NIKA CHERRELLE’S

Innovating the way you play!

Terms of Use

Effective Date: August 14th, 2016
Last Updated: Agust 14th, 2016

Thank you for visiting Nika Cherrelle’s (www.nikacherrelles.com) and Trigger Happy Toy (www.triggerhappytoy.com) websites (hereinafter “this site” or “this website”). These websites are owned and operated by Nika Cherrelle’s and Trigger Happy Toy (“we,” “us,” or “the Company”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING WWW.NIKACHERRELLES.COM OR WWW.TRIGGERHAPPYTOY.COM.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Cherrelle’s and Trigger Happy Toy

Nika Cherrelle’s is a design and prototyping company based in Oakland, California, specializing in unique adult novelties and fine art. Through our work we hope to inspire and empower everyone to enjoy their sexuality and their sex lives. You can count on our products to be made with top-quality materials. We ship to you promptly and stand behind our merchandise with the best guarantee in the business.

Some items sold on this website are sold as adult novelties. There may be merchandise that is not legal in your city, county, or state. It is the obligation of the customer to check local, county, and state laws and ordinances before ordering. Nika Cherrelle’s and Trigger Happy Toy assumes no responsibility for merchandise deemed illegal by your state or local authorities.

Agreement to Website Terms of Use

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. When you visit or shop at this website, you automatically agree to be bound by these Terms of Use regardless of whether you have read through all the applicable terms. If you do not agree to these terms and conditions, please do not use this site.

Internet technologies, and the laws related to them, change frequently, and accordingly, Nika Cherrelle’s and Trigger Happy Toy reserves the right to modify or terminate these Terms of Use, or any part of them, without notice at any time, for any reason. We will post a notice of such modified Terms of Use on the home page of this website. By continuing to use this website after Nika Cherrelle’s and Trigger Happy Toy posts any such changes, you agree to be bound by the modified terms of this Agreement. Nika Cherrelle’s and Trigger Happy Toy may, at any time: modify or discontinue all or any part of this website; charge, modify or waive fees required to use the website; or offer opportunities to some or all website users.

Nika Cherrelle’s and Trigger Happy Toy may terminate this Agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or it may terminate this Agreement for its convenience.

Rules of Conduct for Website Users

Use by Adults Only

This website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use this website. Your use of this website will be deemed to be a representation that you are 18 years of age or older.

Use of Electronic Communications

When you visit this website, you are communicating with Nika Cherrelle’s and Trigger Happy Toy electronically. You consent to receive communications from Nika Cherrelle’s and Trigger Happy Toy electronically. We will communicate with you by email or by posting notices on this website. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that the site provides to you electronically satisfy any legal requirement that such communications be in writing.

Creating an Account; Security Matters

You may create your own account by completing the online registration process on this website. You are required to register with the site in order to access certain services or areas of this website. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name or email address that (1) is already being used by someone else; (2) may be construed as impersonating another person; (3) belongs to another person; (4) violates the intellectual property or other rights of any person; (5) that is offensive; or (6) we reject for any other reason in our sole discretion.

Your username and password are for your Business use only. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The site reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You represent and warrant that any information that you provide in connection with your use of this website is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, Nika Cherrelle’s and Trigger Happy Toy may terminate your use of this website.

You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.

You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Nika Cherrelle’s and Trigger Happy Toy website or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the Nika Cherrelle’s and Trigger Happy Toy website.

Sale of Account

Account owners may not sell their accounts to another party without the expression written consent of Nika Cherrelle’s and Trigger Happy Toy.

No Unlawful or Prohibited Uses

The website may only be used for lawful purposes. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms & Conditions. Prohibited activities include, but are not limited to, tampering with the website, misrepresenting the identity of a user, or using buying agents or conducting fraudulent activities on the website.
You are prohibited from violating or attempting to violate the security of this website, including, without limitation:

accessing data not intended for you or logging onto a server or an account that you are not authorized to access
using this website for unintended purposes or trying to change the behavior of the website;
attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
forging any header or any part of the header information in any email or posting; or
forging communications on behalf of this website (impersonating this website) or to the website (impersonating another user).

