1) Acceptance of Terms
Welcome to
RevengePoductsInc.com ("Revenge Products"). Revenge Products provides
its website and related services ("Site") to you subject to the
following User Agreement ("Agreement"), which may be updated from
time to time without notice to you. Your continued use of the Revenge Products
Site after any such changes constitutes your acceptance of the new terms. If
you have any questions about the Agreement, you may contact us at
info@RevengeProductsInc.com.
BY CONTINUING
TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF
THIS AGREEMENT AND ALL REVISIONS THEREOF.
2) User
Account, Password, and Security
You will
receive a password and account designation upon completing the Site's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify
Revenge Products of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. Revenge Products cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section 2.
3) User
Conduct
In using this
Site, you agree to not:
a) upload,
download, post, email or otherwise transmit any materials including but not
limited to text, data, photos, graphics, or any of these elements in
combination as a design for products available on this Site or otherwise
("Content") that are unlawful, harmful, threatening, abusive, vulgar,
harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous,
tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive
of another's rights including but not limited to rights of celebrity, privacy
and intellectual property.
b) impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c) upload, download, post, email or otherwise transmit any Content that may
infringe any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party. By uploading or downloading any Content, you
represent and warrant that you have the lawful right to reproduce and
distribute such Content and that the Content complies with all applicable
federal, state and local laws, regulations and ordinances;
d) upload, download, post, email or otherwise transmit any Content that would
constitute or encourage a criminal offense, violate the rights of any party, or
that would otherwise create liability or violate any local, state, national, or
international law;
e) upload, download, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, or any other form of solicitation;
f) upload, download, post, email or otherwise transmit any material that
contains 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;
g) upload, download, post, email or otherwise transmit false or misleading
information;
h) disrupt or interfere with the security of, or otherwise abuse, the Site, or
any services, system resources, accounts, servers, or networks connected to or
accessible through the Site or affiliated or linked websites.
i) access, tamper with or use non-public areas of the Site. Unauthorized
individuals attempting to access these areas of the Site may be subject to
prosecution;
j) disrupt or interfere with any other user's enjoyment of the Site or
affiliated or linked websites.
k) frame or link to the Site except as permitted in writing by Revenge Products;
You
acknowledge that Revenge Products does not pre-screen submitted Content, but
that Revenge Products and its designees shall have the right (but not the
obligation) in their sole discretion to reject or remove any Content that is
available via the Site. Upon placing your order, you acknowledge that Revenge
Products may review your order, and the Content it contains, for adherence to
our guidelines and compliance with the terms and conditions set forth in this
User Agreement. Without limiting the foregoing, Revenge Products and its
designees shall have the right to remove any Content that violates the
Agreement or is otherwise objectionable to Revenge Products. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content, created by
or submitted to, Revenge Products. You acknowledge and agree that you are
responsible for the creation and compilation of your Content, and that neither
Revenge Products nor any other party involved with the production of any
product incorporating such Content,assumes that responsibility. Revenge Products'
production of any product depicting your Content, does not indicate
that Revenge Products approves of the Content, that the Content obeys all
applicable laws, or that you are absolved of any liability or harm arising from
the use of the Content.
You
acknowledge and agree that Revenge Products may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (i) comply with
legal process; (ii) enforce the Agreement; (iii) respond to claims that any
Content violates the rights of third-parties; or (iv) protect the rights,
property, or personal safety of Revenge Products, its users and the public.
You understand
that the technical processing and operation of the Site, including your
Content, may involve (i) transmissions over various networks; and (ii) changes
to conform and adapt to technical requirements of connection networks or
devices.
In addition,
you agree that you are solely responsible for actions and communications
undertaken or transmitted under your account. Revenge Products takes no
responsibility and assumes no liability for any Content uploaded or otherwise
transmitted by or to you or by or to any third-party, or for any mistakes,
defamation, slander, libel, omissions, falsehoods, infringement, obscenity,
pornography or profanity you or a third party may encounter. Revenge Products
reserves the right but not the obligation to remove any materials it deems
objectionable. You hereby agree to waive any claims against Revenge Products
and its affiliates, contractors, agents and employees for losses, damages and
injuries which are based on or relate to communications or materials made
available to the Site or posted on the Site by persons other than Revenge
Products or its affiliates. You hereby agree to indemnify Revenge Products and
its affiliates from all claims and expenses, including reasonable attorney's
fees, which claims are based on or arise from your violation of any of the
provisions of this User Agreement.
