access.

99tux reserves the right to prohibit any user further access to its Site for violating these terms and conditions or any law. 99tux may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for 99tux, damage 99tux's image, cause harm to others, cause 99tux to lose (in whole or in part) the Site; or cause 99tux to lose (in whole or in part) the services of its ISPs or other suppliers.


Third Party Links.

99tux provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by 99tux, and 99tux assumes no responsibility for the content of any sites linked to this Site. 99tux is further unable to inspect or confirm that the materials or information contained on the site that are linked to the Site are correct in every case.

 

 

User Comments, Feedback and Other Submissions.

99tux welcomes your feedback and comments regarding our products and services, as well as photos, videos and other content (collectively "User Submissions"), at various places in the Site, including third party sites where we post content or invite your feedback, such as www.facebook.com/99tux, www.twitter.com/99tux_com, and www.instagram.com/99tux ("Social Media Platforms"). In addition to these Terms and Conditions, there are Guidelines that apply to your activities on our pages on such Social Media Platforms. Please note, however, that 99tux does not control those Social Media Platforms, and these Terms and Conditions and our Guidelines do not apply to companies that 99tux does not own or control, or to the actions of people that 99tux does not employ or manage. You should always check the terms of use posted on Social Media Platforms.

You may not use a false email address, impersonate any person or entity, or otherwise mislead 99tux or third parties as to the origin of the User Submissions. 99tux reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. 99tux takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.

Please note that we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any User Submissions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.

Any communication or other material you send to the Site by e-mail or other means, including your questions, suggestions, ideas, proposals, or comments, is not confidential or proprietary, and 99tux has no obligation of confidentiality, express or implied, regarding such communications. 99tux may have something similar to those communications already in development or under consideration. 99tux may use or otherwise exploit such User Submissions with or without attribution, and you are not entitled to compensation, payment, or reimbursement of any kind from 99tux for such materials under any circumstances unless you are otherwise notified in writing by 99tux.

By sending User Submissions or any other communications to the Site, you grant 99tux a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media.

Please refer to our User Generated Content Policy for further information and requirements on any content you submit to the Site.



User Transactions.

If you wish to purchase any product or service made available through the Site (each such purchase a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to 99tux the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

99tux reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user for making or completing any or all Transactions; (iv) refuse to provide any user with any product or service; and (v) cancel or refuse to process any submitted orders for any reason. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.



Colors and Styles.

99tux attempts to display as accurately as possible the colors and styles of the products shown on the Site. However, 99tux cannot and does not guarantee that your monitor’s display of any color or style will be accurate.



Customer Exclusive Offers.

99tux may, from time to time, test certain promotional offers. Should you be a customer selected for such a test, you will receive separate communications containing terms and conditions applicable to you. 99tux reserves the right to discontinue, amend, or modify these promotional offer terms and conditions at any time, without notice. 99tux's interpretation or application of these program terms and conditions will be binding on its customers.


Bundles.

99tux may, from time to time, offer bundles and, optionally, corresponding discount codes for those bundles. Bundles are groupings of products sold together at significant savings. 99tux reserves the right to discontinue, amend, or modify these bundles and any conditions at any time, without notice. Bundle discount codes can only be applied once per order and 99tux reserves the right to cancel any order that it deems does not qualify for the discount, at any time, without notice.

 

Privacy Policy.

99tux respects the privacy of its customers. The use of customers' personal information is governed by our privacy policy. As the privacy policy may be modified from time to time, please visit 99tux.com for the most recent version. Customers may exclude themselves from e-mails, calls, and mailings from 99tux, its subsidiaries, and affiliate companies by emailing help@99tux.com. Please review our PRIVACY POLICY which also governs your use of the Site, to understand our practices. The Privacy Policy is incorporated by reference into these Terms and Conditions.



Disclaimer of Warranties/Limitation of Liability/Indemnification.

THE SITE AND ALL INFORMATION, CONTENTS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY 99TUX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 99TUX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENTS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, 99TUX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 99TUX DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENTS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM 99TUX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, 99TUX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENTS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

99tux makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents by certain persons in certain countries may not be legally allowed. If you access the Contents outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 99tux may make changes to the Site, Contents and the product information and prices at any time without notice and without obligation to update the Contents. YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.



DMCA Notice – Notice and Procedure for Making Claims of Copyright Infringement.

99tux respects the rights of all copyright holders and we ask visitors to our site to do the same. Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), and you agree to comply with the processes outlined below in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide 99tux’s Copyright Agent the written information specified below. When a clear and valid notice is received pursuant to the guidelines set forth below, 99tux will respond by either taking down the allegedly infringing content or blocking access to it. 99tux may contact the notice provider to request additional information. Under the DMCA, 99tux is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send 99tux a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, please provide the following information in a written letter by regular mail or email only:


We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliance notice.

All DMCA notices for claims of copyright infringement on the Site should be sent to 99tux’s Copyright Agent as follows:

99tux
Legal Department
5348 Vegas Dr
Las Vegas, NV 89108
Phone: 1-844-44-99TUX
Email: legal@99tux.com



Applicable law; Disputes; Waiver of Right to Bring Class Action and Jury Trial.

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA, UNITED STATES OF AMERICA, WITHOUT REGARD TO NEVADA’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF NEVADA, LOCATED IN CLARK COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.

YOU AND 99TUX AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY BRING DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF THIS SITE AND/OR THESE TERMS AND CONDITIONS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITIES IN THE FORUM DESIGNATED IN THIS SECTION, AND, IN SO DOING YOU AND 99TUX HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER) AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT. YOU AND 99TUX FURTHER AGREE THAT, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.



Contact Us.

Contact us in one of the following ways:

Phone: 1-844-44-99TUX

Email: help@99tux.com

Address:
99tux
5348 Vegas Dr
Las Vegas, NV 89108






User Generated Content Policy

In addition to 99tux Terms and Conditions, which terms and definitions are incorporated by reference, this User Generated Content Policy (the "Policy") governs all User Submissions that you upload, post, email or otherwise transmit via or to the Site, including through Social Media Platforms (such as Facebook, Twitter, Youtube, or Instagram), and including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials.

99tux is pleased to hear from users and welcomes your comments regarding our products and services. Please keep in mind, however, that you are responsible for ensuring that your User Submissions comply with this Policy, and with any applicable law. By making a User Submission to 99tux, you represent and warrant that:


By sending User Submissions or any other communications to the Site, you grant 99tux a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media. You further represent and warrant that you will defend and indemnify 99tux and its affiliates for all claims resulting from any User Submission you provide. This license and indemnity obligation will survive the termination of this Agreement and your use of the Site.

99tux reserves the right to remove any User Submission from the Site for any reason.

User Submissions are subject to our DMCA Notice and Procedure for reporting claims of copyright infringement.

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