CornholeAce.com Terms & Conditions

Welcome to CornholeAce.com. These terms and conditions of use ("Terms" or "Agreement") are a binding contract between CornholeAce.com ("We", "Us", or "Our") and you ("You"). You must agree to these Terms before using the CornholeAce.com Website (the "Site"). By using the Site, you agree to be bound by these Terms as well as the Privacy Policy. If you do not agree to all these terms, you are not authorized to use the Site. CornholeAce.com provides the information and services on the Site to you conditioned upon your acceptance, without modification, of the terms.

 

NOTICE

The information available on the Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively "Content") may contain information relating to a hazardous activity. CornholeAce.com does not certify or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.

CornholeAce.com is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any content on the Site.

 

 

1. Intellectual Property

The data and materials on the Site, except User Submissions (as defined below), including without limitation text, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Content") are the intellectual property of OutdoordAdventureHub.com (CornholeAce.com, "we", or "us"), our licensors and our suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be.

You may only use the Content retrieved from this Site for your own personal, non-commercial, educational, private or domestic purposes. You agree to not engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein, including any use, copying, or distribution of the User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Site and the Content.

 

2. Submission of Comments; Prohibited Content and Conduct.

Any comments or information that you provide to CornholeAce.com, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, recommendations, reviews, forum postings, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on the part of CornholeAce.com, and CornholeAce.com will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant CornholeAce.com a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, CornholeAce.com will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, CornholeAce.com may sublicense these rights to third parties.

Under no circumstance is CornholeAce.com responsible for any Submission to the Site or for the content of that Submission, nor shall CornholeAce.com be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.

Advertising on CornholeAce.com:

If you are retailing other related products or services and wish to advertise those products or services elsewhere on our Site, outside of our forums, please visit our Advertising page.

All other Submissions or user-generated content or posts to the Site, whether through the forums, reviews, or any method or on any other page of the Site must be free of advertising or spamming. We reserve the right to edit or remove any Submissions that violate these policies, or to terminate your membership or right to access the Site for such violations.

Moderation & Posting Rules:

All forum posts and forum private messages must be in English. No other languages are permitted.

Although messages posted are not the responsibility of CornholeAce.com and we are not responsible for the content or accuracy of any of these messages, we reserve the right for ourselves and our agents to edit or delete any message for any or no reason whatsoever. Generally we only moderate reviews, messages, Submissions, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.

You must only post in the relevant forum or area on the Site and should not take a thread off topic. You can start a new thread and link any side issues as needed. You agree not to spam on the Site or harvest contact information for commercial gain. Posts should only be made once and in one area only. You may not cross post. A moderator may link a thread to several forums if necessary rather than cross posting in multiple places. Posts may only be bumped if they are beneath closed posts. Junk posts such as random characters, irrelevant garbage or a short message that adds nothing new to a thread (such as just 'LOL') are prohibited. Basically, don't spam or flood please. Thanks!

You agree to refrain from swearing, profanity, foul language, discourteous behavior, racial, national or sexual slurs or other inappropriate or illegal behavior on the Site. No warez links or crack how-tos or posts of a pornographic or sexual nature please. No links to inappropriate content please. This is a family friendly Site.

You agree not to use the Site to post any material which is illegal or that may generally be deemed to be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented or violates any laws. Our reference to swearing includes acronyms and variations and misspellings. We understand that sometimes posters will wish to vehemently disagree with someone else's post. This is fine but personal attacks or responses resorting to vulgar language are not permitted. Should a moderator or Site administrator intercede in a thread due to it getting out of hand, he she may optionally close the thread (temporarily until people cool down or permanently) or request that members make no more than one more post on the subject (closing arguments.) You may not continue such "flame" topics by starting a new thread or post more than the one time as directed but you may edit your existing posts as desired should you have the ability to do so.

 

Prohibited Content:

You must not post to the Site or provide any Submissions that, as reasonably determined by us, is or appears to be the following:

●      untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;

●      vendor profile’s pertaining to any other entity than an outdoor services vendor that provides a direct outdoor service to the consumer; profiles for websites and travel agencies are not permitted.

