Effective: June 19th, 2020
These Terms of Service (“Terms”) governs all websites and digital applications (“Sites”) that link to, or contain references to, this document and are published or made available by BNS, its subsidiaries and its affiliates. “BNS”, “we”, “us” or “our” means the entity operating the services (“Services”), which is Brand New Ship, LLC, a limited liability company organised under the laws of the state of Ohio. The person using our Sites and Services (“Services”) is referred to “user”, “you” and “your”.
By using our Services, you are entering into an agreement with BNS and agree with the Terms that follow.
1. Use of Services
You must follow these Terms and any policies made available to you within the Services. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.
In using our Services, you agree to access, view and use the content solely for your personal, non-commercial use. No part of the content may be downloaded, copied, reproduced, republished (including by means of re-posting on other websites or mobile applications), transmitted, stored, sold or distributed without the prior written consent of the owner or otherwise permitted by law. This excludes the downloading, copying or printing of pages of the Sites for personal, non-commercial home use.
Our Services may display content that does not belong to BNS. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of the Services, we may send you service announcements, administrative User Content, and other information.
2. Privacy and Cookies
We are committed to protecting your privacy. We collect and process your personal data according to our Privacy Policy
By visiting our website with cookies enabled and accepting cookies via our cookie consent tool you agree to the use of cookies as explained in the Cookies Policy
3. Linked Sites
Our Sites may provide or embed links from other internet websites, digital applications, social media platforms and other online sources (“External Links”). We do not monitor or review the content of External Links which are linked to or from the Sites. Opinions expressed or material appearing on such External Links are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. We are not liable for the content or the privacy practices of External Links. Our Privacy Policy and Cookies Policy does not apply to any collection and processing of your personal data on or through such External Links.
4. Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Sites may only be open to registered users, including, but not limited to like, comment or report function. As an unregistered user, you will be able to access our content, but with limited functionality.
BNS reserves the right to amend or vary the content available to registered users. In addition, and if you allow us to when registering your details as a registered user, we will contact you from time to time in accordance with your preferences.
You are solely responsible for the confidentiality and use of access to Sites by using your user name and password. You agree to immediately inform us if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address. You will provide BNS with accurate, complete registration information and inform BNS of any changes to such information.
For the purpose of confirming your compliance with these Terms, we reserve the right to monitor and record activity on the Sites, including access to our content.
Each registration is only for the personal use of the registered user. You may not share your log-in details or password with any other person. BNS does not allow multiple users (networked or otherwise) to access the Sites through a single name and password.
If you are in breach of any of these Terms, we may suspend your access or cancel your registration to the Sites, without further obligation to you.
5. Third Party Applications and Devices
Our Services are integrated with or may otherwise interact with third party applications, websites, and other services (“Third Party Applications”), and third party devices to make the Services available to you. These Third Party Applications and third party devices may have their own terms of service and privacy policies and their use will be governed by and subject to such terms of service and privacy policies.
You understand and agree that BNS does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or third party device or for any transaction you may enter into with their provider, nor does BNS warrant the compatibility or continuing compatibility of the Third Party Applications and third party devices with the Services.
6. User-Created Content
You are responsible for all content you post. Our Sites may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to us and interaction between users and our representatives. Users may post, upload, or otherwise contribute content to the Sites through the Services (which may include, for example, text, pictures, links and/or other types of content) (“User Content”).
While we do not control the User Content posted to the Sites, we reserve the right (which we may exercise at our sole discretion without notice) to delete, move or edit any User Content.
7. User Guidelines
BNS respects intellectual property rights and expects you to do the same. You must follow the rules described below and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, broadcasting, making available to the public or any other use which otherwise infringes the intellectual property rights (such as copyright) of any part of our content or the Services;
- making any use of our content or the Services which is not expressly permitted under the Terms or applicable law;
- circumventing any technology used by BNS, its licensors, or any third party to protect our content or the Services;
- selling, renting, sublicensing or leasing of any part of our content or the Services;
- circumventing any territorial restrictions applied by BNS or its licensors;
- providing your password to any other person or using any other person’s username and password;
- Impersonate any person or entity or misrepresent any affiliation with any person or entity;
- Collect or store other users’ personal data;
- Restrict or inhibit any other user from using the Sites.
You are solely responsible for your User Content. You must comply with any rules posted by us on the Sites or otherwise made available to you. You may NOT engage in any activity, post any User Content, link or register a username, which is or includes material that: - is discriminatory, obscene, racist, homophobic or sexist or that contains any form of hate speech or is mean-spirited oriented;
- is illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
- constitute inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
- encourage violence, are abusive, threatening or make any form of personal attack on another user or on our employees;
- encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms.
