TERMS & CONDITIONS

COPYRIGHT AND TERMS OF USE:

Your use of the Website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave the Website immediately, not use the files herein, and/or not subscribe to this service. All of the material on this site, including, but not limited to text, photographs, images, video, audio, and any application, collectively the 'Content', is fully licensed. The following content presented on this specific Website (NicksLuckyCharm.com), is protected by U.S. and International copyright laws. Reproduction and distribution of the presentation without written permission of the sponsor is strictly prohibited and can be punishable by law.

 

The owners of the Website do not warrant that the content or functionality of this site is or will be free from errors, interruptions, omissions, defects, viruses, or other damaging elements, or that the owners and/or administrators of the Website will correct any such errors, omissions, or defects. As a user of the Website you assume the cost of service, repairs, or corrections that may be required by your hardware, software, or other equipment. In no event will the owners of the Website or any of its affiliates, officers, directors, employees, licensors, suppliers, or distributors be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use the Content, even if the owners of the Website, have been advised of the possibility of such damages. In no event will the liability of the owners of the Website, or any of its affiliates, officers, directors, employees, licensors, suppliers, or distributors exceed the amount paid by you, if any, for accessing or using this site or purchasing or downloading products from this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, the above limitations may not apply to you.The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. The owners of the Website reserves the right to terminate these Terms of Use without notice if, in their sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, The owners of the Website reserves the right to terminate this site without notice.

 

PRIVACY POLICY:

Any information you provide to us at this website when you establish or update a membership, or during any communications with the administration of the Website, is maintained in private files on our secure Web server and our internal systems. Any information gained is used to enable the Website to deliver services to you. The Website does not sell, rent or trade your e-mail address or any other information, to third parties. We may, however, use third parties to help us provide services to you, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails, drawings or contests. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence. You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our website, or the public.

 

OPT-OUT POLICY:

The Website strives to only send emails that our members and former members wish to receive. We unequivocally pledge to always give you the option to opt out of any further emails from us.

Our policy is to let users unsubscribe at any time from our newsletters.

All Website newsletters will include a link to unsubscribe immediately and permanently in the footer.

Once unsubscribed, we will not resubscribe you without your consent.

 

INFORMATION GATHERING:

The Website gathers navigational information about where its members go on the Website. This information allows the administrators of the Website to see which areas of the Website are most visited. This information helps the administrators to improve the quality of members' online experiences by recognizing and delivering more of the features and content that our members prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may also be collected which will provide information that enables the administrators to better design the Website to better meet the technical requirements of our members.

In order to subscribe to the Website you are required to fill in a registration form, which includes some personal details. This information is used for billing purposes, to contact the user in case there is a problem with billing their account, and to provide updates and promotions. The user is also required to provide an e-mail during registration. This e-mail is used only for confirmation of registration and for confirmation of a notice to unsubscribe as a member to the Website. The name and contact information for the transaction processor will be listed on the subscription confirmation e-mail sent to you at the time that you subscribed to the Website.

By entering your email address on the Website signup form, you consent to us communicating with you by email with important information regarding you membership, promotions and updates.

Log Files. The Website uses IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. The Website does not collect personally identifiable information through log files.

 

LINKS TO THIRD PARTY CITES:

Some pages on the Website may include links to other sites. Please be aware that we are not responsible for the privacy practices of these other sites. We encourage our members to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Statement applies solely to information collected by the Website. The Website is not responsible for the availability of external sites or resources linked to this site, and does not endorse, and is not responsible, or liable, for any merchandise, advertising, products, or other materials on or available from such sites or resources. The Website shall not be responsible or liable, directly or indirectly, for any damages or loss caused, or alleged to be, caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource.

 

USE OF COOKIES:

The Website uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies also allow the Website to make our website more responsive to our members' needs by delivering a better and more personalized experience to you. The cookies are typically stored on your computer's hard drive and are used by the Website to help track your clicks as you go through the pages within the Website. Cookies are also used to save login names and passwords. This allows registered users to avoid reentering information upon every new visit to the site. Navigational information from previous visits to the Website may be associated with the personal information you provide. We partner with select third party advertising companies and allow them to collect non-personally identifiable information by placing cookies when you visit the Website. These selected companies may use information about your visits to our site and other websites to provide advertisements about products and services of interest to you.

