This Service belongs to a subsidiary of Nova Packaging Solutions, Inc. (“NPS, Inc.” or “We”), which is a member of the NPS, Inc. group of companies. For more information on the NPS, Inc. companies and their product brands, click here. NPS, Inc. may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.
2. Agreement to Be Bound; Termination
Your access to and use of this Service constitutes your agreement with NPS, Inc. to be bound by, and to act in accordance with, these Terms of Use. From time to time, NPS, Inc. may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.
You may terminate your use of this Service at any time. NPS, Inc. may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in this Terms of Use as determined by NPS, Inc. in its sole discretion, or (ii) for any other reason in NPS, Inc.’s sole discretion. NPS, Inc. may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to NPS, Inc. upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that NPS, Inc. shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.
3. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. .To the fullest extent permitted under applicable law, your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.
4. Ownership and Use of the Service and Site Materials
All ownership rights and title in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, “Materials”), are owned by NPS, Inc. and its licensors. NPS, Inc. also owns or has a valid right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, “Trademarks”).
NPS, Inc. grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer [or device] for your own personal, non-commercial home use strictly in accordance with these Terms of Use. NPS, Inc. may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.
No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Nova Packaging Solutions, Inc. in its sole discretion.
Any modification of the Materials or use of the Materials for any other purpose is a violation of Nova Packaging Solutions, Inccopyright and other proprietary rights. The use of any such Materials on any other service or computer network without Nova Packaging Solutions, Incwritten consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Nova Packaging Solutions, Inc., is strictly prohibited. All rights not expressly granted to you are reserved by Nova Packaging Solutions, Inc
5. Downloaded Software
From time to time Nova Packaging Solutions, Incmay make available as part of the Materials on this service particular software including files, images and data relating to the software (the “Software”). You do not own the downloaded software, and Nova Packaging Solutions, Incdoes not transfer ownership of the Software to you. Nova Packaging Solutions, Inc. retains full ownership of and title to the downloaded Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. If you download Software from this Service, you represent and warrant to Nova Packaging Solutions, Inc. that you are not acting in violation of those laws.
6. Mobile Devices
If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Nova Packaging Solutions, Inc. makes the Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations or the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Nova Packaging Solutions, Incwill have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
7. Privacy
For information on how NPS, Inc. uses and protects the personal information you may provide on this Service, please read the NPS, Inc. Privacy Policy at www.npsincus.com/privacy-policy. The Privacy Policy is incorporated into these Terms of Use and explains NPS, Inc.’s privacy practices. By using the Service, you agree to the terms of the Privacy Policy.
8. User Code of Conduct
In using or accessing this Service, you agree, without limitation:
◦ not to use this Service in breach of these Terms of Use;
◦ not to use this Service in breach of these Terms of Use;
◦ not to use this Service for commercial purposes;
◦ not to “spam” others or “phish” for others’ personal information;
◦ not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
◦ not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
◦ not to use, frame or utilize framing techniques to enclose any part of this Service without NPS, Inc.’s express prior written consent;
◦ not to use meta tags or any other “hidden text” utilizing any Trademark without NPS, Inc.’s express written consent;
◦ not to “deeplink” to this Service without NPS, Inc.’s express prior written consent;
◦ not to create or use a false identity on this Service;
◦ not to collect or store personal data about others;
◦ not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
◦ not to transmit to another Service user any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
◦ not to post any copyrighted (or other proprietary) material unless the copyright (or other proprietary right) is owned by you or you have the right to do so;
◦ not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and
◦ not to use this Service in breach of any Third Party Site’s terms and conditions.
In addition, you agree that you will comply with all applicable local, state, national and international laws, regulations and other legal requirements that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of NPS, Inc..
You agree to immediately notify NPS, Inc. if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify NPS, Inc., or we otherwise suspects such activity, you agree to cooperate with NPS, Inc. in any investigation and to use any prevention measures we prescribes.
9. User Submissions
Certain portions of the Service may permit you to post, transmit or upload content created by you (“User Submissions”), which may include, without limitation, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social networks, or a NPS, Inc.-hosted discussion forum, and communications with other Service users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
◦ include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the rights granted herein;
◦ include any material that by itself or by its use as permitted in these Terms of Use, infringes upon or violates the rights of any person or entity or any applicable laws;
◦ are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
◦ contain advertisements or solicitations of any funds, goods or services;
◦ is a communication by a user impersonating another user;
◦ contains personal information, such as messages which identify telephone numbers, social security numbers, accounts numbers or addresses; or
◦ could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Nova Packaging Solutions, Inc. through this Service, whether solicited or unsolicited, you agree that you are granting Nova Packaging Solutions, Inc a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Submissions for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.
