Conditions d'utilisation

TERMS OF USE

Table of Contents

Introduction 
Copyrights, Trademarks, and Patents 
User Content 
Social Media 
Accounts 
Permitted Uses 
Notification of Copyright Infringement (The U.S. Digital Millennium Copyright Act) 
Privacy 
Third-Party Services 
Website and Content Subject to Change 
Product Availability and Pricing 
Purchases 
Limitations on Purchases 
Shipping and Delivery 
Returns 
Export Control 
Warranty Disclaimer & Limitation of Liability 
Indemnity 
Governing Law; Dispute Resolution 
Class Action and Jury Trial Waiver 
Geographic Scope 
Our Communications To You 
Severability 
Additional Terms May Apply 
Changes 
Introduction 
These Terms of Use (“Terms”) and the Privacy Notice available on this website (collectively, the “Agreement”) apply to your use of this website, any associated mobile sites, services, applications, or platforms (“Platform”). Please review these Terms carefully, as they affect your legal rights. Your use of the Platform constitutes (i) your agreement and acceptance of the Agreement and (ii) your affirmation that you are of legal age to accept the Agreement or have obtained parental or guardian consent to do so. If at any time you violate or do not accept the Agreement, stop using the Platform as your access to and use thereof is unauthorized. As used in these Terms, "Nostalgia," "us," "our," or "we" refers to Nostalgia Products LLC which owns and operates the Platform. "You" and "Your" mean the user(s) of the Platform. 
THIS AGREEMENT CONTAINS BOTH AN EXCLUSIVE/PERSONAL JURISDICTION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRE THE USE OF COURTS WITHOUT A JURY IN A SPECIFIED JURISDICTION AND ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE EXCLUSIVE/PERSONAL JURISDICTION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE PLATFORM. 
Copyrights, Trademarks, and Patents 
All content on the Platform (including but not limited to graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws in the United States and around the world. We grant you permission to use the Platform and its contents for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Platform for commercial purposes, whether on behalf of yourself or a third party. 
All trademarks, service marks, and trade names are trademarks or registered trademarks of Nostalgia Products LLC, Nostalgia Products Group LLC, or other owners that have granted Nostalgia Products LLC license to use such Marks. 
User Content 
The Platform may enable you and others to submit reviews, ratings, comments, photos, videos, or other content (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content. You will only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide on the Platform; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content from our Platform for any reason. 
You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any Nostalgia product or service; or promotes commercial activities and/or sales without our prior written consent. 
Other than your personal information (e.g., your name, address, and email address), you grant us and our authorized third-party affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content. You acknowledge that all your User Content may be used and shared by us with third parties. 
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM, YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF. 
Social Media 
We welcome you to share User Content and information about our products and services through social media. When you use social media to share Platform content, you grant us the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms. 
Accounts 
You may be required to register for an account to access certain Platform services or content. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are also responsible for keeping your account information, including your email address, up to date. You agree to accept responsibility for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate or suspend your account for any reason. 
Permitted Uses 
You may use the Platform or your Account only in compliance with these Terms and all applicable laws. You may not use the Platform in any manner that could harm Nostalgia, its affiliates, its brands, or any person or property. In addition, you must not: 
1. violate or attempt to violate the security of the Platform; 
2. access Platform data that is not intended for the public; 
3. log on to a server or account which you are not authorized to access; 
4. probe or test the vulnerability of the Platform, our servers, or our network; 
5. attempt to interfere with network service, including through viruses, overloading, or crashing of network equipment; 
6. take any action that imposes, or may impose, an unreasonably large load on our servers; 
7. forge any data or communications; 
8. impersonate any third party, Nostalgia, or a Nostalgia employee, or send unauthorized communications on our behalf; 
9. reverse engineer, decompile or disassemble any software or portion of the Platform or use automated systems to scrape, harvest, copy or monitor any Platform content; or 
10. attempt to bypass or circumvent any technology or measures we use (or that is used on our behalf) to protect, prevent or restrict access to the Platform. 
Notification of Copyright Infringement (The U.S. Digital Millennium Copyright Act) 
If you are a copyright owner and believe that any content on the Platform infringes your copyrights, you may file a copyright infringement notification with us by mail to Nostalgia Products LLC, Attn: IP Administration, 1471 Partnership Drive, Green Bay, WI 54304 or email to [contact@nostalgiaproducts.com]. In your correspondence: 
1. Identify the copyrighted work that you claimed has been infringed. Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, provide a copy of the copyright registration certificate. 
2. Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots. 
3. Include your contact information, including your address, telephone number, and e-mail. 
4. Include the alleged infringer’s contact information, if available. 
5. Include and ensure that the following is true: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” 
6. Include and ensure that the following is true: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 
7. Sign the document (or have a person authorized to act on your behalf sign the document). 
Upon receipt of your notification, we may investigate and remove the applicable material at our sole discretion. 
Privacy 
You acknowledge that any personal information that you provide through the Platform will be used by Nostalgia in accordance with Nostalgia’s Privacy Policy, a copy of which is posted on the Platform, and which may be updated by Nostalgia from time to time. 
Third-Party Services 
The Platform may have links to or integrate with third-party websites or services (“Third-Party Services”). Use of a Third-Party Service is subject to the third party’s terms, conditions, and privacy policies, which may differ from ours, and the integration may enable the collection of data or information by the third party subject to its privacy policy. We do not make any representations about, and are not responsible for, products, services, or material of Third-Party Services, even if a particular third party is affiliated with us. 
Website and Content Subject to Change 
