Terms of Use
Effective Date: 17 February 2025
Welcome to NicholeCiotti.com (the “Website”), operated by Nichole Creative LLC (“we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our Website, including all content, features, and services offered herein.
1. Acceptance of Terms
By accessing or using the Website, you represent that you are at least the legal age of majority in your jurisdiction and agree to be bound by these Terms, our Privacy Policy, and any applicable Giveaway Rules. If you do not agree to these Terms, please do not use the Website.
2. Modifications to Terms
We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Website after any changes constitutes acceptance of the revised Terms. We recommend checking this page periodically for updates.
3. Website Content and Intellectual Property
Ownership
All content on the Website—including text, images, graphics, logos, videos, and software—is the property of Nichole Creative LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. The design and layout of the Website are proprietary to Nichole Creative LLC.
License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content without our express written consent.
4. User Conduct
When using the Website, you agree to:
- Comply with all applicable laws and regulations.
- Not interfere with the operation or security of the Website.
- Refrain from posting or transmitting any harmful, offensive, or infringing content.
- Not attempt to gain unauthorized access to any part of the Website.
5. Subscriptions and Paid Content
Subscriptions: Certain areas of the Website may require a subscription (free or paid) to access premium content or features. By subscribing, you agree to provide accurate, current, and complete information.
Billing: For paid subscriptions, you authorize us to charge your chosen payment method for applicable fees. You are responsible for maintaining the confidentiality of your account information.
6. Giveaway Participation
The Website may feature giveaways, or sweepstakes (“Giveaways”). Participation in any Giveaway is governed by its official rules, which are incorporated by reference into these Terms. By participating in a Giveaway, you agree to abide by its rules and acknowledge that your data will be processed in accordance with our Privacy Policy.
7. Third-Party Links and Content
The Website may include links to third-party websites or resources for your convenience. These links do not imply endorsement, and we are not responsible for the content, products, or services of such sites. Use these links at your own risk.
8. Disclaimer of Warranties
The Website and all content and services provided are offered “as is” without any warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free of harmful components. To the maximum extent permitted by law, Nichole Creative LLC disclaims all warranties, including those of merchantability and fitness for a particular purpose.
9. Limitation of Liability
Under no circumstances shall Nichole Creative LLC, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or use) arising from your use of or inability to use the Website—even if we have been advised of the possibility of such damages. Our total liability, if any, shall not exceed any amounts you have paid (if applicable) for accessing or using the Website.
10. Indemnification
You agree to indemnify and hold harmless Nichole Creative LLC, its affiliates, directors, officers, employees, and agents from any claims, losses, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website or your breach of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising out of these Terms or your use of the Website shall be resolved exclusively in the appropriate state or federal courts located in San Francisco County, California. By using the Website, you consent to the jurisdiction of these courts and waive any right to a jury trial or to participate in a class action.
12. Termination
We reserve the right to suspend or terminate your access to the Website at our sole discretion, without notice, for any violation of these Terms. Provisions of these Terms that by their nature should survive termination (such as intellectual property, disclaimers, indemnity, and limitations of liability) shall remain in effect.
13. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and Giveaway Rules, constitute the entire agreement between you and Nichole Creative LLC regarding your use of the Website.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision in the future.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at our discretion.
14. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Email: [email protected]
Mailing Address:
Nichole Creative LLC
548 Market Street
PMB 25929
San Francisco, CA 94104