Terms & Conditions – User Agreement (“Agreement”)
What this Agreement Covers
This Agreement governs your use of the ParkMarkers Bingo product and ParkMarkersBingo.com website and participation in any contests, promotions or other events tied to or aspects of the ParkMarkers Bingo product or ParkMarkersBingo.com website (collectively the “Product” or “Site”.) You understand that by using the Site, you have agreed to the terms and conditions of this Agreement and you agree to use the Site solely as provided in this Agreement.
Limited License — Intellectual Property Rights
Innoversa Corp. (“Innoversa”) is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Innoversa and/or its related parties.
Innoversa is the owner of the ParkMarkers™ and ParkMarkers Bingo™ trademarks (collectively “ParkMarkers”) and certain images and designs found on this Site (the “Innoversa Marks or Images”). Other trademarks and images found on this Site are licensed for use by Innoversa from photographers, stock image bureaus, institutions, artists and other third parties (the “Licensed Marks or Images”). The Innoversa Marks or Images and the Licensed Marks or Images are referred to collectively as the “Marks or Images.”
Products created using Marks or Images available on the Site must not be resold commercially or otherwise distributed or used in commerce without the express written permission of Innoversa.
Any customer that uploads material to the Site thereby grants Innoversa a non-exclusive, perpetual, royalty-free, worldwide license to use that material for any purpose related to the Site or the Product.
No right, title or interest in images or materials made available on this Site is conveyed to you without the express prior permission of Innoversa. Your use of this Site is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site or any of its content without our prior written permission; (b) you may not access or use this Site for any competitive or commercial purpose; and (c) you will not permit any unauthorized copying of content from this Site. All rights not expressly granted are reserved by Innoversa.
You agree to not use the Site or the Product to create or display any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, libelous, invasive of another’s privacy, or hateful, that contains explicit sexual content, that portrays irresponsible use of alcohol or other substances, that is racially, ethnically or otherwise objectionable or discriminatory, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Innoversa accepts online or telephone payment via credit or debit card. All payments sent electronically are securely transmitted.
With prior approval, Innoversa also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
Depending on when each order is received and payment method finalized and the customer’s location, Innoversa’s orders are generally delivered within 2 to 8 business days. Customers who are concerned about meeting more urgent deadlines should choose an expedited delivery option (i.e. air service), if offered, or contact an Innoversa Representative. Delivery times may vary during the holiday seasons or inclement weather. Innoversa is not responsible for delivery delays caused by incomplete or incorrect shipping addresses, nor due to delays by its contracted carriers (for example United States Postal Service, United Parcel Service, Federal Express.)
Returns Policy and Limited Warranty
Innoversa works to ensure that all orders are filled accurately and on time and that our products are of the highest quality. If the product you receive differs materially from what you ordered on the Site, or if the product is deficient (e.g., damaged or with missing elements), then you may return your order for a full refund within fourteen days of receiving your order.
Please contact us at Returns@Innoversa.com before making any return so that we can process your return promptly and efficiently.
Limit of Innoversa’s Responsibility
Innoversa will be responsible for acting only on those instructions sent to Innoversa that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Innoversa is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Innoversa is not responsible should you give incorrect instructions or if there is an issue with processing of your credit card.
The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”. Innoversa does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. EXCEPT FOR THE LIMITED WARRANTY SET OUT ABOVE, INNOVERSA EXPRESSLY DISCLAIMS ALL warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, AND NO SUCH WARRANTIES ARE given in conjunction with the Site, the Product, information and materials. Your exclusive remedy for any breach of this limited warranty will be the purchase price refund set out above.
In no event will Innoversa be liable for any harm to persons, wildlife, natural resources or other property, injury or damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any other website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Innoversa, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
IN NO EVENT WILL INNOVERSA BE LIABLE TO YOU OR YOUR AFFILIATES FOR ANY DAMAGES OF ANY KIND IN ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE YOU PAID FOR THE ORDER TO WHICH THE CLAIM FOR DAMAGES RELATES.
Innoversa does not represent that the materials published on this Site are appropriate for use outside of the United States nor for any use other than that described on the Site or Product. If you access this Site from outside of the United States, you do so at your own risk and you are responsible for compliance with local laws.
Periodically, links may be established from this Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the ParkMarkersBingo Site. None of such links should be deemed to imply that Innoversa endorses the Third Party Sites or any content therein.
Innoversa does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Innoversa will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Intellectual Property Claims
Innoversa respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending, restricting or blocking access to the Site for any user who uses the Site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses the Site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we encourage any holders of copyright(s), trademark(s) or other intellectual property who have reason to believe that Innoversa or any customer of Innoversa has infringed on their copyright(s), trademark(s) or other intellectual property to provide written notification of such claimed infringement to:
PO Box 3377
Reston, Virginia 20195
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
Innoversa may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Innoversa also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Innoversa may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Site after any changes to these terms are posted will be considered acceptance of those changes.
You agree to defend, indemnify and hold Innoversa and its affiliates harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, that may be asserted by any third party arising from or relating to your use of the Site or the Product, your violation of this Agreement, or your violation of any rights of another.
Governing Law and Venue
This Agreement shall be governed by the laws of the Commonwealth of Virginia and, where applicable, by federal law. Any legal action by either party arising from or relating to this Agreement shall be brought only in the federal or state courts located in the Commonwealth of Virginia. By using the Site and/or the Product, you hereby consent to the exercise of personal jurisdiction over you by those courts.
Last revised on: August 19, 2017