The Platform may make available listings, descriptions, and images of goods and services (collectively, “products”). While we try to maintain an error-free Platform, we do not guarantee that the Platform content is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements, weights, and descriptions are approximate and provided only for ease of explanation or convenience. We try to display product colors as accurately as possible, but colors may appear differently on your screen. All Products are intended for sale to and use by adults. 
Product Availability and Pricing 
We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service, and sometimes an item shown on the Platform may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time. 
In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. “MSRP” prices are the Manufacturer’s Suggested Retail Price, which may differ from the other online or retailer prices in your area. In some cases, intermediate markdowns may have been taken. 
Purchases 
If you wish to purchase products or services described on the Platform, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your Account, which allows you to make future purchases without re-entering information. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. 
We are required by law to collect all applicable sales taxes for all states and municipalities. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment. 
We accept all major credit cards: VISA, MasterCard, American Express and Discover. For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed in processing. We reserve the right to cancel any order that does not adhere to these criteria. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. 
All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested. Receiving an order acknowledgement via email does not guarantee the acceptance of an order. 
Limitations on Purchases 
We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases on the Platform by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction. 
Shipping and Delivery 
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Platform. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for products pass to you upon delivery of the products to the carrier. 
Delivery of products purchased from the Platform to addresses outside of the United States is limited. Some Products also have restricted delivery within the United Sates. Estimated delivery times are determined based on the method of shipping chosen when products are purchased and the destination of the products. 
Please visit our policy for Shipping and Delivery, which is incorporated by reference as part of these Terms. 
Returns 
Please visit our policy for Returns & Exchanges, which is incorporated by reference as part of these terms. 
Export Control 
You are responsible for complying with United States and foreign export controls and for any violation of such controls, including any United States embargoes or other rules and regulations restricting exports. You represent that you are not: (1) located in, or a resident or a national of, any country subject to a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (2) on any government list of restricted end users. 
Warranty Disclaimer & Limitation of Liability 
THE PLATFORM — INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND THE MANNER BY WHICH IT OPERATES — IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, CONTENT, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE PLATFORM OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE PLATFORM. THE FOREGOING DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY NOSTALGIA TO YOU THROUGH THE PLATFORM. 
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF NOSTALGIA, ITS REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS. 
NOSTALGIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT, OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF NOSTALGIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NOSTALGIA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE ALSO MADE ON BEHALF OF THE AFFILIATED ENTITIES. 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 
Indemnity 
You agree to defend (at Nostalgia’s option), indemnify and hold harmless Nostalgia and the Affiliated Entities from and against any and all liabilities, claims, damages, losses, costs and expenses (including attorneys' fees) arising out of or related to: (1) your use of, or activities in connection with, the Platform (including all User Content); and (2) any violation or alleged violation of this Agreement by you. Nostalgia reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Nostalgia if and as requested by Nostalgia in the defense and settlement of such matter. 
Governing Law; Dispute Resolution 
You agree that all matters relating to your access to or use of the Platform, including all disputes, will be governed by the laws of the United States and by the laws of the State of Wisconsin without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction and venue in the state and federal courts in Brown County, Wisconsin, consent and submit yourself to the jurisdiction of those courts, and waive any objection to such personal jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Nostalgia or any of its Affiliate Entities and you arising out of or in connection with your use of the Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolve through mediation, the parties shall be free to pursue any right or remedy available to them under applicable law, subject to the limitations and waivers set forth herein. 
Class Action and Jury Trial Waiver 
READ THE FOLLOWING CLASS ACTION AND JURY TRIAL WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS. 
EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER IN COURT OR OTHERWISE, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator against Nostalgia and/or the Affiliated Entities and, unless both You and We agree in writing, your claim may not be consolidated with another person’s claim. 
FURTHER, YOU AND WE EACH EXPRESSLY WAIVE TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER OR FOR ANY ALAIM RELATED THERETO. 
Geographic Scope 
The Platform is intended for use within the United States of America. Claims about our products or services are limited to the United States, unless otherwise disclosed. The Platform is intended to promote solely products that are sold in the United States. We do not represent or warrant that the Platform is appropriate or available for use outside the United States. 
Our Communications To You 
We may communicate with you electronically, including by posting notices on the Platform or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 
Severability 
If any provision of this Agreement is held unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, and all other provisions shall remain effective as originally written. 
Additional Terms May Apply 
Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control. 
Changes 
From time to time, we may change these Terms. We reserve the right to make these changes without notice, though we will update the "Last Updated" line at the beginning of these Terms after each revision. You are responsible for regularly reviewing these Terms, and your continued use of the Platform following any changes indicates your acceptance of those changes.

Contact Us 
If you have any questions regarding these Terms or our Privacy Notice, you can contact us at https://nostalgiaproducts.com or by mail at the following address: Nostalgia Products LLC, Attn: Customer Service, 1471 Partnership Drive, Green Bay, WI 54304.