AS CONSIDERATION FOR THE PURCHASE OF ANY PRODUCT FROM NOCTUM BY ME OR MY MINOR CHILDREN, I HEREBY RELEASE FROM ANY LEGAL LIABILITY NOCTUM, IT'S OWNERS, AGENTS, EMPLOYEES FROM ANY AND ALL LIABILITY FOR DAMAGE AND INJURY OR DEATH TO MYSELF, MY MINOR CHILDREN OR ANY OTHER PERSON OR PROPERTY RESULTING THE SELECTION ASSEMBLY, MAINTENANCE OR USE OF SUCH PRODUCT AND ANY CLAIM BASED UPON NEGLIGENCE, BREACH OF WARRANTY, CONTRACT OR LEGAL THEORY ACCEPTING MYSELF THE FULL RESPONSIBILITY FOR ANY AND ALL SUCH DAMAGE, INJURY OR DEATH WHICH MAY RESULT.

I FURTHER AGREE THAT ANY AND ALL LIABILITY OF NOCTUM, ITS OWNERS, AGENTS AND EMPLOYEES RESULTING FROM THE SELECTION, ASSEMBLY, MAINTENANCE OR USE OF THIS PRODUCT SHALL BE LIMITED TO THE PURCHASE PRICE OF ANY SUCH PRODUCT. I FURTHER AGREE THAT ANY SUIT OR OTHER LEGAL PROCEEDINGS CONCERNING THE INJURY OR DEATH FROM THE SELECTION, ASSEMBLY, MAINTENANCE OR USE OF THIS PRODUCT MAY BE BROUGHT ONLY IN THE COURTS OF NEW YORK. I CONSENT TO JURISDICTION AND VENUE OF ANY SUCH COURT IN ANY SUCH PROCEEDING.

I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENT. I UNDERSTAND THAT IT PROVIDES A COMPREHENSIVE RELEASE OF LIABILITY AS TO MYSELF, MY MINOR CHILDREN, IF ANY, AND ALL OTHERS TO WHOM I MAY FURNISH THE PRODUCT. THIS AGREEMENT AND RELEASE OF LIABILITY MAY NOT BE ADDED OR ALTERED EXCEPT BY THE WRITTEN AGREEMENT ASSIGNED BY NOCTUM. IT IS NOT INTENDED TO ASSERT ANY CLAIM OR DEFENSE WHICH APPLICABLE LAW PROHIBITS. THE SPECIFIC RIGHTS OF THE PARTIES MAY VARY FROM STATE TO STATE.

BY USING NOCTUM’S SITE, YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME, WHENEVER WE WANT. IF YOU CONTINUE TO USE THE SITE AFTER WE HAVE POSTED CHANGES TO THE TERMS, IT MEANS YOU HAVE ACCEPTED THOSE TERMS. IF YOU NEED TO CONTACT US, PLEASE EMAIL US AT SUPPORT@NOCTUM.COM

OUR WEBSITE ALLOWS YOU TO BUY PRODUCTS. WE USE THE INFORMATION THAT WE COLLECT ABOUT YOU TO FULFILL YOUR PRODUCT PURCHASES AND TO CREATE A MORE PERSONALIZED ONLINE EXPERIENCE.

OUR PRIMARY GOAL IN COLLECTING PERSONAL INFORMATION IS TO PROVIDE NOCTUM VISITORS WITH A SUPERIOR CUSTOMIZED ONLINE EXPERIENCE. WE USE THE CUSTOMER CONTACT INFORMATION TO FILL ORDERS, CONTACT PURCHASERS TO INFORM THEM OF THEIR ORDER STATUS, AND SEND PROMOTIONAL INFORMATION TO ENHANCE THE OPERATION OF OUR SITE AND ADMINISTER OUR SYSTEMS.

WE DO NOT SELL, TRADE, OR RENT YOUR PERSONAL INFORMATION TO OTHERS.

