TERMS & CONDITIONS
NC Custom, Nccustom.com, its affiliates, officers, directors, employees, agents, attorneys, representatives, consultants, predecessors, successors, assigns, trustees, administrators, third-party service or content providers, merchants, sponsors, licensors, or the like (collectively, the "Company") welcome you to the Nccustom.com website. Please review the following basic rules that govern your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by those rules.
We may from time to time change the rules that govern your use of our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the rules as changed.
You acknowledge that Nccustom.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
All other trademarks, product names, and company names and logos appearing on Nccustom.com are the property of their respective owners. By submitting a design to the Company, or using logos stored on the site, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.
Further you warrant and represent that no part of the design: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent Nccustom.com from legally reproducing the images or text submitted. All items shown on this web site containing corporate logos or registered trademarks are shown only to illustrate Nccustom.com logo reproduction capabilities. Purchase of merchandise from Nccustom.com in no way, shape or form does not grant you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.
DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of Nccustom.com is at your sole risk. The Company does not warrant that Nccustom.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Nccustom.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Nccustom.com.
Nccustom.com is provided on an "as is," "as available" basis and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written or electronically delivered information given by the company or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create any warranty.
Under no circumstances shall the Company, or any other party involved in creating, producing, or distributing Nccustom.com be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use Nccustom.com, including but not limited to reliance by you on any information obtained from Nccustom.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through Nccustom.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
From time to time there may be information on Nccustom.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including but not limited to, any claim, suit, or proceeding brought against the Company which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that the Company gives you written notice of any such claim and provides you such reasonable cooperation and assistance as you may require in the defense thereof. You shall pay any damages and costs assessed against the Company pursuant to such a suit or proceeding. Further, you agree to indemnify and hold the Company harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys' fees and costs) associated with any such claim, suit or proceeding.
THE COMPANY'S RIGHTS
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers, members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Nccustom.com, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on Nccustom.com.
PUBLIC AND PRIVATE COMMUNICATIONS
The Company may terminate your access, or suspend your access to all or part of Nccustom.com, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to its interests. Moreover, this Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time. The Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Unless otherwise specified and except to the extent the Company’s products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting the Company’s products and services available in the United States and select foreign markets. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Nccustom.com to either a foreign national or a foreign destination in violation of such laws.
ACKNOWLEDGMENT AND CHANGES