 

TRIAL MEMBERSHIPS:

Any membership shorter than seven (7) days in length shall be considered a "Trial Membership". Trial memberships are provided for the purpose of previewing The Website. Trial members shall not attempt to download all the content within the trial period. Trial membership may include limitations on the amount of content that can be viewed within the Trial period. In the event that you wish to view more content before upgrading your Trial membership to a regular membership, you can contact us and ask for a greater access. The Website may, at its own discretion, remove in part or in full the restrictions on your Trial membership.

 

MEMBERS AREA PROTECTION SOFTWARE:

The Website uses advanced protection software to protect the member's area. Password sharing is strictly prohibited. After a number for failed login attempts and/or other conditions such as excessive bandwidth usage or too many connections from different ips, your username may be blocked from our website. In the event that your username gets blocked, you agree not to hold The Website responsible. The Website will not be liable and shall not bear any responsibility. To get your username unblocked, you have to contact us and provide your username and IP address. Usernames that are found to have been shared will not be unblocked, but The Website may at its own discretion issue a new username.

 

COMMUNICATIONS FROM THE WEBSITE:

Confirmation of membership to The Website. As part of the payment process, we are required to send an email to the subscriber as confirmation of the transaction. This confirmation letter, the "Receipt", is sent to the email address provided by the subscriber during their registration. We do not send any other email as part of the subscription process. We reserve the right to send newsletter once the membership has expired. Any email sent will include an opt-out link.

 

SERVICE ANNOUNCEMENTS:

On occasion it may be necessary to send out a strictly service related announcement. However, these communications are not promotional in nature.

CANCELLATION:

Memberships to the Website must be cancelled on pinwheel.com's online cancellation system. Memberships can also be cancelled by email. Cancellation by email may take up to 72 hours to be processed. The Website is not responsible for charges causes by delay in email cancellation process. Cancellation of trial memberships must be done within 48 hours of initial purchase to ensure proper cancellation before conversion to regular membership and recurring charge. Cancellation of monthly memberships must be done 72 hours prior to the monthly recurring charge to ensure it is processed before the next charge.

CUSTOMER SERVICE:

We communicate with users on a regular basis to provide requested services. The Customer Service Representatives at the NLC are able to reply via email. Established members of the Website might occasionally receive information from us on new services and special announcements. Former members may also receive promotional emails from the Website.

 

WARRANTY DISCLAIMER:

Access to the Website and its content is provided "AS IS" and without warranty of any kind. The Website shall bear no responsibility or liability for any damages of any kind arising out of, or in connection with the use, copying or display of, content from the Website.

 

REFUND POLICY:

Access to the Website and its content is provided "AS IS". Refunds may be issued in cases where access to the Website is impossible and/or hindered due to technical issues on the Website's side. All refund requests must be sent through the Website's "support" form.

18 U.S.C 2257 STATEMENT:

18 U.S.C 2257 Record-Keeping Requirements Compliance Statement

All models were at least 18 years old when they were photographed and videographed.

In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within our domain were 18 years of age or older during the time of photography. All models' proof of age is held by the custodian of records, which is listed below, organized by producer. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.

All models, actors, actresses and other persons that appear in any visual depiction of actual or simulated sexual conduct appearing or otherwise contained in NicksLuckyCharm owned member sites were over the age of eighteen (18) years at the time of the creation of such depictions.

Some of the aforementioned depictions appearing or otherwise contained in or at NicksLuckyCharm owned member sites contain only visual depictions of actual sexually explicit conduct made before July 3, 2018, and, as such, are exempt from the requirements set forth in 18 U.S.C. '2257 and C.F.R. 75.

With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained in or at NicksLuckyCharm owned member sites, the records required pursuant to 18 U.S.C. '2257 and C.F.R. 75 are kept by the custodian of records: NicksLuckyCharm 

The operator of this website is the primary producer (as that term is defined in 18 U.S.C. section 2257) of any of the visual content contained within.