2. To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Novelties & Beyond of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Conditions Of Use.
3. The content on the Websites is for information purposes only and you agree that your use of and browsing in the Websites is at your risk. In no event shall Novelties & Beyond, Inc. its subsidiaries or affiliates and their officers, directors, employees or agents (“Novelties & Beyond”), be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Websites, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and whether or not Novelties & Beyond is advised of the possibility of such damages.
4. You agree to defend, indemnify and hold harmless Novelties & Beyond, against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney's fees, arising in connection with your use of the Websites or resulting from, or alleged to result from, your use of the Websites or your violation of these Conditions Of Use.
5. Novelties & Beyond has taken reasonable efforts to ensure that the information contained in the Websites is accurate; however, all information is provided “as is” without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In addition, by using the Websites and viewing the content on the site, including but not limited to instructional articles and videos, you understand and agree that all firearms are potentially dangerous if handled improperly and can pose risks and hazards to yourself and others, which may result in property damage, serious injury or death. Any advice, guidance or other information provided on the Websites cannot completely anticipate your situation, and shall not create any warranty not expressly made herein, regardless of any omission or inaccuracy of information contained on noveltiesandbeyond.com. Also please note that certain of our products require you to be at least 18 or 21 years of age and/or hold certain licenses to purchase and if you enter into any online shopping transactions on the Websites, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Websites.
6. The Websites may contain interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials (collectively, “User Contributions”) on or through the Websites. Any User Contribution you post to the Websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Novelties & Beyond the license granted in this paragraph. You represent and warrant that all of your User Contributions do and will comply with these Conditions Of Use, and you agree to defend, indemnify and hold harmless Novelties & Beyond and its licensors from any breach of this representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Novelties & Beyond, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content. Any content and/or opinions submitted to the Websites, and all articles and responses to questions and other content, other than the content provided by Novelties & Beyond, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Websites. We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Conditions Of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Websites and the public or could create liability for the Company.
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
• Terminate your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Conditions Of Use.
• Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS Novelties & Beyond FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Novelties & Beyond OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
7. Novelties & Beyond assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Websites or your downloading of any materials, data, text, images, video, or audio from the Websites.
8. All right, title and interest in the Websites and any content contained herein is the exclusive property of Novelties & Beyond, except as otherwise stated. The trademarks, logos, and service marks displayed on the Websites (collectively the “Trademarks”) are the trademarks of Novelties & Beyond or their respective third-party owners. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose without the written permission of Novelties & Beyond or such third party, which may own the Trademarks.
9. The Websites may contain links to other websites operated by third parties other than Novelties & Beyond. Such links are provided for your convenience only. Novelties & Beyond does not control such websites and is not responsible for their content. The fact that the Websites contain links to sites operated by third parties other than Novelties & Beyond does not mean that Novelties & Beyond approves of, endorses or recommends those sites, nor does it imply any association with their operators. Your linking to any other off-site pages or other sites is at your own risk. Novelties & Beyond disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in the Websites.
10. By accessing the Websites, you agree that the laws of the State of Iowa, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of the Websites. You also submit to the personal jurisdiction of Iowa and the venue of the state and federal Courts of Iowa.
11. Novelties & Beyond may at any time revise these Conditions Of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Conditions Of Use to which you are bound. Your continued use of the Websites following the posting of revised Conditions Of Use means that you accept and agree to the changes.
12. The illegality or unenforceability of any provision of these Conditions Of Use shall not affect the validity and enforceability of any legal and enforceable provisions of these Conditions Of Use.