FOR ANY QUESTIONS REGARDING THE PRIVACY POLICY, RETURN POLICY AND/OR ORDERING INFO, PLEASE CONTACT US AT SUPPORT@NOCTUM.COM

WHEN YOU ORDER FROM US, WE COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM YOU. IF YOU ORDER ONE OF OUR PRODUCTS, WE WILL COLLECT AND MAINTAIN YOUR NAME, E-MAIL ADDRESS, BILLING ADDRESS, SHIPPING ADDRESS, TELEPHONE NUMBER, PRODUCT SELECTIONS, CREDIT CARD OR OTHER PAYMENT INFORMATION, ORDER NUMBER, REFERRING URL, IP ADDRESS, AND THE PAGE YOU BOUGHT FROM.

WE COLLECT THIS, AND OTHER INFORMATION, AS DISCLOSED IN THIS POLICY, IN ORDER TO FILL YOUR ORDER, TO COMMUNICATE WITH YOU ABOUT YOUR ORDER AND TO SEND YOU PROMOTIONAL MATERIALS. BEFORE CONFIRMING YOUR ORDER, YOU WILL HAVE THE OPPORTUNITY TO REVIEW THE PRODUCT ORDER FORM AND MAKE CHANGES AND ADDITIONS TO THE INFORMATION IT CONTAINED AND THESE CHANGES WILL BE AUTOMATICALLY KEPT FOR FUTURE USE. WE MAY REQUIRE ADDITIONAL VERIFICATIONS OR INFORMATION BEFORE ACCEPTING ANY ORDER.

IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, THE PRACTICES OF THIS SITE, OR YOUR DEALINGS WITH THIS SITE, PLEASE CONTACT US BY EMAIL: SUPPORT@NOCTUM.COM

NOCTUM RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK YOU TO DO THE SAME. NOCTUM IS IN COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT. IN ORDER TO PROTECT THE INTELLECTUAL PROPERTY OF PEOPLE FROM MISUSE WE ASK YOU TO HELP US. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND IS ACCESSIBLE ON THE NOCTUM’S SITE, PLEASE PROVIDE NOCTUM'S COPYRIGHT AGENT THE FOLLOWING INFORMATION:

1. AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE OWNER OF THE COPYRIGHT OR OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT INTEREST;
2. A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED INCLUDING THE URL (I.E., INTERNET ADDRESS) OR OTHER SPECIFIC LOCATION ON THE NOCTUM SITE WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED, INCLUDING ENOUGH INFORMATION TO ALLOW US TO LOCATE THE MATERIAL AND WHY YOU BELIEVE AN INFRINGEMENT HAS TAKEN PLACE;
3. A DESCRIPTION OF THE LOCATION WHERE THE ORIGINAL OR AN AUTHORIZED COPY OF THE COPYRIGHTED WORK EXISTS, FOR EXAMPLE THE URL (I.E., INTERNET ADDRESS) WHERE IT IS POSTED OR THE NAME OF THE BOOK IN WHICH IT HAS BEEN PUBLISHED;
4. YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS;
5. A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND
6. A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OWNER'S BEHALF.
7. NOCTUM WILL TERMINATE ACCESS TO THE NOCTUM’S SITE TO THOSE WHO ENGAGE IN REPEATED ACTS OF INFRINGEMENT.

NOCTUM'S COPYRIGHT AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT CAN BE REACHED AS FOLLOWS:
BY MAIL:
NOCTUM
450 Rt 25A PO BOX 336, SETAUKET, NEW YORK, 11733, USA

WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE ARE NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SITE. THIS INCLUDES DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS' FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL, AND SLANDER. THEREFORE, YOUR USE OF THIS SITE IS AT YOUR RISK ONLY. FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. UPON OUR REQUEST, YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES THAT ARISE FROM ANY BREACH OF THESE TERMS OF SERVICE FOR WHICH YOU ARE RESPONSIBLE, OR FROM THE USE OF THIS SERVICE OR THE TRANSMISSION OF ANY CONTENT THROUGH THIS SERVICE. IN OTHER WORDS, IF YOU DO SOMETHING THAT, ACCORDING TO THESE TERMS, WARRANTS YOUR TERMINATION FROM THE SERVICE OR EXPULSION FROM THE SITE, YOU MUST ACCEPT FULL RESPONSIBILITY FOR ANYTHING THAT HAPPENS AFTERWARDS.