- infringes the copyright of a third party;
- contains any form of advertising or promotion for goods and services or any chain messages or “spam”;
- contains software viruses, files or code designed to interrupt, destroy or limit the functionality our Sites.
By submitting User Content to the Sites, you agree to indemnify and hold harmless BNS from all claims, costs and expenses (including legal expenses) arising out of any User Content posted or published by you that are in breach of this section.
BNS has no control over individuals posting User Content on any Sites. BNS cannot guarantee the accuracy, integrity or quality of any User Content. Some users may breach these Terms and post User Content that are misleading, untrue or offensive. You must bear all risk associated with your use of the Sites and should not rely on User Content when you make (or refrain from making) any specific investment or other decision.
8. Report of User-Created Content
It is not possible for BNS to fully and effectively monitor User Content infringement of third-party rights. We rely on our users to report content that they find inappropriate.
If you believe that any content infringes your legal rights or violates these Terms, you should use the reporting tool available in the comments section. Through this tool, you can filter content, report an abuse or block an abusive user. If you block a user, then the website or app, will hide all of the comments posted by the blocked user. These comments will be hidden only from your view, while other user may view them.
When something is reported, it’s not automatically taken down. Our staff will review the content and, where reasonably possible, will take a decision in one working day (24 hours). If no violations are found by our review team, no amount of reporting will change that, and the content will remain on our Sites. Repeated misuse of the report function may result result in your access to the Sites being terminated.
BNS may, but has no obligation to, monitor, review, or edit User Content. In all cases, BNS reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in BNS’s sole discretion, violates the Terms. BNS may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
If the reporting process does not accurately capture your issue, you can always contact BNS via [email protected].
9. Intellectual Property
9.1 Rights You grant us
You retain ownership of any intellectual property rights that you hold in the User Content. By submitting User Content to any of the Sites you are granting BNS a perpetual, irrevocable, royalty free, non-exclusive licence to use, store, reproduce, modify, translate, make available, distribute and sub-license the User Content in whole or in part, and in any form. This may include personal information such as your user details and your expressions of opinion. Where applicable and permitted under applicable law, you waive any moral rights or equivalent rights that you may have in regard to the User Content. This license continues even if you stop using our Services, but some Services may offer you ways to access and remove your User Content. BNS reserves the right to contact you by e-mail about your use of the Sites.
9.2 Rights we grant to you
All our content is strictly for personal, non-commercial use only.
We grant you limited, non-exclusive, revocable permission to make use of the Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of our content. These rights shall remain in effect until and unless terminated by you or BNS. You agree that you are using the Services and our content for your own personal and non-commercial use.
Except as expressly permitted above or subject to our prior written permission, you may not reproduce, modify, display, distribute or in any way commercially exploit any of our content.
9.3 Use of our Software
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
BNS gives you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BNS as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BNS, in the manner permitted by the Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
10. Changes and Termination of our Services
We reserve the right, in our own discretion and at any time, to suspend, change, modify, add or remove portions of the content available within our Services or to stop the Services. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice. At any time, you can stop using our Services.
11. Disclaimer and Limitations
The information on the Sites is provided on an “as is” basis. To the fullest extent permitted by law, BNS:
- excludes all representations and warranties relating to its Sites and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Sites;
and - excludes all liability for damages arising out of or in connection with your use of its Sites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
BNS does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Upon BNS’s request, you agree to defend, indemnify and hold harmless BNS, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
12. Additional Terms
12.1 Changes to the Terms
BNS reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published. Access to certain content of BNS may be subject to additional terms and conditions.
12.2 Entire Agreement
Other than explicitly agreed upon in writing between you and BNS, the Terms constitute all the terms and conditions agreed upon between you and BNS and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Please note, however, that certain aspects of your use of the Services may be governed by additional terms which are listed on Sites. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail for that conflict.
12.3 Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under these Terms which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the Terms.
12.4 No Waiver
Any delay or failure by either party in exercising any right arising under these Terms shall not constitute a waiver of such right.
12.5 Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court or other competent body then the remaining provisions shall remain in full force and effect.
12.6 Governing law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, state of Ohio and any matter, claim or dispute arising out of or in connection with these Terms whether contractual or non-contractual, shall be governed by and determined in accordance with state of Ohio. Each party hereby irrevocably submits to the exclusive jurisdiction of courts in the state of Ohio in respect of any claim or dispute arising out of or in connection with these Terms, without regard to choice or conflicts of law principles.
13. Contact Us
If you have any questions or concerns regarding these Terms, please contact us by email at [email protected].