●      infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;

●      of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;

●      unsolicited, undisclosed or unauthorized advertising;

●      software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

●      data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or

●      in violation of any applicable local, state, national or international law (including export laws).

 

Prohibited Conduct:

You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:

●      access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

●      access, tamper with, or use services or areas of the Site that you are not authorized to access;

●      alter information on or obtained from the Site;

●      tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;

●      use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";

●      frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;

●      impersonate or misrepresent your affiliation with any person or entity;

●      reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;

●      send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or

●      take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

 

 

 

3. Changes to the Agreement.

This Site is similar to a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer's visit. Similarly, at the Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review them when you visit the Site. We will post a notice on the home page of the Site for thirty (30) days if we change the terms of this Agreement and your use of the Site after the effective date of any change will constitute your consent to the amended Agreement. For your convenience, a link to the current Terms of Use appears at the bottom of every page of the Site

 

4. Registration, Accounts and Passwords

If you register on the Site as a "member", you agree to be responsible for: (i) maintaining the confidentiality of your passwords or other account identifiers and (ii) all activities that occur under such password or account identifiers. You agree to notify us of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

 

5. Links to Other Websites

This Site may contain links to websites other than our own. CornholeAce.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. CornholeAce.com does not control the content of those sites and takes no responsibility for their content, nor should it be implied that CornholeAce.com endorses or otherwise recommends such sites or the products or services offered.

 

6. Your Representations and Warranties

You represent and warrant for the benefit of CornholeAce.com that:

●      you are at least 13 years of age;

●      you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for the Site;

●      all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;

●      you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Submissions;

●      your Submissions are not defamatory, do not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;

●      you will keep your registration information current;

●      you will be responsible for all use of your password even if such use was conducted without your authority or permission; and

●      you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

 

7. Promotions

No promotion is offered by CornholeAce.com unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that CornholeAce.com is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. CornholeAce.com reserves the right to withdraw or refuse to honor any promotion that has been altered or modified—other than by CornholeAce.com.

 

8. Payment; Credit for Refunds & Pricing

Only valid credit cards acceptable to CornholeAce.com.com may be used for orders placed with CornholeAce.com.com, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling, and any amounts described on the Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled without notice in CornholeAce.com.com sole discretion. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired.

 

 

 

 

9. Disclaimer

CONTENT, on the Site, including without limitation, text, graphics links AND USER SUBMISSIONS, ARe provided on an “as is” basis with no warranty.

CornholeAce.com AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE ("Release PARTIES") MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, the released parties DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS of the released parties.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

10. Limitation of Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (ii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.

CornholeAce.com RESERVES THE RIGHT TO ALTER, REMOVE or discontinue any portion of the site or THE CONTENT On THe SITE OR to SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF the released parties HAve BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, the released parties’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT the release parties SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

10. Indemnification

You agree to indemnify, defend and hold harmless CornholeAce.com, our officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Site; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission(s) caused damage to a third party.

 

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

 

12. Choice of Law and Forum

The Terms of Use shall be governed and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within the County of Wilmington in the state of Delaware, and you hereby submit to the personal jurisdiction of such courts.

 

13. Miscellaneous; Entire Agreement

Assignment

These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of CornholeAce.com. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of CornholeAce.com will be null and void. CornholeAce.com has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.

Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and CornholeAce.com with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and CornholeAce.com regarding the Site and/or any order you place through it.

No Waiver

The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

 

14. Further Information

If you have a complaint, you may contact us at contact@CornholeAce.com.com

 

Legal Notices.

●      Notice of Availability of Filtering Software: All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

●      Notice of No Harvesting or Dictionary Attacks Allowed: YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO CornholeAce.com.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

●      Notice Regarding Trademarks: The trademarks CornholeAce.com.com, CornholeAce.com and all other trademarks listed below or used in the Service are owned or used under license by CornholeAce.com and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.

 

CornholeAce.com is a trademark or registered trademark of Tailgating Sports, LLC in the United States and other countries.

Copyright © 2013 CornholeAce.com.