New Naturists Terms of Service
Thank you for visiting the New Naturists ("site," "website"). This Site is provide by The Australian Naturist to provide a convenient, secure community, exploration, and shopping experience thates enriches and complements naturist lifestyles and activities. The following Terms of Service ("Terms") are designed to ensure that you, our website visitor ("you"), have a safe and fulfilling shopping experience. By using the Site, you agree to be bound by these Terms. Additionally, your explicit acceptance is required to complete all shopping transactions and to register for community interactions. Since, from time to time, the New Naturists (“New Naturists,” “The Australian Naturist,” “us,” “we,” “our”) may update the Site, the Terms, and/or the policies and conditions that govern the use of the Site, please review the Site and Terms periodically. Your continued access or use of the Site shall represent your acceptance of any changes and the reasonableness of the aforementioned standards for notification of changes.
Privacy. Please review our Privacy Policy, which also governs your visit to the Site.
Electronic Communications. When you visit the Site or send e-mails to us, you communicate with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Trademarks and Copyrights. All content on the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The Australian Naturist, New Naturists; or, in the case affiliate or third party content, the content suppliers. All registered trademarks and service marks on the Site, whether owned by The Autralian Naturist or its content partners, are proprietary and protected under applicable intellectual property law.
Your Account Obligations. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as required by registration and store checkout forms, and (b) maintain and promptly update your User and Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to the New Naturists Privacy Policy.
The password and username you submit when you (a) place an order, and/or (b) register on the Site are unique credentials that protect your personal, financial, and transaction data. You are responsible for maintaining the confidentiality of these credentials and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other known breach of security.
You must be at least 13 years of age to use and interact with this site. You must at least 18 years of age to place commerce orders from the New Naturists store. If we discover violation of these terms, we will immediately suspend the violating user account and cancel any outstanding product orders and subscriptions associated with the violating user and account.
Your Conduct. We do not permit any conduct by an user of the Site that restricts or inhibits any other user from using or enjoying the Site. Unacceptable conduct includes, but is not limited to, unlawful use of the Site; use of the Site to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We may also, at our sole discretion, further define acceptable conduct. If you engage or are suspected of having engaged in any unacceptable conduct, we may suspend or terminate your account and deny you any and all current and future use of the Site.
You agree that your use of robots, spiders, crawlers, wanderers, Web agents and other such automated processes on the Site will be Standard for Robot Exclusion (SRE) -compliant robots ("robots") and when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.newnaturist.com/robots.txt ("the robot.txt file"). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site, without prior notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion or assets of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Site Content. You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under applicable copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner
Links to Third Party Sites. This Site contains links to Sites and/or resources operated by third parties. We are not responsible for the content on sites to which we link. Moreover, a link does not express or imply any endorsement, obligation, or sponsorship by us in regards to the third-party site. We reserve the right to terminate a link to any third party Site at any time.
Content Submissions. We welcome community comments, articles, blog posts, reviews, and suggestions (collectively, "Submissions") concerning the Site. All Submissions are the property of The Australian Naturist and the New Naturists Site. Submissions that are posted directly to the site, such as article comments and reviews, are welcome; however unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious Submissions (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law) will be rejected and deleted. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. We reserve the right (but not the obligation) to monitor, edit and remove any Submission. If your Submissions represents a violation of the Conduct Terms heretofore described, we may also, at our sole discretion, suspend or terminate your account and/or forbid your future use of the Site.
By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the Submission is accurate to the best of your knowledge, and that the Submission does not violate this policy. You agree to indemnify The Australian Naturist and the Site against all claims and liabilities resulting from your Submission. We take no responsibility and assume no liability for any Submission.
DISCLAIMER
The Site and its Content is provided on an "as is," "as available" basis, without representations or warranties of any kind. To the full extent permitted by law, we discplaim all representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and for any merchandise offered on this site. We shall not have any liability or responsibility for any errors or omissions in the content of this site. We do not represent or warrant that the information on this site is accurate, complete, reliable, useful, timely, current, or available without interruption.
We do not endorse or make any representations or warranties about the options or other service or data you may access, download, or use as a result of the use of the information contained on this site, or about any third party sites you may link to through the Site.
We make no representation about the suitability of the content of the materials on this site for any purpose, and we shall have any risk or responsibility for your use of any of the content, beyond the responsibilities imposed by applicable law.
In no event shall we or any of our employees, directors, officers, agents, vendors, or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses that result from (i) the use of or inability to use the Site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions enetered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the service, whether in contract, negligence or other tortious action, even if we have been advised of or should have known of the possibility of such damages. In jurisdictions which do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation shall not be applicable to you.
Your use of the Site at your sole risk. We hope you find the site to be useful and interesting; however, if you are dissatisfied with the online store, its content, or with these Terms, your sole and exclusive remedy is to discontinue using the Site.
Our Rights. We may elect to monitor areas of the Site by electronic or other means, and we may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of our Customers, Sponsors, Providers, Licensors, or Merchants. However, we are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, at our sole discretion, whether to remove or to request the removal of such Content.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or these Terms.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer, to cancel any order or in whole or part, or refuse service to anyone for any reason.
We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Submissions or other Content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another party. By accessing and using this Site, you agree that your access and use is subject to these terms and conditions, as well as applicable laws, as governed and interpreted pursuant to the laws of the Queensland Australia. Any litigation arising from or in connection with your use of the Site shall be exclusively addressed in the courts of New South Wales Australia. Our failure to insist upon strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Sales Tax. To the degree that is possible, we will charge sales tax as required by laws applicable to the purchaser's shipping location.
General Terms. If any part of this agreement is ruled to be unenforceable, then such part shall be limited or eliminated to the minimum extent necessary. The balance of agreement will remain in full force and effect. These Terms constitute the entire agreement between us governing your use of the Site. Your use of affiliate services, third-party content, or third-party software may also be subject to the terms of conditions of third-party providers. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that, irrespective of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one year of the instigation of such claim or cause of action, or be forever barred. Any dispute against us must be filed in the courts of Queensland Australia.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.