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Evil Genius Concepts™ - Terms of Use
Last Updated 30 March, 2008
Introduction
The terms and conditions set forth in this terms of use notice ("Terms
of Use") shall govern your visits to and use of the Web sites provided
by Evil Genius Concepts™ ("us," "our," or "we"),
including www.evilgeniustees.com, www.evilgeniuscomics.com, www.evilgeniuswoman.com,
and www.hill-liles.com, (collectively, the "Web site"), as well
as all services related to the Web site. By using the Web site, you agree
to be bound by these Terms of Use. If you do not agree to these Terms
of Use, do not use this Web site.
General
Evil Genius Concepts™ reserves the right to change the terms and
conditions of these Terms of Use at our sole discretion, by updating this
posting on this Web Site, and specifying the effective date of the new
version. By continuing to use the Web site following such changes, you
will be deemed to have agreed to such changes. You agree to review these
Terms of Use periodically to be aware of any such changes.
We also reserve the right, at any time, to: change or discontinue any
content or feature of the Web site or any services or products made available
through the Web site without notice; and/or offer opportunities to some
or all users of the Web site. You agree that we will not be liable for
any modification, suspension or discontinuance of the Web site or of any
service, content, feature or product offered through the Web site. Your
continued use of the Web site after such changes will indicate your acceptance
of such changes.
If you have any questions regarding the meaning or application of these
Terms of Use, please direct your questions to customerservice@evilgeniusconcepts.com
Copyright
Copyright 2002-2008 Evil Genius Concepts™. All rights reserved.
This Web site and the contents of the Web site are intended for your
personal use. The Web site contains copyrighted material, including, without
limitation, text, photos, audio and video clips, graphics, illustrations,
images, logos, and music and sound (collectively, the "Content").
This Web site is protected as a collective work pursuant to U.S. copyright
laws, international conventions, and other copyright laws. Evil Genius
Concepts™ and/or third party content providers may also own copyrights
in the original content on the Web site. You may not modify, reverse engineer,
create derivative works from or in any way exploit any of the Content.
Subject to your compliance with these Terms of Use, Evil Genius Concepts™
grants you a nonexclusive, nontransferable, revocable, limited license
to view, copy, print, and distribute Content retrieved from the Web site
ONLY for your personal, noncommercial use, provided that you do not remove
or obscure any copyright notice, trademark notice, or other proprietary
rights notices displayed on or in conjunction with the Content. You agree
that you cannot download or copy Content for uses other than your personal,
noncommercial use without our express prior, written consent. You acknowledge
and agree that you do not acquire any ownership rights by downloading
copyrighted material. You may not download or copy any product listings,
descriptions, or prices, nor may you use any meta tags or any other hidden
text utilizing our names or trademarks, without our express written consent.
Trademarks
All trademarks, service marks, logos and designs used on this Web site,
whether registered or unregistered, are owned by Evil Genius Tees, LLC
or Evil Genius Concepts™ or other third parties. "Evil Genius
Tees", "Evil Genius Concepts", Evil Genius Comics",
"Evil Genius Woman", "Evil Genius Holidays", "Evil
Genius Blue", "The Evil Genius Collective", "Rude
l'il Dude", "the Evil Genius Party", "T-shirts &
Gifts for uncommon people", "The Chi of Cheese", "Cheesy
Needs", "Things that cheese lovers need", "The Evil
Genius Forums", "Mrs Evil Genius", "evilgeniustees.com",
"evilgeniuscomics.com", "evilgeniusconcepts.com",
"evilgeniuswoman.com", "evilgeniusholidays.com", "rudelildude.com",
"evilgeniusparty.org", are trademarks and/or service marks of
Evil Genius Tees, LLC or Evil Genius Concepts™ and/or its subsidiaries.
Other marks, graphics, trade names and logos appearing on the Web site
may also be trademarks, service marks or trade dress of Evil Genius Tees,
LLC or Evil Genius Concepts™. All other trademarks appearing on the
Web site are the property of their respective owners. You may not use
or display any trademarks, service marks, logos or designs owned by Evil
Genius Tees, LLC or Evil Genius Concepts™ without our express written
consent in each instance.
Unsolicited Submissions
Evil genius Tees, LLC and Evil Genius Concepts™ do not accept unsolicited
materials or creative ideas for use on our Web sites or in our other businesses.
We are not responsible for the similarity of any of our content to any
media or materials or ideas transmitted to the Web site. Should you send
any unsolicited materials or ideas, you do so with the understanding that
no additional consideration of any sort will be provided to you, and that
you are waiving any claim against Evil Genius Tees, LLC and/or Evil Genius
Concepts™ or our affiliates regarding the use of such materials and
ideas, even if a material or an idea is substantially similar to the idea
you submitted.
Solicited Submissions - User submitted content
Evil Genius Concepts™ welcomes User submitted content in the form
of (a) blog comments, (b) letters for publication on the Web site, (c)
original art for publication on the Web site. You are responsible for
all Content that you submit, post, or otherwise make available to or through
the Web site. By doing so, you represent and warrant to Evil Genius Concepts
that such content is not confidential and that you have all necessary
permission to submit, post and otherwise make available such Content.
Evil Genius Concepts make no claims to ownership of solicited Content
that you submit, post or otherwise make available to or through the Web
Site and you continue to retain all ownership rights in such Content and
the right to use your Content as you determine. However, you do grant
to Evil Genius Concepts and its affiliates a worldwide, nonexclusive,
perpetual, fully sub-licensable, royalty-free right and license as set
delineated below:
- with respect to Content™ other than photos, graphics, and video,
that you submit, post or otherwise make available to public areas of the
Web site (e.g. not intended as a private communication), the license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute , publicly perform, and publicly display such Content
(in whole or part) worldwide via the Web site or otherwise, and/or to
incorporate it in other works in any form, media, or technology now known
or later developed; and
- with respect to photos, graphics, and video that you submit, post or
otherwise make available to public areas of the Web site, the license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and publicly display such Content
for the purpose for which such Content was submitted, posted or made available.
