THE NATIVITY STORE TERMS OF SERVICE
Last updated: April 8, 2021
Welcome to Thenativitystore.com! THE NATIVITY STORE ("THE NATIVITY STORE") provide website features and other products and services to you when you visit or shop at Thenativitystore.com, use THE NATIVITY STORE products or services, use THE NATIVITY STORE applications for mobile, or use software provided by THE NATIVITY STORE in connection with any of the foregoing (collectively, "THE NATIVITY STORE Services"). THE NATIVITY STORE provides the THE NATIVITY STORE Services subject to the following conditions.
By using THE NATIVITY STORE services, you agree to these conditions. Please read them carefully.
We offer a wide range of THE NATIVITY STORE Services, and sometimes additional terms may apply. When you use a THE NATIVITY STORE Service (for example, Thenativitystore.com, or THE NATIVITY STORE applications) you also will be subject to the guidelines, terms and agreements applicable to that THE NATIVITY STORE Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice (https://thenativitystore.com/pages/privacy-policy), which also governs your use of THE NATIVITY STORE Services, to understand our practices.
When you use THE NATIVITY STORE Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other THE NATIVITY STORE Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any THE NATIVITY STORE Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of THE NATIVITY STORE 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 THE NATIVITY STORE Service is the exclusive property of THE NATIVITY STORE and protected by U.S. and international copyright laws. To request permission to use any of our published material, please send an email with your request to email@example.com
All imprints, graphics, logos, page headers, button icons, scripts, brands, trade and service names included in or made available through any THE NATIVITY STORE Service are trademarks or trade dress of THE NATIVITY STORE in the U.S. and other countries. THE NATIVITY STORE's trademarks and trade dress may not be used in connection with any product or service that is not THE NATIVITY STORE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE NATIVITY STORE. All other trademarks not owned by THE NATIVITY STORE that appear in any THE NATIVITY STORE Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE NATIVITY STORE.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, THE NATIVITY STORE 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 THE NATIVITY STORE Services. This license does not include any resale or commercial use of any THE NATIVITY STORE Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any THE NATIVITY STORE Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by THE NATIVITY STORE or its licensors, suppliers, publishers, rights holders, or other content providers. No THE NATIVITY STORE Service, nor any part of any THE NATIVITY STORE Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THE NATIVITY STORE.
You may need your own THE NATIVITY STORE account to use certain THE NATIVITY STORE Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. THE NATIVITY STORE 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 THE NATIVITY STORE Services only with involvement of a parent or guardian. THE NATIVITY STORE reserves the right to refuse service, terminate accounts, terminate your rights to use THE NATIVITY STORE Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, patently false, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. THE NATIVITY STORE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant THE NATIVITY STORE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant THE NATIVITY STORE and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify THE NATIVITY STORE for all claims resulting from content you supply. THE NATIVITY STORE has the right but not the obligation to monitor and edit or remove any activity or content. THE NATIVITY STORE takes no responsibility and assumes no liability for any content posted by you or any third party.
THE NATIVITY STORE respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact firstname.lastname@example.org
RISK OF LOSS
All purchases of physical items from THE NATIVITY STORE 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.
RETURNS, REFUNDS AND TITLE
THE NATIVITY STORE does not take title to returned items until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return. In this situation, THE NATIVITY STORE does not take title to the refunded item. For more information about our returns and refunds, please reach out to email@example.com
THE NATIVITY STORE attempts to be as accurate as possible. However, THE NATIVITY STORE does not warrant that product descriptions or other content of any THE NATIVITY STORE Service is accurate, complete, reliable, current, or error-free. If a product offered by THE NATIVITY STORE itself is not as described, your sole remedy is to return it in unused condition within 30 days of receipt.
We 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 the correct price of an item sold by THE NATIVITY STORE is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Your credit card will be charged at the time of your purchase.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE THE NATIVITY STORE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE NATIVITY STORE SERVICES ARE PROVIDED BY THE NATIVITY STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE NATIVITY STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THE NATIVITY STORE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE NATIVITY STORE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THE NATIVITY STORE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE NATIVITY STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NATIVITY STORE DOES NOT WARRANT THAT THE THE NATIVITY STORE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE NATIVITY STORE SERVICES, THE NATIVITY STORE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE NATIVITY STORE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE NATIVITY STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE NATIVITY STORE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR MADE AVAILABLE BY YOU THROUGH ANY THE NATIVITY STORE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any THE NATIVITY STORE Service, or to any products or services sold or distributed by THE NATIVITY STORE or through THE NATIVITY STORE.com will be resolved by mediation followed by binding arbitration if necessary, rather than in court. The Federal Arbitration Act and federal arbitration laws apply to this agreement. Any such mediation and/or arbitration will take place in Salt Lake City, Utah. Each party will be responsible for their own costs and the cost of the mediator will be divided equally between the parties.
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 Conditions of Use as a court would. Notwithstanding any of the previous, the maximum amount THE NATIVITY STORE can be held liable for any claim is $1,000.
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.
By using any THE NATIVITY STORE Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and THE NATIVITY STORE.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
THE NATIVITY STORE
PO Box 30178
Salt Lake City, Utah 84130