PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of marksamerica.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using marksamerica.com, you signify your acceptance of these Terms and Conditions.
CTC Triangle (USA) LLC dba GVS ("GVS") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the marksamerica.com web site. Your continued use of the marksamerica.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
The marksamerica.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of GVS, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties") and are protected under the copyright laws of the United States and other countries. None of the content found on marksamerica.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of GVS and/or the applicable Third Parties.
Mark’s, marksamerica.com, and all other GVS related trademarks and design marks displayed on marksamerica.com (collectively, the "Trademarks") are registered and common law trademarks used with permission of the rights holder. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on marksamerica.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of GVS or such other party that may own the applicable trademarks.
Use of Site
Neither the marksamerica.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of GVS, except that you may download, display and print the content presented on marksamerica.com for your personal, non-commercial use only. Unauthorized use of marksamerica.com and/or the content contained on marksamerica.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The marksamerica.com website is not intended for use by children under the age of 13. Use of the marksamerica.com website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to GVS and without any liability whatsoever, GVS at any time and without notice may terminate or restrict your access to any component of marksamerica.com.
The website contains interactive features that allow users to post, submit, publish, display or transmit content or materials including but not limited to comments, opinions, reviews, photographs and feedback (the "Customer Content"). All Customer Content will be considered non-confidential and non-proprietary.
By submitting any Customer Content through the website, you represent and warrant that: (a) you are the sole author and owner of the intellectual property rights in the Customer Content; (b) all "moral rights" that you may have in such Customer Content have been voluntarily waived by you; (c) you understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not GVS, have full responsibility for such Customer Content, including its legality, reliability, accuracy and appropriateness; and (d) the Customer Content does not violate these Terms and Conditions.
Any Customer Content that you submit to GVS, either directly or through its third party service providers, you acknowledge and agree that GVS shall own all right, title and interest in and to such Customer Content, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein. To the extent applicable, you agree to assign to GVS a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever.
You further agree that you will not submit any Customer Content that: (a) is known by you to be false, inaccurate or misleading; (b) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising); (d) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (e) you were compensated for or granted any consideration by any unapproved third party; (f) includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or (g) contains any computer viruses, worms or other potentially damaging computer programs or files.
All Customer Content you submit may be used at GVS's sole discretion. GVS reserves the right to change, condense, withhold publication, remove or delete any Customer Content on GVS's website that GVS deems, in its sole discretion, to violate these Terms and Conditions. GVS does not guarantee that you will have any recourse through GVS to edit or delete any Customer Content you have submitted. GVS reserves the right to remove or to refuse to post any submission to the extent authorized by law.
The customer ratings and review functions to which Customer Content may be submitted are a public forum. Messages, questions, tips, advice and answers posted here can be viewed by the public and reflect solely the opinions of the forum participants, including without limitation, GVS product suppliers, and in no way reflect the opinion of or are endorsed by GVS. You therefore acknowledge that you, not GVS, are responsible for the contents of your submission. Information on these customer ratings and review forums may contain inaccuracies or typographical errors. GVS is not responsible for any Customer Content on the customer ratings and review forums nor does GVS guarantee the accuracy, reliability or completeness of any information provided in these forums. Forum participants are solely responsible for their use of the forums. While GVS will make reasonable efforts to monitor the customer ratings and review forums, it cannot effectively monitor all material posted and, therefore, makes no representation or warranty with respect thereto and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. Information on the customer ratings and review forums is provided "AS-IS" without warranty of any kind, either express or implied.
User Generated Content
GVS, through its Mark's America brand, may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with Mark's America's brand vision and brand principles. GVS and Mark's America have chosen this User Generated Content for the purpose of promoting Mark's America in accordance with these Terms and Conditions.
The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to GVS and Mark's America to use the Contributor's User Generated Content.
When User Generated Content is selected by Mark's America, the Contributor will be contacted via the social media platform on which the User Generated Content appears. Mark's America will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply with "I CONSENT" to grant his/her consent. A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by Mark's America.
By providing consent, the Contributor hereby grants to GVS and Mark's America, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of GVS, Mark's America and their products and services.
Notwithstanding the above, GVS and Mark's America will have no obligation to make any use of any of the rights granted by the Contributor. GVS' and Mark's America's use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor.
The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by GVS and/or Mark's America.
Representations and Warranties
By granting the license, the Contributor represents and warrants that:
- He/she is 18 years of age or older;
- He/she has the full right, power and authority to grant the rights described in these Terms and Conditions;
- The User Generated Content was created by the Contributor or the Contributor owns or controls all rights in such User Generated Content, such that the Contributor has all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights described herein, including permission from all person(s) appearing in the Contributor's User Generated Content;
- The exercise by GVS and/or Mark's America of its rights under these Terms and Conditions will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
- The User Generated Content does not contain any worms, viruses or other code deemed harmful to GVS, Mark's America or their users; and
- The User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Indemnity, Waiver and Release
The Contributor agrees to indemnify, defend and hold GVS, Mark's America and the Third Parties, and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of Contributors breach of the User Generated Content section of these Terms and Conditions.
All prices quoted are payable in US Dollars and, unless otherwise stated, do not include applicable taxes.
All advertisements on the marksamerica.com website are merely invitations for you to purchase goods or services and are not offers to sell by GVS.
GVS reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if GVS believes that customer conduct violates applicable law or is harmful to the interests of GVS or any Third Parties.
All sizes quoted are approximate. Some items shown may require assembly.
Except as explicitly provided in these Terms and Conditions as amended from time to time, GVS and the Third Parties make no representations or warranties of any kind, express or implied, regarding marksamerica.com and/or any content provided on marksamerica.com, all of which are provided on an "as is" and "as available" basis. GVS and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of marksamerica.com, or any of the content or data found on marksamerica.com, and expressly disclaim all warranties and conditions in respect of marksamerica.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
GVS and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
GVS and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on marksamerica.com or your downloading of any materials, data, text, images, video or audio from marksamerica.com.
In no event shall GVS or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of marksamerica.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of marksamerica.com for purchases) even if advised of the possibility of damages.
If, notwithstanding the foregoing, GVS or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of marksamerica.com or its content, the liability of GVS and the Third Parties shall in no event exceed in the aggregate $50 USD.
You shall indemnify and save harmless GVS and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of marksamerica.com.
The marksamerica.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with GVS or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by GVS or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. GVS and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the marksamerica.com web site or any of its content in any form and by any method is strictly prohibited.
The relationship between GVS and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of marksamerica.com.
This Agreement and its performance shall be governed by the laws of the United States of America and the State of New York. You consent and submit to the exclusive jurisdiction of the courts located in the City of New York, in the State of New York, in all disputes arising out of or relating to the use of marksamerica.com and these Terms and Conditions.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on marksamerica.com.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by GVS as set forth above.