Product Reviews
Evil Genius Concepts™ may use products or services; or view media
or websites provided by, purchased from, or otherwise obtained from third
party companies in order to write a review of said products, services,
media, or websites. All reviews published on the Web site are the personal
opinions of the writers at Evil Genius Concepts™. Evil Genius Concepts
shall not be held liable for negative comments or reviews. Whether solicited
or unsolicited, submitting products, services, media, or websites to Us
for review does not guarantee a favorable review. Evil Genius Concepts™
is under no obligation to review any submissions, solicited or unsolicited.
Evil Genius Concepts™ does not guarantee Users that they will experience
the same results obtained by Us from third party entities. Reviews are
solely the opinions of the writers at Evil Genius Concepts™ based
upon results and observations of materials/services at the time of evaluation.
We reserve the right to re-evaluate any third party entity or their products,
services, media, or websites at a later date and change our opinion.
Disclaimer with Respect to Content
A variety of information, advice, recommendations, comments, reviews,
posts, text, graphics, music, sound, photographs, videos, data, and other
materials ("Content") is available on the Web site. Some of
the Content is provided by Evil Genius Tees, LLC and/or Evil Genius Concepts™,
its suppliers, its affiliates and other Content is submitted by users
of the Web site ("Users"), such as User opinions and views posted
to chat rooms, blogs, bulletin boards, or discussion forums.
Evil Genius Concepts™ cannot guarantee, and is not responsible for,
the accuracy, completeness, or timeliness of any Content, whether provided
by Us, our suppliers, our affiliates, or by Users of the Web site. Any
opinions, advice, statements or other information expressed or made available
by Users or third parties, including but not limited to bloggers or our
affiliates, are those of the respective User or other third party and
not of Evil Genius Concepts™. Evil Genius Concepts™ does not
endorse and is not responsible for the accuracy or reliability of any
opinion, advice or statement made on the Web Site.
Evil Genius Concepts™ does not have any obligation to prescreen,
edit, or remove any Content provided by Users that is posted on or available
through the Web site.
Notwithstanding the foregoing, Evil Genius Concepts™ will have the
right (but not the obligation), in its sole discretion and for any reason,
to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEB SITE IS INTENDED SOLELY FOR EDUCATIONAL
OR ENTERTAINMENT PURPOSES AND IS
PROVIDED WITH THE UNDERSTANDING THAT NEITHER EVIL GENIUS CONCEPTS™
NOR ITS SUPPLIERS, AFFILIATES, OR USERS ARE ENGAGED IN RENDERING COUNSELING,
LEGAL, MEDICAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
Third Party Sites
Evil Genius Concepts™ may provide you with links to other websites
from the Web site ("Linked Sites"). You acknowledge and agree
that we have no responsibility for the accuracy or availability of information
provided by the Linked Sites. Links to Linked Sites do not necessarily
constitute an endorsement by or association with us of such sites or the
content, products, advertising or other materials presented on the Linked
Sites. You acknowledge and agree that we do not control and are not 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 content,
goods or services available on the Linked Sites.
Other websites may provide links to the Web site with or without our
authorization. We do not endorse such sites, and shall not be responsible
or liable for any content, advertising, products or other materials available
on such other sites, or any loss or damages incurred in connection with
such other sites.
YOU AGREE THAT YOUR USE OF THE LINKED SITES, INCLUDING WITHOUT LIMITATION
YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE
THROUGH SUCH LINKED SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS
AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Evil Genius Concepts™ shall have the right, at any time and at its
sole discretion, to remove links to Linked Sites without prior notice.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THE WEB SITE AND THE RELATED SERVICES ARE PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT EVIL GENIUS TEES LLC, EVIL GENIUS CONCEPTS™,
THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD
PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE
OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION EVEN IF EVIL GENIUS TEES, LLC OR EVIL GENIUS CONCEPTS™ OR
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EVIL GENIUS TEES LLC AND EVIL GENIUS CONCEPTS™ NEITHER ENDORSE NOR
ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE,
OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE
POSTING MADE ON THE SITE BY ANYONE.
Indemnification
You agree to defend, indemnify, and hold harmless Evil Genius Tees, LLC
and/or Evil Genius Concepts™, their directors, officers, employees,
agents, affiliates, third party service providers, and their respective
directors, officers, employees, owners, licensors and agents from and
against all claims, damages, losses, costs and expenses, (including, without
limitation, reasonable attorneys' fees) , directly or indirectly related
to (a) your breach of these Terms of Use; (b) the Content you submit,
post, or transmit through the Web site, and/or (b) your activities in
connection with the Web site or any services related to the Web site.
Miscellaneous
These Terms of Use and the resolution of any dispute related to these
Terms of Use or the Web site shall be governed by and construed in accordance
with the laws of South Carolina without giving effect to any principles
of conflicts of law. You agree to exclusive jurisdiction by the federal
and state courts located in South Carolina, and waive any jurisdictional,
venue or inconvenient forum objections to such courts.
These Terms of Use, constitute the entire understanding between you and
us with respect to the use of the Web site. We operate this Web site from
our offices in the United States of America. This Web site is directed
to adults in the United States and is not intended for children under
the age of thirteen.
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