Sending unsolicited and unauthorized email on behalf of this website, including promotions and/or advertising of products or services, is expressly prohibited.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than the search engine and search agents provided by the website or generally publicly available browsers. Violations of system or network security will result in immediate termination of your account and may result in civil or criminal liability.

Further, you will not:

Post, transmit, or otherwise make available through or in connection with this website.
1. Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
2. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” cracking,” or “phreaking”; or
3. Any material, non-public information about a company without the proper authorization to do so;
Use the website to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of this website;
Impersonate any person or entity, including without limitation any representative of Nika Cherrelle’s or Trigger Happy Toy;; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this website; or express or imply that we endorse any statement you make;
Restrict or inhibit any other person from using this website (including without limitation by hacking or defacing any portion of the website);
Use the website to advertise or offer to sell or buy any goods or services without the express prior written consent of Nika Cherrelle’s or Trigger Happy Toy;;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to this website;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of this website;
Remove any copyright, trademark or other proprietary rights notice from this website or materials originating from this website;
Frame or mirror any part of this website without express prior written consent of Nika Cherrelle’s or Trigger Happy Toy;; or
Create a database by systematically downloading and storing this website’s content.

Transactions

Nika Cherrelle’s and Trigger Happy Toy makes available products and services for purchase through its website. Nika Cherrelle’s and Trigger Happy Toy may use third–party suppliers and service providers to enable e–commerce functionality on the website. If you wish to purchase any product or service made available through the website (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 information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARDS or PAYPAL™ ACCOUNT UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the website 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.

Descriptions and images of, and references to, third–party products or services available in connection with the website do not imply endorsement of such third–party products or services by Nika Cherrelle’s and Trigger Happy Toy. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website.

By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non–public, home use (where no admission fee is charged) and may not be duplicated. Nika Cherrelle’s and Trigger Happy Toy reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the website, 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.

When you checkout, the shipping costs are an estimate and the actual shipping costs could be more or less than what the shopping cart estimates. On a weekly basis, we will reconcile your actual shipping charges against your account balance and notify you by email. Debit balances owed the Site are charged to your credit card on file. Credit balances remain in your account for your next purchase.

International Ordering & Shipping

All international orders MUST be paid via wire transfer. For orders less than $1000, we also accept payments via Paypal™. Once an order history is available, the website may elect to elevate the status of your account to accept payment by credit card. We assume NO responsibility for your shipments once they have left our warehouse. We accept no responsibility if your items are opened, damaged, and or confiscated by the customs agents in your country. The customer is responsible for all freight charges, insurance, handling charges and customs fees.

Refused/Returned Orders

Nika Cherrelle’s and Trigger Happy Toy may assess a 25% restocking fee and all applicable freight and handling charges will be debited to your account for refused/returned orders. If the fault is with this website, the order will be fully credited or reshipped at our expense. For drop shipping, if the mail courier fails to locate your customers address Nika Cherrelle’s and Trigger Happy Toy assumes NO liability for failed shipments and you agree to pay all return shipping costs, re-shipping costs, fees and or refunds due to your customers if they cancel the order.

Effective January 1, 2013, UPS has implemented an address verification system. If they are required to change an address to make delivery, they will assess a fee of $12.00. Additionally, if UPS is required to intercept a package in route, they will assess an additional fee of $16.00. These additional fees will be charged to your account/credit card.

Colors

Nika Cherrelle’s and Trigger Happy Toy strives to display as accurately as possible the colors of the products shown on the website. However, because the colors you see will depend on your monitor, Nika Cherrelle’s and Trigger Happy Toy cannot guarantee that your monitor’s display of any color will be accurate. Additionally, colors may vary in production.

Availability, Errors, and Inaccuracies

If an item is out of stock, it cannot be purchased. The depiction of the product package you order may differ from the product package you receive.

The website’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. Nika Cherrelle’s and Trigger Happy Toy makes a conscientious effort to describe and display its products and services accurately on this website. Despite these efforts, a small number of the items on this website may be described inaccurately or be unavailable, and we may experience lags in uploading updates throughout the website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, availability and services. Nika Cherrelle’s and Trigger Happy Toy reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.

Any merchandise not in stock will be automatically canceled and refunded to your account balance.

