TERMS OF SERVICE - PRIVACY
The following describes the terms under which “NBIC INC - www.CorneliusPontoonRentals.com”, "we," "our," or
"us") provide the www.CorneliusPontoonRentals.com website (the
"www.CorneliusPontoonRentals.com Service" or the "Service") to you.
› DMCA / Intellectual Property Policy
If you register on behalf of a business, you represent to www.CorneliusPontoonRentals.com that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.
Changes and Modifications. www.CorneliusPontoonRentals.com reserve the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. As long as you comply with this Agreement, www.CorneliusPontoonRentals.com grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links to Other Sites. The Service may contain links to other affiliated or independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under www.CorneliusPontoonRentals.com control, and www.CorneliusPontoonRentals.com is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Description of Services
General Description. The www.CorneliusPontoonRentals.com Service allows you to design and order your own custom t-shirts, apparel, and heat transfers, other with uploaded images, text, clip art and photos that show off your designs.
Conditions of Use
As a condition of use, you agree to the following:
› You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual's right to publicity or privacy.
› You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
› You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
› You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
› You will not transmit any worms or viruses or any code of a destructive nature.
› You will not copy, modify, create derivative works of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
› You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
› You will not use the Service for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content
The Service allows you to upload, transmit, publish, and disseminate text, designs, photographs, and other content ("User Content"). The Service also allows such content to be shared through third-party web services such as Facebook and Twitter.
When you upload or otherwise provide your own original User Content to or through the Service, you retain ownership of any copyright (and any other rights) you already hold in your User Content. You also represent and warrant that, with respect to all User Content that you upload, transmit, publish, and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Service, and to grant to www.CorneliusPontoonRentals.com the licenses set forth in this Agreement; (b) the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.
DMCA / Intellectual Property
If you believe that www.CorneliusPontoonRentals.com, or any consumer using the Service, has violated
a copyright, trademark rights, or any other intellectual property right you claim in your work, please contact
us pursuant to the Digital Millennium Copyright Act ("DMCA") and our Intellectual Property Policy at
www.CorneliusPontoonRentals.com review our DMCA / Intellectual Property Policy for more details on
how to properly notify us of an intellectual property issue.
Cornelius Pontoon Rentals Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork,
content, and computer code (collectively, "www.CorneliusPontoonRentals.com Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such www.CorneliusPontoonRentals.com Content, contained in the Service is owned, controlled, or licensed by or to www.CorneliusPontoonRentals.com, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not www.CorneliusPontoonRentals.com content.
Except as expressly provided in this Agreement or otherwise permitted by law, no www.CorneliusPontoonRentals.com Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without the www.CorneliusPontoonRentals.com express prior written consent.
For the avoidance of doubt, and without limiting the foregoing, you retain ownership in any trademarks, logos, trade dress or other design elements owned by you which you apply to goods purchased through the www.CorneliusPontoonRentals.Com.
Violation of this Agreement - Termination
You agree that www.CorneliusPontoonRentals.com may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is www.CorneliusPontoonRentals.com policy to terminate the account of members who repeatedly violate the copyrights, trademark rights, or other intellectual property rights of third parties.
If www.CorneliusPontoonRentals.com does take any legal action against you as a result of your violation of this Agreement, www.CorneliusPontoonRentals.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to www.CorneliusPontoonRentals.com. You agree that www.CorneliusPontoonRentals.com will not be liable to you or to any third party for termination of your access to the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOOD OR SERVICE ORDERED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CORNELIUS PONTOON RENTALS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE "CORNELIUS PONTOON RENTALS AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CORNELIUS PONTOON RENTALS AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY
STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CORNELIUSPONTOONRENTALS.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CORNELIUSPONTOONRENTALS.COM WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT CORNELIUSPONTOONRENTALS.COM MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU SPECIFICALLY ACKNOWLEDGE THAT CORNELIUS PONTOON RENTALS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, CORNELIUS PONTOON RENTALS AND ANY
WWW.CORNELIUSPONTOONRENTALS.COM AFFILIATES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will defend, indemnify, and hold NBIC INC - www.CorneliusPontoonRentals.com and/or the www.CorneliusPontoonRentals.com harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by www.CorneliusPontoonRentals.com and/or the www.CorneliusPontoonRentals.com Affiliates in connection with any claim arising out of your breach of the Agreement. www.CorneliusPontoonRentals.com reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Entire Agreement. This Agreement is the whole legal agreement between you and NBIC INC - www.CorneliusPontoonRentals.com. It governs your use of the Service and completely replaces any prior agreements between you and www.CorneliusPontoonRentals.com with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from www.CorneliusPontoonRentals.com and affiliated services.