No royalty
will be owed or paid on the sale of any items containing an image which is in
violation of any of the provisions of this User Agreement, including but not
limited to no royalty on any images that contain objectionable content or are
posted in violation of the intellectual property, privacy or celebrity rights
of any person or entity.
You
acknowledge and agree that you will use this Site and any products
ordered on this Site at all times in accordance with all applicable United States
federal, state and local laws, statutes, regulations and ordinances and will not take
any action that harms or violates the rights of any person or entity.
4) Privacy
Policy
Your privacy
is very important to Revenge Products. Users of this Site should refer to our
privacy policy for information about how Revenge Products collects and uses
personal information. By accepting this Agreement you expressly consent to
Revenge Products's disclosure and use of your personal information (including
using email to communicate with you) as described in the privacy policy, which
is incorporated herein by reference.
5)
Proprietary Rights
You
acknowledge and agree that any Content, including but not limited to text,
data, photos, graphics, etc. or other material contained or distributed on or
through the Site, by Revenge Products, its advertisers or other third parties,
is protected by trademarks, service marks, patents, copyrights, or other
proprietary rights and laws. You may not use or distribute any Content received
through the site without the authorization of the Content owner, except for
uses permitted by law. You agree not to publish, reproduce, copy, in whole or
in part, nor upload, download, post, email, sell, or otherwise distribute
Content available through the Site including code and software, in violation of
applicable copyright and other intellectual property laws.
You retain all
ownership rights to your Content. However, by submitting Content to Revenge
Products, you grant Revenge Products a nonexclusive, worldwide, transferable
license to copy, crop, reproduce, publicly display, and distribute your
Content. If your Content is uploaded as a design for products available on this
Site, you grant the additional rights set forth in the Non-Exclusive License
Agreement.
You
acknowledge and agree that the Site and any software used in connection with
the Site ("Software") contains proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Site or the Software, in whole or in part.
The
intellectual property rights in or relating to the content of any notes,
messages, e-mails, postings, letters, ideas, suggestions, concepts or other
written materials which you submit or communicate to Revenge Products
(excluding the Content) will automatically be deemed to be assigned, granted and
transferred by you to Revenge Products upon their submission or communication
to Revenge Products, and you agree that the same will automatically become the
property of Revenge Products and that Revenge Products shall be entitled to
use, exploit, copy, publish, implement, transfer and in all other ways deal
with such materials and all of the intellectual property rights therein in any
way and for any purpose Revenge Products may elect, forever.
6)
Copyright and Trademark Policy
Revenge
Products respects the intellectual property rights of others. We ask our users
to do the same. Revenge Products may terminate the accounts of users who appear
to infringe the copyright or other intellectual property rights of others.
If you believe
that your Content has been copied in a way that constitutes copyright and/or
trademark infringement, please notify Revenge Products' Copyright Agent, and
provide the following information ("Notice"):
a) an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been
infringed;
c) a description of where the claimed infringing Content is located on our
Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are authorized to act on behalf of the
owner of the copyright/trademark interest involved.
Revenge
Products' Copyright Agent can be reached at: info@RevengeProductsInc.com.
7) WARRANTY
OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT
AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE
CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY
RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO
REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE
PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR
ANY PARTS OF THE CONTENT.
8)
Indemnity
You agree to
defend, indemnify and hold Revenge Products and Revenge Products’ officers,
directors, employees, agents and licensors harmless from all judgments, awards,
losses, liabilities, costs and expenses, including but not limited to
reasonable attorney's fees, expert witness fees, and costs of litigation
arising out of or based on (a) content you submit, post to or transmit through
the Site, (b) your use of the Site, (c) your connection to the Site, (d) your
violation of the Agreement or (e) your violation of any rights of a third
party.
9) No
Resale
You agree not
to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site or access to the Site
without Revenge Products 's express written consent.