No credit, approval or compensation is due to you for any such use of User Submissions you may submit. Nova Packaging Solutions, Inc. also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Submissions), city and state in connection with broadcast, print, online or other use or publication of your User Submissions. All User Submissions become the unrestricted licensed property of Nova Packaging Solutions, Inc
By posting or transmitting User Submissions through or to the Service, you authorize NPS, Inc. to make such copies thereof and retain such User Submissions as Nova Packaging Solutions, Inc. deems necessary to facilitate the posting or storage of the User Submission with Nova Packaging Solutions, Inc
You represent and warrant that neither the User Submissions, nor the use of the User Submissions as permitted in these Terms of Use, will infringe upon or violate the rights of any person or entity or any applicable laws. All User Submissions must comply with the User Code of Conduct set forth above.
Although NPS, Inc. is under no obligation to review or monitor User Submissions, NPS, Inc. reserves the absolute right to do so in its sole discretion. In addition, NPS, Inc. reserves the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. NPS, Inc. also reserves the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that NPS, Inc. does not have any obligation to use or respond to any User Submissions. NPS, Inc. has no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, NPS, Inc. expressly disclaims any responsibility for User Submissions.
If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by visiting http://www.npsinuc.com/contact and filling out the contact form, or by calling 866-302-8242 , or writing to us at NPS, Inc. Consumer Services 1969 S. Alafaya Trail, #355 Orlando, FL 32828. Please provide as much detail as possible, including a copy of the underlying material, the location where NPS, Inc. may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal, NPS, Inc. will only remove User Submissions if NPS, Inc. believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Agent.” In no event does NPS, Inc. assume any liability for failing to either monitor or remove specific User Submissions.
Nova Packaging Solutions, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing NPS, Inc. to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. NPS, Inc. may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of NPS, Inc., its customers or the public.
10. Voting/Rating Features
For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. NPS, Inc. assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. NPS, Inc. may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. NPS, Inc. reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. NPS, Inc.’s decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
11. Contests/Sweepstakes
Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
12. Geographic Scope of Site
Nova Packaging Solutions, Inccontrols and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those Nova Packaging Solutions, Inc. products that are sold by NPS, Inc. in the United States and its territories and possessions, and NPS, Inc. makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.
13. Links to Other Sites
For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by Nova Packaging Solutions, Inc(“Third Party Site”). Nova Packaging Solutions, Inchas no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Nova Packaging Solutions, Incmay provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by NPS, Inc. to, or an endorsement by Nova Packaging Solutions, Incof, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. NPS, Inc. is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, NPS, Inc. is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any NPS, Inc. products through a social network platform, including through links provided by NPS, Inc. through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it appears the data is collected by NPS, Inc., the data is in fact collected directly by the social networking platform. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. By making any content available through the Service, you represent and warrant that you own all rights necessary to do so.
14. Contents of this service - disclaimer
The materials in this service (including any graphics, software, recommendations or other materials) and any materials made available through this service are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, nps, inc. Disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nps, inc. Does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. The materials in this service could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Nps, inc. Undertakes no obligation to verify or maintain the currency of such information.
In addition, you understand and agree that when using this service, you will be exposed to user submissions posted and/or submitted by users. Nps, inc. Is not in any manner responsible for the user submissions, and nps, inc. Does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such user submissions. In addition, nps, inc. Cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable user submissions will not appear on this service. You acknowledge that by providing you with the ability to access and view user submissions on this service, nps, inc. Is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submissions or activities of users on this service. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any user submissions are not necessarily those of nps, inc. Or its affiliated or related entities or content providers.
15. Operation of this service - disclaimer
Nps, inc. Endeavors to maintain this service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this service or its operation. As to the operation of this service, nps, inc. Expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Nps, inc. Makes no warranty that (i) the operation of this service will meet the user’s requirements; (ii) access to this service will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of this service will be accurate or reliable; or (iv) defects will be corrected. You (and not nps, inc.) Assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment or mobile device and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this service.
16. Limitation of liability
Under no circumstances shall nps, inc., its parents, subsidiaries and affiliated companies and each of their respective agents, licensors, licensees, successors and assigns (collectively, the “nps, inc. Parties”) be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the service or any materials in this service, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this service or information available on or through this service. The nps, inc. Parties shall not be liable even if nps, inc. Or a nps, inc. Authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
17. Limitations as to Paragraphs 14, 15 and 16
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the NPS, Inc. Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.
18. Indemnification
You hereby agree to defend, indemnify and hold the NPS, Inc. Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of applicable laws, or your violation of any rights of another person or entity.
19. Copyright Agent
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
We suggest that you consult your legal advisor before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.
20. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Florida, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of Florida or the United States District Court for the Southern District of Florida, and NPS, Inc. and you hereby accept and submit to the personal jurisdiction of these Florida courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. NPS, Inc. and you also waive tothe fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
21. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
22. No Waiver
No failure on the part of NPS, Inc. to enforce any part of these Terms of Use shall constitute a waiver of any of NPS, Inc.’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by NPS, Inc. nor the reliance of any person on NPS, Inc.’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of NPS, Inc. shall have any legal effect whatsoever.
23. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browser.