Risk of Loss

The risk of loss and title to products purchased on this website pass to the purchaser upon delivery to USPS, UPS, or any other carrier.
Customs departments in each country often have regulations that should be investigated prior to placing orders; these may pertain to duty taxes and-or allowable items. Nika Cherrelle’s and Trigger Happy Toy is not responsible for any additional expenses incurred or for the retention of your order by customs if it does not pass inspection and you will not be refunded. You are responsible for all expenses in these circumstances.

Returns

Nika Cherrelle’s and Trigger Happy Toy will accept returns of defective or incorrect items only. All returns require prior authorization. Once authorization has been given, you will receive return instructions via email. Returns received without a return authorization number will be refused.

Contact Nika Cherrelle’s and Trigger Happy Toy as soon as possible regarding a defective or incorrect item for an RMA (return merchandise authorization). You may need to send the item back to us with a note describing the defect, and the order reference/ invoice number for the original purchase, as well as a copy of the packing slip. We will replace the item for you, or, if the item is no longer available, we may replace the item with a similar product of equal or greater value.
The DEFECTIVE goods must be in their original condition & original packaging.
The DEFECTIVE goods must be received by us within 30 days from the day you receive your order.

Typographical Errors – Pricing

In the event that a Nika Cherrelle’s and Trigger Happy Toy product is mistakenly listed at an incorrect price, Nika Cherrelle’s and Trigger Happy Toy reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nika Cherrelle’s and Trigger Happy Toy reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nika Cherrelle’s and Trigger Happy Toy shall issue a credit to your credit card account in the amount of the incorrect price.

Privacy Matters

We value your privacy. You must read our Privacy Policy, which details our privacy policy and practices. In addition to these Terms and Conditions, the Privacy Policy also governs your visit to this website, and by using this website, you agree to be bound by the terms of our Privacy Policy.

Limitation of Warranties

Nika Cherrelle’s and Trigger Happy Toy Website Warranties

THE INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIKA CHERRELLE’S AND TRIGGER HAPPY TOY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS WEBSITE. NIKA CHERRELLE’S AND TRIGGER HAPPY TOY MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIKA CHERRELLE’S AND TRIGGER HAPPY TOY FURTHER MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE WEBSITE. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Links to Third-Party Websites; Limitation of Warranties

SIMILARLY, THERE ARE NO WARRANTIES REGARDING ANY INFORMATION OR PRODUCTS OFFERED THROUGH ANY THIRD-PARTY WEBSITES HYPERLINKED TO THIS WEBSITE. SUCH LINKS ARE PROVIDED FOR YOUR REFERENCE ONLY. NIKA CHERRELLE’S AND TRIGGER HAPPY TOY DOES NOT CONTROL SUCH THIRD PARTY SITES AND IS NOT RESPONSIBLE FOR THE CONTENT OF OR ANY PRODUCTS OR SERVICES OFFERED ON THOSE SITES. THIRD-PARTY SITES HAVE SEPARATE PRIVACY AND DATA COLLECTION PRACTICES, INDEPENDENT OF NIKA CHERRELLE’S AND TRIGGER HAPPY TOY. THE MATERIAL COULD CONTAIN INACCURACIES OR BE OUTDATED. LINKED SITES ARE ONLY FOR YOUR CONVENIENCE AND THEREFORE YOU ACCESS THEM AT YOUR OWN RISK.

Links to Third-Party Websites; Limitation of Warranties

Similarly, there are no warranties regarding any information or products offered through any third-party websites hyperlinked to this website. Such links are provided for your reference only. Nika Cherrelle’s does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. Third-party sites have separate privacy and data collection practices, independent of Nika Cherrelle’s. The material could contain inaccuracies or be outdated. Linked sites are only for your convenience and therefore you access them at your own risk.

Limitation of Liability and Damages

IN NO EVENT WILL NIKA CHERRELLE’S OR TRIGGER HAPPY TOY BE LIABLE TO ANY PERSON FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (1) DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (2) LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR (3) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF NIKA CHERRELLE’S OR TRIGGER HAPPY TOY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOU FULLY ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE CONTENT OF THIS WEBSITE AND ALL PRODUCTS SOLD THEREON. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend, and hold harmless harmless Nika Cherrelle’s and Trigger Happy Toy, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

User Submissions and Responsibilities

You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use any submitted material; that the same is accurate; and that use of the submitted material will not cause injury to any person or entity.