10) Termination
You agree that
Revenge Products, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Site, and remove and discard any Content
you may have contributed to the Site, at any time for any reason or no reason.
Revenge Products may also in its sole discretion and at any time discontinue
providing the Site, or any part thereof, with or without notice. You agree that
any termination of your access to the Site under any provision of this
Agreement may be effected without prior notice, and acknowledge and agree that
Revenge Products may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files of the Site. Further, you agree that Revenge Products shall not be
liable to you or any third-party for any termination of your access to the
Site. Should you object to any terms and conditions of the Agreement or become
dissatisfied with the Site in any way, your only recourse is to immediately
discontinue your use of the Site and/or terminate your account.
11) Links
The Site may
provide, or third parties may provide, links to other websites or resources.
Because Revenge Products has no control of such sites and resources, you
acknowledge and agree that Revenge Products is not responsible for the
availability of such sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge and agree
that Revenge Products shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
12) Public
Reputation
You
acknowledge and agree that you will not use any product ordered from Revenge
Products.com, in a way that would be damaging to Revenge Products' public reputation
or that of its employees, board members, shareholders, licensors, or solution partners.
Additionally, you acknowledge that if you choose to display any product ordered from
Revenge Products, including without limitation any stamp, in a public setting,
including on the Internet, in a way which disparages Revenge Products, Revenge
Products' board members, employees, shareholders or partners, or the United
States Postal Service, Revenge Products reserves the right to demand immediate return
of the product, to furthermore pursue all recourses and remedies available
under the law.
13) Pricing
Prices for
products on Revenge Products.com are described on our website and are
incorporated into this Agreement by reference. All prices are in US dollars.
Prices and products may change at Revenge Products' discretion.
14) Age and
Geographic Restrictions
You must be at
least 14 years of age to use Revenge Products.com. Please contact us if you
have any concerns or questions about this restriction.
15)
Shipping
Title and risk
of loss for all Products ordered by you shall pass to you on Revenge Products'
shipment to the shipping carrier.
16)
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND
AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REVENGE PRODUCTS AND ITS
AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
REVENGE
PRODUCTS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU AGREE THAT REVENGE PRODUCTS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES
SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN
INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT
OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE
NEGLIGENCE OF REVENGE PRODUCTS, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN
ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY
AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR
SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU
ACKNOWLEDGE THAT REVENGE PRODUCTS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE.
EXCEPT AS OTHERWISE AGREED IN WRITING, REVENGE PRODUCTS AND ITS AFFILIATES
ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR
PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU
ACKNOWLEDGE THAT REVENGE PRODUCTS MAKES NO WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE
MAINTAINED.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REVENGE PRODUCTS OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
17)
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION,
ITS OWN NEGLIGENCE, SHALL REVENGE PRODUCTS OR ITS PARENTS, SUBSIDIARIES,
OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING REVENGE
PRODUCTS OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF REVENGE PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
18)
SEVERABILITY
If any
provision of this Agreement is invalid, illegal or unenforceable under any
applicable statute or rule of law, such provision shall be deemed amended to
achieve as nearly as possible the same economic effect as the original
provision and the remaining provisions of this Agreement shall in no way be
affected or impaired.
19) GENERAL
These terms
and conditions shall be governed by and construed in accordance with the laws
of the state of Georgia ,
without resort to its conflict of law provisions. Any dispute with regard to
this Agreement shall be submitted to one arbitrator for arbitration in the county of
Chatham, state of Georgia
in accordance with the Commercial Arbitration Rules of the American Arbitration
Association then in effect. The award rendered by the arbitrator shall be
binding as between the parties and judgment on such award shall be entered in
any court having jurisdiction thereof. The Arbitrator may award attorney's fees
and costs to the prevailing party. No agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by this Agreement. Revenge Products may assign its rights and responsibilities
hereunder without notice to you. The failure of a party to exercise or enforce
any right or provision of this Agreement will not constitute a waiver of the
right or provision. Revenge Products's failure to act with respect to a breach
by you or others does not waive Revenge Products's right to act with respect to
subsequent or similar breaches. This Agreement constitutes the entire agreement
between you and Revenge Products.com, and supercedes all other communications,
written or oral, with regard to the services provided by Revenge Products.com.
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