Harassment Not Tolerated

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nika Cherrelle’s and Trigger Happy Toy or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Disclaimer About Materials You Submit

Nika Cherrelle’s and Trigger Happy Toy does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nika Cherrelle’s and Trigger Happy Toy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nika Cherrelle’s and Trigger Happy Toy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Nika Cherrelle’s and Trigger Happy Toy in its sole discretion.

If you submit information to us or post information or materials to the website, excluding financial information related to purchasing an item, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, video or other media materials, concepts or other information (collectively, the “Submitted Information”), you are granting a license (additional details below) to the submitted material to Nika Cherrelle’s and Trigger Happy Toy free of charge. Subject to the Nika Cherrelle’s and Trigger Happy Toy Privacy Policy, the Submitted Information will be treated as non-confidential and non-proprietary and may be used by Nika Cherrelle’s and Trigger Happy Toy for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the website, on a public forum, or in any other manner. Nika Cherrelle’s and Trigger Happy Toy and the general public may readily view submitted Information.

You grant Nika Cherrelle’s and Trigger Happy Toy a royalty-free, perpetual, irrevocable, and fully sublicensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant Nika Cherrelle’s and Trigger Happy Toy [and our sublicensees] the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information.

You further agree that content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Nika Cherrelle’s and Trigger Happy Toy all of the license rights granted herein.
Nika Cherrelle’s and Trigger Happy Toy does not endorse any content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Nika Cherrelle’s and Trigger Happy Toy expressly disclaims any and all liability in connection with this content. Nika Cherrelle’s and Trigger Happy Toy does not permit copyright infringing activities and infringement of intellectual property rights, and Nika Cherrelle’s and Trigger Happy Toy will remove all content if properly notified that such content infringes on another’s intellectual property rights. Nika Cherrelle’s and Trigger Happy Toy reserves the right to remove this content without prior notice.

If you believe that any Submitted Information has been used on the website in a manner that violates an intellectual property right or other proprietary right, please contact us at support@nikacherrelles.com.

Our Intellectual Property

The entire content included in this site, including but not limited to text, graphics, images, illustrations, photographs, text, video, or code, is copyrighted under the United States and other countries’ copyright laws, and is the property of Nika Cherrelle’s and Trigger Happy Toy. The collective work includes works that are licensed to Nika Cherrelle’s and Trigger Happy Toy. Copyright 2016, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nika Cherrelle’s and Trigger Happy Toy or purchasing Nika Cherrelle’s and Trigger Happy Toy products.

You may display portions of the material from this site solely for your own non-commercial use. In addition, subject to any expressly stated restrictions or limitations relating to specific material, you may download or print portions of this site solely for your own non-commercial use or to place an order with Nika Cherrelle’s and Trigger Happy Toy. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nika Cherrelle’s and Trigger Happy Toy. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

The provisions relating to Copyrights and Trademark shall survive Nika Cherrelle’s and Trigger Happy Toy termination of a user’s account and usage privileges.

Use of Trademarks

All trademarks, service marks, trade dress and trade names of Nika Cherrelle’s and Trigger Happy Toy used in the site are trademarks or registered trademarks of Nika Cherrelle’s and Trigger Happy Toy.

Filtering

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following two websites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Nika Cherrelle’s and Trigger Happy Toy website, please send an email to [INSERT EMAIL ADDRESS]. You contact us by writing at [INSERT ADDRESS], or by calling at [INSERT NUMBER]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800)952–5210.

Miscellaneous Terms

Severability

Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity and enforcement of the remaining provisions of this Agreement shall not be affected or impaired.

Applicable Law and Legal Claim

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Nika Cherrelle’s and Trigger Happy Toy products) shall be in the state or federal courts located in Oakland, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nika Cherrelle’s and Trigger Happy Toy products) must be commenced within one (1) year after the claim or cause of action arises. Nika Cherrelle’s and Trigger Happy Toy failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nika Cherrelle’s and Trigger Happy Toy may assign its rights and duties under this Agreement to any party at any time without notice to you.

Contact Us

If you have any concerns about your use of the Nika Cherrelle’s and Trigger Happy Toy website, please contact us with a detailed description, and we will try to resolve it.